New Brunswick Weapons Charge Lawyers

Most weapons files in New Brunswick involve hunters’ long guns that were legal until a licence or storage detail lapsed. Police attend a home for an unrelated call, see a rifle where it should not be, and the charge is careless storage under s. 86 or unauthorized possession under s. 91 of the Criminal Code. A New Brunswick weapons charge lawyer at this firm defends those files, and the street-level ones, from the Provincial Court to the Court of King’s Bench.

Storage and Licensing Charges Usually Start with a Visit About Something Else

The pattern repeats across the province. Officers come to the door for a wellness check, a domestic call or a neighbour complaint, and leave with the firearms and a charge. What they saw, why they were inside, and whether the seizure respected the Charter are the first questions on every one of these files, and suppression of the search is a complete answer to most of them.

The Crown Must Prove Knowledge and Control, Not Proximity

A rifle in a camp shared by four hunters, a shotgun in a farm truck, ammunition in a basement the accused does not live in: possession requires proof that this accused knew the item was there and had control over it. In a shared household or hunting camp the Crown often cannot prove which person that was, and that doubt acquits. The quickest way for the Crown to fill the gap is a statement from the accused about whose guns they are, which is exactly why no such statement is given before advice.

Sentences Range From a Discharge to Ten Years, and the Order Matters More

Careless storage under s. 86 carries up to two years for a first offence on indictment. Possession of a firearm knowing it is unauthorized under s. 92 and possession contrary to a prohibition order under s. 117.01 carry up to ten. Alongside any sentence sits the prohibition order under s. 109 or s. 110 and forfeiture of the guns. For someone who hunts for the freezer or works with firearms, the order is the real penalty, and resisting or shortening it is a distinct piece of the defence.

Indictable Charges Carry an Election to the Court of King’s Bench

Summary matters stay in the Provincial Court of New Brunswick. On the indictable firearms counts the accused elects Provincial Court, Court of King’s Bench judge alone, or King’s Bench with a jury, and the election waits for disclosure. Bail on weapons files routinely includes surrender of licences and firearms, and those terms are argued at the first appearance, not accepted by default.

An Honest Licensing Mistake Is Still an Offence, and It Is Still Defensible

An expired possession and acquisition licence or an inherited rifle never transferred is chargeable without any wrongful intent. Crown discretion is real on these files. Compliance since the charge, safe storage corrected, the licence renewed: packaged properly, that record supports withdrawal, alternative measures under New Brunswick Crown policy where the file is eligible, or a discharge. The New Brunswick Legal Aid Services Commission covers criminal matters for those who qualify.

After the Charge, the File Runs Through Fingerprints, Disclosure and the Election

Weapons charges bring fingerprinting, a first appearance where nothing is decided, and disclosure that includes the officers’ notes on how they came to be in the home or the vehicle. The Charter argument is based on those notes, so no election and no resolution position is taken until they are read.

Police Seized My Rifles During a Domestic Call. Do I Get Them Back?

Not automatically. Return depends on how the charge resolves and whether any prohibition order issues. An outcome short of conviction, and an order avoided, is the path back to them, which is a reason not to plead early just to be done.

My Licence Expired. Do I Need a New Brunswick Weapons Charge Lawyer?

That is the classic s. 91 file. It is an offence, but withdrawal, alternative measures and discharges all exist for exactly this file, and the first job of a New Brunswick weapons charge lawyer is to pursue one before a plea is entered.

The overview of these charges is at weapons charge lawyers, the frequent companion charge at New Brunswick assault lawyers. Contact the firm before making any statement about the guns.