Firearms Lawyer in Vernon, BC
Firearms charges carry some of the harshest penalties in the Criminal Code, including mandatory minimum jail sentences for the most serious offences. Julian Van Der Walle defends possession, storage, pointing, and trafficking charges across the Okanagan, Shuswap, and Kootenays. Free consultation.
The Main Firearms Offences Under the Criminal Code
Weapons charges in Canada run from regulatory storage offences to serious trafficking counts. The core provisions are unauthorized possession under Sections 91 and 92, careless use or storage under Section 86, pointing a firearm under Section 87, and weapons trafficking under Sections 99 and 100. The classification of the firearm (non-restricted, restricted, or prohibited) drives the exposure. Julian defends firearms files at the Vernon Law Courts, the Kelowna Law Courts, and across the BC Interior.
Possessing a firearm without a valid licence or registration. Prohibited firearms carry a mandatory minimum of 3 years (first offence) or 5 years (subsequent). Restricted firearms require both a PAL and registration certificate.
Using, carrying, handling, or storing a firearm carelessly. Includes failing to meet Storage, Display and Transportation regulations. Crown Counsel in Vernon frequently charges this alongside other firearms offences.
Intentionally pointing a firearm at another person, loaded or not. Indictable offence carrying a maximum of 5 years. The Crown does not need to prove the firearm was loaded or that you intended to fire.
Transferring, manufacturing, or importing firearms without lawful authority. Among the most seriously prosecuted weapons offences, carrying mandatory minimums of 3-5 years and maximum penalties up to life.
Mandatory Minimums Make Early Defence Work Critical
Firearms charges are treated with particular severity in Canadian criminal law. Several offences carry mandatory minimum jail sentences, which means the usual first-offender alternatives (discharges, conditional sentences) are unavailable once a conviction is entered. That makes the defence work at the front end of the file, before a conviction, far more important than on many other charges.
Most firearms files also start with a search: a traffic stop, a warrant on a residence, or a seizure during an unrelated investigation. That means Section 8 of the Charter is almost always in play, and a successful search challenge can remove the physical evidence the entire prosecution depends on. Julian examines the legality of every search before anything else.
What Sets This Firearms Lawyer in Vernon Apart
Firearms offences trigger mandatory minimums most charges do not. Julian identifies every strategy to avoid them: challenging weapon classification, search legality, and Charter remedies that can exclude evidence.
Julian handles every firearms file himself. You deal directly with your lawyer at every stage, with his complete focus on building the strongest possible defence for your case.
Years at the Vernon Law Courts means Julian understands how local Crown prosecutors approach firearms cases and how RCMP detachments conduct firearms investigations and seizures.
Penalties and Mandatory Minimums Under Sections 91 to 100
Firearms penalties are among the most severe in the Criminal Code, and several carry mandatory minimums.
Unauthorized possession (Sections 91, 92). Possession without a licence or registration. Section 92 (possession knowing it is unauthorized) carries escalating minimums on second and subsequent offences.
Careless use or storage (Section 86). Failing to store, handle, or transport a firearm safely. Hybrid offence, maximum 2 years on a first indictable offence. Often the charge that can be negotiated down from something more serious.
Pointing a firearm (Section 87). Maximum 5 years on indictment.
Possession for a dangerous purpose (Section 88) and possession of a prohibited or restricted firearm with ammunition (Section 95). Section 95 historically carried a mandatory minimum, though the Supreme Court struck down the minimum in R v Nur, 2015 SCC 15. Exposure remains high.
Weapons trafficking (Sections 99, 100). Mandatory minimum of 3 years on a first offence, 5 years on subsequent. Among the most serious weapons charges.
Search, Classification, and Knowledge Defences
Firearms prosecutions depend on search legality, weapon classification, and proof of knowledge. Julian challenges each.
Section 8 search and seizure. The firearm almost always came from a search. If the traffic stop was unlawful, the warrant defective, or the search beyond its scope, the firearm and everything found with it can be excluded under Section 24(2). This is the single most productive defence on weapons files.
Classification. Whether a firearm is non-restricted, restricted, or prohibited determines the charge and the penalty. Classification is a technical question, and Crown must prove it. Barrel length, action type, and capacity all matter and are sometimes wrong on the Crown’s theory.
Knowledge and control. For possession, Crown must prove the accused knew the firearm was present and had control over it. Firearms found in shared vehicles, shared residences, or common areas raise real doubt about knowledge and possession.
Charter challenges to mandatory minimums. Where a mandatory minimum applies, its constitutionality can sometimes be challenged under Section 12 following R v Nur.
Common Questions About Firearms Charges in Vernon
How I solve your criminal case in 3 easy steps:
Confidential Case Assessment
Every case begins with a private, judgment-free consultation. We review the details of your charges, examine disclosure, and discuss your version of events. You’ll receive clear, straightforward guidance about your legal position, potential outcomes, and the best path forward so you can make informed decisions.
Strategic Defence Planning
No two cases are the same, which is why your defence is carefully tailored to your circumstances. We analyze evidence, identify weaknesses in the Crown’s case, explore Charter issues, and develop a focused legal strategy designed to protect your rights and achieve the strongest possible result.
Strong Courtroom Representation
From negotiations to trial, your case is handled with preparation and determination. We advocate firmly on your behalf, challenge evidence where appropriate, and pursue every available legal avenue. Throughout the process, you remain informed, supported, and confident in the defence being presented.
Request a free consultation
Or fill out the form below to receive a free and confidential initial consultation.