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Criminal Code

Version of section 95 from 2003-01-01 to 2008-04-30:


Marginal note:Possession of prohibited or restricted firearm with ammunition

  •  (1) Subject to subsection (3) and section 98, 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, unless the person is 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 ten years and to a minimum punishment of imprisonment for a term of one year; 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.

  • R.S., 1985, c. C-46, s. 95
  • 1991, c. 28, s. 8, c. 40, ss. 9, 37
  • 1993, c. 25, s. 93
  • 1995, c. 39, s. 139
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