Using a Firearm in the Commission of an Offence (s. 85)
Under Section 85 of the Criminal Code, you can be charged with using a firearm in the commission of an offence if you use a firearm while committing an indictable offence, attempting to commit an indictable offence, or while fleeing after committing or attempting to commit an indictable offence. The same applies if you use an imitation firearm in these circumstances. This is true whether or not you cause or mean to cause bodily harm as a result of using the firearm or imitation firearm. This is an indictable offence, and the maximum term of incarceration for this offence is 14 years.
Pointing a Firearm (s. 87)
Pointing a firearm without lawful excuse can lead to a charge, whether or not the firearm is loaded. This is a hybrid offence, which means that the Crown can elect to proceed by way of indictment or summarily. If the Crown proceeds by way of indictment, the maximum sentence is 5 years of incarceration. If the Crown proceeds summarily, there are reduced penalties.
Tampering with Serial Number (s. 108)
You can be charged with this offence in two ways. Firstly, it is an offence to alter, deface or remove a serial number from a firearm. Secondly, it is an offence to possess a firearm with the knowledge that the serial number has been altered, defaced or removed. This is a hybrid offence. If the Crown proceeds by way of indictment, the maximum term of incarceration is 5 years whereas a summary election results in reduced penalties. There are two potential exceptions to this offence. Firstly, no person is guilty of possessing a firearm with an altered serial number if the number has been legally replaced by a new one. Secondly, the criminal code contemplates that a lawful excuse can include a situation where the serial number has been obliterated through normal use over time.
