Can you be charged for simply having a weapon in your car in Alberta? Many people are unaware that Canadian weapons laws are strict, and even unintentionally transporting a weapon in your vehicle can lead to serious criminal charges.
Whether it’s a firearm, knife, or other prohibited item, police take weapons offences seriously — and the consequences of a conviction can be severe.
Understanding Alberta’s weapons laws is essential to protecting your rights. If you’ve been charged with a weapons-related offence, a professional weapons offence lawyer in Alberta can help you navigate the legal process, challenge the charges, and protect your future.
In this blog, we’ll explain the laws on carrying weapons in vehicles, the situations where police can charge you, and the legal defences available if you’re facing a weapons offence.
What Are the Laws on Carrying a Weapon in Your Car in Alberta?
In Canada, weapons possession and transportation are governed by the Criminal Code of Canada. Carrying a weapon in your car in Alberta may lead to serious criminal charges under several key sections of the Criminal Code:
- Possession of a Weapon for a Dangerous Purpose (Section 88) – If you possess a weapon with the intent to use it to threaten or harm someone, you could face charges, even if no harm occurs.
- Carrying a Concealed Weapon (Section 90) – If the weapon is hidden or disguised in your vehicle, you could face charges unless you have a valid reason for carrying it.
- Unauthorized Possession of a Firearm (Section 91) – If you possess a firearm without a valid licence or registration, you could be charged with a criminal offence.
There’s an important distinction between firearms and other weapons (such as knives, brass knuckles, or batons). Firearms are subject to stricter storage and transportation requirements under the Firearms Act. A firearm must be stored unloaded, locked, and separated from ammunition while in a vehicle.
Other weapons, like knives or pepper spray, may be legal to possess under certain circumstances but become illegal if carried with the intent to harm or threaten someone.
Even an object not classified as a weapon, such as a baseball bat, could result in charges if the Crown argues that it was intended to be used as a weapon.
When Can You Be Charged for Having a Weapon in Your Car?
You can face criminal charges for having a weapon in your car under several key circumstances:
1. Improper Storage or Transportation
Under the Firearms Act, firearms must be transported in compliance with strict storage and handling rules.
A firearm in your car must be:
- Unloaded
- Secured with a trigger lock or stored in a locked container
- Separated from ammunition
Failure to meet these requirements could lead to charges of careless storage or transportation, even if you had no intent to use the weapon.
2. No Valid Licence
To legally possess a firearm in Alberta, you must have a valid Possession and Acquisition Licence (PAL). If you are caught with a firearm in your vehicle without a valid licence, you could be charged with unauthorized possession, even if the firearm was not used or intended for harm.
Other weapons, such as knives or brass knuckles, may also require a valid permit depending on the circumstances and the weapon type. Without a valid licence or permit, possession becomes a criminal offence.
3. Concealment
Carrying a concealed weapon without proper authorization is illegal under Section 90 of the Criminal Code. If police find a hidden or disguised weapon in your car — even if you weren’t aware it was there — you could be charged with carrying a concealed weapon.
Concealment applies to both firearms and other weapons, such as knives or blunt objects. If the weapon is hidden from view or stored in a way that suggests an intent to conceal, the charge could apply.
4. Intent to Commit a Crime
If the police believe that you were carrying a weapon in your car with the intent to commit a crime — such as robbery or assault — you could face enhanced charges under Section 88 (Possession for a Dangerous Purpose).
Intent can be inferred based on the type of weapon, how it was stored, and any other evidence suggesting a plan to use the weapon for illegal purposes. Even if the weapon was never used, the Crown could argue that possession itself demonstrated criminal intent.
Understanding these legal distinctions is essential to protecting your rights. If you are facing weapons charges related to carrying a weapon in your car, an experienced criminal defence lawyer in Alberta can help build a defence and challenge the charges in court.
What Happens If You’re Charged with a Weapons Offence?
Weapons charges in Alberta carry serious legal and personal consequences. If convicted, you could face fines, probation, and even imprisonment depending on the nature of the offence and whether it involved a firearm or other weapon.
A conviction for weapons-related offences often results in a criminal record, which can impact your ability to secure employment, travel internationally, and obtain professional licences.
For the Crown to secure a conviction, they must prove intent and unlawful possession beyond a reasonable doubt. This includes showing that you knowingly possessed the weapon and intended to use it for an unlawful purpose.
Certain aggravating factors can increase the severity of the charges and penalties, such as:
- Carrying a weapon near a school or public space
- Having a prohibited or restricted firearm without a valid licence
- Previous criminal history involving violence or weapons
An experienced criminal defence lawyer can help you challenge the evidence and protect your rights throughout the legal process.
Legal Defences for Weapons Charges in Alberta
A criminal defence lawyer can challenge weapons charges using several key legal defences:
1. Lack of Intent
If you were unaware that the weapon was in the vehicle, you may have a valid defence. For example, if someone else left the weapon in your car without your knowledge, you could argue that you did not knowingly possess it.
2. Improper Police Procedure
If the weapon was discovered during an unlawful search — for example, without a valid warrant or outside the limits of an authorized search — your lawyer can argue that the evidence was obtained illegally.
Under Section 24(2) of the Canadian Charter, unlawfully obtained evidence can be excluded from trial.
3. Lawful Possession
If you had a valid Possession and Acquisition Licence (PAL) and were transporting the weapon according to the regulations under the Firearms Act, you may be able to argue that you were in lawful possession of the weapon.
4. No Criminal Purpose
Carrying a weapon for self-defence or lawful recreational use may provide a defence if the Crown cannot prove intent to use the weapon for an illegal purpose. For example, transporting a firearm to a shooting range with a valid licence and proper storage may not constitute a criminal act.
An experienced criminal defence lawyer in Alberta can assess the details of your case and develop a tailored defence strategy to challenge the charges and protect your future.
Why You Need a Criminal Defence Lawyer in Alberta
Weapons charges are highly complex and carry serious penalties, including fines, probation, and imprisonment. The legal nuances surrounding weapons possession and search laws make these cases particularly challenging.
An experienced criminal defence lawyer in Alberta can:
- Challenge the legality of the search and seizure – If the weapon was obtained unlawfully, your lawyer can file to have the evidence excluded.
- Challenge the Crown’s evidence and intent claims – The Crown must prove unlawful possession and criminal intent beyond a reasonable doubt.
- Protect your rights under Section 8 of the Canadian Charter – Your lawyer can argue that your right to be free from unreasonable search and seizure was violated.
Protect Your Rights If You’re Facing Weapons Charges
Carrying a weapon in a vehicle can lead to serious charges under the Criminal Code of Canada. Police must follow strict procedures when searching for or seizing a weapon, and any violation of these procedures can be challenged in court.
A skilled defence lawyer like Daryl Royer can challenge the charges, protect your rights, and work to have any unlawfully obtained evidence excluded from trial. He will examine the Crown’s evidence, question the validity of the search, and build a strong defence strategy tailored to your case.
If you’ve been charged with a weapons offence, contact Daryl Royer today for expert legal defence.