Mishandling or improperly storing a firearm is a serious offence under Section 86 of the Criminal Code in Canada. This law is designed to prevent harm by ensuring that firearms and related equipment are handled and stored responsibly. A failure to follow these regulations can result in criminal charges, even if no one is directly harmed by the conduct.
Careless Use or Storage of a Firearm: Legal Definition
Section 86(1) of the Criminal Code states:
"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."
Furthermore, Section 86(2) specifies that failing to comply with firearm storage regulations under the Firearms Act also constitutes an offence:
"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."
Careless firearm storage charges? Let an experienced lawyer defend your case. Call (855) 585-1777 now for trusted legal advice.
Key Considerations for the Accused
The Criminal Code does not provide a precise definition of “careless.” Instead, courts will determine whether the accused’s actions deviated significantly from what a responsible firearm owner would do under similar circumstances. Factors such as where the firearm was stored, whether it was loaded, and who had access to it will be considered when assessing carelessness.
Penalties for Careless Use or Storage of a Firearm
The consequences of a conviction under Section 86 depend on whether the Crown proceeds by summary conviction or indictment. As a hybrid offence, the prosecution has discretion in how they pursue charges.
- If convicted summarily:
- A maximum of two years less a day in jail
- A fine of up to $5,000
- If convicted by indictment:
- First offence: Maximum of two years imprisonment
- Subsequent offences: Up to five years imprisonment
Factors That Can Increase the Severity of Sentencing
Certain circumstances may lead to harsher penalties, including:
- The firearm was loaded and easily accessible to unauthorized individuals, such as minors.
- The firearm was used or stored in a public place, increasing the risk to others.
- The accused has prior firearm-related convictions.
- The firearm was associated with other criminal activity, such as drug-related offences.
- The accused was already subject to a firearms prohibition order.
- The offence resulted in bodily harm or death.
- The firearm was stored in an unsafe manner in a household setting, creating a risk to family members or intimate partners.
Arrested for improper firearm storage? Get expert legal advice to protect your rights. Call (855) 585-1777 today for a free case review.
Available Sentencing Options
Upon conviction, courts may impose a variety of sentences, including:
- Discharge (Absolute or Conditional)
- Suspended Sentence
- Fine
- Fine + Probation
- Jail Sentence
- Jail + Probation
- Jail + Fine
- Conditional Sentence (House Arrest)
How to Defend Against Careless Use or Storage of a Firearm Charges
If you are facing a charge of careless use or storage of a firearm, there are legal strategies that may help in your defence:
- Demonstrating Due Diligence – Proving that you took reasonable precautions to store or handle the firearm safely.
- Mistake of Fact – Arguing that you genuinely and reasonably believed you were in compliance with the law.
- Challenging Evidence – Reviewing whether law enforcement obtained evidence lawfully and whether the firearm was truly stored or handled in a careless manner.
A conviction for careless use or storage of a firearm can result in severe consequences, including jail time, a criminal record, and restrictions on firearm ownership. If you have been charged, it is critical to seek legal representation to protect your rights and build a strong defence strategy. An experienced criminal lawyer can assess your case, challenge weak evidence, and work toward the best possible outcome in court.
Don’t Face Your Careless Use or Storage of a Firearm Charge Alone
An experienced criminal defence lawyer is vital when dealing with careless use or storage of a firearm charges. They can guide you through the legal maze, safeguard your rights, and devise a robust defence strategy specific to your case.
Get a Free Legal Consultation With a Criminal Lawyer
Do not hesitate to contact us if you are facing careless use or storage of a firearm charges. Call (855) 585-1777 and a skilled criminal defence lawyer will review your case with you and consider your alternatives.