Firearm and Weapon Offense Law

There are a wide range of firearm and weapon offences in the Criminal Code. These offences begin at section 85 and end at section 117.15(1). Charges involving firearms and weapons are taken very seriously by Crown counsel, especially firearm offences. Canadian courts have commented on the increasing concern over the illegal possession of firearms and its growing threat to public safety. Accordingly, Crown counsel are required to proceed with charges for most firearm offences when the evidentiary test for charge approval is met.

Offences involving firearms include:

  • Section 85: Using a firearm, or imitation, in commission of an indictable offence;
  • Section 86(1): Careless use of a firearm;
  • Section 86(2): Contravention of storage regulations under the Firearms Act;
  • Section 87: Unlawfully pointing a loaded or unloaded firearm at another person;
  • Section 91: Unauthorized possession of a firearm; and
  • Section 102: Altering a firearm to make it automatic.

Offences involving weapons include:

  • Section 88: Possession of a weapon or imitation of a weapon for dangerous purpose;
  • Section 89: Unlawfully carrying a weapon while attending a public meeting;
  • Section 90: Unlawfully carrying a concealed weapon; and
  • Section 92(2): Unauthorized possession of a prohibited or restricted weapon.

It is important to note that section 109 of the Criminal Code sets out a list of offences, including many of those listed above, for which the sentencing judge must include an order prohibiting the possession of firearms and related items.  This prohibition is added on top of any other punishment received for the offence committed and stays in place for at least 10 years.

Many of these offences include mandatory minimums and lengthy prison sentences. If charged with a firearm or weapon offence, contact counsel as soon as possible.

If you have been charged with a Firearm or other Weapon Offence in BC, contact us for a consultation.

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