Unauthorized Possession of a Firearm
If you have a non-restricted firearm without holding a valid a Possession and Acquisition Licence (PAL), you can be charged.
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Plain-Language Summary
Unauthorized Possession of a Firearm: Anyone who possesses a non-restricted weapon in Canada must have a Possession and Acquisition Licence, according to s.91 of the Criminal CodeA federal act codifying most criminal offences in Canada. Those in possession of restricted and prohibited weapons must also have a registration certificate, both issued by the RCMP. The maximum penalty you can face upon conviction is five years in prison.
What Is Unauthorized Possession of a Firearm?
Section 91 (1) of the Criminal Code makes it an offence to be in possessionHaving knowledge and control of something — not only physically holding it, but also an item kept somewhere else that you know about and control. of a non-restricted firearm (most rifles and shotguns) without being the holder of a Possession and Acquisition Licence (PAL), issued by the RCMP. If you are in possession of a firearm, you need a PAL even if you are not the owner and never handle the firearm.
This section also makes it an offence to be in possession of a restricted firearm (most pistols) or a prohibited firearm (a class that includes automatic firearms) if you do not have a registration certificate. It allows the RCMP to identify the firearm and link it to its owner. People in possession of a restricted or prohibited firearm must also have a PAL.
What the Crown Has to Prove
The Crown prosecutorA lawyer who conducts a criminal prosecution on behalf of the public. must demonstrate that you were in possession of a firearm without proper authorization. This law does not apply if you were in possession of a replica firearm.
You cannot be convicted if you were acting under the direct and immediate supervision of a person who may lawfully possessed the firearm, provided it was being used in a lawful manner. You cannot be charged if you came into possession of a firearm, a prohibited device or any prohibited ammunition if you lawfully disposed of it in a reasonable period of time. You also cannot be charged if you obtained a licence or registration certificate in a reasonable amount of time after acquiring the weapon.
Penalties for Unlawful Possession of a Firearm
If the charge is treated as an indictable offenceA more serious type of Canadian criminal offence. the maximum penalty upon conviction is five years in prison. If the charge is prosecuted as a summary convictionLess-serious criminal offences, the maximum penalty is two years less a day in jail and/or a $5,000 fine.
Related firearm-possession offences
s. 92 deals with knowingly possessing a firearm without authorization and is treated more seriously.
Possession of a prohibited or restricted firearm together with accessible ammunition is a separate offence under s. 95. Licensing and registration requirements themselves come from the Firearms Act.
What the Crown Must Prove
To get a conviction, the Crown must prove every part of the offence beyond a reasonable doubt.
Section
Possession
The accused had possession (personal, constructive, or joint, per s.4(3)) of a firearm (prohibited, restricted, or non-restricted) or, under s.91(2), a prohibited weapon, restricted weapon, prohibited device (other than a replica firearm), or prohibited ammunition.
Absence of a licence
The accused was not the holder of a licence under which they may possess that firearm/weapon/device.
Absence of a registration certificate (firearms only)
For a prohibited or restricted firearm specifically, the accused was also not the holder of a registration certificate for it (s.91(1)(b)). This element does not apply to non-restricted firearms, which require only a licence, or to s.91(2) items.
Knowledge/fault as to possession
The accused knowingly possessed the physical object (the standard fault element for possession offences) — though fault as to the licensing/registration status itself is not required; this is a regulatory-style offence turning on the objective absence of a licence/certificate, subject to the statutory exceptions.
No applicable exception
The Crown must be prepared to negative the s.91(4) exceptions if raised on the evidence: (a) direct and immediate supervision by a person who may lawfully possess the item, for a lawful use, or (b) possession acquired by operation of law, followed within a reasonable period by lawful disposal or by obtaining the required licence/certificate.
A proof rule (a presumption) is a rule about evidence. It does not mean the person is automatically guilty. It means the court may treat one fact as evidence of another fact unless there is evidence pointing the other way.
Possible Penalties
These are maximum sentences. Actual sentences depend on the facts, criminal history, and any mitigating or aggravating circumstances.
Possession of a firearm, weapon, prohibited device, or prohibited ammunition without a licence (and registration certificate where required) — s. 91
HybridNo mandatory minimum applies. On summary conviction, the general s. 787(1) default applies: a fine of up to $5,000, imprisonment for up to two years less a day, or both.
What these words mean
- Indictable
- The more serious way to prosecute an offence. It can carry higher maximum penalties.
- Summary conviction
- The less serious, usually faster way to prosecute an offence, with lower maximum penalties.
- Hybrid
- An offence the Crown can prosecute either way — by indictment or by summary conviction.
- Summary only
- Summary-only offences are prosecuted by summary conviction. The Criminal Code sets the maximum penalty in the specific offence section.
- Crown election
- The Crown prosecutor’s choice of which way to proceed on a hybrid offence.
Possible Defences and Legal Issues
Unauthorized Possession of a Firearm — s.91
Section 91(4) says subsections (1) and (2) "do not apply to" two groups of people. The first is a person who possessed the firearm, weapon, device, or ammunition while under the direct and immediate supervision of someone who could lawfully possess it, and used it only in a way that supervising person could lawfully use it. The second is a person who came into possession by operation of law — for example, through an estate — and, within a reasonable period, either lawfully disposed of it or obtained the required licence and, for a prohibited or restricted firearm, a registration certificate.
The Crown still has to prove the parts of the offence, including that the person did not hold the required licence or registration certificate at the time.
Common Legal Terms
Terms marked with a dotted underline in the article above are defined here and available in the full site glossary.
- Crown prosecutor Glossary entry →
- A lawyer who conducts a criminal prosecution on behalf of the public.
- Indictable offence Glossary entry →
- A more serious type of Canadian criminal offence.
- Possession Glossary entry →
- Having knowledge and control of something — not only physically holding it, but also an item kept somewhere else that you know about and control.
- Summary offence Glossary entry →
- Less-serious criminal offences
Legal sources
The official statute section(s) this page is based on. Always confirm against the official source before relying on it.
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Criminal Code s. 91 Unauthorized possession of firearmSource current to: 2026-05-26View official source ↗
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Criminal Code s. 787 General summary-conviction penalty (default for s. 91(3)(b))Source current to: 2026-05-26View official source ↗
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Criminal Code s. 92Source current to: 2026-05-26View official source ↗
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Criminal Code s. 95Source current to: 2026-05-26View official source ↗
Government References
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General legal information only. Not legal advice. We do our best to keep this page accurate and up to date, but criminal law can change and every case depends on its facts. Check the review date and consult the Criminal Code or a criminal defence lawyer before relying on this information.
About this page
Criminal Code Help explains selected Criminal Code offences and related legal concepts in plain language. The goal is to help readers understand the general meaning of the law without having to read the full statutory text.
This page is a simplified summary. It does not include every exception, definition, court interpretation, evidentiary issue, Charter issue, sentencing factor, or procedural rule that may apply in a real case.
Legal information, not legal advice
This page is general legal information only. It is not legal advice and should not be relied on as advice about any specific charge, investigation, court file, or personal situation.
Possible defences and legal issues depend on the facts, the evidence, the exact charge, current Canadian law, and the province or territory where the case is being handled. If you are facing a criminal charge or researching a real legal problem, speak with a criminal defence lawyer in your province or territory.