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Illegal Possession of a Firearm

Sections 92-95 of the Criminal Code prohibit persons from possessing a prohibited firearm, a restricted firearm or a non-restricted firearm knowing that the person is not the holder of an applicable authorization, licence and/or registration for the firearm. Section 95 of the Criminal Code increases the severity of the offence if the prohibited firearm or restricted firearm is loaded or near readily accessible ammunition that is capable of being discharged in the firearm.

The Criminal Code defines firearm as a barrelled weapon capable of discharging a bullet, shot, or projectile, including the barrel, frame, or receiver, or anything adapted for such use. 


Restricted firearms include handguns and certain rifles that require special licensing and registration.


To legally possess a firearm, an individual must:

  • have a valid Possession and Acquisition Licence (PAL) (with restricted privileges in the case of a restricted firearm),

  • be properly registered for the firearm (in the case of a restricted firearm), and

  • comply with storage, transportation, and use regulations.

Possessing a firearm without meeting these requirements is a serious offence.

The Crown must prove beyond a reasonable doubt that the accused knowingly possessed the firearm unlawfully. 


This offence is hybrid, meaning the Crown can proceed either by summary conviction or by indictment. If proceeded summarily, the maximum penalty is two years less a day in jail and/or a fine up to $5,000. If proceeded by indictment, the penalty can be up to ten years in prison.


Penalties can include imprisonment, fines, and a criminal record that may impact future firearms licensing and other rights. 


Defences may focus on lack of knowledge, lawful possession, or procedural errors.


Given the complexity and severity of these charges, it is important that you consult with a criminal defence lawyer that has a detailed knowledge of firearms and the law surrounding the possession, use and storage of firearms early in the process.

Maximum Possible Sentence

14 Years

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