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Elements of Careless Storage of a Firearm (or Ammunition)

Date, Time and Location

Identity Of The Accused

Information about the Firearm (device or ammunition)


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


Related Links:
Statutory wording for Careless Use of Firearm
Issues in Section 34 in plain english
Definition of prohibited device
Definition of ammunition
Definition of prohibited, restricted  firearm