Canadian Criminal Sentencing/Offences/Careless Use or Storage of a Firearm

Legislation 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. ... Punishment (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. CCC See also: Firearms Act, SC 1995, c 39 and Storage, Display, Transportation and Handling of Firearms by Individuals Regulations, SOR/98-209 Application Factors Mitigating Factors Youthful offender guilty plea (early or late plea, amount of court resources saved) no prior record or no related record Ancillary Orders Weapons Prohibition Orders 491 Weapon Forfeiture Order (Mandatory) DNA Order 462.37(2.01) Forfeiture of Property (Discretionary) Ranges R. v. Grice, 2008 ONCJ 476 -- $500 fine -- found accused was videotaping ex-wife in shower, found carelessly stored .22 cal rifle. Careless Use or Storage of a Firearm