Many people are surprised to learn that a lawfully owned, properly licensed firearm can still lead to criminal charges if it is not stored, handled, or transported safely. Unlike the licensing offences discussed on our unauthorized possession page, careless storage charges can apply even to a firearm the person is fully entitled to own. This guide explains how careless storage and handling is defined under section 86 of the Criminal Code, the applicable penalties, and what generally happens after this kind of charge in Ontario. It is general legal information, not legal advice about a specific case.
What Does Section 86 Cover?
Section 86(1) of the Criminal Code makes it an offence to use, carry, handle, ship, transport, or store a firearm, prohibited weapon, restricted weapon, prohibited device, or ammunition in a careless manner or without reasonable precautions for the safety of other people. This is a broad standard that focuses on the objective safety of how a weapon is handled, not on whether any harm actually resulted. Section 86(2) separately makes it an offence to fail to comply with the specific federal regulations governing firearm storage, handling, transportation, shipping, display, and advertising.
Storage, Handling, and Transportation Regulations
Federal regulations set out detailed requirements for how firearms must be stored depending on their type. Non-restricted firearms generally must be unloaded and either rendered inoperable with a secure locking device, stored in a securely locked container or room, or otherwise made inaccessible, with ammunition kept separately or the firearm and ammunition both secured. Restricted and prohibited firearms are generally subject to stricter requirements, including that they be rendered inoperable by a secure locking device, in addition to being kept in a locked container. Requirements can also vary depending on how a firearm is being transported. Because these regulations are detailed and specific, even a well-intentioned firearm owner can inadvertently fall short of a technical requirement.
Classification and Penalties
Careless Storage or Handling (Section 86) at a Glance
- Classification
- Hybrid offence (Crown elects summary conviction or indictment)
- Maximum penalty – indictment, first offence
- Up to 2 years imprisonment
- Maximum penalty – indictment, subsequent offence
- Up to 5 years imprisonment
- Maximum penalty – summary conviction
- Up to 2 years less a day in jail, a fine of up to $5,000, or both
- Mandatory minimum sentence
- None for a standard section 86 charge
These figures reflect the Criminal Code as of this page's last update. Actual sentences depend heavily on the specific circumstances, including whether anyone was actually endangered and the person's licensing history. A criminal lawyer can confirm the current state of the law for a specific case.
Common Scenarios
Careless storage charges commonly arise when police attend a residence for an unrelated reason, such as responding to a domestic disturbance or executing a search warrant connected to another matter, and discover a firearm that is loaded, unlocked, or otherwise stored in a way that does not meet the regulatory requirements. They can also arise following an accident, such as a firearm discharging unintentionally, or after a firearm is lost or stolen from a vehicle or residence where it was not properly secured. A separate but related scenario involves firearms found during a routine traffic stop, transported in a manner that does not comply with regulations governing how firearms must be secured while in a vehicle.
Firearm owners should periodically review current federal storage regulations directly, since requirements can vary by firearm type and can change over time. A momentary lapse, such as leaving a firearm unlocked overnight, can be enough to support a charge under section 86.
How This Relates to Other Weapons Charges
Careless storage is distinct from the licensing offences discussed on our unauthorized possession page, since a person can hold a fully valid licence and still be charged under section 86 for how the firearm was stored or handled. Where a firearm that was carelessly stored is subsequently lost, stolen, or used by someone else to commit a crime, additional and more serious charges may follow depending on the circumstances, potentially including charges discussed on our using a weapon during an offence page.
Careless storage allegations frequently surface in the context of family conflict, such as a domestic dispute where police attend and observe a firearm in plain view, or during a child custody or welfare investigation. In these situations, a firearms charge can add complexity to an already difficult family law matter, making coordinated legal advice important.
Possible Defences
Defending a section 86 charge often focuses on whether the storage or handling in question actually fell short of the applicable regulatory standard, since these requirements are detailed and technical, and whether the Crown can establish that the person's conduct was genuinely careless rather than a reasonable, good-faith approach to storage that happened to differ from the specific regulatory wording. Evidence about how a firearm was actually stored at the relevant time, including photographs or testimony from the scene, is often central to these cases. A criminal lawyer familiar with firearms regulations should review the specific circumstances before advising on possible defences.
What Happens After This Charge
Many careless storage charges, particularly first offences involving a licensed owner with no other aggravating factors, do not result in a contested bail hearing, though release conditions often include a prohibition on possessing firearms while the matter is before the court, and in some cases require the surrender of any firearms already in the person's possession pending the outcome. See our page on bail conditions for more. The case then proceeds through the standard court process, including disclosure, before moving toward a resolution or a trial. See our sentencing overview and criminal records overview for more.
Rural and hunting communities in parts of Ontario see a meaningful share of these charges, often connected to firearms stored in vehicles, cottages, or outbuildings that do not meet the same security standards as a primary residence. Understanding the specific storage requirements that apply to a person's particular firearms and circumstances is an important preventive step, well before any charge is ever laid.
Frequently Asked Questions
Can I be charged even if my firearm was never used or found by anyone else?
Yes. Section 86 focuses on whether the storage or handling itself was careless or fell short of regulatory requirements, not on whether any actual harm or misuse occurred.
Does having a valid firearms licence protect me from this charge?
No. A valid licence addresses whether you are authorized to possess the firearm at all, while section 86 addresses how that firearm is stored, handled, and transported. A person can hold a valid licence and still be charged under section 86.
What counts as careless storage?
This depends on the specific federal storage regulations for the type of firearm involved, which generally require firearms to be unloaded and secured with a locking device or in a locked container, with some variation depending on whether the firearm is non-restricted, restricted, or prohibited.
Will I lose my firearms licence if convicted?
A conviction can affect firearms licensing and may result in a firearms prohibition order, depending on the circumstances and the court's decision. A criminal lawyer can explain the potential consequences for a specific situation.
Is a first-time storage charge likely to result in jail time?
Not necessarily. Many first-time careless storage charges, particularly where no one was actually endangered, are resolved without a custodial sentence, though outcomes depend on the specific facts and the person's record.