Canadian Criminal Sentencing/Offences/Careless Use or Storage of a Firearm
|Careless Use or Storage of a Firearm|
|s. 86 of the Crim. Code|
|Election / Plea|
|Jurisdiction||Prov. Court |
SC Judge + PI (I)
SC Jury + PI (I) (536(2))
|Avail. Disp.||Discharge (730)|
Conditional Sentence (742.1)
|Maximum||6 months jail or $5,000 fine|
|Avail. Disp.||same as summary|
|Maximum||2 years (first) |
5 years (second or more)
|Offence Elements |
Legislation[edit | edit source]
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.
(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.
R.S., 1985, c. C-46, s. 86; 1991, c. 40, s. 3; 1995, c. 39, s. 139.
Application[edit | edit source]
Factors[edit | edit source]
Mitigating Factors[edit | edit source]
- Youthful offender
- guilty plea (early or late plea, amount of court resources saved)
- no prior record or no related record
Ancillary Orders[edit | edit source]
- Weapons Prohibition Orders
- 491 Weapon Forfeiture Order (Mandatory)
- DNA Order
- 462.37(2.01) Forfeiture of Property (Discretionary)
Ranges[edit | edit source]
- R. v. Grice, 2008 ONCJ 476 -- $500 fine -- found accused was videotaping ex-wife in shower, found carelessly stored .22 cal rifle.