Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Possession of firearm knowing its possession is unauthorized

• 92 (1) Subject to subsection (4), every person commits an offence who possesses a prohibited firearm, a restricted firearm or a non-restricted firearm knowing that the person is not 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.

• Marginal note:Possession of prohibited weapon, device or ammunition knowing its possession is unauthorized

  (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 knowing that the person is not the holder of a licence under which the person may possess it.

• Marginal note:Punishment

  (3) Every person who commits an offence under subsection (1) or (2) is guilty of an indictable offence and liable

  • (a) in the case of a first offence, to imprisonment for a term not exceeding ten years;

  • (b) in the case of a second offence, to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; and

  • (c) in the case of a third or subsequent offence, to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of two years less a day.

• Marginal note: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.

• (5) and (6) [Repealed, 2012, c. 6, s. 3]

Marginal note:Possession at unauthorized place

• 93 (1) Subject to subsection (3), every person commits an offence who, being the holder of an authorization or a licence under which the person may possess a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or prohibited ammunition, possesses them at a place that is

  • (a) indicated on the authorization or licence as being a place where the person may not possess it;

  • (b) other than a place indicated on the authorization or licence as being a place where the person may possess it; or

  • (c) other than a place where it may be possessed under the Firearms Act.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1)

  • (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.

• Marginal note:Exception

  (3) Subsection (1) does not apply to a person who possesses a replica firearm.

Marginal note:Unauthorized possession in motor vehicle

• 94 (1) Subject to subsections (3) and (4), every person commits an offence who is an occupant of a motor vehicle in which the person knows there is a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition, unless

  • (a) in the case of a prohibited firearm, a restricted firearm or a non-restricted firearm,

    • (i) the person or any other occupant of the motor vehicle is the holder of

      • (A) a licence under which the person or other occupant may possess the firearm, and

      • (B) in the case of a prohibited firearm or a restricted firearm, an authorization and a registration certificate for it,

    • (ii) the person had reasonable grounds to believe that any other occupant of the motor vehicle was the holder of

      • (A) a licence under which that other occupant may possess the firearm, and

      • (B) in the case of a prohibited firearm or a restricted firearm, an authorization and a registration certificate for it, or

    • (iii) the person had reasonable grounds to believe that any other occupant of the motor vehicle was a person who could not be convicted of an offence under this Act by reason of sections 117.07 to 117.1 or any other Act of Parliament; and

  • (b) in the case of a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition,

    • (i) the person or any other occupant of the motor vehicle is the holder of an authorization or a licence under which the person or other occupant may transport the prohibited weapon, restricted weapon, prohibited device or prohibited ammunition, or

    • (ii) the person had reasonable grounds to believe that any other occupant of the motor vehicle was

      • (A) the holder of an authorization or a licence under which the other occupant may transport the prohibited weapon, restricted weapon, prohibited device or prohibited ammunition, or

      • (B) a person who could not be convicted of an offence under this Act by reason of sections 117.07 to 117.1 or any other Act of Parliament.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1)

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

  • (b) is guilty of an offence punishable on summary conviction.

• Marginal note:Exception

  (3) Subsection (1) does not apply to an occupant of a motor vehicle who, on becoming aware of the presence of the firearm, weapon, device or ammunition in the motor vehicle, attempted to leave the motor vehicle, to the extent that it was feasible to do so, or actually left the motor vehicle.

• Marginal note:Exception

  (4) Subsection (1) does not apply to an occupant of a motor vehicle when the occupant or any other occupant of the motor vehicle is a person who came into possession of the firearm, weapon, device or ammunition by the operation of law.

• (5) [Repealed, 2012, c. 6, s. 4]

Marginal note:Possession of prohibited or restricted firearm with ammunition

• 95 (1) Subject to subsection (3), every person commits an offence who, in any place, possesses a loaded prohibited firearm or restricted firearm, or an unloaded prohibited firearm or restricted firearm together with readily accessible ammunition that is capable of being discharged in the firearm, without being the holder of

  • (a) an authorization or a licence under which the person may possess the firearm in that place; and

  • (b) the registration certificate for the firearm.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1)

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of

    • (i) in the case of a first offence, three years, and

    • (ii) in the case of a second or subsequent offence, five years; or

  • (b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding one year.

• Marginal note:Exception

  (3) Subsection (1) does not apply to a person who is using the firearm under the direct and immediate supervision of another person who is lawfully entitled to possess it and is using the firearm in a manner in which that other person may lawfully use it.