Firearms possession offences appear in Part III of the Criminal Code and include offences related to firearms and other weapons.

Both Unauthorized possession of a firearm and Unauthorized possession of a prohibited weapon or restricted weapon mandate that possession of these without a valid licence is an offence.

Unauthorized possession of firearm

• 91(1) Subject to subsection (4), every person commits an offence who possesses a prohibited firearm, a restricted firearm 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.

Exceptions

(4) Subsections (1) and (2) do not apply to

• (a)a person who possesses a prohibited firearm, a restricted firearm, a non-restricted 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 prohibited firearm, a restricted firearm, a non-restricted 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.

Other possession offences include:

• Possession of weapon for dangerous purpose
• Carrying concealed weapon
• Carrying weapon while attending public meeting
• Possession of firearm knowing its possession is unauthorized
• Possession of prohibited weapon, device or ammunition knowing its possession is unauthorized
• Possession at unauthorized place
• Unauthorized possession in motor vehicle

Visit other answers in this section or view the Criminal Code for more information on firearms and other weapon offences.

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