Under Section 108 of the Criminal Code of Canada, altering, defacing, or removing a serial number on a firearm is a hybrid offence. If you are caught in possession of a firearm with a defaced serial number, the law creates a presumption of knowledge of the defacement rather than physical alteration, carrying a maximum penalty of up to five years in prison if prosecuted by indictment.
Canada has some of the strictest federal firearms regulations in the world. The Royal Canadian Mounted Police (RCMP) relies heavily on serial numbers to track the legal sale, transfer, and ownership of weapons across the country. When a serial number is scratched off or filed down, it is almost always done to hide the weapon’s history, usually because it was stolen or used in a previous crime. Because of this, the federal government treats any tampering with a firearm’s identification marks as a major threat to public safety.
Many people who purchase firearms on the private market may not realize they are buying a weapon with an altered serial number until it is too late. 👮 Unfortunately, Canadian law places the burden heavily on the person holding the gun. Under the Criminal Code, if the police find a defaced weapon in your possession, there is a legal presumption that you knew the serial number was altered or defaced. Understanding how this federal law operates, and how a criminal defence law firm can help you challenge this presumption of knowledge, is absolutely critical to protecting your freedom.
Step-by-Step Process in Canada: Facing a Section 108 Charge
Whether you are arrested in Toronto, Calgary, or Vancouver, firearms offences fall under the federal Criminal Code and are prosecuted aggressively by the Crown. Navigating the Canadian justice system requires a clear understanding of the steps involved in a weapons charge.
Step 1: Arrest and Seizure of the Firearm
The process usually begins when local police or the RCMP execute a search warrant or conduct a traffic stop. If they locate a firearm, they will immediately inspect the receiver and barrel for a valid serial number. If the number is scratched, obscured, or missing entirely, the weapon will be seized as evidence. You will be arrested and likely charged with unauthorized possession of a firearm, alongside the specific charge of altering a serial number under Section 108.
Step 2: The Bail Hearing
Because firearms offences are considered highly dangerous, you will typically be held in custody pending a formal bail hearing at the local Provincial Court. 📜 The Crown prosecutor will often argue against your release, citing public safety concerns. A skilled criminal defence lawyer must demonstrate that you are not a flight risk and do not pose a danger to the community. If granted bail, you will face extremely strict conditions, including an absolute ban on possessing any weapons.
Step 3: Challenging the Legal Presumption
This is the most critical phase of your defence. Under Section 108(4) of the Criminal Code, there is a legal presumption that if you are found in possession of a firearm with an obliterated serial number, you knew that the serial number was altered, defaced, or removed. Your law firm must work to rebut this presumption of knowledge. This involves gathering evidence to prove that you did not know the number had been tampered with, or proving that the police conducted an unlawful search that violated your Charter rights, rendering the firearm inadmissible as evidence.
Step 4: Trial at the Court
Serious firearms charges are often elevated to a higher court, such as the Superior Court of Justice in Ontario, the Supreme Court in British Columbia, or the Court of King’s Bench in Alberta and Manitoba. During the trial, the Crown will present forensic evidence showing how the metal was filed or stamped over. Your lawyer will cross-examine the police officers and present your defence. If the judge or jury finds that you did not alter the number and did not know it was altered, you may be acquitted of the Section 108 charge, though you may still face possession charges if you did not have a valid licence.
How Much Does Legal Defence Cost in Canada?
Defending against a serious firearms charge is highly complex and requires significant financial resources.
| Legal Service | Estimated Cost (CAD) | Details |
|---|---|---|
| Bail Hearing Representation | $1,500 – $3,500 | Securing your release from custody shortly after an arrest. |
| Pre-Trial Negotiations & Reviews | $3,000 – $7,000 | Reviewing police disclosure and negotiating with the Crown. |
| Full Superior Court Trial | $15,000 – $40,000+ | The total cost of running a multi-day trial with a senior criminal lawyer. |
How Long Does the Process Take?
The criminal justice system moves slowly. From the date of your arrest to the final verdict at a Superior Court, a firearms trial can take anywhere from 12 to 24 months. During this entire period, you will be subject to strict bail conditions, which may impact your ability to travel, work, or associate with certain individuals.
Frequently Asked Questions (FAQ)
Is altering a serial number an indictable offence?
No, it is a hybrid offence. Under Section 108 of the Criminal Code, the Crown has the choice to prosecute the offence as an indictable offence (carrying a maximum penalty of five years in prison) or as a summary conviction offence.
What if the serial number wore off naturally?
If a serial number has naturally faded due to decades of wear and tear, rust, or historical age, it is not considered an intentional “alteration.” However, you will likely need a firearms expert to testify in court to prove the degradation was natural and not deliberate.
Can I register a gun if it has no serial number?
If you legally inherit or find a very old antique firearm that was manufactured before serial numbers were mandatory, the RCMP’s Canadian Firearms Program can sometimes issue a specialized sticker or instruct a gunsmith to apply a new serial number so it can be legally registered.
Do these rules apply to airsoft or pellet guns?
It depends on the velocity of the projectile. If a pellet gun shoots above 500 feet per second and 5.7 Joules, it is legally classified as a firearm in Canada, meaning Section 108 regarding serial numbers applies fully.
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