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Unlawful Discharge of Firearms
What Are The Penalties For Unlawfully Discharging A Firearm?
The Unlawful Discharge of A Firearm In Or Across A Right-of-Way For Public Vehicular Traffic Is A Very Serious Offence Which Upon Conviction Will Soon Lead To Mandatory Suspension of Your Hunting Licence, Completion of Hunter Safety Education As Well As The Suspension of Your Firearms Licence and Possible Seizure of Firearms.
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Understanding Unlawful Discharge of Firearm Offences Per Section 17 of the FWCA
A charge that alleges the Unlawful Discharge of A Firearm as per Section 17(2) of the Fish and Wildlife Conservation Act (the “FWCA”), S.O. 1997, Chapter 41, may bring significant penalties upon conviction, which may include a substantial monetary fine, a hunting prohibition, hunter and firearm re-education and the possibility of up to one-year imprisonment. Accordingly, Unlawful Discharge of A Firearm offences should be taken very seriously.
The Law
The Fish and Wildlife Conservation Act, per section 17, describes the basis for which a person commits the offence uf unlawful possession of a loaded firearm and/or unlawful disharge of a firearm. Specifically, the charging section states: Loaded firearms in hunting areas 17 (1) A person who is in an area usually inhabited by wildlife or who is on the way to or from an area usually inhabited by wildlife shall not, (a) have a loaded firearm in or on a conveyance or discharge a firearm from a conveyance, except if, (i) the conveyance is a boat that is not a motorboat, or (ii) the conveyance is a motorboat and the person is hunting migratory birds in accordance with the regulations under the Migratory Birds Convention Act, 1994 (Canada); (b), (c) Repealed: 2009, c. 33, Sched. 22, s. 2 (10). (d) in a part of Ontario prescribed by the regulations, have a loaded firearm in, or discharge a firearm in or across, a right of way for public vehicular traffic; or (e) in a part of Ontario to which clause (d) does not apply, discharge a firearm in or across the travelled portion of a right of way for public vehicular traffic. 1997, c. 41, s. 17 (1); 2009, c. 33, Sched. 22, s. 2 (10). Unmaintained rights of way Person with impaired mobility (a) in accordance with the authorization of the Minister; or (b) in the circumstances prescribed by the regulations. 2012, c. 8, Sched. 16, s. 3; 2017, c. 2, Sched. 14, s. 7.
(2) Clauses (1) (d) and (e) do not apply to an unmaintained right of way unless the regulations provide otherwise. 1997, c. 41, s. 17 (2).
As shown, section 17(1) addresses the usage of loaded firearms in hunting areas, including from within conveyances such as a truck or boat, and the unlawful discharge of a firearm in or across a puclic right-of-way for vehiclular traffic, while section 17(2) provides an exception for discharge of a firearm in or across an unmaintained right-of-way and section 17(3) provides an exception for persons with mobility issues and allows for such persons to possess a loaded firearm within a conveyance and to discharge such firearm from within a conveyance so long as the conveyance is not in motion. Offences contrary to this section are treated very seriously due to the inherent safety concerns associated with the unlawful discharge of a firearm. Monetary penalties for these types of offences often range from $7,000 to $10,000 within most jurisdictions. As above, the possible penalties, as potential punishments, imposed upon conviction for an unlawful discharge of a firearm in or across a right-of-way for public vehiular traffic or unlawful discharge of a firearm from a motor vehicle are determined on a case by case basis by the Crown and the Court. The maximum penalty applicable for an offence committed under the FWCA may be found at section 102.
Specifically, the penalty section states:
Penalty 102 (1) A person convicted of an offence under this Act is liable to a fine of not more than $25,000, to imprisonment for a term of not more than one year, or to both Careless use of firearm (2) Despite subsection (1), a person convicted of an offence under section 16 is liable to a fine of not more than $25,000, to imprisonment for a term of not more than two years, or to both. Commercial offences (3) Despite subsections (1) and (2), a person convicted of an offence under this Act is liable to a fine of not more than $100,000, to imprisonment for a term of not more than two years, or to both, if, (a) the offence was committed under section 11, 48 or 51 or subsection 55 (3) or 58 (2); or (b) the offence was committed for commercial purposes. 1997, c. 41, s. 102.Possible Penalties
Summary Comment
If you have been charged with Unlawful Discharge of a Firearm, or related FWCA offence, then you need effective legal advocacy. DefendCharges.ca will help you to review your various options and determine a prudent defence strategy.
