Canadian Criminal Law/Offences/Unauthorized Possession of a Firearm

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)) Fine (734) Fine + Probation (731(1)(b)) Jail (718.3, 787) Jail + Probation (731(1)(b)) Jail + Fine (734) Conditional Sentence (742.1)
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

1. time and date of the offence
2. jurisdiction of the offence
3. identity of the accused
4. the accused possessed an object
5. the object is a firearm
6. the accused does not hold a licence to possess it
7. if firearm is restricted or prohibited, the accused does not hold a registration certificate.

Unauthorized possession of prohibited weapon or restricted weapon

1. time and date of the offence
2. jurisdiction of the offence
3. identity of the accused
4. the accused possessed an object
5. the object is:
   1. prohibited weapon,
   2. a restricted weapon,
   3. a prohibited device, other than a replica firearm, or
   4. prohibited ammunition
6. the accused does not hold a licence to possess it