Factsheet

FEDERAL LAWS ADDRESSING GUN CRIMES

The Government of Canada takes the issue of gun violence very seriously. As an example of this commitment, a comprehensive offence and penalty scheme for firearm offences was introduced in 1995. Next to murder, the penalties for firearm offences are the harshest in the entire Criminal Code.

The criminal use of firearms is prohibited under the Criminal Code (Part III, Firearms and Other Weapons). These wide-ranging illegal activities are set out in the following offences, backed by the stated penalties.

Use of Firearm Offences

• Use of a firearm in the commission of criminal negligence causing death, manslaughter, attempted murder, aggravated sexual assault, kidnapping, hostage-taking, robbery or extortion (minimum of four years, with maximum of life),
• Causing bodily harm with intent using a firearm or sexual assault with a weapon (using a firearm) (minimum of four years, maximum of 14 years)
• Use of firearm or imitation in the commission of an indictable offence (minimum of one year consecutive on first offence, three years consecutive on a second or subsequent offence, maximum of 14 years)
• Pointing a firearm at another person (maximum of five years)
• Careless use or storage (maximum of two years on a first offence or five years on a subsequent offence)

Possession of Firearm Offences

• Possession of restricted or prohibited firearms with ammunition (if on indictment, to a minimum of one year and a maximum of 10 years, if by summary conviction, to a maximum of one year)
• Possession of a weapon obtained by crime (on indictment – minimum of one year and a maximum of 10 years, if by summary conviction, a maximum of one year)
• Possession of a firearm knowing it is unauthorized (minimum of one year on a second offence, minimum two years less a day on a third or subsequent offence, maximum of 10 years)
• Unauthorized possession of a firearm (maximum of five years)
• Possession of a weapon for a purpose dangerous to the public peace (maximum of 10 years)
• Possession of a firearm at an unauthorized place (maximum of five years)
• Possession of a firearm in a motor vehicle (maximum of 10 years)
• Possession of a firearm contrary to court order or failure to surrender documents (maximum of 10 years)
• Carrying a concealed weapon (maximum of 10 years)
• Carrying a firearm while attending a public meeting (maximum of six months and/or $2,000 fine)

Import and Export Firearm Offences (Smuggling)

• Importing or exporting a firearm knowing it is unauthorized (minimum of one year, maximum of 10 years)
• Unauthorized importing or exporting of a firearm (maximum of five years)

Trafficking of Firearm Offences ("transfer" means to sell, provide, barter, give, lend, rent, send, transport, ship, distribute or deliver)

• Weapons trafficking (minimum of one year, maximum of 10 years)
• Possession for the purpose of trafficking (minimum of one year, maximum of 10 years)
• Transfer a firearm without authority (maximum of five years)

Other Firearm-related Offences

• Making an automatic firearm ( on indictment – a minimum of one year and a maximum of 10 years, if by summary conviction, a maximum of one year)
• Altering, defacing or removing the serial number of a firearm (maximum of five years)
• Failing to report or making a false statement about a lost, stolen, found or destroyed firearm (maximum of five years)

The Criminal Code also authorizes the making of orders to prohibit the possession of firearms and other weapons.

Prohibition Orders are Mandatory Following Conviction for:

• Any indictable offence in which violence against a person was used, threatened or attempted and for which a maximum penalty of 10 years may be imposed
• Specific firearm-related offences (e.g. use, trafficking, smuggling, possession of restricted or prohibited firearm with ammunition)
• Drug trafficking or possession for the purpose of trafficking
• Any firearm-related offence committed while already prohibited from possessing firearms or other weapons
• Duration (commences after release from custody): 10 years, for non-restricted firearms, and life, for restricted and prohibited firearms; if on a second conviction, for life for any firearm.

Discretionary Prohibition Orders

• Any other offence in which violence against a person was used, threatened or attempted
• Any firearm-related offence committed while not already prohibited from possessing firearms or other weapons
• Duration (commences after release from custody): 10 years.

Preventive Prohibition Orders

• Police or firearms officer may apply to the court for a prohibition order even when a person has not committed an offence
• Applies when there are public safety concerns in relation to person against whom the order is sought or any other person

Duration : five years.

Limitation on Access Orders

• Police or firearms officers may apply to the court for an order against a person who lives or associates with a person who is prohibited from possessing firearms or other weapons
• The limitation on access order sets out conditions on the person's use and possession of firearms or other weapons in order to prevent the prohibited person from accessing or possessing such things

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