There was a time when only criminals had to concern themselves with firearms charges. That time has come and gone.
Understanding the Landscape of Firearms Offences
Firearms-related legal issues cover a wide range of situations, from storage and licensing matters to possession of prohibited weapons or allegations involving violence.
The Criminal Code treats many firearms offences with exceptional seriousness, and some can carry significant jail sentences. Even apparently regulatory violations can have major consequences, including firearms prohibitions, licence revocations, and restrictions that affect employment, travel, and daily life. Jensen Law regularly defends clients facing firearms charges and assists with other legal issues related to firearms possession and licensing.
Where Firearms Cases Are Won or Lost
The central issues in firearms cases often involve how police found the firearm and why they believed it was connected to the accused. These cases may turn on whether the search was lawful, whether the detention or arrest was justified, whether the firearm was actually in the person’s possession or control, whether a warrant was valid, and whether police exceeded their authority.
Charter breaches are common in firearms investigations. When they occur, the firearm or other critical evidence may be excluded. A case that appears strong at first glance can change dramatically once the legality of the investigation is scrutinized. If the defence is seeking exclusion of evidence based on a Charter breach, experienced criminal defence counsel is particularly important.
Building a Defence That Fits the Case
Firearms allegations require a defence strategy tailored to the facts. Some cases call for significant Charter litigation. Others turn on constructive possession, access, knowledge, licensing, continuity of evidence, or the interpretation of storage requirements.
We examine the disclosure for both obvious and subtle issues, including problems with warrants, gaps in continuity, unclear possession evidence, and investigative shortcuts that may undermine the Crown’s theory.
Our role is to provide a clear assessment of the strengths and weaknesses of the case, the realistic outcomes, and the options available so our clients can make informed decisions about how to proceed.
