| Unauthorized Possession of a Firearm | |
|---|---|
| s. 91 of the Crim. Code | |
| Election / Plea | |
| Crown Election | Hybrid |
| Jurisdiction | Prov. Court SC Judge + PI (I) SC Jury + PI (I) (536(2)) |
| Summary Dispositions | |
| Avail. Disp. | Discharge (730) Suspended Sentence (731(1)(a)) |
| Maximum | 6 months jail or $5,000 fine |
| Indictable Dispositions | |
| Avail. Disp. | same as summary |
| Maximum | 5 years |
| References | |
| Offence Elements Sentence Principles Sentence Digests | |
Legislation
Unauthorized possession of firearm
91. (1) Subject to subsection (4), every person commits an offence who possesses a 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.
...Exceptions
(4) Subsections (1) and (2) do not apply to
- (a) a person who possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition while the person is under the direct and immediate supervision of a person who may lawfully possess it, for the purpose of using it in a manner in which the supervising person may lawfully use it; or
- (b) a person who comes into possession of a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition by the operation of law and who, within a reasonable period after acquiring possession of it,
- (i) lawfully disposes of it, or
- (ii) obtains a licence under which the person may possess it and, in the case of a prohibited firearm or a restricted firearm, a registration certificate for it.
...
R.S., 1985, c. C-46, s. 91; 1991, c. 28, s. 7, c. 40, ss. 5, 36; 1995, c. 22, s. 10, c. 39, s. 139; 2008, c. 6, s. 4; 2012, c. 6, s. 2.
– CCC
Proof of Offence
Unauthorized possession of firearm
- time and date of the offence
- jurisdiction of the offence
- identity of the accused
- the accused possessed an object
- the object is a firearm
- the accused does not hold a licence to possess it
- if firearm is restricted or prohibited, the accused does not hold a registration certificate.
Unauthorized possession of prohibited weapon or restricted weapon
- time and date of the offence
- jurisdiction of the offence
- identity of the accused
- the accused possessed an object
- the object is:
- prohibited weapon,
- a restricted weapon,
- a prohibited device, other than a replica firearm, or
- prohibited ammunition
- the accused does not hold a licence to possess it
Interpretation
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