Pointing a Firearm

Pointing a firearm at another person is a serious criminal offence under Canadian law. Governed by Section 87 of the Criminal Code, this offence applies regardless of whether the firearm is loaded or unloaded. Understanding the law, potential defences, and the consequences is critical to protecting your rights and building a strong defence when charged with pointing a firearm.

Pointing a Firearm: Criminal Code Definition

Under Section 87(1) of the Criminal Code:

"Every person commits an offence who, without lawful excuse, points a firearm at another person, whether the firearm is loaded or unloaded."

This means that even if the firearm is not loaded or no harm was intended, pointing it at another person can result in criminal charges.

Under Section 2 of the Criminal Code, a firearm is defined as any barrelled weapon that discharges projectiles capable of causing serious bodily harm or death. This includes handguns, rifles, and shotguns, whether loaded or unloaded. A lawful excuse may include situations where you were acting in self-defence, defending another person, or performing a lawful duty (e.g., as a police officer).

Key Elements of Pointing a Firearm Charges

To secure a conviction, the Crown prosecutor must prove the following elements beyond a reasonable doubt:

1. Possession of a Firearm: The accused was in possession of an object that meets the legal definition of a firearm.
2. Pointing the Firearm: The accused intentionally pointed the firearm at another person.
3. Lack of Lawful Excuse: The accused had no lawful justification for their actions. 

The Crown does not need to prove that the firearm was loaded or that the accused intended to cause harm.

Potential Penalties for Pointing a Firearm

Pointing a firearm is a hybrid offence, meaning the Crown can choose to proceed by summary conviction or indictment, depending on the circumstances of the case.

Summary Conviction

• Maximum Penalty: Up to 2 years less a day in jail and/or a $5,000 fine.

Indictable Offence

• Maximum Penalty: Up to 5 years in prison.

Unlike some firearm-related offences, there is no mandatory minimum sentence for pointing a firearm, which allows for greater discretion in sentencing.

Additional Consequences of a Pointing a Firearm Charge

If convicted, the court may impose additional orders, including:

• A firearms prohibition order under Section 109 of the Criminal Code, prohibiting the accused from possessing firearms for a specified period.
• A DNA order under Section 487.051, requiring the accused to provide a sample for the National DNA Data Bank.

Potential Defences Against a Pointing a Firearm Charge

Several defences may apply to a charge of pointing a firearm, including:

1. Lawful Excuse: If you had a valid reason for pointing the firearm (e.g., self-defence or defence of others), this may serve as a lawful excuse.
2. Lack of Intent: If you did not intentionally point the firearm at another person, this could be a defence.
3. Mistaken Identity: If you were not the person who pointed the firearm, the charge may be dismissed.
4. Charter Violations: If law enforcement violated your rights under the Canadian Charter of Rights and Freedoms (e.g., through an unlawful search or seizure), evidence may be excluded, potentially leading to a dismissal of charges.

If you are charged with pointing a firearm, it is essential to seek legal advice immediately. An experienced criminal defence lawyer can explain your rights and options, help you build a strong defence, negotiate with the Crown to seek a reduction in charges or penalties, and represent you in court to ensure your case is presented effectively.

Have You Been Charged with Pointing a Firearm?

An experienced criminal defence lawyer is essential when facing a Pointing 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 Pointing a Firearm. Call (306) 994-9522, and a skilled criminal defence lawyer will discuss your case with you and explore your options.