Carrying a Concealed Weapon

Carrying a concealed weapon is a criminal offence in Canada under Section 90 of the Criminal Code. This law makes it illegal to carry a weapon, a prohibited device, or prohibited ammunition in a concealed manner unless specifically authorized under the Firearms Act. If you have been charged with carrying a concealed weapon, it is crucial to understand the legal framework, possible penalties, and available defences.

Legal Definition of Carrying a Concealed Weapon

Section 90(1) of the Criminal Code states:

"Every person commits an offence who carries a weapon, a prohibited device or any prohibited ammunition concealed, unless the person is authorized under the Firearms Act to carry it concealed."

A "weapon" includes any object designed or intended to be used to cause harm or intimidate others. This can range from firearms and knives to improvised weapons.

Essential Elements of the Offence

To secure a conviction for carrying a concealed weapon, the Crown prosecutor must prove the following elements beyond a reasonable doubt:

1. Possession – The accused had physical or constructive possession of the weapon.
2. Weapon Status – The item in question meets the legal definition of a "weapon," "prohibited device," or "prohibited ammunition."
3. Knowledge – The accused was aware that the item was a weapon.
4. Concealment – The accused took steps to hide the weapon from view.

The term "carrying" is broadly interpreted and can include having the weapon within reach in a vehicle.

Charged with carrying a concealed weapon? Call (306) 994-9522 now for immediate legal guidance from an experienced defence lawyer.

Penalties for Carrying a Concealed Weapon

Carrying a concealed weapon is a hybrid offence, meaning the Crown can choose to proceed by summary conviction or indictment based on the circumstances.

Indictable Offence

• Maximum penalty: 5 years imprisonment

Summary Conviction

• Maximum penalty: 2 years less a day in jail and/or a $5,000 fine

While there is no mandatory minimum sentence, courts consider factors such as prior criminal history, the nature of the weapon, and the context in which it was concealed.

Collateral Consequences of a Conviction

A conviction for carrying a concealed weapon can have significant long-term consequences, including:

• Criminal Record – May impact employment opportunities and international travel.
• Weapons Prohibition Orders – The court may impose a firearm prohibition order, preventing you from legally possessing weapons in the future.
• Impact on Immigration Status – If you are a non-citizen, a conviction could result in inadmissibility or removal proceedings under the Immigration and Refugee Protection Act.

Don't face concealed weapon charges alone! Speak with a dedicated criminal defence lawyer today at (306) 994-9522.

Aggravating Factors

When determining sentencing, courts may consider aggravating factors that can result in harsher penalties, including:

• Prior criminal convictions, especially for violent offences or weapons charges.
• The presence of the weapon in a public place, school, or other high-risk area.
• Evidence that the weapon was intended to be used in the commission of another crime.
• Attempts to evade police or resist arrest while in possession of the weapon.
• Concealing a weapon while on probation, parole, or bail for another offence.

Summary and Indictable Dispositions Available

• Discharge
• Suspended Sentence
• Fine
• Fine + Probation
• Jail
• Jail + Probation
• Jail + Fine
• Conditional Sentence

Defences Against a Carrying a Concealed Weapon Charge

Several legal defences may be available, including:

• Lack of Possession: The Crown must prove that you had control over the weapon. If the weapon was found in a shared residence or vehicle, the Crown must establish exclusive possession.
• Lack of Concealment: If the weapon was stored in an open or visible manner, it may not meet the legal definition of "concealed."
• Lawful Authorization: Certain individuals, such as law enforcement officers, armoured vehicle security personnel, and those with specific firearm authorizations, may have legal permission to carry concealed weapons.
• Charter Violations: If the weapon was discovered due to an unlawful search or violation of your Charter rights, your lawyer may file a motion to exclude the evidence.

If you have been charged with carrying a concealed weapon, it is critical to seek legal representation immediately. A criminal defence lawyer can assess the strength of the Crown’s case, negotiate with the Crown for reduced charges or alternative sentencing, and represent you in court to fight for the best possible outcome.

Have You Been Charged with Carrying a Concealed Weapon?

An experienced criminal defence lawyer is essential when facing Carrying a Concealed Weapon charges. A criminal defence lawyer can help you navigate the complexities of the legal system, protect your rights, and develop a strong defence strategy tailored to your case.

Need a Criminal Defence Lawyer? Get a Free Legal Consultation With Nicholas Robinson, Criminal Defence Lawyer

Don't hesitate to reach out to us if you have been charged with Carrying a Concealed Weapon. Call (306) 994-9522, and a skilled criminal defence lawyer will discuss your case with you and explore your options.