Using firearm in commission of offence
85.(1) Every person commits an offence who uses a firearm, whether or not the person causes or means to cause bodily harm to any person as a result of using the firearm,
- (a) while committing an indictable offence, other than an offence under section 220 (criminal negligence causing death), 236 (manslaughter), 239 (attempted murder), 244 (discharging firearm with intent), 244.2 (discharging firearm — recklessness), 272 (sexual assault with a weapon) or 273 (aggravated sexual assault), subsection 279(1) (kidnapping) or section 279.1 (hostage taking), 344 (robbery) or 346 (extortion);
- (b) while attempting to commit an indictable offence; or
- (c) during flight after committing or attempting to commit an indictable offence.
Using imitation firearm in commission of offence
(2) Every person commits an offence who uses an imitation firearm
- (a) while committing an indictable offence,
- (b) while attempting to commit an indictable offence, or
- (c) during flight after committing or attempting to commit an indictable offence,
whether or not the person causes or means to cause bodily harm to any person as a result of using the imitation firearm.
Related Links:
Elements of Using Firearm in Commission of Offence