Gun Charges - Point Firearm

Summary of the Offence

The offence of pointing a firearm is covered under s.87 of the Criminal Code, under Part III, which relates to “Firearms and Other Weapons.” The law aims to prevent individuals from using firearms to intimidate or threaten others, upholding safe and responsible firearm usage.

How Serious is the Offence?

Pointing a firearm is a hybrid offence, meaning the Crown may choose to proceed either by indictment or summarily, based on the specific facts and circumstances of the case.

A summary offence is generally less serious in terms of both the nature of the crime and the severity of the sentence. In contrast, an indictable offence typically involves more serious crimes and more severe sentences.

While it can be prosecuted summarily, pointing a firearm is often pursued as an indictable offence due to the significant risk it poses to public safety.

Examples of the Offence

• Pointing a firearm during a domestic or non-domestic dispute
• Pointing a firearm in a road rage incident
• Pointing a firearm as a joke or prank
• Carelessly holding and pointing a firearm at someone in a public setting

Elements of the Offence

To secure a conviction for pointing a firearm, the Crown must establish both the actus reus and mens rea beyond a reasonable doubt, as well as prove possession of the firearm.

• Possession of the Firearm: The Crown must prove that you were aware you had physical custody of the firearm and were aware it was a firearm.
• Possession is defined under section 4(3) of the Criminal Code which states:

(a) a person has anything in possession when he has it in his personal possession or knowingly(i) has it in the actual possession or custody of another person, or(ii) has it in any place, whether or not that place belongs to or is occupied by him, for the use or benefit of himself or of another person; and(b) where one of two or more persons, with the knowledge and consent of the rest, has anything in his custody or possession, it shall be deemed to be in the custody and possession of each and all of them.

The Guilty Act (Actus Reus):

• The Crown must prove you pointed a firearm at another person.

• This was done without lawful excuse.

The Guilty Mind (Mens Rea):

• The Crown must prove that you intentionally pointed the firearm.
• As a specific intent offence, the focus is on the intent to point rather than any intended outcome.

Possible Defences

1. Self-Defence or Defence of Others:
   Demonstrating that the action was taken with reasonable belief of necessity to protect oneself or another from immediate harm. Key considerations include the appropriateness and proportionality of the response.
2. Charter Arguments:
   • Any violation of Charter rights (e.g., during arrest procedures) may support your defence.
   • Charter breaches can lead to the exclusion of certain evidence used by the prosecution.

Note: It is not a defence to claim the firearm was unloaded at the time it was pointed.

Possible Punishment If Convicted

1. If Proceeded Summarily:
   • Maximum penalty: 2 years less a day imprisonment and/or a $5,000 fine.
2. If Proceeded by Indictment:
   • Maximum penalty: 5 years imprisonment.