Discharging a firearm is one of the most serious firearm offences under Canadian criminal law. Governed by sections 244, 244.1, and 244.2 of the Criminal Code, this category of offence involves firing a gun with the intent to cause harm, or in a manner that puts others at risk due to recklessness.

If you have been charged with discharging a firearm, it is essential to understand the nature of the allegations, the possible consequences, and how you can protect your legal rights.

Facing a firearm-related charge? Get immediate legal advice. Call (855) 585-1777 to speak with a criminal defence lawyer now.

Discharging a Firearm: Understanding the Criminal Code

The term “discharging a firearm” refers to the act of firing a gun. The Criminal Code outlines three main types of discharging offences:

1. Discharging a Firearm with Intent – Section 244

Under section 244(1), it is a criminal offence to intentionally fire a firearm at another person with the purpose of:

  • Wounding,
  • Maiming,
  • Disfiguring,
  • Endangering life, or
  • Preventing the arrest or detention of any individual.

Importantly, this offence applies even if the person who was actually targeted was not the intended individual.

2. Discharging an Air Gun or Pistol with Intent – Section 244.1

Section 244.1 covers the discharge of air or gas-powered firearms (such as pellet guns) at another person with any of the intents listed above. This offence is also indictable and carries significant penalties.

3. Reckless Discharge of a Firearm – Section 244.2

According to section 244.2, it is a criminal offence to discharge a firearm:

  • Into or at a place where someone is or might be present, or
  • In a way that shows reckless disregard for human life or safety.

Unlike section 244 or 244.1, this offence does not require the Crown to prove intent to injure—only recklessness.

Charged with discharging a firearm? Call (855) 585-1777 to speak with a criminal defence lawyer now.

Discharging a Firearm: Essential Elements of the Offence

For a conviction, the Crown must prove certain facts beyond a reasonable doubt. The required elements vary depending on the specific charge:

Section 244: With Intent

  • The accused discharged a firearm,
  • The firearm was fired at a person,
  • The accused intended to wound, maim, disfigure, endanger life, or prevent arrest,
  • The identity of the accused.

Section 244.1: Air Gun or Pistol with Intent

  • The weapon used was an air or gas-powered gun or pistol,
  • It was discharged at a person,
  • The intent behind the act matches those outlined under section 244.

Section 244.2: Reckless Discharge

  • A firearm was discharged,
  • The act was carried out recklessly, without regard for human safety,
  • The discharge occurred into or at a place where others were or could be present, or
  • The act endangered the life or safety of another person.

Potential Penalties and Consequences for Discharging a Firearm

These offences are indictable only, meaning the prosecution must proceed by indictment and cannot choose summary proceedings. The potential punishments are severe, including mandatory minimum prison sentences.

Maximum Sentence: Up to 14 years of incarceration.

Minimum Sentences:

Offence Category First Offence Second or Subsequent Offence
Involving a restricted/prohibited firearm or gang-related (s. 244, 244.2) 5 years 7 years
All other instances under s. 244 or s. 244.2 4 years 4 years
Discharge under s. 244.1 (air gun or pistol) No minimum —

Note: Conditional sentences (such as house arrest), discharges, stand-alone fines, and suspended sentences are not available for these charges.

Additional Consequences of a Firearm Discharge Conviction

A conviction under any of these sections can have significant long-term implications beyond jail time, including:

  • A mandatory firearms prohibition,
  • A permanent criminal record,
  • Deportation for non-citizens (as these are serious criminal offences under immigration law),
  • Possible Dangerous Offender or Long-Term Offender designation under section 244.

Don’t face a firearm charge alone—call (855) 585-1777 for immediate legal support.

Legal Defences for Discharging a Firearm

If you’ve been charged, you are entitled to challenge the allegations through the legal process. Some possible defences may include:

  • No Intent: For sections 244 and 244.1, the Crown must establish intent to wound, maim, or endanger life.
  • No Discharge Occurred: There may be a valid argument that no firearm was discharged.

  • Identity Not Proven: The Crown must prove that you were the individual who fired the weapon.
  • Recklessness Not Established: For a charge under section 244.2, it must be shown that your actions were more than negligent—they must be proven reckless.
  • Violation of Charter Rights: If your rights were breached during the investigation or arrest, the evidence may be excluded.

Don’t Face Your Discharging a Firearm Charge Alone

An experienced criminal defence lawyer is vital when dealing with discharging 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 discharging a firearm charges. Call (855) 585-1777 and a skilled criminal defence lawyer will review your case with you and consider your alternatives.

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