Canada has strict laws surrounding the transfer, possession, and storage of firearms, and these offences are treated seriously under the Criminal Code and the Firearms Act. Many individuals facing these charges are unaware that even a technical breach, like improper storage or transferring a firearm without proper documentation, can result in criminal consequences. If you or someone you know is being investigated for a firearms-related offence, it is critical to understand the firearms law and to speak with a lawyer.
What Is “Transfer” and “Storage” of a Firearm?
Under section 84(1) of the Criminal Code, transfer refers to “sell, barter, give, lend, rent, send, transport, ship, or deliver.” This means any movement or exchange of a firearm, even temporarily loaning a gun to a friend at a shooting range, can be considered a transfer. If you do not have the appropriate licence or authorization such as a valid Possession and Acquisition Licence (PAL) you may be committing a criminal offence.
Storage refers to how a firearm is secured when it is not being used. Section 86(1) of the Criminal Code prohibits the careless storage, handling, or transportation of a firearm. Firearms must be unloaded, locked in a secure container or room, and, in some cases, disabled with a trigger lock. What counts as “secure” depends on the class of firearm involved and the circumstances.
Examples of Offences
These offences often arise in everyday scenarios. A person may face charges for leaving a hunting rifle unsecured in a vehicle, even if it is not loaded. Others may be charged for transferring a shotgun to a family member without completing the proper paperwork. Even someone moving homes with a legally owned firearm can be charged if the transportation is done improperly or without notifying the Chief Firearms Officer when required.
What Section Governs These Offences?
The main sections include:
- Section 86(1) – Careless use, storage, handling, or transport of a firearm or prohibited weapon.
- Section 91(1) – Unauthorized possession of a firearm.
- Section 92(1) – Possession of a firearm knowing its possession is unauthorized.
- Section 99 – Weapons trafficking (includes transferring a firearm without proper authorization).
- Section 100 – Possession for the purpose of weapons trafficking.
Under section 117.03 of the Criminal Code, police may also seize improperly stored firearms and apply for their forfeiture, even without laying charges.
Are These Offences Hybrid?
Yes. Many firearm offences, including unauthorized transfer or improper storage, are hybrid offences, meaning the Crown can proceed either summarily or by indictment, depending on the severity of the situation and the accused’s record. This gives prosecutors discretion and also allows more flexibility in how a case is defended.
Is a Preliminary Inquiry Available?
Preliminary inquiries are only available when the Crown proceeds by indictment and the offence carries a maximum sentence of 14 years or more. While offences like careless storage may not meet this threshold, serious charges like weapons trafficking (section 99) or unauthorized possession (section 92) can qualify, making an accused eligible for a preliminary hearing to test the Crown’s evidence.
Mandatory Minimum Sentences and Sentencing Range
Not all firearm offences carry mandatory minimums, but some do. For example:
Section 92(3) imposes a one-year minimum sentence on a first offence of unauthorized possession of a firearm in certain circumstances, such as loaded handguns.
Section 95(2) (possessing a restricted or prohibited firearm with readily accessible ammunition) previously carried mandatory minimums—but these were struck down by the Supreme Court in R. v. Nur, 2015 SCC 15, which ruled that such sentences were unconstitutional in some cases.
In general, summary offences may carry up to 2 years less a day, while indictable proceedings can result in sentences ranging from 1 year to 10+ years, depending on the circumstances. Judges will consider whether the firearm was used, loaded, stored unsafely, trafficked, or used in another criminal act.
Types of Firearms: Know the Classes
Canadian law classifies firearms into three categories under the Firearms Act:
- Non-restricted – Typical hunting rifles and shotguns.
- Restricted – Certain handguns and semi-automatic rifles.
- Prohibited – Fully automatic firearms, sawed-off shotguns, or other banned weapons.
The rules for storage, transport, and transfer vary depending on the classification. For example, a restricted firearm cannot be transferred without an Authorization to Transport (ATT), and must be stored with a trigger lock and in a locked container.
Courts have clarified these issues in cases like:
- v. Nur, 2015 SCC 15 struck down mandatory minimums for certain firearm offences due to Charter violations.
- v. Felawka, [1993] 4 SCR 199 emphasized that the presence of a firearm, even without use, creates danger and elevates the seriousness of the offence.
- v. Wiles, 2005 SCC 84 clarified the broad definition of “weapon” and supported the importance of safe storage and licensing.
Also noting that even first-time offenders may receive custodial sentences if their handling of the firearm created significant public risk, especially in urban environments or public places.
Facing Firearm Charges?
Firearms offences are often highly technical, and the difference between a conviction and acquittal may come down to paperwork, timing, or a misunderstanding. These cases can have serious consequences including jail time, firearms prohibitions, and a permanent criminal record.
If you are facing any firearms-related charges or police have seized your firearms, contact a criminal defence lawyer immediately. Your rights and your licence could be at stake.
📞 Call Linh Pham at (306) 502-5987 for a free consultation today.
Legal references:
- Criminal Code of Canada: ss. 84(1), 86(1), 91(1), 92(1), 99, 100
- v. Nur, 2015 SCC 15 – https://canlii.ca/t/gg2gr
- v. Wiles, 2005 SCC 84 – https://canlii.ca/t/1mhmf
- v. Felawka, [1993] 4 SCR 199 – https://canlii.ca/t/1frqq