Firearm Charges and Penalties

The laws governing firearms are set out in the Criminal Code and the Firearms Act, with charges broken down into various categories. Here are the most common firearmA barrelled weapon capable of firing a projectile that can cause serious injury or death. offences and the penalties associated with each.

Using a Firearm in Commission of an Offence

Even if no one gets hurt, using a firearm or an imitation firearm while committing a criminal act you can be charged with an indictable offence under s.85 of the Code. Using a firearm or imitation firearm in the commission of an offence under s. 85 is indictable only and carries a maximum sentence of 14 years. Section 85 no longer prescribes the former one-year and three-year mandatory minimum sentences. 

Careless Use of Firearm and Contravention of Storage Regulations

Section 86 of the Code makes it a crime to handle a weapon or ammunition in a careless manner or without regard for the safety of others. The same section forbids the unlawful storage, transportation or shipping of a firearm. If the charge is treated by the Crown as an indictable offence, first offenders face up to two years behind bars and up to five years on second or subsequent offences. These charges can be treated as summary convictionLess-serious criminal offences offences with shorter jail terms and/or fines.

According to (Storing, transporting and displaying firearms) from the RCMP, non-restricted firearms must be stored by securing a trigger lock or cable lock or by removing the bolts so the firearms cannot be fired. Another option is to lock the firearms in a secure cabinet, container or room.

If you own restricted weapons, the RCMP says secure locking devices must be attached so the firearms cannot be fired and they must be locked in a cabinet, container or room that is difficult to break into. Other storage options are to lock the firearms in a vault, safe or room that was built or modified specifically to store firearms safely. For automatic firearms, the RCMP says bolts or bolt carriers (if removable) should be locked in a secure separate room.

Non-restricted firearms must be unloaded during transportation. The RCMP recommends they be carried in the trunk or in a similar lockable compartment. If the vehicle does not have a trunk or lockable compartment, They recommend putting "firearms and firearm containers out of sight inside the vehicle and lock the vehicle." You cannot leave any class of firearm in an unattended vehicle.

Pointing a Firearm

Section 87 of the Code states that if you point a firearm at someone "without lawful excuse" you can be charged, even if the weapon is not loaded. Those found guilty of an indictable offenceA more serious type of Canadian criminal offence. could be given a five-year prison term or the charge can be treated as a summary conviction, with reduced penalties.

PossessionHaving knowledge and control of something — not only physically holding it, but also an item kept somewhere else that you know about and control. of Weapon for Dangerous Purposes

Section 88 of the Code allows this charge to be laid if you carry or possess a weapon, an imitation weapon, a prohibited device or ammunition for a purpose that is dangerous to the public peace, or for the purpose of committing an offence. If the charge is treated as an indictable offence, the maximum sentence is 10 years in prison. Lower maximums apply if it is treated as a summary conviction offence.

Carrying a Weapon While Attending a Public Meeting

If you carry a weapon while attending a public meeting, s.89 of the Code states that the offence is punishable by summary conviction.

Carrying a Concealed Weapon

Section 90 of the Code applies to carrying a concealed weapon, prohibited device, or ammunition unless you are authorized under the Firearms Act to carry it concealed. If treated as an indictable offence, the maximum sentence is five years in prison. Lower maximums apply if it is treated as a summary conviction offence.

Unauthorized Possession of Firearm

If you possess a non-restricted firearmInclude most handguns without being properly licensed, or if you possess a prohibited or restricted firearm without the required registration certificate, you could face this charge under s.91 of the Criminal Code. Those convicted by indictment face up to five years in prison. Lower maximums apply on summary conviction.

Exceptions can apply if you are under the direct supervision of a person who may lawfully possess the firearm, or if you came into possession of the firearm by operation of law, such as through an estate. The Code gives a reasonable period to lawfully dispose of the firearm.

Possession of Firearm Knowing its Possession is Unauthorized

Section 92 of the Code makes it an offence to possess a firearm, prohibited weapon, prohibited device, or prohibited ammunition when you know you are not licensed to have it and, for a prohibited or restricted firearm, do not have the required registration certificate. This is always an indictable offence, with a maximum of 10 years in prison.

Possession at Unauthorized Place

If you have a firearm at a place that is not allowed by its authorization papers or by the Firearms Act, you could be charged under s.93 of the Code. Those convicted by indictment could face up to five years in prison. Lower maximums apply on summary conviction.

Unauthorized Possession in Motor Vehicle

Section 94 of the Criminal Code makes it illegal to be in a vehicle if you know there is a firearm inside and no occupant is licensed or registered as required. Those convicted by indictment face up to 10 years in prison. Lower maximums apply on summary conviction. Exceptions apply to people who try to leave the vehicle when it is feasible to do so, people who actually leave the vehicle, and people who came into possession of the firearm by operation of law.

Possession of Prohibited or Restricted Firearm with Ammunition

If you possess a loaded prohibited or restricted firearm, or an unloaded prohibited or restricted firearm with readily accessible ammunition, you can be charged under s.95 if you do not have the required authorization, licence, and registration certificate for that firearm in that place. Those convicted by indictment face up to 14 years in prison. Lower maximums apply on summary conviction.

Possession of Weapon Obtained by Commission of Offence

Section 96 of the Code makes it illegal to possess any firearm, prohibited weapon, restricted weapon, prohibited device, or prohibited ammunition that you know was obtained by committing an offence. Those convicted by indictment face up to 14 years in prison. Lower maximums apply on summary conviction.

Breaking and Entering to Steal a Firearm

If you are found guilty of breaking and entering a place to steal a firearm, s.98 of the Criminal Code states that you have committed an indictable offence and are liable to imprisonment for life. Under the Code, "place" includes residences, vehicles, vessels, and other structures.

Making Automatic Firearm

Section 102 of the Code states you cannot alter a firearm so that it is capable of discharging projectiles in rapid succession with one pull of the trigger. Those found guilty of an indictable offence face a maximum of 10 years in jail and a minimum of one year in jail. This offence can also be treated as a summary conviction with lesser penalties.

Losing or Finding

Section 105 deals with two related duties: what to do if you lose a firearm or prohibited item, and what to do if you find one.

If you lose, or have stolen from you, a prohibited firearm, restricted firearm, non-restricted firearm, prohibited weapon, restricted weapon, prohibited device, prohibited ammunition, or any firearms licence, authorization, or registration certificate, you must report that loss or theft as soon as reasonably possible to a peace officerPeople involved in upholding justice, a firearms officer, or a chief firearms officer.

If you find a prohibited firearm, restricted firearm, non-restricted firearm, prohibited weapon, restricted weapon, prohibited device, or prohibited ammunition that you have reasonable grounds to believe is lost or abandoned, you must act as soon as reasonably possible. You have two options: deliver it to a peace officer, a firearms officer, or a chief firearms officer, or report the finding to one of them. You do not have to physically hand it over. Reporting the find to an officer satisfies the obligation.

Failure to comply with either duty is an offence. If convicted on indictment, you face up to five years in prison. If dealt with as a summary conviction, the maximum is two years less a day and/or a fine of up to $5,000.

This page is not a single Criminal Code offence. It explains a legal concept or group of related sections. Specific charges, penalties, and defences depend on the section involved.

Some firearm offences still have mandatory minimum sentences in the Criminal Code. This page summarizes the Criminal Code wording. Some mandatory minimums have been challenged under the Charter, and a lawyer can advise how the law may apply in a specific case.

Some firearm offences still carry mandatory minimum sentences, including certain weapons-trafficking, automatic-firearm, and firearm-discharge offences. This overview flags those areas, but the exact penalty depends on the specific Criminal Code section.

The Criminal Code deals with firearms and other weapons through many separate sections. The main groups:

• Possession and unauthorized possession — unauthorized possession (s. 91, maximum 5 years by indictment); knowing unauthorized possession (s. 92, treated more seriously); possession of a prohibited or restricted firearm with accessible ammunition (s. 95, maximum 14 years by indictment); possession at an unauthorized place (s. 93) and related offences.
• Careless use, storage, and handling — careless use or storage (s. 86) and pointing a firearm (s. 87).
• Concealed or dangerous carrying — carrying a concealed weapon (s. 90, maximum 5 years by indictment); possession of a weapon for a purpose dangerous to the public peace (s. 88); carrying a weapon while attending a public meeting (s. 89).
• Trafficking and possession for trafficking — ss. 99 and 100: where the object is a firearm, prohibited device, firearm part, or ammunition, the maximum is 14 years with a mandatory minimum of 3 years (first offence) or 5 years (second or subsequent offence); in any other case, the maximum is 14 years with no mandatory minimum. Importing and exporting are covered by ss. 103 and 104.
• Making automatic firearms — s. 102 (maximum 10 years; mandatory minimum 1 year).
• Theft and robbery involving firearms — breaking and entering to steal a firearm (s. 98) and robbery to steal a firearm (s. 98.1, maximum life imprisonment).
• Prohibition-order breaches — possession contrary to a prohibition order (s. 117.01); prohibition orders themselves are made under ss. 109–110.
• Using or discharging firearms — using a firearm in the commission of an offence (s. 85, maximum 14 years); discharging a firearm with intent (s. 244) and reckless discharge (s. 244.2), each with a maximum of 14 years and, in the circumstances the sections describe, mandatory minimums of 5 years (first offence) or 7 years (second or subsequent offence).