Discharging a Firearm

Discharging a Firearm is one of the most serious firearm-related offences under Canadian criminal law. These offences are governed primarily by sections 244, 244.1, and 244.2 of the Criminal Code, and they involve firing a firearm either with intent to harm or in a reckless manner that puts others at risk. 

If you're facing charges under any of these sections, it's critical to understand what the law says, what penalties you may be facing, and how to protect your rights.

Charged with discharging a firearm? You need immediate legal advice. Call (306) 994-9522 to speak with a criminal defence lawyer today.

Discharging a Firearm: Criminal Code Definition

Discharging a firearm refers to the act of firing or shooting a gun. The Criminal Code distinguishes between three main types of this offence:

1. Discharging a Firearm with Intent – Section 244

Under section 244(1) of the Criminal Code, it is an offence to discharge a firearm at another person with intent to:

• Wound,
• Maim,
• Disfigure,
• Endanger life, or
• Prevent the arrest or detention of any person.

This is true whether or not the intended target is the person who was actually shot at.

2. Discharging an Air Gun or Pistol with Intent – Section 244.1

Section 244.1 addresses situations involving air or gas-powered guns. If a person discharges one of these at another person with the same harmful intent as above, it constitutes a separate indictable offence.

3. Reckless Discharge of a Firearm – Section 244.2

Under section 244.2, it is an offence to discharge a firearm:

• Into or at a place where someone is present (or may be present), or
• In a manner that is reckless as to the life or safety of others.

This charge does not require proof of intent to harm, only recklessness.

Accused of a firearm offence? Don’t wait—call (306) 994-9522 to get legal help now.

Discharging a Firearm: Key Elements of the Offence

To secure a conviction, the Crown prosecutor must prove several elements beyond a reasonable doubt. These include:

For Section 244: Discharging a Firearm with Intent

• Identity of the accused,
• That a firearm was discharged,
• That it was discharged at a person,
• That the accused intended to wound, maim, disfigure, endanger life, or prevent arrest.

For Section 244.1: Discharging an Air Gun or Pistol with Intent

• That an air or gas-powered gun or pistol was used,
• That it was discharged at a person,
• That there was intent to wound, maim, disfigure, endanger life, or prevent arrest.

For Section 244.2: Reckless Discharge of a Firearm

• That a firearm was discharged,
• That the shooter acted recklessly,
• That the discharge was into or at a place where others might be present or that the shooter was reckless as to human life.

Potential Penalties for Discharging a Firearm

These offences are straight indictable, meaning the Crown cannot elect to proceed summarily. The penalties are severe and often involve mandatory minimum sentences:

Maximum Sentence: Up to 14 years imprisonment.

Minimum Sentences:

Note: Sentences under these provisions are not eligible for conditional sentences (i.e. house arrest). Discharges, suspended sentences, or fines alone are also unavailable.

Additional Consequences for Discharging a Firearm

In addition to jail time, you may face:

• Firearms prohibition orders,
• Permanent criminal record,
• Deportation if you're not a Canadian citizen (serious criminality under immigration law),
• Designation as a Dangerous or Long-Term Offender (for s. 244 offences).

The right defence starts with the right criminal lawyer. Call (306) 994-9522to speak with one now.

Potential Defences Against Discharging a Firearm Charges

A strong defence strategy will depend on the specific facts of your case. Potential defences may include:

• Lack of Intent: The Crown must prove specific intent under sections 244 and 244.1.
• No Discharge Occurred: If there is doubt that a firearm was discharged, the charge may not stand.
• Identification Issues: The Crown must prove you were the person who fired the gun.
• Recklessness Not Established: For s. 244.2, it must be shown you acted recklessly, not just negligently.
• Charter Violations: Unlawful searches or arrests may lead to exclusion of evidence.

Discharging a firearm is among the most aggressively prosecuted offences in Canadian criminal law. If convicted, you are looking at years of jail time and long-lasting consequences. An experienced criminal defence lawyer can challenge the Crown’s evidence, negotiate for reduced charges or penalties, argue for alternative sentencing options (where applicable), and ensure your Charter rights were respected during the investigation.

Have You Been Charged with Discharging a Firearm?

An experienced criminal defence lawyer is essential when facing a discharging a firearm charge. A criminal defence lawyer can help you navigate the complexities of the legal system, protect your rights, and develop a strong defence strategy tailored to your case.

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

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