Having a Firearm in Alberta Without a Licence
In Alberta, being caught with a firearm can have serious consequences, even if you didn’t realize you were breaking the law. Maybe it was an old hunting rifle handed down from a relative. Maybe you forgot to renew your Possession and Acquisition Licence (PAL). Or maybe you were stopped by police with a gun in your vehicle that you didn’t think required registration.
No matter the situation, being charged with unauthorized firearm possession is a serious matter under the Criminal Code of Canada. But that doesn’t mean you’re out of options.
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What Counts as “Unauthorized Possession?”
Canadian firearms laws are strict and often misunderstood. Under sections 91–95 of the Criminal Code, it is illegal to possess a firearm without proper authorization. This can mean:
* You don’t have a valid PAL (Possession and Acquisition Licence).
* You’re transporting a firearm improperly (contrary to federal regulations).
* The firearm is prohibited or restricted, and you don’t have the licence or registration.
* You’re in possession of a firearm that’s been modified or not safely stored.
It’s important to note that not all firearms require registration. Currently, only restricted and prohibited firearms must be registered federally. Most ordinary hunting rifles and shotguns (non-restricted firearms) do not require registration, but you must still have a valid PAL to possess them.
And it’s not just about ownership. You don’t need to own a gun to be charged. If it is found in your home, vehicle, or even near you in a shared space, police may still lay charges under what’s called constructive possession.
Common Scenarios that Lead to Charges:
Even people with no criminal history can find themselves charged under Canada’s firearms laws. These are some of the most common situations that trigger police action:
* You are pulled over, and police find a firearm in your vehicle.
* You inherit a weapon from a family member and don’t have a valid PAL or, for restricted/prohibited firearms, fail to register it.
* You bring a hunting rifle on a trip but store it improperly (contrary to federal storage and transport regulations).
* You move to Alberta with a firearm from another province and don’t update the paperwork or ensure compliance with federal law.
* You’re unaware that the firearm in question is prohibited or restricted under federal law.
Firearms charges can arise quickly and unexpectedly, even if your intentions were entirely innocent.
What Happens if You are Charged?
The moment police discover a firearm they may seize it on the spot. You could be:
* Detained or arrested.
* Charged under the Criminal Code.
* Held for a bail hearing.
* Prohibited from owning or possessing firearms.
A conviction could result in a criminal record, heavy fines, and in some cases, jail time. The court also has the authority to impose long-term firearms and weapons bans, even for first-time offenders.
What Are Your Legal Options?
If you have been charged, don’t assume that conviction is inevitable. Many cases hinge on how the firearm was discovered, stored, or linked to you. Your lawyer may be able to argue:
* You lacked knowledge or control (for example, the firearm was not yours and you did not know it was there).
* Police violated your Charter rights during a search or seizure.
* The classification of the firearm as “prohibited” or “restricted” was incorrect.
Each case is different, but with the right legal strategy charges can be reduced or even withdrawn.
Why Legal Advice is Critical:
Canadian firearms law is a maze of regulations. The consequences of a misstep can affect not only your liberty, but also your job, immigration status, and future ability to travel or possess a firearm.
A criminal defence lawyer with experience in firearms cases can help you:
* Understand the charges against you.
* Navigate the bail process and seek your release.
* Challenge the evidence in court.
* Negotiate with Crown prosecutors.
* Avoid or minimize a criminal conviction.
At Shim Law, we believe that a firearms charge does not define you, and we’ll work to ensure it does not follow you for life.
What Should You Do Right Now?
If you have been questioned, detained, or charged in connection with a firearm, time matters. Do not give statements to police without a lawyer. Do not try to explain or justify the presence of a firearm. Simply request legal counsel and say nothing else. Then, contact our office as soon as possible. The earlier we can review your case, the better your chances of a positive outcome.
Take the First Step Towards Your Defence:
At Shim Law, our Calgary-based criminal lawyers have experience defending against all types of firearms-related charges. We understand how Alberta courts handle these cases, and we are ready to stand by your side.
Call us at (587) 391-9580 or request a consultation online. Let us help you protect your freedom, your future, and your reputation.
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