Carrying a Concealed Weapon

Carrying a Concealed Weapon

The offence of carrying a concealed weapon is outlined in section 90(1) of the Criminal Code.

A person commits the offence of carrying a concealed weapon when they have, hidden within reach or on them, a weapon, prohibited device, or any prohibited ammunition.

Examples

Person A carries a long knife in their jacket’s vest pocket as they walk around downtown.

Person B hides a loaded handgun under the seat of their car as they drive around the city.

Person C keeps a sharp piece of glass tucked in their sock wherever they go, to use as a weapon if needed.

Cases

v. Kheder, 2019 ONSC 5562

In R. v. Kheder, the accused was charged with one count of carrying a concealed weapon after withdrawing a small blade from inside the front of his pants.

v. Johnson, 2013 ONSC 2360

In R. v. Johnson, the accused was found guilty of one count of carrying a concealed weapon after a gun was found tucked into the waistband of his pants, against his back.

v. Ali, 2012 ONSC 7013

In R. v. Ali, the accused pled guilty to one count of carrying a concealed weapon after police located a Sig Sauer .22 calibre handgun in the front of his pants tucked into his underwear.

Offence Specific Defence(s)

Authorized to Carry

The Firearms Act allows people to apply for a licence authorizing them to carry certain types of firearms in specific manners and places. Individuals with these licences will not be committing the offence of carrying a concealed weapon when carrying the firearm in the manner and place licenced, when carrying it to protect their life or someone else’s, or when carrying it in connection with their job.

Definition of Weapon

If the person is in possession of an object that does not fall under the Criminal Code’s definition of a firearm, weapon, prohibited device or prohibited ammunition then they have not committed the offence of carrying a concealed weapon.