Canadian Criminal Sentencing/Offences/Use of Firearm in Commission of an Offence

Legislation Using firearm in commission of offence 85. (1) 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, (a) while committing an indictable offence, other than an offence under section 220 (criminal negligence causing death), 236 (manslaughter), 239 (attempted murder), 244 (discharging firearm with intent), 244.2 (discharging firearm — recklessness), 272 (sexual assault with a weapon) or 273 (aggravated sexual assault), subsection 279(1) (kidnapping) or section 279.1 (hostage taking), 344 (robbery) or 346 (extortion); (b) while attempting to commit an indictable offence; or (c) during flight after committing or attempting to commit an indictable offence. Using imitation firearm in commission of offence (2) Every person commits an offence who uses an imitation firearm (a) while committing an indictable offence, (b) while attempting to commit an indictable offence, or (c) during flight after committing or attempting to commit an indictable offence, whether or not the person causes or means to cause bodily harm to any person as a result of using the imitation firearm. Punishment (3) Every person who commits an offence under subsection (1) or (2) is guilty of an indictable offence and liable (a) in the case of a first offence, except as provided in paragraph (b), to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of one year; and (b) in the case of a second or subsequent offence, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of three years. (c) [Repealed, 2008, c. 6, s. 3] ... R.S., 1985, c. C-46, s. 85; 1995, c. 39, s. 139; 2003, c. 8, s. 3; 2008, c. 6, s. 3; 2009, c. 22, s. 3. Application Under s. 85(4), all sentences under s. 85(1) or 85(2) must be served consecutively to any other penalty imposed. Ancillary Orders 109(1)(b) Weapons Prohibition Orders (Mandatory) 491 Weapon Forfeiture Order (Mandatory) DNA Order - Secondary Designated Offence (Discretionary) 462.37(2.01) Forfeiture of Property (Discretionary) See Also Canadian Criminal Sentencing/Offences/Offences by Penalty Use of Firearm in Commission