Table of Contents
Firearms and other offensive weapons offenses under Part III of the Criminal Code of Canada cover a broad range of conduct involving guns, knives, prohibited devices, and related items. This category, tracked by police as UCR Code 3720, includes offences such as careless storage or use of a firearm, possessing a weapon for a dangerous purpose, and carrying a concealed weapon without authorization. These are generally hybrid offences, meaning the Crown can choose to proceed either by summary conviction or by indictment depending on the seriousness of the circumstances. Together, these laws are designed to regulate how firearms and weapons are possessed, used, transported, and stored in order to protect public safety while recognizing that Canadians may lawfully own and use firearms in certain circumstances. When people search for a “firearms offense Canada,” they are often dealing with one or more of these Part III charges.
The Legal Definition
s. 86(1): “Every person commits an offence who, without lawful excuse, uses, carries, handles, ships, transports or stores a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any ammunition or prohibited ammunition in a careless manner or without reasonable precautions for the safety of other persons.”
s. 88(1): “Every person commits an offence who carries or possesses a weapon, an imitation of a weapon, a prohibited device or any ammunition or prohibited ammunition for a purpose dangerous to the public peace or for the purpose of committing an offence.”
s. 90(1): “Every person commits an offence who carries a weapon, a prohibited device or any prohibited ammunition concealed, unless the person is authorized under the Firearms Act to carry it concealed.”
These provisions, found in Part III of the Criminal Code (ss. 84–117.99), set out the core elements of some of the most common firearms and weapons charges. Section 86(1) focuses on how a firearm or other listed item is handled: it is an offence to use, carry, transport, or store it in a “careless manner” or without “reasonable precautions” for the safety of others. Section 88(1) addresses why a weapon is possessed: having a weapon or imitation weapon for a purpose dangerous to the public peace, or to commit another offence, is itself criminal. Section 90(1) targets concealment: carrying a weapon in a hidden way is illegal unless a specific authorization under the Firearms Act applies.
In plain English, these laws do not criminalize every act of owning or handling a firearm. Instead, they target situations where the firearm or weapon poses an unreasonable risk to others or is being used in connection with crime. The wording “without lawful excuse” and the reference to authorization under the Firearms Act show that there is room for lawful possession and use—for example, by licensed owners, hunters, target shooters, or people acting under police or security authority. However, when the Crown can prove beyond a reasonable doubt that carelessness, dangerous purpose, or unlawful concealment occurred, a firearms offense in Canada becomes a serious criminal matter with lasting consequences.
Penalties & Sentencing Framework
- Mandatory minimum penalty: None for these Part III offences (s. 86, 88, 90).
- Maximum penalty (s. 86 – careless use/storage, etc.):
- Indictable (first offence): up to 2 years imprisonment.
- Indictable (subsequent offence): up to 5 years imprisonment.
- Summary conviction: up to 6 months imprisonment or a lesser penalty under s. 786(2).
- Maximum penalty (s. 88 – possession for dangerous purpose):
- Indictable: up to 10 years imprisonment.
- Summary conviction: up to 6 months imprisonment or a lesser penalty under s. 786(2).
- Maximum penalty (s. 90 – concealed weapon):
- Indictable: up to 5 years imprisonment.
- Summary conviction: up to 6 months imprisonment or a lesser penalty under s. 786(2).
- Offence classification: Hybrid (can proceed by indictment or summary conviction).
Although there are no mandatory minimum sentences for these particular firearms and weapons offences, the maximum penalties are serious, especially for possession for a dangerous purpose under s. 88, which carries up to 10 years on indictment. The fact that these are hybrid offences is critical. The Crown’s election to proceed by indictment or summary conviction shapes the potential exposure: indictment opens the door to longer prison sentences and more formal superior court processes, while summary proceedings are generally reserved for less serious circumstances and carry lower maximum penalties and shorter limitation periods.
Sentencing judges must consider many factors when imposing a sentence for a firearms offense in Canada under Part III. Courts look closely at the nature of the weapon (firearm vs. knife vs. prohibited device), whether it was loaded, how it was stored or carried, whether it was used or brandished, and whether there was any actual harm or real risk to the public. For example, careless storage of a hunting rifle in a rural home with no children present will usually be treated differently than leaving a loaded handgun accessible in a crowded urban residence. Prior criminal record—especially prior weapons or violence-related convictions—also strongly influences the sentence. Even though no minimum term is required, jail is very common for serious cases involving public endangerment, dangerous purpose, or concealed weapons in public spaces.
Another key nuance is that these Part III offences often appear alongside other charges. A person charged with s. 88 (possession for dangerous purpose) may also face assault, robbery, or drug trafficking counts, depending on the facts. In such cases, the overall sentence must reflect the totality of the criminal conduct, and the firearms or weapons element is treated as an aggravating factor in assessing risk and harm. Conversely, where the risk is low, there is genuine remorse, and the offender has strong rehabilitative prospects, courts may consider conditional discharges, fines, or community-based sentences for less serious summary conviction matters, particularly for first-time offenders.
Common Defenses
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Lawful excuse
“Without lawful excuse” appears explicitly in s. 86(1) and s. 88(1) and functions as an essential element the Crown must prove. A lawful excuse is not limited to one fixed list; it depends on the context. In the careless use or storage context (s. 86), a lawful excuse could include a situation where handling or transporting the firearm in a particular way was reasonably necessary and consistent with safety—for example, brief handling to secure or unload an unexpectedly discovered weapon, or following accepted range or hunting safety procedures. For s. 88, a lawful excuse might arise where the possession of a weapon is genuinely necessary for work or protection in a narrowly defined and lawful context, and not for a purpose dangerous to the public peace or to commit another offence. The defence will aim to show either that there was a lawful excuse consistent with safety and legality, or that the Crown has failed to disprove it beyond a reasonable doubt.
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Authorization under the Firearms Act
Section 90(1) specifically exempts people “authorized under the Firearms Act to carry [a weapon] concealed.” This defence turns on the existence and scope of a valid authorization, licence, registration certificate, or permit. For example, certain security personnel, armoured car employees, or peace officers may hold authorizations that permit them to carry firearms or specific weapons in ways that would otherwise be illegal for the general public. If the accused can show that they were acting within the terms of a valid authorization at the time of the alleged concealed carry or possession, the conduct may fall fully within the statutory exception. The Crown must then prove either that no valid authorization existed, or that the accused’s conduct exceeded the authority granted (for instance, carrying in a prohibited location or manner not covered by the permit). Because firearms regulation in Canada is highly document-driven, records from the Canadian Firearms Program and related agencies often play a central role in establishing or challenging this defence.
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Direct supervision by an authorized person
While direct supervision is more explicitly referenced in s. 91(2)(a) for unlicensed possession, the principle can be relevant in assessing alleged careless use, storage, or possession offences under Part III. In many legitimate settings—such as shooting ranges, training courses, or supervised hunting trips—individuals may handle firearms while under the immediate and direct supervision of someone who is licensed and authorized. In such situations, the defence may argue that the supervised person was not independently responsible for licensing or for certain aspects of storage/transport, or that the precautions taken under the supervisor’s direction met the standard of “reasonable precautions for the safety of other persons.” If the Crown cannot prove that the supervised individual personally fell below the legal standard of care, or that the arrangement itself was unlawful, the charge may fail. However, this defence is highly fact-specific; courts will examine how close the supervision truly was, what instructions were given, and whether safety protocols consistent with the Criminal Code and the Firearms Act were followed.
Real-World Example
Imagine someone storing a loaded gun on a low shelf in a busy household without securing it. Children regularly play in the area, and visitors come and go. The firearm is not locked, there is no trigger lock, and ammunition is in the gun itself. Under Part III of the Criminal Code, this behaviour could lead to a charge of careless storage under s. 86(1). Police responding to a complaint or an unrelated call might observe the firearm in plain view and seize it. They would assess whether reasonable safety precautions were taken, comparing the situation to accepted safe storage practices—such as locked cabinets and separate storage of ammunition. If the Crown can show that the firearm was stored in a way that posed a foreseeable risk to others and that no lawful excuse exists, the court is likely to find that the conduct was “careless” or lacking in “reasonable precautions for the safety of other persons.”
In determining sentence, a court would look at factors such as whether any child actually accessed the gun, whether there was a prior warning or education about proper storage, and whether the owner is otherwise a responsible, licensed firearm user. For a first-time offender with no criminal record, the Crown might elect to proceed summarily, and the court could consider a fine, probation with conditions (such as mandatory firearms safety training), or even a conditional discharge in rare, low-risk cases. For repeat or aggravated situations—especially where a child handled the firearm or there was a near-miss incident—more severe penalties, including a jail sentence and a firearms prohibition order, become much more likely.
Record Suspensions (Pardons)
For anyone convicted of a firearms offense in Canada under Part III, the long-term impact of a criminal record can be significant, affecting employment, international travel, professional licensing, and eligibility to lawfully possess firearms in the future. Under federal law, a person may apply for a record suspension (formerly called a pardon) through the Parole Board of Canada once all components of the sentence are fully completed (including jail, probation, fines, and surcharges) and a waiting period has passed. The waiting period depends on how the offence was prosecuted. For hybrid offences like those under ss. 86, 88, and 90, the waiting period will correspond to whether the Crown proceeded summarily or by indictment. A shorter waiting period applies to summary conviction matters, and a longer period applies to indictable convictions. During the record suspension process, the Parole Board looks at the person’s conduct since the offence, evidence of rehabilitation, and whether granting the suspension would bring the administration of justice into disrepute. A granted record suspension does not erase the conviction, but it separates it from other criminal records in federal repositories, helping reduce many of the ongoing collateral consequences of a firearms or weapons conviction.
Related Violations
- Careless Use of Firearms
- Possession of Weapon for Dangerous Purpose
- Carrying Concealed Weapon
