Weapons offences include a wide range of criminal offences including, but not limited to carrying a concealed weapon, weapon trafficking, weapon production, assault with a weapon, and uttering threats with a weapon. The Criminal Code of Canada contains details on the list of currently prohibited and restricted weapons.
However, these weapons are not the only ones that can be used to commit weapons offences. The Criminal Code defines a weapon as any item or object that can be used to threaten, intimidate, injure, maim, harm, or kill another person. As such, weapons are not limited to just various forms of firearms and knives, but could also include:
Glass Objects – Vases, Dishes, Drinking Glasses, etc.
Articles of Clothing – Belts, Neck Tiles, Shirts, Boots, Shoe Laces, etc.
Tools – Hammers, Screw Drivers, Nail Guns, etc.
Toy and Replica Weapons
Bows and Crossbows
Rope and String
Flammable Liquids and Fluids
Weapons offences can be rather complex based on the circumstances surrounding the case. It is important to obtain sound legal advice from a weapons offences in lawyer in Brampton at Manbir Sodhi Law. There are various ways to develop effective defence strategies to fight the charges and obtain the most appropriate successful outcome possible.
Why Do Weapons Include Objects Besides Firearms and Knives?
The reason the Criminal Code broadly defines weapons is to ensure that when other objects are used as a weapon, the person using them can be charged with the appropriate weapons offence. For instance, you get into an argument with your boss because they promoted a coworker over you, after reassuring you that you would be promoted. During the argument, you pick up a paper weight and hit your boss in the head with it. The paper weight has now become a weapon.
Essentially, any object that is used to main, injure, or even kill another person can become a weapon. For example, you get mad at your spouse for cheating on you and hit them with your car. Your car is now considered a weapon.
What Is Weapon Trafficking?
Weapon trafficking is distributing weapons to others with the knowledge that doing so is illegal. This offence can include the import and export of weapons to and from foreign countries. In order to be charged with trafficking, one merely just needs to distribute the weapons. There does not need to be an exchange of cash or other property of value.
While weapon trafficking normally involved large-scale illegal operations, there are cases where individuals can be charged for this offence. For instance, you find a gun that was discarded next to a dumpster. You pick it up and take it home. After inspecting and cleaning the gun, you decide to sell it to someone else, which would be considered weapon trafficking.
What Is Weapon Production?
Weapon production is manufacturing, building or altering weapons. This offence could include making pipe bombs, explosive devices, sawing off a shotgun, or even printing a gun on a 3D printer.
What Is Assault with a Weapon?
This offence is a type of assault offence. It is where someone knowingly uses or threatens to use a weapon against another without their consent with the intention to injure, maim, or harm them in some manner, through the application of force or threatened use of force.
For example, you are out with friends and have a bit too much to drink. Someone bumps into you and spills your drink. You pull a knife out of your pocket and wave it their direction while threatening to use it on them unless they buy you another drink. You have just committed assault with a weapon.
The key thing with assault with a weapon offences, as well as all assault offences is the lack of consent. As such, there are certain situations where consent can be given and a crime would not be committed. For instance, you are playing hockey and during a heated exchange on the ice you hit another player on the opposing team with your stick. While there would be a penalty for doing so, it is not a crime.
Consequences of Being Convicted and Found Guilty
Weapons offences carry some of the harshest punishments and lengthy imprisonment periods. If you have been arrested and charged with a weapons offence, you need to speak to our criminal defence lawyer in Brampton at Manbir Sodhi Law immediately for a FREE consultation to find out potential defences to the charges.