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Careless use of a firearm

Region: Ontario Answer # 7827

Firearms use offences appear in Part III of the Criminal Code.

Careless use of a firearm (section 86) criminalizes acts where firearms are used, carried, handled, shipped, transported, or stored carelessly or without the necessary precautions to ensure the safety of others.

Careless use of firearm, etc.

  • 86 (1) Every person commits an offence who, without lawful excuse, uses, carries, handles, ships, transports or stores a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any ammunition or prohibited ammunition in a careless manner or without reasonable precautions for the safety of other persons.

Contravention of storage regulations, etc.

(2) Every person commits an offence who contravenes a regulation made under paragraph 117(h) of the Firearms Act respecting the storage, handling, transportation, shipping, display, advertising and mail-order sales of firearms and restricted weapons.

Punishment

(3) Every person who commits an offence under subsection (1) or (2)

  • (a)is guilty of an indictable offence and liable to imprisonment
    • (i)in the case of a first offence, for a term not exceeding two years, and
    • (ii)in the case of a second or subsequent offence, for a term not exceeding five years; or
  • (b)is guilty of an offence punishable on summary conviction.

Other use offences include Pointing a firearm and Using firearm in commission of offence.

Pointing a firearm

  • 87(1) Every person commits an offence who, without lawful excuse, points a firearm at another person, whether the firearm is loaded or unloaded.

Punishment

(2) Every person who commits an offence under subsection (1)

  • (a)is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
  • (b)is guilty of an offence punishable on summary conviction.

Using firearm in commission of offence

  • 85(1) Every person commits an offence who uses a firearm, whether or not the person causes or means to cause bodily harm to any person as a result of using the firearm,
    • (a)while committing an indictable offence, other than an offence under section 220 (criminal negligence causing death), 236 (manslaughter), 239 (attempted murder), 244 (discharging firearm with intent), 244.2 (discharging firearm — recklessness), 272 (sexual assault with a weapon) or 273 (aggravated sexual assault), subsection 279(1) (kidnapping) or section 279.1 (hostage taking), 344 (robbery) or 346 (extortion);
    • (b)while attempting to commit an indictable offence; or
    • (c)during flight after committing or attempting to commit an indictable offence.

Using imitation firearm in commission of offence

(2) Every person commits an offence who uses an imitation firearm

  • (a)while committing an indictable offence,
  • (b)while attempting to commit an indictable offence, or
  • (c)during flight after committing or attempting to commit an indictable offence,

whether or not the person causes or means to cause bodily harm to any person as a result of using the imitation firearm.

Punishment

(3) Every person who commits an offence under subsection (1) or (2) is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.

Visit other answers in this section or view the Criminal Code for more information on firearms and other weapon offences.

Get help

To erase your criminal record, call toll-free 1-888-808-3628 or learn more at Pardon Partners. It’s easier than you think.

If you have been charged with a crime, it is important to hire an experienced criminal defence lawyer as soon as possible. Contact our preferred criminal defence expert, Calvin Barry Criminal Lawyers for a free consultation at 416-938-5858 .


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