Careless Storage of Ammunition - Edelsonlaw.ca

1. Careless Storage of Ammunition http://www.edelsonlaw.ca/

2. By Solomon Friedman (This article has been cross-posted from www.firearmslaw.ca, where it orginally appeared as an "Ask Solomon" item.) Joe asked: I have heard that there is an offence of “careless storage of ammunition”. Where is this offence defined in the Criminal Code? What is considered “careless storage” of ammunition? http://www.edelsonlaw.ca/

3. Section 86 (1) of the Criminal Code provides as follows: 86. (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. You will notice that the offence contains numerous constituent elements. In addition, each of these elements is phrased in the alternative, meaning that any combination of the three will suffice to constitute an offence under s. 86 (1). http://www.edelsonlaw.ca/

4. First of all, there are six possible prohibited actions involved in s. 86 (1): (1) uses, (2) carries, (3) handles, (4) ships, (5) transports or (6) stores Similarly, there are six prohibited objects which those actions may apply to: firearm, (2) a prohibited weapon, (3) a restricted weapon, (4) a prohibited device or (5) any ammunition or (6) prohibited ammunition Finally, there are two alternative conditions that must be satisfied if the accused is to be found criminally liable: (1) in a careless manner or (2) without reasonable precautions for the safety of other persons Some simple math (6 x 6 x 2) results in s. 86 (1) containing some 72 distinct criminal offences! http://www.edelsonlaw.ca/

5. Thank You http://www.edelsonlaw.ca/