Criminal Code (R.S.C., 1985, c. C-46)

Use Offences

Marginal note:Using firearm in commission of offence

• 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.

• 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 to imprisonment for a term of not more than 14 years.

• 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).

Marginal note: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.

• 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.

Marginal note:Pointing a firearm

• 87 (1) Every person commits an offence who, without lawful excuse, points a firearm at another person, whether the firearm is loaded or unloaded.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1)

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

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

Possession Offences

Marginal note:Possession of weapon for dangerous purpose

• 88 (1) Every person commits an offence who carries or possesses a weapon, an imitation of a weapon, a prohibited device or any ammunition or prohibited ammunition for a purpose dangerous to the public peace or for the purpose of committing an offence.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1)

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

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

Marginal note:Carrying weapon while attending public meeting

• 89 (1) Every person commits an offence who, without lawful excuse, carries a weapon, a prohibited device or any ammunition or prohibited ammunition while the person is attending or is on the way to attend a public meeting.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1) is guilty of an offence punishable on summary conviction.

Marginal note:Carrying concealed weapon

• 90 (1) Every person commits an offence who carries a weapon, a prohibited device or any prohibited ammunition concealed, unless the person is authorized under the Firearms Act to carry it concealed.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1)

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

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

Marginal note:Unauthorized possession of firearm

• 91 (1) Subject to subsection (4), every person commits an offence who possesses a prohibited firearm, a restricted firearm or a non-restricted firearm without being the holder of

  • (a) a licence under which the person may possess it; and

  • (b) in the case of a prohibited firearm or a restricted firearm, a registration certificate for it.

• Marginal note:Unauthorized possession of prohibited weapon or restricted weapon

  (2) Subject to subsection (4), every person commits an offence who possesses a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition, without being the holder of a licence under which the person may possess it.

• 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 for a term not exceeding five years; or

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

• Marginal note:Exceptions

  (4) Subsections (1) and (2) do not apply to

  • (a) a person who possesses a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition while the person is under the direct and immediate supervision of a person who may lawfully possess it, for the purpose of using it in a manner in which the supervising person may lawfully use it; or

  • (b) a person who comes into possession of a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition by the operation of law and who, within a reasonable period after acquiring possession of it,

    • (i) lawfully disposes of it, or

    • (ii) obtains a licence under which the person may possess it and, in the case of a prohibited firearm or a restricted firearm, a registration certificate for it.

• (5) [Repealed, 2012, c. 6, s. 2]

Marginal note:Possession of firearm knowing its possession is unauthorized

• 92 (1) Subject to subsection (4), every person commits an offence who possesses a prohibited firearm, a restricted firearm or a non-restricted firearm knowing that the person is not the holder of

  • (a) a licence under which the person may possess it; and

  • (b) in the case of a prohibited firearm or a restricted firearm, a registration certificate for it.

• Marginal note:Possession of prohibited weapon, device or ammunition knowing its possession is unauthorized

  (2) Subject to subsection (4), every person commits an offence who possesses a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition knowing that the person is not the holder of a licence under which the person may possess it.

• Marginal note:Punishment

  (3) Every person who commits an offence under subsection (1) or (2) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.

• Marginal note:Exceptions

  (4) Subsections (1) and (2) do not apply to

  • (a) a person who possesses a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition while the person is under the direct and immediate supervision of a person who may lawfully possess it, for the purpose of using it in a manner in which the supervising person may lawfully use it; or

  • (b) a person who comes into possession of a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition by the operation of law and who, within a reasonable period after acquiring possession of it,

    • (i) lawfully disposes of it, or

    • (ii) obtains a licence under which the person may possess it and, in the case of a prohibited firearm or a restricted firearm, a registration certificate for it.

• (5) and (6) [Repealed, 2012, c. 6, s. 3]

Marginal note:Possession at unauthorized place

• 93 (1) Subject to subsection (3), every person commits an offence who, being the holder of an authorization or a licence under which the person may possess a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or prohibited ammunition, possesses them at a place that is

  • (a) indicated on the authorization or licence as being a place where the person may not possess it;

  • (b) other than a place indicated on the authorization or licence as being a place where the person may possess it; or

  • (c) other than a place where it may be possessed under the Firearms Act.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1)

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

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

• Marginal note:Exception

  (3) Subsection (1) does not apply to a person who possesses a replica firearm.

Marginal note:Unauthorized possession in motor vehicle

• 94 (1) Subject to subsections (3) and (4), every person commits an offence who is an occupant of a motor vehicle in which the person knows there is a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition, unless

  • (a) in the case of a prohibited firearm, a restricted firearm or a non-restricted firearm,

    • (i) the person or any other occupant of the motor vehicle is the holder of

      • (A) a licence under which the person or other occupant may possess the firearm, and

      • (B) in the case of a prohibited firearm or a restricted firearm, an authorization and a registration certificate for it,

    • (ii) the person had reasonable grounds to believe that any other occupant of the motor vehicle was the holder of

      • (A) a licence under which that other occupant may possess the firearm, and

      • (B) in the case of a prohibited firearm or a restricted firearm, an authorization and a registration certificate for it, or

    • (iii) the person had reasonable grounds to believe that any other occupant of the motor vehicle was a person who could not be convicted of an offence under this Act by reason of sections 117.07 to 117.1 or any other Act of Parliament; and

  • (b) in the case of a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition,

    • (i) the person or any other occupant of the motor vehicle is the holder of an authorization or a licence under which the person or other occupant may transport the prohibited weapon, restricted weapon, prohibited device or prohibited ammunition, or

    • (ii) the person had reasonable grounds to believe that any other occupant of the motor vehicle was

      • (A) the holder of an authorization or a licence under which the other occupant may transport the prohibited weapon, restricted weapon, prohibited device or prohibited ammunition, or

      • (B) a person who could not be convicted of an offence under this Act by reason of sections 117.07 to 117.1 or any other Act of Parliament.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1)

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

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

• Marginal note:Exception

  (3) Subsection (1) does not apply to an occupant of a motor vehicle who, on becoming aware of the presence of the firearm, weapon, device or ammunition in the motor vehicle, attempted to leave the motor vehicle, to the extent that it was feasible to do so, or actually left the motor vehicle.

• Marginal note:Exception

  (4) Subsection (1) does not apply to an occupant of a motor vehicle when the occupant or any other occupant of the motor vehicle is a person who came into possession of the firearm, weapon, device or ammunition by the operation of law.

• (5) [Repealed, 2012, c. 6, s. 4]