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 in one’s person or in close proximity. Any object can be defined as a weapon based on the circumstances. A baseball bat in a car parked near a baseball field where a team is practising is non-threatening and acceptable. However, the scenario changes if the car with the baseball bat is parked near an expected confrontation of hostile parties.
Section 90 of the Criminal Code identifies the offence of carrying a concealed weapon. According to it, every person who carries a weapon, a prohibited device, or any prohibited ammunition concealed, commits an offence unless the person is authorized under the Firearms Act to carry it concealed.
The punishment for committing an offence is clearly defined. The individual could be guilty of an indictable offence and liable to imprisonment for a term not exceeding five years or alternatively, can be guilty of an offence punishable on summary conviction.
An individual is permitted to carry a concealed weapon by obtaining an Authorization to Carry under Section 20 of the Firearms Act. This applies to an individual who holds a licence authorizing the individual to possess restricted firearms or handguns.
The individual may be authorized to possess a restricted firearm or handgun at a place other than where it is authorized to be possessed under certain circumstances. These circumstances could be a need to protect the life of that individual or of others, or when the weapon is required for use in the individual's lawful profession or occupation.
Authorization to Carry would be issued in two situations, firstly when an individual needs a handgun to protect their life or the life of others, and secondly, if an individual's profession necessitates it. The further criteria for needing restricted firearms as specified in the Authorizations to Carry Restricted Firearms and Certain Handguns Regulations, under sections 2 and 3 of the Firearms Act, are outlined as follows.
For the 'Protection of Life', an individual needs restricted firearms or prohibited handguns when the life of that individual, or other individuals, is under immediate threat from one or multiple individuals, when police protection is deemed insufficient, and when possession of a restricted firearm or prohibited handgun can be reasonably validated for protection from death or grievous bodily harm.
For situations related to 'Lawful Profession or Occupation', an individual requires restricted firearms or prohibited handguns when their primary activity involves the management, transportation or protection of cash, negotiable instruments or other goods of substantial value, requiring firearms for protection during these activities.
Other conditions include when the individual works in a remote wilderness area and requires firearms for protection against wild animals, or when the individual is licensed to trap in a province according to the provincial laws.
A concealed weapons offence record can have a significant impact on an individual, such as hindering employment opportunities or incidents involving the police.