Unauthorized Possession of a Firearm

Unauthorized Possession of a Firearm

Being charged with unauthorized possession of a firearm in Edmonton is a serious offence under Canadian law, carrying potential consequences such as imprisonment, substantial fines, and a criminal record.

Facing charges for unauthorized possession of a firearm in Edmonton can drastically alter your life. Engage with a knowledgeable lawyer who understands the intricacies of firearm offences and can guide you through the legal process effectively.

With over 25 years of experience in criminal law, Geoff Green is a highly-rated criminal defence lawyer based in Edmonton, Alberta. He specializes in defending individuals charged with firearm and weapon offences. Geoff is dedicated to protecting your rights and securing the best possible outcomes in your case.

Take advantage of a free consultation to discuss your situation and explore your options. Contact Geoff Green at (780) 914-1836 to schedule your appointment today.

Understanding Unauthorized Possession of a Firearm Weapons Offence

Unauthorized possession of a firearm is a serious offence under Canadian law.

The Criminal Code of Canada establishes strict regulations regarding the ownership and possession of firearms. Under Section 91 of the Criminal Code, individuals are prohibited from possessing firearms without proper licensing and registration.

A firearm is defined as any barreled weapon from which any shot, bullet, or projectile can be discharged. If you are found in unauthorized possession of a firearm, it can lead to serious penalties, including imprisonment.

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Common Scenarios Leading to Weapons Offence Charges

Understanding the scenarios that can lead to charges of unauthorized possession of a firearm is essential. Here are some common situations:

Scenario Type Description
Possession Without a License Possessing a firearm without a valid firearm licence issued under the Firearms Act.
Prohibited Firearm Having possession of a prohibited firearm such as a fully automatic weapon or certain handguns.
Possession by a Prohibitive Person Individuals who have prior convictions may face charges if found in possession of a firearm.
Illegal Storage Storing a firearm in a manner that does not comply with legal requirements can also lead to charges.

It is essential to consult with qualified firearm offence lawyer Geoff Green who can assess your situation and formulate a defence strategy tailored to your case.

The Role of the Firearms Act (FA) in Alberta

The Firearms Act sets strict regulations on the use and possession of firearms across Alberta and Canada.

The Firearms Act (FA) governs firearm licensing, transportation, and storage. It aims to enhance public safety while respecting lawful firearm ownership.

Violating these rules can result in criminal charges, even for individuals with no prior criminal history. If you’ve been charged under the Firearms Act, Geoff Green’s deep understanding of this law is critical to navigating your defence.

The Legal Process for Firearm and Weapons Offences

The legal process typically begins with an arrest and may lead to various hearings and trials. Understanding each stage is critical for effective representation.

  1. Arrest and Charges
    • Upon arrest, law enforcement will inform you of the charges. It is vital to remain silent until you have legal representation.
  2. Bail Hearing
    • If arrested, a bail hearing will take place to determine whether you will be released pending trial. Geoff will argue for reasonable bail conditions to avoid unnecessary detention.
  3. Pre-Trial Preparation
    • This stage involves gathering evidence, reviewing police reports, and formulating a defence strategy. Geoff will analyze the prosecution’s case for weaknesses.
  4. Trial
    • During the trial, both the prosecution and defence present their cases. Geoff will challenge the evidence presented and work to establish reasonable doubt.
  5. Sentencing
    • If convicted, the court will determine the sentence. Possible sentences include imprisonment, fines, or probation. Geoff will aim to mitigate penalties where possible.

Need a lawyer for Unauthorized Possession of a Weapon charge?

It’s essential to act quickly and secure legal representation.

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Potential Penalties for Unauthorized Possession of a Weapon

The penalties for unauthorized possession of a firearm can be severe, depending on a range of factors such as prior convictions and the nature of the firearm involved. Here’s a breakdown of potential penalties:

Type of Offence Maximum Penalty
Unauthorized Possession (summary) Up to 6 months imprisonment
Unauthorized Possession (indictable) Up to 5 years imprisonment
Possession of a Prohibited Firearm Up to 10 years imprisonment
Repeat Offences Longer sentences and harsher penalties

Being charged with unauthorized possession of a firearm can have lasting effects on your life, including a permanent criminal record. It is essential to work with Geoff Green to explore all avenues of defence.

Geoff Green is an Experienced Weapons Offence Lawyer in Edmonton

A strong and experienced defence lawyer is crucial when facing firearm offences. The consequences of a conviction can be life-altering, affecting your employment, personal relationships, and reputation.

Geoff Green believes in a thorough approach to criminal defence. He will explore the following key aspects:

  • Challenging Evidence: Assess whether all evidence was obtained lawfully, particularly concerning search and seizure.
  • Understanding Intent: Proving that you were unaware of the firearm’s presence or legality can be a crucial part of your defence.
  • Negotiating Plea Agreements: If applicable, Geoff can negotiate with the Crown to seek reduced charges or alternative sentencing options.

Common Defences Against Firearm Charges in Edmonton

When charged with unauthorized possession of a firearm, possible defences may apply:

  • Knowledge: Arguing that you had no knowledge of the firearm’s existence can be a strong defence, or alternatively that you were mistaken about the weapon being restricted or prohibited.
  • Legitimate Ownership: Proving that the firearm belonged to another person who had the legal right to possess it.
  • Unlawful Search: Any evidence obtained may be inadmissible in court if law enforcement violated your rights during the search.

Consulting with a knowledgeable defence lawyer is crucial for identifying the best strategies for your specific case.

Frequently Asked Questions about Unauthorized Possession of a Firearm Offences in Edmonton

How serious is an unauthorized possession of a firearm charge in Edmonton?

Under Canadian law, unauthorized possession of a firearm is considered a significant criminal offence. Penalties vary based on factors such as whether the firearm is restricted or prohibited and the circumstances of possession.

Convictions can result in hefty fines, imprisonment, or a criminal record, so it is critical to contact an experienced criminal defence lawyer in Edmonton.

What defences can a lawyer use for unauthorized firearm possession charges?

Skilled firearm lawyer Geoff Green might challenge the legality of the search that led to the discovery of the firearm, argue a lack of knowledge regarding the firearm’s presence, or question whether the weapon was truly unauthorized. Geoff could also challenge the charges by showing that you were under the direct supervision of a person who was authorized to possess the firearm. It might also be argued that you were mistaken that the weapon was a prohibited one.

Each case is unique, and consulting a lawyer immediately helps build a tailored defence strategy.

Are concealed weapon charges handled differently than general firearm possession cases?

Yes, charges for carrying a concealed weapon often include proving the intent behind concealing the weapon. Prosecutors may argue it was for a dangerous purpose, while defence lawyers focus on disproving intent or establishing lawful reasons. These cases require an experienced criminal defence lawyer who is well-versed in firearms and weapons offences in Alberta.

What is the penalty for possessing a restricted or prohibited firearm in Edmonton?

Possessing a restricted or prohibited firearm without proper authorization carries severe penalties, including mandatory minimum sentences for some offences. The penalties increase if the firearm was used or intended for a dangerous purpose. A lawyer in Edmonton can help navigate the legal complexities and work to minimize potential consequences.

Schedule Your Free Consultation with a Lawyer Today

If you are facing charges for unauthorized possession of a firearm in Edmonton, it is vital to take immediate action. Geoff Green offers a free consultation to discuss your case and explore your legal options.

With his extensive experience in criminal law, Geoff will provide you with the guidance needed to navigate the legal system effectively. Contact Geoff today at (780) 914-1836 to schedule your consultation and take the first step toward protecting your rights and future.

In conclusion, unauthorized possession of a firearm carries serious repercussions that can impact every aspect of your life. Having a dedicated and knowledgeable lawyer by your side is essential to fight for your rights and work toward the best possible outcome.