Firearms Paralegal - Unsafe Storage - Oshawa, Lindsay, Toronto, Peterborough

WHAT IS THE OFFENCE OF UNSAFE STORAGE?

The Criminal Code offence for unsafe storage is found in section 86(2):

86 (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.

Punishment

(3) Every person who commits an offence under subsection (1) or (2)

(a) is guilty of an indictable offence and liable to imprisonment

(i) in the case of a first offence, for a term not exceeding two years, and

(ii) in the case of a second or subsequent offence, for a term not exceeding five years; or

(b) is guilty of an offence punishable on summary conviction.

To further define we look at section 117(h) of the Firearms Act:

117 The Governor in Council may make regulations

(h) regulating the storage, handling, transportation, shipping, display, advertising and mail-order sale of firearms and restricted weapons and defining the expression “mail-order sale” for the purposes of this Act;

The regulation defining storage requirements is Storage, Display, Transportation and Handling of Firearms by Individuals Regulations. To read more of a break down on these regulations, see our page Understanding Firearms Storage Regulations in Canada. A complete rundown on safe storage is described on that page.

WHAT DO I DO IF I'M CHARGED WITH UNSAFE STORAGE?

The first thing to remember is be quiet, don't say anything. I cannot this stress enough! At this point, don't speak to anyone except a legal representative. The less you say, the harder their case is to prove.

Remember that this is an Actus Reus offence. This means the Crown must only prove the act. However, even the police misunderstand this law. This underscores the need for silence.

WHAT IS GOING TO HAPPEN TO ME?

Indeed, this is a question that haunts everyone this happens to. If you stayed quiet, and you did everything right, it makes your case easier. There are few defences to this charge. This is why it is important to understand that silence is so necessary.

Going forward, it is important to find out how you broke the law. In what manner did the police say you stored firearms unsafely? This could change the defence. It is also important to remember which category of weapons you were in possession of. Immediately write down or record the events, what the police did and how they did it.

SENTENCING FOR UNSAFE STORAGE

The Crown has the choice of electing to proceed by indictment or summarily. If by indictment, and it is a first offence, sentencing is a maximum of 2 years in custody. Should the Crown proceed summarily, the maximum sentence is 2 years less a day and/or a $5,000 fine. If convicted, a mandatory weapons prohibition must be implemented, and is in effect for 10 years. This increases to a lifetime prohibition on a second conviction.

More sentencing provisions do exist beyond jail. Discharges, fines, and suspended sentences are all available. However, the conviction will still mean a weapons prohibition.

If you are charged with unsafe storage, and the Crown has elected to proceed summarily, a paralegal is a more affordable choice than a firearms lawyer. Contact Cambium Legal Services at (833) 222-6529 for a consultation and to discuss your options.