Weapons Offences
S=Summary H=Hybrid I=Indictable
| Offence description | Criminal Code Section | S/H/I | Minimum penalty | Discharge available | Maximum Penalty (S) | Maximum Penalty (I) |
|---|---|---|---|---|---|---|
| Careless storage or use or handling of firearm | 86 | H | yes | 2 yrs./$5,000 fine | 2 yrs. (1st offence); 5 yrs. (subsequent offence) | |
| Pointing a firearm | 87 | H | yes | 2 yrs./$5,000 fine | 5 yrs. | |
| Weapons dangerous | 88 | H | yes | 2 yrs./$5,000 fine | 10 yrs. | |
| Carrying concealed weapon | 90 | H | yes | 2 yrs./$5,000 fine | 5 yrs. | |
| Unauthorized possession of firearm | 91 | H | yes | 2 yrs./$5,000 fine | 5 yrs. | |
| Possession of firearm knowing possession unauthorized | 92 | I | 1 yr. for 2d offence; 2 yrs. less a day for 3d | yes (first offence only) | 10 yrs. | |
| Possession of restricted weapon with ammunition | 95 | H | 3 yrs.for 1st offence*;5 yrs. for 2d(indictment only) | yes (summary conviction only)** | 2 yrs./$5,000 fine | 10 yrs. |
* This mandatory minimum sentence was struck down by the Supreme Court of Canada in R. v. Nur in 2015 as it was found to violate the constitutional protection against cruel and unusual punishment.
** As the mandatory minimum sentence has been struck down – though not repealed – a discharge is arguably now available for a first offence prosecuted by indictment. (A discharge is not available for offences accompanied by a minimum penalty.)
