Pointing a firearm at another person is a serious criminal offence in Canada, governed by Section 87 of the Criminal Code. This law applies regardless of whether the firearm is loaded or unloaded, emphasizing the gravity of such actions. 

Pointing a Firearm: Legal Definition

According to Section 87(1) of the Criminal Code:

"Every person commits an offence who, without lawful excuse, points a firearm at another person, whether the firearm is loaded or unloaded."

This means that even if the firearm is unloaded or no harm was intended, pointing it at someone can lead to criminal charges. 

Under Section 2 of the Criminal Code, a firearm is defined as any barrelled weapon capable of discharging a projectile that could cause serious injury or death. This includes handguns, rifles, and shotguns. A "lawful excuse" may include scenarios such as acting in self-defence, defending another person, or performing a lawful duty (e.g., as a police officer). However, the absence of a valid justification can result in serious legal repercussions.

What is Needed to Secure a Pointing a Firearm Conviction

For a conviction, the Crown prosecutor must establish the following elements beyond a reasonable doubt:

  1. Possession of a Firearm: The accused must have been in possession of an object that qualifies as a firearm under the law.
  2. Pointing the Firearm: The accused must have intentionally pointed the firearm at another person.
  3. Lack of Lawful Excuse: The accused must have had no valid justification for their actions.

Notably, the Crown does not need to prove that the firearm was loaded or that the accused intended to cause harm.

Potential Penalties for Pointing a Firearm

Pointing a firearm is classified as a hybrid offence, meaning the Crown can choose to proceed by summary conviction or by indictment, depending on the circumstances of the case.

  • Summary Conviction:
    • Maximum Penalty: Up to 2 years less a day in jail and/or a $5,000 fine.
  • Indictable Offence:
    • Maximum Penalty: Up to 5 years in prison.

Unlike some firearm-related offences, there is no mandatory minimum sentence for pointing a firearm, which allows judges greater discretion in sentencing.

Additional Consequences of a Pointing a Firearm Conviction

A conviction for pointing a firearm can lead to additional legal consequences, including:

  • Firearms Prohibition Order: Under Section 109 of the Criminal Code, the court may prohibit the accused from possessing firearms for a specified period.
  • DNA Order: Under Section 487.051, the court may require the accused to provide a DNA sample for the National DNA Data Bank.

These orders can have long-term implications, affecting your rights and freedoms even after serving a sentence.

Possible Defences Against a Pointing a Firearm Charge

If you are charged with pointing a firearm, several defences may be available, depending on the circumstances:

  1. Lawful Excuse: If you had a valid reason for pointing the firearm (e.g., self-defence or defence of others), this may serve as a lawful excuse.
  2. Lack of Intent: If you did not intentionally point the firearm at another person, this could be a viable defence.
  3. Mistaken Identity: If you were not the person who pointed the firearm, the charges may be dismissed.
  4. Charter Violations: If law enforcement violated your rights under the Canadian Charter of Rights and Freedoms (e.g., through an unlawful search or seizure), evidence may be excluded, potentially leading to a dismissal of charges.

If you or someone you know is charged with pointing a firearm, seeking legal advice as soon as possible is essential to protect your rights and achieve the best possible outcome.

Don’t Face Your Pointing a Firearm a Firearm Charge Alone

An experienced criminal defence lawyer is vital when dealing with Pointing 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 facingPointing 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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