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Canada. 2015 ‘Unauthorized Possession of Firearm.’ Criminal Code R.S.C., 1985, c. C-46 (Act current to 30 August 2015); Part III (Sections 91, 92), pp. 122-124. Ottawa ON: Senate and House of Commons of Canada. 23 July

Relevant contents

Part III. Firearms and Other Weapons

Unauthorized possession of firearm

91. (1) Subject to subsection (4), every person commits an offence who possesses a prohibited firearm, a restricted firearm1 or a non-restricted firearm without being the holder of

(a) a licence under which the person may possess it; and
(b) in the case of a prohibited firearm or a restricted firearm, a registration certificate for it.

Unauthorized possession of prohibited weapon or restricted weapon

(2) Subject to subsection (4), every person commits an offence who possesses a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition, without being the holder of a licence under which the person may possess it.

Punishment

(3) Every person who commits an offence under subsection (1) or (2)

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction…

Possession of firearm knowing its possession is unauthorized

92. (1) Subject to subsection (4), every person commits an offence who possesses a prohibited firearm, a restricted firearm or a non-restricted firearm knowing that the person is not the holder of

(a) a licence under which the person may possess it; and
(b) in the case of a prohibited firearm or a restricted firearm, a registration certificate for it.

Possession of prohibited weapon, device or ammunition knowing its possession is unauthorized

(2) Subject to subsection (4), every person commits an offence who possesses a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition knowing that the person is not the holder of a licence under which the person may possess it.

Punishment

(3) Every person who commits an offence under subsection (1) or (2) is guilty of an indictable offence and liable

(a) in the case of a first offence, to imprisonment for a term not exceeding ten years…

['Summary conviction' means under Article 787 of the Criminal Code that the person is liable to a fine of not more than five thousand dollars or to a term of imprisonment not exceeding six months or to both]

ID: Q10785

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