| Meaning of
``holder''
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(4) For the purposes of this Part, a person is
the holder of
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(a) an authorization or a licence if the
authorization or licence has been issued to
the person and the person continues to hold
it; and
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(b) a registration certificate for a firearm if
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(i) the registration certificate has been
issued to the person and the person
continues to hold it, or
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(ii) the person possesses the registration
certificate with the permission of its
lawful holder.
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| Using firearm
in commission
of offence
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85. (1) Every person commits an offence
who uses a firearm
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(a) while committing an indictable offence,
other than an offence under section 220
(criminal negligence causing death), 236
(manslaughter), 239 (attempted murder),
244 (causing bodily harm with
intent - firearm), 272 (sexual assault with
a weapon), 273 (aggravated sexual assault),
279 (kidnapping), 279.1 (hostage-taking),
344 (robbery) or 346 (extortion),
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(b) while attempting to commit an
indictable offence, or
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(c) during flight after committing or
attempting to commit an indictable offence,
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whether or not the person causes or means to
cause bodily harm to any person as a result of
using the firearm.
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| Using
imitation
firearm in
commission
of offence
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(2) Every person commits an offence who
uses an imitation firearm
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(a) while committing an indictable offence,
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(b) while attempting to commit an
indictable offence, or
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(c) during flight after committing or
attempting to commit an indictable offence,
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whether or not the person causes or means to
cause bodily harm to any person as a result of
using the imitation firearm.
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| Punishment
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(3) Every person who commits an offence
under subsection (1) or (2) is guilty of an
indictable offence and liable
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(a) in the case of a first offence, except as
provided in paragraph (b), to imprisonment
for a term not exceeding fourteen years and
to a minimum punishment of imprisonment
for a term of one year;
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(b) in the case of a first offence committed
by a person who, before January 1, 1978,
was convicted of an indictable offence, or
an attempt to commit an indictable offence,
in the course of which or during flight after
the commission or attempted commission
of which the person used a firearm, to
imprisonment for a term not exceeding
fourteen years and to a minimum
punishment of imprisonment for a term of
three years; and
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(c) in the case of a second or subsequent
offence, to imprisonment for a term not
exceeding fourteen years and to a minimum
punishment of imprisonment for a term of
three years.
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| Sentences to
be served
consecutively
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(4) A sentence imposed on a person for an
offence under subsection (1) or (2) shall be
served consecutively to any other punishment
imposed on the person for an offence arising
out of the same event or series of events and
to any other sentence to which the person is
subject at the time the sentence is imposed on
the person for an offence under subsection (1)
or (2).
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| Careless use
of firearm,
etc.
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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.
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| Contravention
of storage
regulations,
etc.
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(2) Every person commits an offence who
contravenes a regulation made under
paragraph 117(h) of the Firearms Act
respecting the storage, handling,
transportation, shipping, display, advertising
and mail-order sales of firearms and restricted
weapons.
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| Punishment
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(3) Every person who commits an offence
under subsection (1) or (2)
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(a) is guilty of an indictable offence and
liable to imprisonment
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(i) in the case of a first offence, for a term
not exceeding two years, and
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(ii) in the case of a second or subsequent
offence, for a term not exceeding five
years; or
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(b) is guilty of an offence punishable on
summary conviction.
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| Pointing a
firearm
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87. (1) Every person commits an offence
who, without lawful excuse, points a firearm
at another person, whether the firearm is
loaded or unloaded.
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| Punishment
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(2) Every person who commits an offence
under subsection (1)
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(a) is guilty of an indictable offence and
liable to imprisonment for a term not
exceeding five years; or
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(b) is guilty of an offence punishable on
summary conviction.
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| Possession of
weapon for
dangerous
purpose
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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.
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| Punishment
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(2) Every person who commits an offence
under subsection (1)
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(a) is guilty of an indictable offence and
liable to imprisonment for a term not
exceeding ten years; or
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(b) is guilty of an offence punishable on
summary conviction.
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| Carrying
weapon while
attending
public
meeting
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89. (1) Every person commits an offence
who, without lawful excuse, carries a weapon,
a prohibited device or any ammunition or
prohibited ammunition while the person is
attending or is on the way to attend a public
meeting.
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| Punishment
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(2) Every person who commits an offence
under subsection (1) is guilty of an offence
punishable on summary conviction.
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| Carrying
concealed
weapon
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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.
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| Punishment
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(2) Every person who commits an offence
under subsection (1)
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(a) is guilty of an indictable offence and
liable to imprisonment for a term not
exceeding five years; or
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(b) is guilty of an offence punishable on
summary conviction.
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| Unauthorized
possession of
firearm
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91. (1) Subject to subsections (4) and (5)
and section 98, every person commits an
offence who possesses a firearm, unless the
person is the holder of
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(a) a licence under which the person may
possess it; and
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(b) a registration certificate for the firearm.
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| Unauthorized
possession of
prohibited
weapon or
restricted
weapon
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(2) Subject to subsection (4) and section 98,
every person commits an offence who
possesses a prohibited weapon, a restricted
weapon, a prohibited device, other than a
replica firearm, or any prohibited
ammunition, unless the person is the holder of
a licence under which the person may possess
it.
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| Punishment
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(3) Every person who commits an offence
under subsection (1) or (2)
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(a) is guilty of an indictable offence and
liable to imprisonment for a term not
exceeding five years; or
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(b) is guilty of an offence punishable on
summary conviction.
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| Exceptions
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(4) Subsections (1) and (2) do not apply to
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(a) a person who possesses a firearm, a
prohibited weapon, a restricted weapon, a
prohibited device or any prohibited
ammunition while the person is under the
direct and immediate supervision of a
person who may lawfully possess it, for the
purpose of using it in a manner in which the
supervising person may lawfully use it; or
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(b) a person who comes into possession of
a firearm, a prohibited weapon, a restricted
weapon, a prohibited device or any
prohibited ammunition by the operation of
law and who, within a reasonable period
after acquiring possession of it,
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(i) lawfully disposes of it, or
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(ii) obtains a licence under which the
person may possess it and, in the case of
a firearm, a registration certificate for the
firearm.
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| Borrowed
firearm for
sustenance
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(5) Subsection (1) does not apply to a person
who possesses a firearm that is neither a
prohibited firearm nor a restricted firearm and
who is not the holder of a registration
certificate for the firearm if the person
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(a) has borrowed the firearm;
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(b) is the holder of a licence under which the
person may possess it; and
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(c) is in possession of the firearm to hunt or
trap in order to sustain the person or the
person's family.
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| Possession of
firearm
knowing its
possession is
unauthorized
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92. (1) Subject to subsections (4) and (5)
and section 98, every person commits an
offence who possesses a firearm knowing that
the person is not the holder of
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(a) a licence under which the person may
possess it; and
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(b) a registration certificate for the firearm.
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| Possession of
prohibited
weapon,
device or
ammunition
knowing its
possession is
unauthorized
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(2) Subject to subsection (4) and section 98,
every person commits an offence who
possesses a prohibited weapon, a restricted
weapon, a prohibited device, other than a
replica firearm, or any prohibited ammunition
knowing that the person is not the holder of a
licence under which the person may possess it.
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| Punishment
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(3) Every person who commits an offence
under subsection (1) or (2) is guilty of an
indictable offence and liable
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(a) in the case of a first offence, to
imprisonment for a term not exceeding ten
years;
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(b) in the case of a second offence, to
imprisonment for a term not exceeding ten
years and to a minimum punishment of
imprisonment for a term of one year; and
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(c) in the case of a third or subsequent
offence, to imprisonment for a term not
exceeding ten years and to a minimum
punishment of imprisonment for a term of
two years less a day.
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| Exceptions
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(4) Subsections (1) and (2) do not apply to
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(a) a person who possesses a firearm, a
prohibited weapon, a restricted weapon, a
prohibited device or any prohibited
ammunition while the person is under the
direct and immediate supervision of a
person who may lawfully possess it, for the
purpose of using it in a manner in which the
supervising person may lawfully use it; or
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(b) a person who comes into possession of
a firearm, a prohibited weapon, a restricted
weapon, a prohibited device or any
prohibited ammunition by the operation of
law and who, within a reasonable period
after acquiring possession of it,
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(i) lawfully disposes of it, or
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(ii) obtains a licence under which the
person may possess it and, in the case of
a firearm, a registration certificate for the
firearm.
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| Borrowed
firearm for
sustenance
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(5) Subsection (1) does not apply to a person
who possesses a firearm that is neither a
prohibited firearm nor a restricted firearm and
who is not the holder of a registration
certificate for the firearm if the person
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(a) has borrowed the firearm;
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(b) is the holder of a licence under which the
person may possess it; and
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(c) is in possession of the firearm to hunt or
trap in order to sustain the person or the
person's family.
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| Evidence for
previous
conviction
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(6) Where a person is charged with an
offence under subsection (1), evidence that
the person was convicted of an offence under
subsection 112.1(1) of the Firearms Act is
admissible at any stage of the proceedings and
may be taken into consideration for the
purpose of proving that the person knew that
the person was not the holder of a registration
certificate for the firearm to which the offence
relates.
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| Possession at
unauthorized
place
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93. (1) Subject to subsection (3) and section
98, every person commits an offence who,
being the holder of an authorization or a
licence under which the person may possess a
firearm, a prohibited weapon, a restricted
weapon, a prohibited device or prohibited
ammunition, possesses the firearm, prohibited
weapon, restricted weapon, prohibited device
or prohibited ammunition at a place that is
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(a) indicated on the authorization or licence
as being a place where the person may not
possess it;
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(b) other than a place indicated on the
authorization or licence as being a place
where the person may possess it; or
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(c) other than a place where it may be
possessed under the Firearms Act.
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| Punishment
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(2) Every person who commits an offence
under subsection (1)
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(a) is guilty of an indictable offence and
liable to imprisonment for a term not
exceeding five years; or
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(b) is guilty of an offence punishable on
summary conviction.
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| Exception
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(3) Subsection (1) does not apply to a person
who possesses a replica firearm.
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| Unauthorized
possession in
motor vehicle
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94. (1) Subject to subsections (3) to (5) and
section 98, every person commits an offence
who is an occupant of a motor vehicle in which
the person knows there is a firearm, a
prohibited weapon, a restricted weapon, a
prohibited device, other than a replica
firearm, or any prohibited ammunition, unless
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(a) in the case of a firearm,
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(i) the person or any other occupant of the
motor vehicle is the holder of
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(A) an authorization or a licence under
which the person or other occupant
may possess the firearm and, in the
case of a prohibited firearm or a
restricted firearm, transport the
prohibited firearm or restricted
firearm, and
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(B) a registration certificate for the
firearm,
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(ii) the person had reasonable grounds to
believe that any other occupant of the
motor vehicle was the holder of
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(A) an authorization or a licence under
which that other occupant may possess
the firearm and, in the case of a
prohibited firearm or a restricted
firearm, transport the prohibited
firearm or restricted firearm, and
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(B) a registration certificate for the
firearm, or
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(iii) the person had reasonable grounds to
believe that any other occupant of the
motor vehicle was a person who could
not be convicted of an offence under this
Act by reason of sections 117.07 to 117.1
or any other Act of Parliament; and
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