Unsafe Storage of Firearms in Ontario

The short answer

Storing, handling or transporting a firearm carelessly, or breaking the federal storage regulations, is a criminal offence under s. 86 of the Criminal Code. This charge often catches licensed owners who are not otherwise in trouble with the law. It frequently comes up when police attend a home for another reason, such as a domestic call or a noise complaint, and see a firearm that is not properly secured. Because many people charged are first-time offenders, careful handling of the case can often protect both your record and your licence. This guide explains the rules and the options.

Two ways to commit the offence

• Careless use or storage (s. 86(1)): This covers using, carrying, handling, transporting or storing a firearm or ammunition carelessly, or without reasonable precautions for the safety of others, without a lawful excuse.
• Breaking the regulations (s. 86(2)): This covers failing to follow the federal rules on storing, handling, transporting or displaying firearms.

General storage principles

The federal regulations set different rules for each class of firearm. In general:

• Unloaded: The firearm should be unloaded when it is stored.
• Secured: It should have a secure locking device, such as a trigger or cable lock, or be kept in a locked container or room.
• Ammunition: Ammunition should be stored separately or securely.

Restricted and prohibited firearms have stricter rules. Check the current regulations or ask a firearms safety instructor if you are unsure.

Transporting firearms

The rules also cover moving firearms, such as driving to a range or a hunting area. Firearms should generally be unloaded during transport, and restricted and prohibited firearms need additional security and the right authorization. Leaving a firearm visible in an unattended vehicle can breach the rules. Many s. 86 charges arise from transport mistakes rather than storage at home.

How these cases usually start

Police often see a firearm while they are at a home for an unrelated reason, such as a family dispute, a wellness check or a call about noise. Once they see a firearm that appears to be unsecured, they may seize it and lay a charge. How police entered the home and what they were allowed to look at can become important legal questions.

What happens after you are charged

1. Seizure: Police usually seize all firearms in the home, along with ammunition and licences.
2. Release: Most people are released, often with a condition not to possess weapons.
3. Disclosure: The Crown provides police notes, photographs of how the firearm was stored and licence records.
4. Resolution or trial: Many first-time cases resolve without a conviction, while others go to trial on whether the storage met the rules.

Penalties

First offence

• By indictment: The maximum is 2 years in jail.
• By summary conviction: The maximum is 2 years less a day, a fine of up to $5,000, or both.

Second or later offence

• By indictment: The maximum is 5 years in jail.

There is no minimum sentence. A conviction can also lead to a discretionary weapons prohibition under s. 110 and the loss of your licence.

Licence consequences

A charge can lead the Chief Firearms Officer to review or revoke your licence under the Firearms Act. This review is separate from the criminal case, and you may have a limited time to respond. For hunters, sport shooters and people who need firearms for work, protecting the licence is often as important as the criminal outcome.

Defences

• Compliance: The firearm was stored in a way that met the regulations.
• Lawful excuse: The firearm was in lawful use or was being moved properly at the time.
• No possession: The firearm belonged to someone else, and you had no control over it.
• Charter issues: Police entered or searched the home without lawful authority.

For example, a rifle found with a trigger lock in a closet may meet the rules. One found loaded on a bed during an unrelated police call is very different.

Possible outcomes

What to do now

• Do not discuss the storage of your firearms with police before getting legal advice.
• Keep receipts for safes, locks and any storage equipment you own.
• Follow every release condition, including any ban on possessing weapons.

Reporting obligations and safety concerns

In some situations, police attend a home because someone has raised a safety concern, such as threats of self-harm or conflict in the household. When firearms are present, police may seize them for safety reasons under the Criminal Code, even without laying a charge. That seizure process is separate from a criminal charge, and the owner can usually make submissions to a judge about whether the firearms should be returned or kept.

Correcting the problem

If you are charged with unsafe storage, correcting the storage problem quickly can help both the criminal case and any licence review. Buying proper locks or a safe, completing a refresher safety course and keeping receipts can show the Crown and the Chief Firearms Officer that the issue was a mistake rather than a pattern. Get legal advice before discussing these steps with police.

How we can help

We can review how the firearm was stored and how police came to see it, and look for a resolution that protects your record and your licence. Call (647) 223-1980 for a free consultation.

Frequently asked questions