Law & Society

There are many different types of weapon offenses that a person can be charged with including knives, guns, bats, tasers, etc.. The potential consequences will vary depending on the weapon an individual is charged with possessing, the circumstances surrounding why he or she possessed it, and in what manner it was being used, .
ANY item can be used as a weapon. If someone hits another person with a bag of feathers without the consent of the other person, that can be considered a weapon used in the commission of an assault.

To find an individual guilty of possession of a weapon, the Crown must prove that the item seized was in fact a weapon. In the case of firearms, it must be a barreled weapon from which any shot, bullet or other projectile can be discharged and that is capable of causing serious bodily injury or death to a person.
The Crown must also prove that the individual charged had control of the firearm and had knowledge that the item was a firearm. This is not always as easy to prove as it sounds. In this case, you were charged because the police may not know whose firearm it was and so they charged everyone in the car. For this reason you should consult a lawyer to discuss your case.

The type of sentence a person can receive for a weapon offense depends on a myriad of factors. Some weapon offenses can carry a maximum penalty of life in prison. Others carry minimum sentences (which means that if the offense has a minimum sentence of one year, a judge must sentence an individual to at least one year in jail). Some of the factors considered include, but are not limited to:

i) the type of weapon (for example, weapons such as knives or uncommon weapons will generally result in lighter sentences than firearms or explosives.
ii) the manner in which the weapon was being possessed (was it simply in the person's pocket or was it being held for everyone to see)

iii) whether the person is convicted of possession, using the weapon, or possession for the purpose of trafficking or actually trafficking

iv) the criminal record of the person found guilty

v) the facts surrounding the case including whether there was a Charter violation

Many firearm related offenses have minimum sentences of three years and up depending on the firearm-related offense charged and whether the individual has any prior firearm related convictions.