Trafficking, Unauthorized Possession & Mandatory Minimums

Firearms trafficking and serious possession charges represent some of the most heavily penalized offences in Canadian criminal law. If you're facing these allegations in Kingston, Napanee, Brockville, or Belleville, understanding the mandatory minimum sentences that eliminate judicial discretion and the severe consequences of these charges is critical to your situation.

What Is Firearms Trafficking?

Firearms trafficking involves transferring, offering to transfer, importing, exporting, or manufacturing firearms illegally. Unlike drug trafficking where sales are typically involved, firearms trafficking includes any unauthorized transfer or movement of firearms.

Common Trafficking Scenarios:

Selling Firearms Illegally: Selling firearms without proper licensing, authorization, or to prohibited persons.

Transferring to Unlicensed Persons: Giving, lending, or selling firearms to people without valid PALs, even friends or family members.

Straw Purchasing: Buying firearms legally with the intention of transferring them to someone who cannot legally possess them.

Smuggling: Bringing firearms into Canada illegally across borders.

Serial Number Tampering: Removing, altering, or defacing serial numbers on firearms—often treated as evidence of trafficking intent.

Large-Scale Operations: Organized trafficking involving multiple firearms, illegal imports, or connections to criminal organizations.

Even single transfers of firearms to unlicensed individuals can result in trafficking charges. The offence doesn't require profit motive or large quantities—simply transferring a firearm without proper authorization constitutes trafficking.

Unauthorized Possession: Understanding the Charge

Unauthorized possession covers various situations where firearms are possessed illegally:

Possession Without a License: Having any firearm without a valid PAL is the most basic form.

Possession of Restricted/Prohibited Firearms Without Authorization: Even PAL holders cannot possess restricted or prohibited firearms without proper registration and authorization.

Possession While Prohibited: The most serious form—possessing any firearm while under court-imposed prohibition orders from previous convictions or as bail conditions.

Knowledge-Based Possession: In vehicles or residences with multiple occupants, the Crown must prove you knew the firearm was present and had some control over it.

The severity of unauthorized possession charges—and particularly the mandatory minimum sentences—depends largely on whether restricted or prohibited firearms are involved and whether you have prior firearms-related convictions.

Understanding Mandatory Minimum Sentences

Mandatory minimum sentences are fixed minimum penalties that judges must impose upon conviction. Courts cannot go below these minimums regardless of circumstances, mitigating factors, or the accused's background.

Why Mandatory Minimums Matter:

• They eliminate judicial discretion
• Imprisonment is required even for first-time offenders in many circumstances
• No alternatives to custody can be considered
• Personal circumstances cannot reduce sentences below the minimum
• They significantly increase stakes in fighting charges versus pleading guilty

Mandatory Minimums for Firearms Offences:

Unauthorized Possession of Prohibited or Restricted Firearms (when Crown proceeds by indictment):

• First offence: 1 year imprisonment
• Second offence: 3 years imprisonment
• Third and subsequent offences: 5 years imprisonment

Trafficking in Firearms:

• First offence: 3 years imprisonment (if involving restricted/prohibited firearms or linked to criminal organization)
• Second offence: 5 years imprisonment

Possession for Purpose of Trafficking:

• Similar minimums to trafficking depending on circumstances

Using Firearm in Commission of Indictable Offence:

• First offence: 1 year consecutive
• Second offence: 3 years consecutive
• Third offence: 5 years consecutive
• These sentences run in addition to sentences for the underlying offence

These minimums apply regardless of whether the accused is otherwise law-abiding, whether they pose a danger to the public, or whether rehabilitation seems more appropriate than imprisonment.

Moving Forward

Firearms trafficking and unauthorized possession charges carrying mandatory minimum sentences represent some of the most serious allegations in Canadian criminal law. The elimination of judicial discretion, requirement for imprisonment regardless of circumstances, and severe collateral consequences make these fundamentally high-stakes matters.

Understanding the specific evidence against you, potential defences available, whether constitutional challenges may apply, and the realistic range of outcomes given the mandatory minimum framework is essential. These are matters where early strategic decisions (about how to approach the case, what defences to pursue, and whether to proceed to trial) have profound implications for years of your life.

If you're facing firearms trafficking or serious possession charges with mandatory minimum exposure in Eastern Ontario, getting informed, strategic guidance about your specific situation is not just important—it's essential to protecting your future.