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Criminal Code

s. 86 Careless Use of Firearm

Careless use of firearm, etc.

  • Weapons & Firearms
  • Weapons & Firearms
Maximum sentence
2 years (first offence) / 5 years (second or subsequent offence) / summary conviction
Classification
Hybrid

Last verified: June 2026 · Source: laws-lois.justice.gc.ca

The law says

Criminal Code s. 86
Verify on justice.gc.ca(opens in a new tab)
  • (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.
  • (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.
  • (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.
Amendment History (3)
  • R.S., 1985, c. C-46, s. 86
  • 1991, c. 40, s. 3
  • 1995, c. 39, s. 139

Justice Laws is the authoritative version. If this copy and it ever differ, Justice Laws wins.

Immigration

Where this offence sits under IRPA

This is a hybrid offence, so the Crown can pick the heavy track (indictment) or the light one (summary). On indictment, the top sentence is 2 years for a first offence and 5 years for a repeat (s.86(3)(a)). A conviction is treated as criminality under IRPA s.36(2). Under that ground, a foreign national is inadmissible, which means not allowed to enter or stay in Canada. It is a less serious weapons offence. It still has that effect. For a matching conviction outside Canada, deemed rehabilitation may be available after 10 years. That means time alone can be enough, with no application. For a conviction in Canada, the route is a record suspension. A sentence of more than six months in prison imposed in Canada would make it serious criminality (s.36(1)(a)).

This is how the law sorts the offence, not a reading of any one record. An officer decides each case.

IRPA sections involved

Guides that explain this section

Weapons & Firearms Conviction Entry to Canada

Related sections

Criminal Code s. 87Pointing a FirearmHybridCriminal Code s. 88Possession of Weapon for Dangerous PurposeHybridCriminal Code s. 91Unauthorized Possession of FirearmHybrid