Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2015-08-30 and last amended on 2015-07-23. Previous Versions

Use Offences

Marginal note:Using firearm in commission of offence
  •  (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.

  • Marginal note: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.

  • Marginal note:Punishment

    (3) Every person who commits an offence under subsection (1) or (2) is guilty of an indictable offence and liable

    • (a) in the case of a first offence, except as provided in paragraph (b), to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of one year; and

    • (b) in the case of a second or subsequent offence, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of three years.

    • (c[Repealed, 2008, c. 6, s. 3]

  • Marginal note:Sentences to be served consecutively

    (4) A sentence imposed on a person for an offence under subsection (1) or (2) shall be served consecutively to any other punishment imposed on the person for an offence arising out of the same event or series of events and to any other sentence to which the person is subject at the time the sentence is imposed on the person for an offence under subsection (1) or (2).

  • R.S., 1985, c. C-46, s. 85;
  • 1995, c. 39, s. 139;
  • 2003, c. 8, s. 3;
  • 2008, c. 6, s. 3;
  • 2009, c. 22, s. 3.
Marginal note:Careless use of firearm, etc.
  •  (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.

  • Marginal note:Contravention of storage regulations, etc.

    (2) Every person commits an offence who contravenes a regulation made under paragraph 117(h) of the Firearms Act respecting the storage, handling, transportation, shipping, display, advertising and mail-order sales of firearms and restricted weapons.

  • Marginal note: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.