Elements of Careless Storage of a Firearm (or Ammunition)

Information about the Firearm (device or ammunition)

The Firearm must meet the legal definition of firearm (device or ammunition)
- The Firearm (device or ammunition) should be sent to be classified by an expert
The Firearm was in the Possession of the Accused
- The Firearm was carried, handled, shipped, transported or stored by the accused
- Consider legal Issues related to proving possession
The Firearm (or ammunition) was stored in a “careless” manner

Intent (Actions of Accused)

This offence is a “State of affairs prohibited by law” and therefore does not require specific intent, however, anticipate that the accused will suggest their actions were accidental and not reckless. Articulate why the facts suggest the accused was careless and reckless in caring for the firearm. Finding a single round of ammunition will not likely convince the judge that the accused was being reckless.
Level of Impairment – often suggested at trial to negate intent

Lawful Excuse

Could the accused argue self defence (Section 34) or defence of property (Section 35)