Introduction to Unsafe Storage Charges
Facing an unsafe storage charge can be an overwhelming experience.
Canadian law strictly regulates firearm storage, and even a minor mistake can lead to criminal charges.
Although some individuals believe that honest errors or minor oversights are excusable, the courts often take a very different view.
In Southern Ontario, where both urban and rural lifestyles frequently intersect with gun ownership, understanding how unsafe storage laws operate is crucial.
This guide provides a detailed look at the legal framework, possible defences, penalties, and how professional assistance from a paralegal service can make a significant difference.
Legal Basis for an Unsafe Storage Charge
Under Section 86(2) of the Criminal Code of Canada, it is an offence to contravene regulations made under Section 117(h) of the Firearms Act:
"Every person commits an offence who contravenes a regulation made under paragraph 117(h) respecting the storage, handling, transportation, shipping, display, advertising and mail-order sales of firearms and restricted weapons."
In practice, this means that improper firearm storage — even if accidental — may lead to serious criminal sanctions.
The regulations are primarily detailed in the Storage, Display, Transportation and Handling of Firearms by Individuals Regulations.
These regulations outline how different classes of firearms — non-restricted, restricted, and prohibited — must be stored.
Key Storage Rules You Must Follow
To avoid facing an unsafe storage charge, firearm owners must:
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Store non-restricted firearms unloaded and securely locked or rendered inoperable.
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Store restricted and prohibited firearms unloaded, secured with a locking device, and locked in a sturdy container or safe.
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Store ammunition separately or locked up with the firearm in compliance with regulations.
Even minor deviations from these requirements — such as leaving a firearm temporarily unlocked — can lead to an unsafe storage charge.
Examples of Unsafe Storage Situations
Real-world examples of unsafe storage allegations include:
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Storing a hunting rifle in a garage without a trigger lock.
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Keeping a loaded shotgun under the bed, even if intended for self-defence.
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Leaving restricted firearms in an unlocked cabinet, even if the building is secured.
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Ammunition and firearms stored together without any locking mechanisms.
In each situation, courts have upheld charges where the Crown proved the violation beyond a reasonable doubt.
What Should You Do If Charged with Unsafe Storage?
If you are arrested or investigated for an unsafe storage charge, follow these critical steps:
1. Exercise Your Right to Silence
Say nothing beyond providing basic identification.
The more you speak, the more likely you are to unintentionally assist the prosecution's case.
2. Contact Legal Representation Immediately
Do not delay.
Even a minor mistake early on can have serious consequences.
A licensed paralegal experienced in firearms offence cases can often intervene to protect your rights at an early stage.
3. Document Everything
Immediately make detailed notes about:
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The circumstances leading up to the police investigation.
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How your firearms were stored.
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How officers conducted their search.
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Whether you were shown a warrant (if applicable).
Your detailed account may uncover procedural mistakes or constitutional violations that could help your defence.
Elements the Crown Must Prove
The Crown must prove:
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Possession of the firearm.
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Failure to comply with storage regulations.
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Knowledge or control over the location where the firearms were found.
Because the offence focuses heavily on the act itself (actus reus), proving a lack of intent to break the law is often not a defence.
However, technical compliance, reasonable excuses, or Charter violations can form the basis of a strong legal argument.
Defences to an Unsafe Storage Charge
Although unsafe storage is treated seriously, several defences may apply, including:
1. Technical Compliance
Demonstrating that your firearm storage methods technically met the legal standards, even if unconventional, can lead to an acquittal.
2. Charter Challenges
If police violated your Charter rights during a search or seizure, evidence may be excluded under Section 24(2) of the Charter of Rights and Freedoms.
3. Reasonable Excuse
In rare circumstances, extraordinary situations (such as emergencies) can justify deviations from storage regulations.
Penalties for Unsafe Storage of Firearms
Penalties for an unsafe storage charge vary depending on whether the Crown proceeds by indictment or summary conviction:
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Indictment:
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First offence: Up to two years’ imprisonment.
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Subsequent offences: Up to five years’ imprisonment.
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Summary Conviction:
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Maximum two years less a day in custody and/or a $5,000 fine.
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Importantly, every conviction carries mandatory penalties, including:
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10-year weapons prohibition (first offence)
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Lifetime weapons prohibition (subsequent offences)
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Entry onto CPIC (Canadian Police Information Centre) database
Even non-custodial sentences, like discharges or fines, result in long-term consequences for firearm ownership and travel eligibility.
How Firearms Offences Impact Your Future
Being found guilty of a firearms offence — even a relatively minor one like unsafe storage — can severely impact your life:
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Employment: Many employers conduct background checks. A conviction for a firearms offence can end certain careers, especially in security, law enforcement, and government work.
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Travel: Convictions can bar you from entry into countries like the United States.
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Firearm Ownership: You may lose your ability to legally possess firearms permanently.
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Reputation: Community stigma attached to any criminal conviction can be difficult to overcome.
Given these consequences, fighting an unsafe storage charge effectively is vital.
Role of a Paralegal in Unsafe Storage Cases
A licensed paralegal is authorized to represent you if the Crown proceeds summarily.
They are a cost-effective option compared to hiring a full criminal lawyer and can:
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Negotiate early resolution with the Crown.
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Raise complex technical arguments regarding firearm storage compliance.
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Challenge unlawful searches under the Charter.
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Cross-examine officers and Crown witnesses effectively.
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Assist with applications for discharges or other lenient sentencing options.
Paralegals often have a deep understanding of firearms offences and the technicalities surrounding them, making them a strong advocate for those charged with unsafe storage.
Relevant Case Law on Unsafe Storage Charges
Several cases highlight how courts interpret unsafe storage requirements:
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R. v. Felawka, [1993] 4 S.C.R. 199
(Storage laws must balance public safety concerns with responsible ownership.) -
R. v. Finta, [1994] 1 S.C.R. 701
(Charter rights apply to search and seizure of property, including firearms.) -
R. v. Potvin, [2012] ONSC 1321
(Technical compliance with safe storage regulations is crucial; even small failures can result in conviction.)
Understanding how courts apply these decisions to everyday situations can be key in building a winning defence strategy.
Conclusion: Protect Yourself Against an Unsafe Storage Charge
Facing an unsafe storage charge is stressful and can have lasting consequences.
However, early legal intervention, a clear understanding of your rights, and careful documentation can give you a fighting chance.
If you are facing charges, do not delay.
Professional legal help can often reduce or even eliminate the most severe penalties.
At Cambium Legal Services, we are committed to providing strong, affordable defence for anyone facing a firearms offence in Southern Ontario.
Call (833) 222-6529 today to schedule your confidential consultation.
Your future deserves the best defence possible.
