Canadian Criminal Sentencing/Offences/Careless Use or Storage of a Firearm

Careless Use or Storage of a Firearm
Careless Use or Storage of a Firearm
	s. 86 of the Crim. Code
Election / Plea
Crown Election	Hybrid
Jurisdiction	Prov. Court ; SC Judge + PI (I) ; SC Jury + PI (I) (536(2))
Summary Dispositions
Avail. Disp.	Discharge (730); Suspended Sentence (731(1)(a)); Fine (734); Fine + Probation (731(1)(b)); Jail (718.3, 787); Jail + Probation (731(1)(b)); Jail + Fine (734); Conditional Sentence (742.1)
Maximum	6 months jail or $5,000 fine
Indictable Dispositions
Avail. Disp.	same as summary
Maximum	2 years (first) ; 5 years (second or more)
References
	Offence Elements ; Sentence Principles ; Sentence Digests;
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Legislation

Careless use of firearm, etc.
86. (1) 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.

...
Punishment
(3) Every person who commits an offence under subsection (1) or (2)

(a) is guilty of an indictable offence and liable to imprisonment
(i) in the case of a first offence, for a term not exceeding two years, and

(ii) in the case of a second or subsequent offence, for a term not exceeding five years; or

(b) is guilty of an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 86; 1991, c. 40, s. 3; 1995, c. 39, s. 139.

– CCC

See also: Firearms Act, SC 1995, c 39 and Storage, Display, Transportation and Handling of Firearms by Individuals Regulations, SOR/98-209

Application

Factors

Mitigating Factors

Youthful offender
guilty plea (early or late plea, amount of court resources saved)
no prior record or no related record

Ancillary Orders

Weapons Prohibition Orders
491 Weapon Forfeiture Order (Mandatory)
DNA Order
462.37(2.01) Forfeiture of Property (Discretionary)

Ranges

R. v. Grice, 2008 ONCJ 476 -- $500 fine -- found accused was videotaping ex-wife in shower, found carelessly stored .22 cal rifle.