Charged With Weapons Possession in Quebec? What Happens Next

What a weapons possession charge means

“Weapons possession” is not one single offence. It is a group of related offences in sections 88 to 92 of the Criminal Code. The exact section you are charged under matters a great deal, because each one has different elements and penalties. Your charging document (called the information) will list it.

Whether you were arrested in Montreal, Quebec City, Laval or anywhere else in Quebec, the same federal Criminal Code applies. You are presumed innocent unless the Crown proves every element of the offence beyond a reasonable doubt.

The Criminal Code defines a weapon broadly: anything used, designed to be used or intended for use to cause death or injury, or to threaten or intimidate someone. A firearm is always a weapon. An everyday object, such as a kitchen knife or a bat, can become a weapon depending on why you had it. Some items, such as certain automatically opening knives, brass knuckles and pepper spray designed for use on people, are classified as prohibited weapons by regulation.

The main sections

• Section 88 – possession for a dangerous purpose: carrying or possessing a weapon, an imitation, a prohibited device or ammunition for a purpose dangerous to the public peace or to commit an offence. The Crown must prove you knowingly possessed the item and had that dangerous purpose at the time.
• Section 89 – weapon at a public meeting: carrying a weapon, prohibited device or ammunition while attending or on the way to a public meeting, without lawful excuse.
• Section 90 – carrying a concealed weapon: knowingly carrying a weapon, prohibited device or prohibited ammunition concealed, unless you are authorized under the Firearms Act to carry it that way.
• Section 91 – unauthorized possession: possessing a firearm without a licence (and, for restricted or prohibited firearms, without a registration certificate), or a prohibited or restricted weapon, prohibited device or prohibited ammunition without a licence.
• Section 92 – possession knowing it is unauthorized: the same conduct as section 91, but where the Crown proves you knew you were not authorized.

Possession means knowledge plus control. You can be found to possess something in a car, a bag or a home if you knew it was there and had some control over it, and more than one person can possess the same item.

Sections 88, 90 and 91 are hybrid offences: the Crown chooses to proceed summarily (less serious) or by indictment (more serious). Section 89 is summary only. Section 92 is indictable only. For a national overview, see our guide to possession of weapons charges.

What happens after a weapons charge in Quebec

Arrest and release

After an arrest, police may release you with an appearance notice or an undertaking (a written promise to go to court and follow certain conditions). If they keep you in custody, you must be brought before a justice for a bail hearing, normally within 24 hours. A justice may then release you on a release order, with or without conditions.

In weapons cases, common conditions include not possessing any weapons or firearms, surrendering any firearms, licences and authorizations, no contact with named people, staying away from certain places, and sometimes a curfew. Breaking a condition is a separate criminal offence, so follow them exactly until a court changes them.

In some situations, for example if you were already under a weapons prohibition order or have certain prior convictions, the law puts the burden on you to show why you should be released (a reverse onus). Bail rules for weapons and violent offences have been tightened in recent years, and further changes have been proposed, so a lawyer should check the rules that apply on your date.

Who decides on charges in Quebec

In Quebec, police do not lay criminal charges on their own. They send a report to the Directeur des poursuites criminelles et pénales (DPCP), and a DPCP prosecutor (the Crown) decides whether to authorize charges and which ones. This means you may be released first and only later receive a summons or notice telling you what charges were authorized.

First appearance

Most weapons cases start in the Court of Québec (Criminal and Penal Division). The first appearance is usually short: the charge is confirmed, disclosure is requested and the case is put over to a later date. A lawyer can often appear for you. You have the right to have your trial in French or in English.

Disclosure

Disclosure is the Crown’s legal duty to give you the relevant evidence it has: police notes, video, witness statements, search details and any firearms or expert reports. Your lawyer reviews it before you make any decisions.

The Crown’s election and your choices

For hybrid offences, the Crown elects to proceed summarily or by indictment. A summary case stays in the Court of Québec. If the Crown proceeds by indictment (or the charge is section 92), you may usually choose a trial before a Court of Québec judge, a Superior Court judge alone, or a Superior Court judge and jury. Since 2019, preliminary inquiries are only available for offences with a maximum of 14 years or more, so they are generally not available for these charges.

Resolution or trial

Cases can end in several ways: the Crown may withdraw or stay the charge, offer alternative measures (sometimes called diversion) in suitable cases, agree to a peace bond (a court order to keep the peace, with no criminal record), accept a plea to a different charge, or go to trial. Which options exist depends on the facts and on the Crown’s assessment.

Typical timeline

Simple cases may take several months; cases involving firearms analysis or several accused can take longer. Under the Supreme Court’s Jordan ceilings, a case should generally be completed within 18 months in provincial court and 30 months in superior court, not counting delay caused by the defence. Unreasonable delay can lead to a stay of proceedings.

Possible penalties

What sentences can look like in practice

Maximums are reserved for the most serious cases. Because none of these offences has a mandatory minimum, a judge can consider the full range:

• Absolute or conditional discharge: you are found guilty but no conviction is registered. A conditional discharge comes with probation conditions; if you complete them, the discharge becomes absolute.
• Fine, alone or with probation.
• Suspended sentence and probation, with conditions such as reporting, counselling or not possessing weapons.
• Conditional sentence: a jail term of less than two years served in the community, often with house arrest. Bill C-5 (2022) widened access to conditional sentences.
• Jail, more likely where a loaded firearm, a dangerous purpose or a prior record is involved.

A judge may also, and in some situations must, impose a weapons prohibition order, and the item is usually forfeited. Factors that matter include the type of weapon (a loaded firearm is treated far more seriously than a pocket knife), why you had it, where you were, whether anyone was threatened, your record, your personal circumstances, and whether you accepted responsibility.

Other consequences in Quebec

• Criminal record: a conviction creates a record. The Parole Board of Canada may grant a record suspension (formerly a pardon) after waiting periods that start once your sentence is complete: 5 years for summary offences and 10 years for indictable offences. Discharges are generally removed from the federal record after 1 year (absolute) or 3 years (conditional).
• Travel to the US: US border officers have broad discretion, and a weapons charge or conviction can cause delays or refusals. Get advice before travelling.
• Immigration: because sections 88 and 92 carry a 10-year maximum, a conviction can count as “serious criminality” for permanent residents and foreign nationals, even if the Crown proceeded summarily. Speak to an immigration lawyer before any plea.
• Firearms licence: a charge or conviction can lead to refusal or revocation of a firearms licence.
• Employment: jobs requiring security clearance, bonding or work with vulnerable people may be affected.

Common defences and issues a lawyer will look at

• Was it a “weapon”? For ordinary objects, the Crown often has to prove you intended to use it to injure or intimidate.
• Knowledge and control: items found in shared cars, rooms or bags raise real questions about who knew and who controlled them.
• Purpose (s. 88): the Crown must prove a dangerous purpose; having an item for work, sport or self-protection in specific circumstances is analyzed carefully.
• Concealment (s. 90): the Crown must prove you knowingly concealed it.
• Authorization (ss. 91 and 92): licences, registration and exemptions; firearm classifications have changed several times in recent years, so classification can be technical.
• Charter rights: whether a search of you, your car or your home was lawful (s. 8), whether a street or traffic stop was an arbitrary detention (s. 9), and whether police let you speak to a lawyer without delay (s. 10(b)). Evidence obtained in breach of the Charter may be excluded.

How common is this charge in Quebec?

According to Statistics Canada police-reported data (table 35-10-0177, “possession of weapons”), Quebec recorded a rate of 20.8 incidents per 100,000 people in 2025, with 1,884 incidents and 1,231 persons charged. The Canadian rate was 50.06, so Quebec’s rate is well under half the national figure.

In 2024, Quebec’s rate was 21.6, the highest of the past decade, with 1,943 incidents and 1,297 persons charged (Canada: 50.57). The rate fell from 16.18 in 2016 to a low of 13.68 in 2020, then rose each year to 2024 before easing slightly in 2025. The number of persons charged nearly doubled between 2016 (682) and 2025 (1,231). Explore more on our Quebec crime statistics page and follow cases on Quebec crime news.

If you are the victim or complainant

Many weapons charges have no direct victim, but sometimes a person was threatened or intimidated. If you are in danger, call emergency services. You can report to police, who investigate and send a report to the DPCP; a DPCP prosecutor decides whether to authorize charges. The prosecutor represents the public, not you personally, but you can ask to be kept informed and may give a victim impact statement at sentencing.

CAVAC centres offer support, information and accompaniment through the court process. You may also be able to apply for compensation through IVAC; eligibility depends on your situation.

If the accused is released, the court often imposes no-contact and weapons conditions. Tell police if they are breached. Even without a charge or conviction, you can ask a court for a peace bond under section 810 if you reasonably fear for your safety; it can include no-contact and weapons conditions. You can also get your own independent legal advice.

When to speak with a lawyer

Speak to a criminal defence lawyer as early as possible: ideally before you give any statement to police, and before your first appearance. You have the right to remain silent and the right to counsel. A lawyer can help with release conditions, review disclosure, assess Charter issues and explain the impact on your record, immigration status or firearms licence.

If cost is a concern, the Commission des services juridiques (aide juridique) provides legal aid to people who qualify financially and depending on the type of case.

People charged can request a free, confidential first consultation through Crime Canada with an independent criminal defence lawyer here, and victims can request one here.

This guide is general information about the law in Quebec and Canada, not legal advice. Every case depends on its facts; speak to a lawyer about your situation.

Frequently asked questions

Do I need a weapons possession lawyer in Quebec?

It is strongly recommended. Weapons charges can carry jail, a criminal record, weapons prohibitions and immigration consequences. A criminal defence lawyer can review disclosure, challenge searches under the Charter, negotiate with the DPCP prosecutor and help with bail conditions. If you cannot afford one, check whether you qualify for aide juridique through the Commission des services juridiques. Crime Canada can also connect you with an independent lawyer for a free, confidential first consultation.

Is carrying a knife illegal in Quebec?

Not automatically. Many knives are legal to own. A knife can lead to charges if it is a prohibited weapon, such as certain automatically opening knives, if you carry it concealed as a weapon, or if you have it for a dangerous purpose or intend to use it to injure or intimidate. The same federal Criminal Code applies in Montreal, Quebec City, Laval and across Quebec. Context and intent matter a great deal.

Will I go to jail for weapons possession in Quebec?

Not necessarily. Sections 88 to 92 currently have no mandatory minimum sentences, so outcomes can range from a discharge or fine to probation, a conditional sentence or jail. Judges look at the type of weapon, why you had it, where you were, whether anyone was threatened and your record. Cases involving loaded firearms or a dangerous purpose are treated much more seriously.

Who decides whether I am charged with a weapons offence in Quebec?

In Quebec, police send their report to the Directeur des poursuites criminelles et pénales (DPCP), and a DPCP prosecutor decides whether to authorize charges and which sections apply. This is why some people are released after an arrest and only later receive a summons. The prosecutor can also later withdraw charges or agree to alternatives such as a peace bond, depending on the evidence.

Can I get a discharge for a weapons charge?

It is possible. Because sections 88 to 92 have no mandatory minimum and a maximum of 10 years or less, a judge may grant an absolute or conditional discharge if it is in your best interests and not contrary to the public interest. You are found guilty but no conviction is registered. Whether a discharge is realistic depends heavily on the facts and your background.

Will a weapons conviction affect my immigration status?

It can. Sections 88 and 92 carry a 10-year maximum, so a conviction can be treated as serious criminality under immigration law for permanent residents and foreign nationals, even if the Crown proceeded summarily. That can affect status, applications and removal. Before entering any plea, speak to both a criminal defence lawyer and an immigration lawyer.

How long does a weapons case take in Quebec courts?

Simple cases may be resolved in a few months, while cases with firearms testing, several accused or a trial can take longer. Under the Jordan ceilings, cases should generally finish within 18 months in the Court of Québec and 30 months in the Superior Court, excluding defence-caused delay. Unreasonable delay can lead to a stay of proceedings.