Criminal Code

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 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 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, prohibited weapon, restricted weapon, prohibited device or prohibited 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 where the occupant or any other occupant of the motor vehicle is a person who came into possession of the firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition by the operation of law.

• (5) [Repealed, 2012, c. 6, s. 4]