Concealing a weapon can lead to a five-year prison sentence

By LegalMatters Staff • Civilians are not allowed to carry concealed weapons in Canada or to have them accessible in a vehicle they control.

A person found with a concealed weapon could be charged under s.90 (1) of the Criminal Code. It states, “Every person commits an offence who carries a weapon, a prohibited device or any prohibited ammunition concealed, unless the person is authorized under the Firearms Act to carry it concealed.”

“A guilty conviction could result in a five-year prison term if the charge is treated as an indictable offence,” says Ottawa criminal lawyer Céline Dostalere. “Lesser penalties are given if the charge is prosecuted as a summary conviction.

She explains the Firearms Act lists three groups of citizens who can also carry firearms. They are:

  • Security guards who handle or transport cash or other valuable commodities.
  • Those who work in remote wilderness areas where firearms are required for protection against wild animals.”
  • Licenced trappers. Members of all the last two groups must have a Possession and Acquisition Licence as well as provincial hunter accreditation.

“A 1993 Supreme Court of Canada judgment sums up why concealed weapons are considered a threat to the public,” says Dostaler.

She explains it states, “There is something extremely menacing and intimidating about the presence of a naked weapon. There is something even more sinister in the presence of a concealed weapon.”

“It goes on to say that Canadians are satisfied with the security provided by our regulation of firearms,” Dostaler says.