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Is it a Crime to Carry a Concealed Weapon?

Toronto Defence Lawyers
  • Carrying a concealed weapon refers to the practice of carrying a handgun or other weapon in public in a concealed or hidden manner.
  • The weapon can be hidden on one’s person or in close proximity to a person. About any object can be identified as a weapon depending on circumstances.
  • For example, a baseball bat that is in a car that is parked near a baseball diamond while a team is practicing is non-threatening and acceptable.
  • However, the situation is completely different if the car with the baseball bat is parked near an anticipated confrontation of hostile parties.

Section 90 of the Criminal Code addresses carrying a concealed weapon as follows:

90. (1) 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.

Punishment

(2) Every person who commits an offence under subsection (1)

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

(b) is guilty of an offence punishable on summary conviction.

The only way an individual is allowed to carry a concealed weapon is by obtaining an Authorization to Carry under Section 20 of the Firearms Act:

20 An individual who holds a licence authorizing the individual to possess restricted firearms or handguns referred to in subsection 12(6.1) (pre-December 1, 1998 handguns) may be authorized to possess a particular restricted firearm or handgun at a place other than the place at which it is authorized to be possessed if the individual needs the particular restricted firearm or handgun

(a) to protect the life of that individual or of other individuals; or

(b) for use in connection with his or her lawful profession or occupation.

The two situations in which an Authorization to Carry would be issued are if the individual needs a handgun to protect the like of him/herself or others or if an individual’s profession requires it. The Authorizations to Carry Restricted Firearms and Certain Handguns Regulations further breaks down the circumstances in which an individual needs restricted firearms for the purpose of section 20 of the Firearms Act under section 2 and 3:

Protection of Life

2 For the purpose of section 20 of the Act, the circumstances in which an individual needs restricted firearms or prohibited handguns to protect the life of that individual or of other individuals are where

(a) the life of that individual, or other individuals, is in imminent danger from one or more other individuals;

(b) police protection is not sufficient in the circumstances; and

(c) the possession of a restricted firearm or prohibited handgun can reasonably be justified for protecting the individual or other individuals from death or grievous bodily harm.

Lawful Profession or Occupation

3 For the purpose of section 20 of the Act, the circumstances in which an individual needs restricted firearms or prohibited handguns for use in connection with his or her lawful profession or occupation are where

(a) the individual’s principal activity is the handling, transportation or protection of cash, negotiable instruments or other goods of substantial value, and firearms are required for the purpose of protecting his or her life or the lives of other individuals in the course of that handling, transportation or protection activity;

(b) the individual is working in a remote wilderness area and firearms are required for the protection of the life of that individual or of other individuals from wild animals; or

(c) the individual is engaged in the occupation of trapping in a province and is licensed or authorized and trained as required by the laws of the province.

  • A criminal record that is based on a concealed weapons offence can have a big impart on an individual, whether it be looking for employment or contact with the police.
  • If you have been charged with a concealed weapons charge or any other weapons charge, contact Kostman & Pyzer today.

 

13 Sep 2016

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