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Charges · Weapons and firearms charges · Alberta

What happens after a weapons charge in Alberta?

What it means, what usually happens next, and what to bring to the first call.

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By Ali Sheikh, Remandly (founder, not a lawyer) · Published under a standard reviewed by an Ontario-licensed criminal lawyer, called to the bar in 2017. Alberta procedure can differ.

Last reviewed September 22, 2026 · Updated October 16, 2026

In short

  • Many firearm charges reverse the usual bail rule: the person may have to show why they should be released, rather than the Crown showing why not.
  • In Alberta, a person held on a weapons charge sees a justice of the peace by video or phone, with a Crown Bail Office prosecutor appearing.
  • A bail hearing usually comes first when the person is held; firearm cases are often held for one.

What usually happens next

  1. Step 1

    Arrest and the station You have the right to talk to a lawyer in private. You do not have to answer police questions.

  2. Step 2

    Police decide Police can release you with conditions and a court date, or hold you for a bail hearing.

What should you bring to the first call?

How it works in Alberta

Which court hears it in Alberta

Alberta weapons charges are heard in the Alberta Court of Justice. Calgary in-custody matters go to courtroom 305 of the Calgary Courts Centre on weekday mornings; Edmonton’s in-custody docket is courtroom 265.

Bail in Alberta

Someone held on a weapons charge in Alberta appears by video or teleconference before a justice of the peace, and a prosecutor from the Crown Bail Office makes the Crown’s case on release. Before that hearing, Alberta says, the person may talk to a lawyer.

Programs and diversion in Alberta

ALERT (Alberta Law Enforcement Response Teams) brings together Alberta’s integrated policing units to tackle serious and organized crime. The Alberta Crown Prosecution Service’s Appeals and Specialized Prosecutions branch lists organized crime among its responsibilities.

The local process in Alberta

In Alberta the Crown proceeds with a weapons case when it judges conviction reasonably likely and prosecution in the public interest. Legal Aid Alberta may take the case where jail is likely; its 24/7 duty counsel number is posted in every police station.

What do people ask about weapons and firearms charges?

Do I have to talk to the police?

No - a person does not have to answer police questions, and anyone arrested or detained has the right to speak to a lawyer, and police must tell them that.

What is the maximum penalty for a weapons charge?

Under s. 88 of the Criminal Code, carrying or possessing a weapon for a purpose dangerous to the public peace can be prosecuted by indictment, up to ten years, or summarily. Possessing a firearm without the required licence (s. 91) is up to five years by indictment, or summary.

Sources

Alberta sources

Federal law sources

Free 24/7 criminal law information · not legal advice. Legal Aid Alberta: 1-866-845-3425

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