Possession, Unsafe Storage & Prohibited Devices

Firearms and weapons charges relating to possession, storage violations, and prohibited devices can arise even when you had no intention of harming anyone or committing a crime. If you're facing these charges in Kingston, Napanee, Brockville, or Belleville, understanding how seemingly technical violations become criminal charges and their serious consequences is essential.

Unauthorized Possession of Firearms

Unauthorized possession is one of the most common firearms charges in Ontario. This offence occurs when:

You Possess a Firearm Without a License: Having any firearm without a valid Possession and Acquisition License (PAL) is criminal, even if you previously held a license that expired or was revoked.

You Possess Restricted or Prohibited Firearms Improperly: Even with a valid PAL, possessing restricted or prohibited firearms without proper registration, authorization, and a Restricted PAL (RPAL) is criminal.

You're Subject to a Prohibition Order: Possessing any firearm while under a court-imposed weapons prohibition is a separate and serious criminal offence.

Common scenarios include:

• Licensed gun owners whose licenses expired without renewal
• Inheriting firearms without obtaining proper licensing
• Keeping firearms after court orders prohibit possession
• Possessing firearms that should have been registered but weren't
• Having firearms during bail conditions that prohibit them

Unsafe Storage of Firearms

Canada has detailed regulations governing how firearms must be stored, and violations can result in criminal charges. Many people are shocked to learn that improper storage in their own homes can lead to serious criminal liability.

Storage Requirements Include:

For Non-Restricted Firearms:

• Must be unloaded
• Must have a secure locking device (trigger lock) or be stored in a locked container, cabinet, or room
• Ammunition stored separately or in a locked container

For Restricted and Prohibited Firearms:

• Must be unloaded
• Must have a secure locking device AND be stored in a locked container, cabinet, or room that's difficult to break into
• Ammunition stored separately from firearms

Common Storage Violations:

• Firearms not properly locked or secured
• Loaded firearms in the home
• Ammunition stored with firearms
• Inadequate locking mechanisms
• Firearms accessible to unauthorized persons
• Trigger locks not engaged
• Storage containers not sufficiently secure

These charges often arise when police execute search warrants for other matters and discover improperly stored firearms, or when they attend homes for domestic disputes or other calls and observe storage violations.

Prohibited Devices and Weapons

The Criminal Code prohibits certain devices and weapons entirely. Possession of these items is criminal regardless of your intentions:

Prohibited Devices Include:

• Devices designed to muffle or stop firearm sound (silencers/suppressors)
• Large-capacity magazines beyond legal limits
• Devices designed to convert firearms to automatic
• Replica firearms designed to exactly resemble real firearms
• Certain prohibited firearms (full automatics, converted automatics, certain handguns)

Prohibited Weapons Include:

• Brass knuckles and similar striking weapons
• Spring-loaded knives and switchblades
• Certain martial arts weapons (nunchucks, throwing stars)
• Morning stars, spiked wristbands, and similar items
• Crossbows in certain circumstances

Many people possess prohibited items without realizing they're illegal. Items purchased legally in other jurisdictions, inherited from family members, or acquired years ago when regulations were different can result in criminal charges when discovered.

Moving Forward

Firearms possession and storage charges often feel unjust to those who never intended to break the law. However, Canada's firearms regulations are strict, technical, and create criminal liability even for administrative violations by responsible gun owners.

Understanding the specific allegations against you, the evidence involved, any defences that may apply, and the realistic outcomes for your situation is essential. The mandatory minimum sentences, weapons prohibitions, and criminal records resulting from these convictions make them serious matters requiring careful strategic attention.

If you're facing firearms possession, storage, or prohibited device charges in Eastern Ontario, getting informed guidance about your specific circumstances and options is an important step in addressing your situation effectively.