Part III of the Criminal Code of Canada sets out firearm offences. These offences are further split into categories including the use, possession, trafficking, assembling, exporting/importing, and offences relating to lost, destroyed, or defaced weapons. This post will highlight some of the most common Criminal Code offences in relation to firearms.
According to the Criminal Code of Canada, use offences include:
In this section [a weapon] refers to a firearm, a prohibited weapon, a restricted weapon, a prohibited device, or any ammunition or prohibited ammunition
Using a firearm (including imitation) in commission of offence
Every person commits an offence who uses a firearm, whether or not the person causes or means to cause bodily harm to any person as a result of using the firearm:
while committing an indictable offence
while attempting to commit an indictable offence
during flight after committing or attempting to commit an indictable offence
Careless use of firearm
Every person commits an offence who, without lawful excuse, uses, carries, handles, ships, transports, or stores [a weapon] in a careless manner or without reasonable precautions for the safety of other persons
Pointing a firearm
Every person commits an offence who, without lawful excuse, points a firearm at another person, whether the firearm is loaded or unloaded
According to the Criminal Code of Canada, possession offences include:
in this section [a weapon] refers to a weapon, an imitation of a weapon, a prohibited device, or any ammunition or prohibited ammunition
Possession of weapon for dangerous purpose
Every person commits an offence who carries or possesses [a weapon] for a purpose dangerous to the public peace or for the purpose of committing an offence
Carrying concealed weapon
Every person commits an offence who carries [a weapon], unless the person is authorized under the Firearms Act to carry it concealed
Unauthorized possession of firearm
Every person commits an offence who possesses a prohibited firearm, a restricted firearm or a non-restricted firearm without being the holder of:
a licence under which the person may possess it
in the case of a prohibited firearm or a restricted firearm, a registration certificate for it
Possession of weapon obtained by commission of offence
Every person commits an offence who possesses a [weapon] that the person knows was obtained by the commission of an offence or by an act or omission anywhere that would have constituted an offence
Breaking and entering to steal firearm
Every person commits an offence who:
breaks and enters a place with intent to steal a firearm located in it
breaks and enters a place and steals a firearm located in it
breaks out of a place after stealing a firearm located in it, or entering the place with intent to steal a firearm located in it
According to the Criminal Code of Canada, trafficking offences include:
in this section [a weapon] refers to a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition
Weapons trafficking
Every person commits an offence who manufactures or transfers, whether or not for consideration, a [weapon] knowing that the person is not authorized to do so under the Firearms Act or any other Act of Parliament or any regulations made under any Act of Parliament
Possession for purpose of weapons trafficking
Every person commits an offence who possesses a [weapon] for the purpose of:
transferring it, whether or not for consideration
offering to transfer it
knowing that the person is not authorized to transfer it under the Firearms Act or any other Act of Parliament or any regulations made under any Act of Parliament
According to the Criminal Code of Canada, assembling offences include:
Making automatic firearm
Every person commits an offence who, without lawful excuse, alters a firearm so that it is capable of, or manufactures or assembles any firearm that is capable of, discharging projectiles in rapid succession during one pressure of the trigger
According to the Criminal Code of Canada, export and import offences include:
in this section [a weapon] refers to a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition
Unauthorized importing or exporting
Every person commits an offence who imports or exports:
a [weapon]
any component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm otherwise than under the authority of the Firearms Act or any other Act of Parliament or any regulations made under an Act of Parliament.
According to the Criminal Code of Canada, offences relating to lost, destroyed, or defaced weapons include:
in this section [a weapon] refers to a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, or any prohibited ammunition
in this section [officer] refers to a peace officer, a firearms officer, or a chief firearms officer
Losing or finding
Every person commits an offence who:
having lost a [weapon], an authorization, a licence or a registration certificate, or having had it stolen from the person’s possession, does not with reasonable despatch report the loss to an [officer]
on finding a [weapon] that the person has reasonable grounds to believe has been lost or abandoned, does not with reasonable despatch deliver it to an [officer] or report the finding to an [officer]
Destroying
Every person commits an offence who:
after destroying any [weapon]
on becoming aware of the destruction of any [weapon] that was in the person’s possession before its destruction
does not with reasonable despatch report the destruction to an [officer]
False statements
Every person commits an offence who knowingly makes, before an [officer], a false report or statement concerning the loss, theft or destruction of a [weapon], an authorization, a licence or a registration certificate
It is important to note that Criminal Code offences related to firearms are very serious offences. If you are charged or are a suspect in a firearm offence, it is important to be represented by an experienced criminal defence lawyer if you intend to fight it.
If you are facing criminal offence charges contact Kostman and Pyzer, Barristers for your free consultation today!
