QUICK TAKEAWAY
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 Code. 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.
Table of Contents:
What Is Unauthorized Possession of a Firearm?
Section 91 (1) of the Criminal Code makes it an offence to be in possession 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 prosecutorLawyers who prosecutes charges on behalf of the Crown 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 offenceIndictable offences are more-serious criminal offences the maximum penalty upon conviction is five years in prison. If the charge is prosecuted as a summary convictionUsed for lesser offences, the maximum penalty is two years less a day in jail and/or a $5,000 fine.
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Robertson Stromberg Llp
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Glossary of Legal Terms
Crown prosecutor
Lawyers who act for the federal, provincial and territorial governments and prosecute people accused of crimes on behalf of the Crown.
Indictable offence
Indictable offences are the most serious offences under the Criminal Code and they come with more serious punishments, up to a maximum penalty of life in prison.
Summary conviction
Summary convictions are used for lesser offences with penalties, fines and short jail time. They reflect the majority of offences as defined in the Code.
