Section 86 of the Criminal Code requires that all firearms in Canada be properly stored and used in accordance with the rules of the Firearms Act.
If a person is found guilty of improperly store a firearm or ammunition, that person can be jailed up to 2 years in jail for first offence and up to 5 years for subsequent offences.
There are different requirements for storing different types of firearms. The details a re listed below:
Non-restricted Firearms:
- Unloaded;
- Stored away from readily accessible ammunition; and
- Rendered inoperable by means of a secure locking device or the removal of the bolt/bolt-carrier; or
- Stored in a place that is securely locked
Cropped photo of an experienced military woman taking off the safety catch on her weaponRestricted and Prohibited Firearm:
- Unloaded;
- Stored away from readily accessible ammunition; and
- Rendered inoperable by means of a secure locking device and stored in a place that is securely locked; or
- Stored in a securely locked vault, safe or room that has been specifically constructed or modified for the secure storage of restricted firearms
What is the careless storage of firearms?
If you stored your firearms, devices or ammunition not in accordance with what have been stipulated by the Firearm Act and its regulations, you can be charged with careless storage.
Firearm ownership impose a duty on people who are in possession of firearms, devices and ammunitions to exercise diligence and due care. Failing to do so can attract serious criminal liabilities even for people without any prior criminal convictions.
Defences to the careless storage of firearms:
Each case is different and highly dependent on the evidence that is admissible. Possible defences to the careless storage of firearms include:
- The Crown’s failure to prove you did not take reasonable care when storing your firearm;
- you did not adhere to the regulations, but you did carry out due diligence in an effort to comply;
- there was a manufacturer defect;
- the firearm is not covered by the regulations; or
- the firearm was not under your control, meaning you are not the person who is responsible for its storage.
Being charged with a firearm related offence is a serious matter. Please contact Jake at 647-390-1131 or email at jake.shen@11d.ca as soon as possible.