Firearm Charges and Penalties Laws in Canada

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. First offenders will be given a sentence ranging from one year in jail to 14 years in prison. 

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 convictionUsed for lesser 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 offenceIndictable offences are more-serious criminal offences could be given a five-year prison term or the charge can be treated as a summary conviction, with reduced penalties.

Possession of Weapon for Dangerous Purposes

Section 88 of the Code allows this charge to be laid if you use a weapon or an imitation weapon for a purpose deemed to be dangerous to the "public peace." If the charge is treated as an indictable offence the maximum sentence is 10 years in prison, with less severe consequences for charges treated as summary convictions.

Carrying a Weapon While Attending a Public Meeting

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

Carrying a Concealed Weapon

Section 90 of the Code states you can be charged for hiding a firearm or ammunition unless you are authorized under the Firearms Act to carry it concealed. If treated as an indictable offence you can be given up to a five-year prison term, with less severe punishment if it is treated as a summary conviction.

Unauthorized Possession of Firearm 

If you possess a non-restricted firearm without being properly licensed or if you possess a prohibited or restricted firearmInclude most handguns without the registration papers, you could face this charge under s.91 of the Criminal Code. Those convicted of an indictable offence face five years in prison, with less severe consequences handed out for summary convictions.

Exceptions are granted if you are under the direct supervision of a person who may lawfully possess these firearms, or for those who come into possession of a firearm, such as an executor of an estate. The Code grants them a "reasonable period" to lawfully dispose of the weapon.

Possession of Firearm Knowing its Possession is Unauthorized

Section 92 of the Code makes it an offence to have someone possess a non-restricted firearm if you know that person lacks a licence, or in the case of a prohibited or restricted firearm, a registration certificate for it. This is always an indictable offence, with a 10-year sentence the maximum for a first offence.

Possession at Unauthorized Place

If you have a firearm at a place where it may not indicated on its authorization papers or allowable under the Firearms Act, you could be charged under s.93 of the Code. Those found guilty of an indictable offence could face a five-year prison term with lesser punishments for charges handled as summary convictions.

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, unless the person carrying it is licensed to possess that firearm or has a registration certificate for it, in the case of prohibited firearmsVarious weapons including automatic weapons or a restricted firearm. Those found guilty of an indictable offence face up to 10 years in prison, with lighter sentences given for summary convictions. Exceptions are granted to those who, on becoming aware of the firearm, attempt to exit the vehicle when it was feasible to do so, or actually left the motor vehicle.

Possession of Prohibited or Restricted Firearm with Ammunition

If you possess prohibited or restricted firearms that are loaded or if there is readily accessible ammunition, you can be charged under s.95 if you do not have the authorization or a licence to have the firearm in that place. Those found guilty of an indictable offence face a maximum 10-year prison term, with lesser sentences if the charge is handled as a summary conviction.

Possession of Weapon Obtained by Commission of Offence

Section 96 of the Code makes it illegal to possess or any prohibited weapons or ammunition that the person knows was obtained in the commission of an offence. Those found guilty of an indictable offence will face a maximum 10-year sentence. Lesser sentences are available if you are convicted on summary conviction.

Breaking and entering to steal a firearm

If you found guilty of breaking into someone's residence to steal a firearm, s.98 of the Criminal Code states you have committed an indictable offence and are liable to imprisonment for life.

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.