Facing weapons or firearms charges in Alberta can feel overwhelming and intimidating. These charges are often serious, carry potentially life-altering consequences, and involve complex laws that aren’t always easy to understand. At Greg White Defence, we believe in providing clear, honest guidance to help you make informed decisions and protect your rights.
In this article, we’ll break down how weapons and firearms laws work in Alberta, the types of charges you could face, what the Crown must prove, and how a defence lawyer can help.
What Is Considered a “Weapon” in Alberta?
Under Canadian law, a weapon is broadly defined. It’s not just about guns.
🔍 The Criminal Code Definition
According to Section 2 of the Criminal Code, a weapon includes anything used, designed to be used, or intended to be used:
- To cause death or injury, or
- To threaten or intimidate another person.
This means even everyday items like knives, baseball bats, or even a broken bottle can be classified as weapons, depending on how they are used or intended to be used.
What Are Firearms Under Canadian Law?
Firearms are a specific category of weapon that carry stricter rules and heavier penalties.
Definition of a Firearm
Under Section 2 of the Criminal Code, a firearm is:
“A barreled weapon from which any shot, bullet, or other projectile can be discharged and that is capable of causing serious bodily injury or death.”
This includes:
- Handguns
- Rifles and shotguns
- Semi-automatic firearms
- Air-powered guns (in some cases)
Even non-functioning firearms can sometimes lead to charges if they are used in a threatening manner or closely resemble a real weapon.
Common Weapons and Firearms Charges in Alberta
The charges you may face depend on how the weapon was used, who had it, where it was, and whether it was legally owned.
Possession of a Weapon for a Dangerous Purpose
Under Section 88 of the Criminal Code, it’s illegal to carry or possess a weapon if you intend to use it to hurt someone, threaten, or intimidate.
Even if no one was hurt, the intention behind possessing the weapon is what matters.
Carrying a Concealed Weapon
This offence (Section 90) applies when a person carries a concealed weapon without proper authorization, such as a concealed gun.
Unauthorized Possession of a Firearm
If you don’t have a valid Possession and Acquisition Licence (PAL), you can be charged under Section 91 or 92, depending on the circumstances.
There are separate offences for:
- Unauthorized possession in general
- Possession in a motor vehicle
- Possession with knowledge it’s unauthorized
Unsafe Storage of Firearms
Firearm owners are required to follow strict storage laws, especially if they have children or guests in the home. Failing to store a firearm safely—such as leaving it loaded and accessible—can result in charges under Section 86.
Possession of a Prohibited or Restricted Firearm
Some firearms are classified as prohibited (such as automatic weapons) or restricted (like handguns or certain rifles). Possession without the correct licence and registration is a serious criminal offence.
Aggravating Circumstances That Can Make Charges More Severe
Several factors can increase the seriousness of a weapons or firearms charge:
Criminal Record
A past criminal record, especially involving violence, can increase the penalties or likelihood of jail time.
Use of Weapon During Another Crime
If the weapon was used during the commission of another offence (like robbery or assault), mandatory minimum sentences may apply.
Location of the Offence
Possessing a weapon near a school, at a public event, or in a courthouse can trigger additional charges.
Penalties for Weapons and Firearms Offences
Penalties vary widely based on the charge and circumstances. Many offences come with mandatory minimum sentences, particularly when a firearm is used in the commission of a crime.
Examples of Sentences
| Offence | Potential Sentence |
| Possession for a dangerous purpose | Up to 10 years |
| Unauthorized firearm possession | Up to 5–10 years |
| Use of a firearm in a crime | Minimum 1–5 years (depending on charge) |
| Possession of a prohibited firearm | Up to 10 years |
Defences to Weapons and Firearms Charges
Just because you’ve been charged doesn’t mean you’ll be convicted. There are several legal strategies a defence lawyer may use, including:
Lack of Intent
Many weapons charges require intent. If the Crown cannot prove that you intended to use the item as a weapon, your charge may be reduced or dismissed.
Illegal Search or Seizure
If the weapon was found during an unlawful police search, we may be able to challenge the evidence under Section 8 of the Charter of Rights and Freedoms.
Lawful Possession
If you had a valid firearms licence or were lawfully using the weapon (e.g., for hunting), that can form the basis of a legal defence.
Mistaken Identity or Lack of Knowledge
If you didn’t know the weapon was there (for example, in a borrowed vehicle), that may support a lack of knowledge of defence.
How a Criminal Defence Lawyer Can Help
At Greg White Defence, we take weapons and firearms charges seriously. We’ll analyze every detail of your case, review police conduct, examine whether your rights were violated, and build the strongest defence possible.
We understand how high the stakes are. Your job, your freedom, and your reputation may be on the line. You don’t have to face this alone.
Call Greg White Defence Today
If you or someone you care about has been charged with a weapons or firearms offence in Alberta, don’t wait. The earlier you get legal representation, the more options you may have.
Greg White Defence: Protecting Your Future. Standing Up For Your Rights.
