Using a Firearm in Commission of an Offence

Using a firearm in the commission of an offence encompasses not only the actual use of a firearm but also the use of an imitation firearm during the commission or attempted commission of an indictable offence. Such offences are treated with the utmost gravity due to the potential harm they pose to individuals and public safety. 

It’s essential to secure experienced legal representation immediately to navigate these complex cases and protect your rights. Call (306) 994-9522 to receive a free consultation with a criminal lawyer. 

Using a Firearm in Commission of an Offence: Criminal Code Definition

Under Section 85 (1) of the Criminal Code,

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.

Similar Types of Offences Involving Firearms

Careless Use of a Firearm (s.86): Handling or storing a firearm or ammunition carelessly or without regard for the safety of others can result in up to 2 years in prison for a first offence if tried as an indictable offence. Repeat offences carry even harsher penalties.

Possession of Weapon for Dangerous Purpose (s.88): Possessing a weapon or imitation weapon in a manner that endangers public peace or safety can lead to a prison sentence of up to 10 years if tried as an indictable offence.

Unauthorized Possession of Firearm (s.91): Possessing a firearm without the necessary licensing or registration can result in a prison term of up to 5 years for an indictable offence.

Have you been charged with using a firearm in commission of an offence? Get expert legal representation today. Call (306) 994-9522 for a free consultation.

Penalties for Using a Firearm in Commission of an Offence

The penalties for these offences are severe, with a maximum penalty of 14 years imprisonment. There are also mandatory minimum sentences that vary based on prior convictions and specific aggravating factors. The minimum penalties include:

• 1 year of incarceration for first-time offenders.
• 3 years of incarceration for offenders with prior convictions under Section 85.

Aggravating Factors in Using a Firearm in Commission of an Offence

• Committing the offence while on bail.
• Committing the offence for the benefit of, at the direction of, or in association with a criminal organization.
• Use of the firearm while subject to a prohibition order.
• Offences involving violence against an intimate partner with prior convictions for similar offences.

Indictable Dispositions Available for Using a Firearm in Commission of an Offence

• Imprisonment
• Imprisonment + Probation
• Imprisonment + Fine

Are you facing ‘use of a firearm in commission of an offence’ charges? It's vital to secure knowledgeable legal support immediately. Call (306) 994-9522 for a comprehensive, no-cost consultation to protect your rights and explore your legal options.

Potential Defences for Using a Firearm in Commission of an Offence

Defending a charge of using a firearm in the commission of an offence requires a tailored legal strategy. Key defences may include:

• Lack of Intent: Demonstrating that the accused did not intend to use the firearm during the offence.
• Mistaken Identity: Proving that the accused was not the person who committed the offence.
• Invalid Search or Seizure: Challenging the admissibility of evidence obtained through unlawful search or seizure.

Successfully navigating these defences requires a sophisticated understanding of the law. It is highly advisable to consult a criminal lawyer to explore your legal options and ensure that your case is handled with expertise.

Don’t Face Your ‘Using a Firearm in Commission of an Offence’ Charge Alone

An experienced criminal defence lawyer is essential when facing ‘use of a firearm in commision of an offence’ 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 using a firearm in commission of an offence. Call (306) 994-9522 and a skilled criminal defence lawyer will discuss your case with you and explore your options.