What is the penalty for illegal possession of a firearm in Canada?
Unauthorized possession of a firearm (s.91) is a hybrid offence with a maximum of five years by indictment. Possession of a loaded or readily accessible restricted or prohibited firearm (s.95) is more serious, carrying a maximum of 10 years, and courts frequently impose penitentiary terms even without a mandatory minimum.
Are there mandatory minimum sentences for gun crimes in Canada?
Some remain and some were repealed. Bill C-5 (2022) eliminated mandatory minimums for several firearms offences, and the s.95 minimum was earlier struck down in R v Nur. However, offences like using a firearm in an offence (s.85) and weapons trafficking (s.99) still carry mandatory minimums.
What is the penalty for using a firearm in a crime?
Using a firearm while committing an indictable offence (s.85) carries a mandatory minimum of one year for a first offence and three years for a second or subsequent, and that sentence must be served consecutively to the sentence for the underlying offence, up to a 14-year maximum.
Will I lose my firearms licence after a weapons conviction?
Almost certainly. A firearms conviction typically triggers a mandatory firearms prohibition order, commonly 10 years for a first offence and up to life for serious or repeat offences, along with forfeiture of the firearm and revocation of any firearms licence.
Is careless storage of a firearm a criminal offence?
Yes. Careless use, carrying, handling, or storage of a firearm (s.86) is a criminal offence, punishable on summary conviction by up to two years less a day, and by up to five years on indictment for a repeat offence. It is charged even where there was no intent to harm anyone.