Could it be considered a crime to point a fake gun at another person?
It could, if a fake gun is used in the committing of a crime, or if someone perceives a fake gun as a threat to his or her person even if no harm was intended.
If someone has a realistic looking toy gun or a replica gun and they point it at someone and/or threaten a person with it, they may face criminal charges, especially as the law prohibits some fake guns.
What kind of fake guns are prohibited?
“Replica firearms” are forbidden. Replica firearms are objects that closely resemble existing firearms.
These types of fake guns are also known as “imitation guns” in the Criminal Code of Canada.
It is forbidden to sell or give a replica firearm to a person or unlicensed business.
Airsoft guns are also considered replica firearms and are therefore forbidden.
An exception to this prohibition is antique firearms, which are not prohibited in Canada.
An antique firearm is defined as:
- Any firearm manufactured before 1898 that was not designed to discharge rim-fire or centre-fire ammunition, and that has not been re-designed to discharge such ammunition, or
- Any firearm prescribed to be an antique firearm.
What kind of charges could I face?
The Criminal Code sets out that if someone uses an imitation gun when committing, trying to commit or using such a weapon on a plane after having committed a serious offence, then they will be charged criminally even if they didn’t intend to use the fake firearm to cause physical harm to a person.
Even where someone waves a toy gun that looks like a real gun at someone in jest and if the other person believes this to be a serious threat, criminal charges could still be placed. For example, if someone points a toy gun at a person they may not know as a joke and the person perceives it as a real threat, they could be charged with assault.
If you have been charged with using an imitation gun and/or other crimes you should contact a criminal lawyer as soon as possible.
Replica Firearms RCMP
Criminal Code of Canada Using imitation firearm in commission of offence