Self defence with an illegal weapon
<p>First off I’d like to say this is just a hypothetical question that I thought of today. </p>

<p>This following scenario is to be taking place in Canada. Let’s say a guy is at his house on his private property. He’s downstairs on the main floor when someone tries to break into his house. The guy kicks down the door and has a knife in his hand. The owner of the house carries around with him an illegal hand gun which he uses to shoot which kills the person who broke into his house.</p>

<p>My understanding is that because it’s on his private property and because he felt in danger for his life that it wouldn’t have been using excessive force and it would be self defence. Very quickly the police would realize that the firearm he used to shoot and kill person was illegal in Canada. </p>

<p>Would the man end up not getting charged with anything, or because it was with an illegal weapon would it become murder or something similar. I’m also assuming he’d get charged with a crime for having the illegal gun. Is that correct or wrong??</p>

<p>Thanks in advance </p>

<p>They may be charged independently with unauthorized possession of a restricted or prohibited firearm (<a href="https://laws-lois.justice.gc.ca/eng/acts/c-46/section-95.html" rel="nofollow noreferrer">s. 95 of the <em>Criminal Code</em></a>).</p>
<p><em>R. v. Dockerill</em>, <a href="https://canlii.ca/t/g2r9p" rel="nofollow noreferrer">2013 BCSC 2429</a>:</p>
<blockquote>
<p>[2] Mr. Dockerill, <strong>you are to be sentenced for your offence of unauthorized possession of a restricted firearm</strong>, namely a 9 mm semi‑automatic pistol, that either was loaded or was unloaded with readily‑accessible ammunition for it also in your possession (contrary to s. 95(1) of the Criminal Code).</p>
<p>[3]           You used the pistol to kill John Borden in a gunfight on May 25, 2010, in the parking lot outside the business premises where Mr. Borden lived on Wilgress Road here in Nanaimo.  The circumstances of the offence are described in my reasons for judgment after the trial (2013 BCSC 1454).</p>
<p>[4]           <strong>You were originally charged with murder as well.  However, the Crown dropped that charge in July 2012, when it accepted that you used the pistol in self‑defence.</strong>  The Crown accepted that Mr. Borden had opened fire on you with a .44 magnum revolver when you arrived with your friend Dylan Ambrus to collect some money.</p>
</blockquote>

canada self-defense weapons