Weapons and Firearms Offences

• < Criminal Law/Sentencing
• < Offences

Introduction

Firearms and other weapon offences is set out in Part III of the Criminal Code.

Lawful possession of firearms is governed by the Firearms Act.

On April 5, 2012, the Long-Gun Registry was eliminated removing the requirement that non-restricted firearms be registered.

Definitions

Weapons

See Definition of Weapons

Firearms

See Definition of Firearms

Weapons-related Offences

• Possession of a Weapon for a Dangerous Purpose (88)
• Assault with a Weapon (267)
• Assault Peace Officer with a Weapon (270 to 270.02)
• Sexual Assault with a Weapon (272(1))

There are also several offence that include a weapon as an essential element:

Firearm Possession Offences

• Unsafe Storage, Handling of a Firearm (86(1))
• Contravention of Firearm Storage Regulations (86(2))
• Carrying a Concealed Weapon (90)
• Unauthorized Possession of a Firearm (91)
• Possession of Unauthorized Firearm (92)
• Unauthorized possession in a motor vehicle (94)
• Possession of a Restricted or Prohibited Firearm (95)
• Possessing weapon obtained by commission of offence (96)
• Weapons Trafficking (99, 100)
• Unauthorized transfer (101)
• Making automatic firearm (102)
• Exporting and importing firearms (103, 104)
• Failure to report (or giving false stmt re) lost or recovered restricted/prohibited firearm (105, 107)
• Destroying or tampering with a restricted/prohibited firearm (106, 108)
• Possession of a Weapon Contrary to an Order (117.01)

Offences relating to the "possession" of firearms are subject to exemptions under s. 84(3) [re exempted firearm-like devices such as BB guns, flare guns, etc].

Firearm Use Offences

• Use of Firearm in Commission of an Offence (85)
• Pointing a Firearm (87)
• Criminal negligence causing death with a firearm (220)
• Manslaughter with a firearm (236)
• Attempted murder with a firearm (239)
• Discharging Firearm with Intent (244)
• Sexual assault with firearm (272)
• Aggravated sexual assault with a firearm (273)
• Kidnapping with a firearm (279)
• Hostage-taking with a firearm (279.1)
• Robbery with a firearm (344)
• Extortion with a firearm (346)

Defences

• Persons Exempted from Firearm Offences

See Also

• Miscellaneous Firearms Offences