Careless Use or Storage of a Firearm

​Careless Use or Storage of a Firearm is a serious offence under Canadian law, governed by Section 86 of the Criminal Code. This provision addresses the improper handling, usage, transportation, or storage of firearms and related items, emphasizing the importance of safety and responsibility among firearm owners.​

Careless Use or Storage of a Firearm: Criminal Code Definition

Section 86(1) of the Criminal Code states:

“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.

Contravention of storage regulations, etc.

(2) Every person commits an offence who contravenes a regulation made under paragraph 117(h) of the Firearms Act respecting the storage, handling, transportation, shipping, display, advertising and mail-order sales of firearms and restricted weapons.”

Facing charges for careless use or storage of a firearm? Protect your rights with expert legal representation. Call (306) 994-9522 today for a free consultation.

Key Elements of Careless Use or Storage of a Firearm

If you've been charged with Careless Use or Storage of a Firearm, it's crucial to understand the following:

• Definition of Carelessness: The term "careless" isn't explicitly defined in the Criminal Code. Courts typically assess whether the firearm was handled or stored in a manner that deviates markedly from the standard of care expected of a reasonably prudent person in similar circumstances.​

• Regulatory Compliance: Adherence to the Storage, Display, Transportation, and Handling of Firearms by Individuals Regulations is essential. Non-compliance can lead to charges under Section 86(2).​

Potential Penalties for Careless Use or Storage of a Firearm

Offences under Section 86 are classified as hybrid, meaning the Crown can choose to proceed either summarily or by indictment.

Summary Conviction: For a first offence, the maximum penalty is two years less a day of imprisonment and/or a $5,000 fine.​

Indictable Offence:

• First Offence: Liable to imprisonment for up to two years.​
• Second or Subsequent Offence: Liable to imprisonment for up to five years.​

Aggravating Factors for Careless Use or Storage of a Firearm

• The firearm was loaded or easily accessible to unauthorized persons, including children.
• The offence was committed in a public place, increasing the risk to public safety.
• The accused has a prior conviction related to firearms or weapons offences.
• The firearm was used in conjunction with another criminal offence, such as drug trafficking or violent crime.
• The accused was subject to a firearms prohibition order at the time of the offence.
• The careless storage or handling of the firearm resulted in bodily harm or death.
• The offence was committed in a domestic setting, increasing risks to intimate partners or family members.

Charged with careless firearm storage? Don’t face this alone—speak with a skilled criminal defence lawyer now. Call (306) 994-9522 for a free case review.

Careless Use or Storage of a Firearm: Summary and Indictable Dispositions Available

• Discharge
• Suspended Sentence
• Fine
• Fine + Probation
• Jail
• Jail + Probation
• Jail + Fine
• Conditional Sentence

Potential Defences for Careless Use or Storage of a Firearm

Defending a charge of Careless Use or Storage of a Firearm demands a tailed legal strategy. Defences that could potentially apply to your case include:

• Due Diligence: Demonstrating that all reasonable precautions were taken to avoid the offence.​
• Mistake of Fact: Establishing a genuine and reasonable belief in a set of facts that, if true, would render the act innocent.​

Given the complexities and potential severity of penalties associated with firearm offences, securing experienced legal representation is vital. A knowledgeable criminal lawyer can assess the specifics of your case, identify viable defences, and navigate the legal process effectively on your behalf.

Don’t Face Your Careless Use or Storage of a Firearm Charge Alone

An experienced criminal defence lawyer is essential when facing careless use or storage of a firearm charges. A criminal lawyer can help you navigate the complexities of the legal system, protect your rights, and develop a strong defence strategy tailored to your use of a firearm in commission of an offence case.

Need a Criminal Lawyer? Get a Free Legal Consultation With Nicholas Robinson, Criminal Lawyer

Don't hesitate to reach out to us if you have been charged with careless use or storage of a firearm. Call (306) 994-9522 and a skilled criminal defence lawyer will discuss your case with you and explore your options.