Firearms Charges



Some of the most serious charges in the Canadian Criminal Code are those surrounding firearms offences. Most firearms charges carry mandatory minimum jail sentences, and can thus be more severe than similar charges that aren’t firearms-related. For example, a charge of Robbery does not carry a mandatory minimum sentence at all, but being convicted with Robbery while armed with a Firearm means a minimum of 4 or 5 years in jail, depending on what type of firearm was used in the offence. In a similar light, the Criminal Code’s bail provisions make it more difficult for those charged with firearms offences to be granted bail.

It is extremely important to immediate contact a Toronto firearms lawyer like Graham Zoppi if you or someone you care about has been charged with a firearms offence. A firearms conviction on your record can severely impact the rest of your life, and you owe it to yourself or your loved one to consult with a criminal lawyer that can provide you with the help you need.

There exist many kinds of defences for firearms-related charges, such as the following:

- Negating possession by proving a lack of control or knowledge over the firearm;

- Calling into question the identity of the accused person as the individual who committed the firearms offence;

- Filing Charter applications in order to exclude any firearms that were located by police as the result of an unlawful search and seizure.

Mr. Zoppi has a proven track record of successfully defending his clients against firearms charges. He uses every available legal defence from bail hearing all the way through to the trial in order to help his clients avoid the Criminal Code’s strict penalties for firearms offences. Below you can read some examples of his successes in this area of his practice.

R. v. C.A.

The accused was charged with the possession of a loaded sawed-off shotgun, which police had discovered in his car’s trunk. Toronto gun lawyer Graham Zoppi defended the accused and was able to successfully argue at trial that the police’s discovery of the shotgun was a result of an unlawful search and seizure. Because of this, the shotgun could not be used as evidence, so Mr. Zoppi’s client was acquitted of the offence of possession of a loaded prohibited weapon. Mr. Zoppi was also able to have his client acquitted of a further charge of carrying a concealed weapon regarding a knife and pellet gun that had been located in the waistband of his pants. (LINK TO ARTICLE)

R. v. M.M.

Firearms lawyer Graham Zoppi’s client was on bail for an unrelated robbery charge when he was discovered inside an apartment containing four loaded firearms. Mr. Zoppi was able to secure bail for his client and ultimately succeeded in persuading the Crown Attorney’s office to drop the firearms charges against his client.

R. v. J.F.

The accused was charged in relation to a shooting that occurred at a nightclub. 24 hours after the nightclub shooting, Mr. Zoppi’s client was found in possession of a shell casing that matched the gun used during the shooting, and police recovered the gun only feet from where the client had been arrested. Graham Zoppi defended the client against the firearms charges, and the accused was found not guilty of the shooting and of possession of the firearm.

R. v. J.F. (2)

The client received a charge of possession of a firearm that had been brandished at a second nightclub. The accused had been standing within a few feet of where the firearm was ultimately located after the incident, and he was found to be in possession of a shell casing matching the gun in question. Mr. Zoppi successfully defended his client, and he was found not guilty of possession of the firearm brandished at the nightclub.