The following are a few of the criminal offences related to firearm possession. There are numerous other criminal offences related to firearms and this text does not cover them all.
Storage
Firearm storage that does not comply with the Storage, Display, Transportation and Handling of Firearms by Individuals Regulations constitutes a criminal offence (Section 86 (2) Criminal Code). This offence is liable to a maximum sentence of two years imprisonment for a first offence when prosecuted by summary conviction (Section 86 (3) a) (i) b) Criminal Code).
Storing and hiding firearms with the intention of recovering them shortly later constitutes storage, albeit temporary. The issue of determining whether or not a brief break in use of the firearm constitutes storage should be studied by the criminal lawyer defending the client.
The user’s ignorance of the regulations concerning firearm storage is not a valid defence.
Unauthorized possession
Persons are guilty of unauthorized possession of a firearm if they do not hold the licences and certificates required by the Firearms Act (Section 91 (1) Criminal Code).
No one can plead that they did not know it was required to hold a licence to own a firearm. Persons who wrongly believed they held the valid licences and certificates should mention this fact to their lawyer, who can determine the validity of this defence given the charge.
Unauthorized possession of a firearm is liable to a maximum sentence of five years imprisonment or ten years if the persons knew consciously they did not hold the required licences and certificates (Section 91 (3) Criminal Code, Section 92 (1) (3) a) Criminal Code).
An absolute discharge is one of the many sentences that a Judge can pass for most firearm offences that do not involve a minimum sentence.
Firearm offences are very technical. Any person charged with such an offence should consult a criminal lawyer as soon as possible.
