Citation(s) from the GunPolicy.org literature library

Canada. 2015 ‘Possession of Prohibited or Restricted Firearm with Ammunition.’ Criminal Code R.S.C., 1985, c. C-46 (Act current to 30 August 2015); Part III (Section 95), p. 127. Ottawa ON: Senate and House of Commons of Canada. 23 July

Relevant contents

Part III. Firearms and Other Weapons

Possession of prohibited or restricted firearm with ammunition

95. (1) Subject to subsection (3), every person commits an offence who, in any place, possesses a loaded prohibited firearm or restricted firearm,1 or an unloaded prohibited firearm or restricted firearm together with readily accessible ammunition that is capable of being discharged in the firearm, without being the holder of

(a) an authorization or a licence under which the person may possess the firearm in that place; and
(b) the registration certificate for the firearm.

Punishment

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

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of

(i) in the case of a first offence, three years, and
(ii) in the case of a second or subsequent offence, five years; or

(b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding one year…

['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: Q10787

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