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What Classifies as a Weapon in Canada?

A common assumption is that hunting rifles, collector’s knives, and similar objects are illegal weapons. However, that isn’t always the case. Objects you think would be illegal or qualify as a weapon are permitted for specific uses.

According to our criminal lawyer Calgary, a weapon is anything designed to be used, used, or intended to cause injury or death or used to intimidate or threaten a person. Firearms are always considered weapons, but they’re not all illegal. Other objects like knives can be weapons, but determining whether they fall under the definition of a weapon to convict someone of a crime comes down to interpretation and a legal analysis.

Legal Weapons in Canada

Some weapons are legal in Canada. Although all firearms are dangerous, some are legal under specific circumstances. Ordinary sporting and hunting rifles, airguns, and shotguns are typically classified as non-restricted firearms. There are physical characteristics that must be met, one example is that they have a total length of at least 660 mm.

Many air guns are classified as non-restricted firearms because they can reach a muzzle velocity of 500 feet per second. The barrel length on a centrefire semi-automatic firearm must be at least 470 mm to be a non-restricted firearm.

Federal regulations determine how you must transport, store, and display these firearms. You must also carry a license to possess them.

Municipal and provincial rules impose additional requirements. Some firearms are prohibited or restricted despite meeting the definition of a non-restricted firearm.

What Classifies Something as a Weapon?

According to the Canadian Criminal Code, the weapon definition includes anything designed to be used, used, or intended for use:

• To intimidate or threaten someone; or
• In causing a person’s injury or death.

A weapon also includes a firearm and anything used, designed to be used, or intended for tying up or binding someone against their will.

The Criminal Code defines a prohibited weapon as:

• A knife containing a blade that opens automatically by gravity, centrifugal force, or hand pressure applied to a spring, button, or other device attached to or in the handle; or
• Any weapon except a firearm that is prescribed as a prohibited weapon.

A word on Orbeez Gel Blasters/Orbeez Guns:

Gel Blasters or Orbeez guns are a type of toy that can be purchased from places like Amazon or Walmart. It is common for kids/youths to be charged with offences where Orbeez guns/Gel Blasters have been used. Each case and each charge is unique but it is common for an assault with a weapon under section 267(a) of the Criminal Code to be used to prosecute kids/youths in circumstances involving these toys.

A prohibited firearm means a handgun that:

• Is adapted or designed to discharge a 25 or 32-calibre cartridge but doesn’t include any handgun prescribed where the handgun is used in international sporting competitions governed by International Shooting Union rules; or
• Has a barrel less than or equal to 105 mm in length.

The definition of a prohibited firearm also includes a firearm adapted from a shotgun or rifle, whether by cutting, sawing, or any other alteration and is:

• At least 660 mm long with a barrel shorter than 457 mm; or
• Less than 660 mm long.

Any firearm prescribed to be a prohibited firearm or an automatic firearm, whether there have been alterations to discharge one projectile with one pressure of a trigger, is also considered a prohibited firearm.

Examples of Weapons in Canada

Different weapons are prohibited because they’re extremely dangerous if misused or handled by the wrong person. Examples of these weapons include:

• Brass knuckles
• Pepper spray
• A spiked wristband with a blade or spike attached to it
• Any mechanical or electrical device adapted or designed to operate the trigger mechanism of a semi-automatic firearm to cause it to discharge cartridges in rapid succession
• Tear gas
• A belt with a blade capable of withdrawing with the belt buckle forming a handle for the blade
• Hard non-flexible pipes, sticks, rods, or clubs linked by a length or lengths of cord, chain, rope, or wire
• Any device containing a manually triggered telescoping spring-loaded steel whip terminating in a heavy-calibre striking tip
• Any finger ring containing one or more sharp objects or blades capable of projection from the surface
• A knife with a blade opening automatically by centrifugal force, gravity, or hand pressure applied to a button, spring or another device in or attached to the handle
• A pipe or tube designed to shoot darts or arrows by breath
• A crossbow or similar device altered or designed to be aimed and fired by using one or both hands

Penalties for Weapon Offences in Canada

The sentencing you face for a weapons charge will depend on the type and severity of the offence. Below are the penalties based on specific charges in the Criminal Code.

Use Offences

Weapons charges involving using a weapon include:

• Carelessly using a firearm and violating storage regulations
• Using a firearm or imitation firearm while committing an indictable offence
• Pointing a firearm

Even if someone doesn’t mean to harm another person, using a firearm can lead to harsh punishments, if convicted. Carelessly using a firearm can result in a prison term of up to two years. Using a firearm can result in one to fourteen years imprisonment if it’s the defendant’s first offence and the prosecutor tries the case as an indictable offence.

Possession Offences

Possession offences include:

• Carrying a concealed weapon
• Unauthorized possession of a firearm
• Possession of a weapon obtained by committing a crime
• Possessing a weapon for dangerous purposes
• Possession in an unauthorized place
• Carrying a weapon during a public meeting
• Breaking and entering to steal a firearm
• Unauthorized possession of a prohibited or restricted firearm
• Robbery to steal a firearm
• Knowingly possessing an unauthorized weapon, firearm, or ammunition
• Unauthorized possession in a motor vehicle

Sentencing varies depending on the type of possession offence but can include:

• Carrying a concealed weapon – Up to five years in prison if tried as an indictable offence
• Life imprisonment for robbery or breaking and entering to steal a firearm
• No more than ten years for unauthorized possession in a motor vehicle if tried as an indictable offence

Less severe possession or use charges can be tried as a summary offence. The election is within the Crown’s discretion. The maximum sentence for use offences tried as a summary conviction is six months in prison. Less serious possession charges can lead to six months to one-year imprisonment.

Trafficking Offences

A trafficking offence refers to possessing a weapon for trafficking or transferring a weapon to another person without authorization. A trafficking conviction typically carries a penalty of three to ten years in prison. Sentencing can increase to a maximum of five years in prison for transferring a weapon without authority.

Assembling Offences

An assembling offence involves making or altering a firearm to create an automatic weapon. The penalty can include between one and ten years in prison, depending on how the prosecutor decides to try the case.

Import/Export Offences

Unauthorized importing or exporting and importing or exporting knowing it isn’t authorized are common import/export offences. The punishment is more severe if the defendant knew they were committing an illegal act. It can lead to three to ten years in prison, even if it’s only the defendant’s first criminal conviction.

Lost, Damaged, or Destroy Weapons Offences

These offences include:

• False statements to an officer
• Finding or losing a firearm and failing to report it to an officer promptly
• Tampering with a serial number
• Destroying a firearm

The offences can be tried as a summary offence. That means the maximum term of imprisonment will be lower. If tried as an indictable offence, the penalty can be up to five years imprisonment.

Defend Yourself with an Experienced and Strategic Lawyer

Defending against a weapons offence charge is complicated. You deserve an experienced legal team representing you and fighting for your future.

A Calgary criminal defence lawyer from Alberta Legal will get to work on an effective defence strategy to protect your rights and freedom. Call us for a free consultation if you were arrested or charged with a weapon-related crime today.