Weapons & Firearms Offences Alberta

The Crown Prosecutor must prove that you not only possessed the weapon but also intended to disturb the peace. If you were too intoxicated to form the specific intent acquired to commit the full offence, you may not be convicted.

In some courts, the possession of a weapon for self-defence does not necessitate an offence of possession for the purpose of endangering the public. However, some trial judges may draw the opposite conclusion. The answer to this question depends entirely on the circumstances leading to the charge.

Firearms and other illegal objects, such as brass knuckles and crossbows, constitute weapons in the eyes of the law. Other items, such as pocket knives or hunting knives, are considered weapons if they are used or designed to be used to cause injury or death.

If you legally own a weapon, a charge can arise from allegations that you deliberately deviated from the care required of you to ensure the people around you are safe. You can defend against this charge by proving that you took all necessary precautions or that you couldn’t have known that your use of the weapon could cause danger to those nearby.

Also, if the search leading to the weapons charge was conducted illegally, you can argue that the evidence is inadmissible at trial.