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Charges · Weapons and firearms charges · Ontario

What happens after a weapons charge in Ontario?

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.

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 Ontario, the Crown’s firearms directive says the prosecutor must seek detention in all cases involving firearms, absent exceptional circumstances.
  • 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 Ontario

Which court hears it in Ontario

An Ontario weapons or firearms charge starts in the Ontario Court of Justice. The Crown’s firearms directive (D. 14) says some firearms offences are so serious and inherently dangerous that they warrant proceeding by indictment.

Bail in Ontario

Ontario’s D. 14 says protection of the public is the paramount consideration from release to sentencing, and that in all cases involving firearms the prosecutor must seek a detention order, absent exceptional circumstances.

Programs and diversion in Ontario

Under D. 14, an Ontario prosecutor may not, without approval, reduce or withdraw a firearm charge to avoid a mandatory minimum term. For youth, offences involving firearms are never eligible for extrajudicial sanctions in Ontario.

The local process in Ontario

Ontario’s directive notes that the Chief Firearms Officer has independent statutory authority and discretion under the Firearms Act. Weapons prohibitions and forfeiture have their own Crown directive (D. 37).

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

Federal law sources

Free 24/7 criminal law information · not legal advice. Legal Aid Ontario: 1-800-668-8258

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