View source for History of Unauthorized Possession of a Firearm (Offence)

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==History==
{{seealso|List of Criminal Code Amendments|Unauthorized Possession of a Firearm (Offence)}}

===2012 to Present===
{{quotation1|
; Unauthorized possession of firearm
91 (1) Subject to <u>subsection (4)</u>, every person commits an offence who possesses <u>a prohibited firearm, a restricted firearm or a non-restricted firearm</u> without being the holder of
:(a) a licence under which the person may possess it; and
:(b) <u>in the case of a prohibited firearm or a restricted firearm, a registration certificate for it.</u>

; Unauthorized possession of prohibited weapon or restricted weapon
(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, without being the holder of a licence under which the person may possess it.
<br>
; Punishment
(3) Every person who commits an offence under subsection (1) or (2)
:(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.

; Exceptions
(4) Subsections (1) and (2) do not apply to
:(a) a person who possesses a <u>prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited</u> 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 <u>prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited</u> 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 <u>of a prohibited firearm or a restricted firearm, a registration certificate for it.</u>
<br>
(5) [Repealed, {{LegHistory10s|2012, c. 6}}, s. 2]
<br>
R.S., {{LegHistory80s|1985, c. C-46}}, s. 91; {{LegHistory90s|1991, c. 28}}, s. 7, c. 40, ss. 5, 36; {{LegHistory90s|1995, c. 22}}, s. 10, c. 39, s. 139; {{LegHistory00s|2008, c. 6}}, s. 4; {{LegHistory10s|2012, c. 6}}, s. 2; {{LegHistory10s|2015, c. 27}},s. 19.
|[{{CCCSec|91}}
}}

===2008 to 2012===
{{quotation1|
; Unauthorized possession of firearm
91 (1) Subject to subsections (4) and (5)<u>, every person commits an offence who possesses a firearm without being the</u> holder of
:(a) a licence under which the person may possess it; and
:(b) a registration certificate for the firearm.

; Unauthorized possession of prohibited weapon or restricted weapon
(2) Subject to subsection (4)<u>, </u>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, <u>without being the</u> holder of a licence under which the person may possess it.
<br>
; Punishment
(3) Every person who commits an offence under subsection (1) or (2)
:(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.

; Exceptions
(4) Subsections (1) and (2) do not apply to
:(a) a person who possesses a 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 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 firearm, a registration certificate for the firearm.

; Borrowed firearm for sustenance
(5) Subsection (1) does not apply to a person who possesses a firearm that is neither a prohibited firearm nor a restricted firearm and who is not the holder of a registration certificate for the firearm if the person
:(a) has borrowed the firearm;
:(b) is the holder of a licence under which the person may possess it; and
:(c) is in possession of the firearm to hunt or trap in order to sustain the person or the person’s family.

R.S., {{LegHistory80s|1985, c. C-46}}, s. 91; {{LegHistory90s|1991, c. 28}}, s. 7, c. 40, ss. 5, 36; {{LegHistory90s|1995, c. 22}}, s. 10, c. 39, s. 139; {{LegHistory00s|2008, c. 6}}, s. 4.
|[http://canlii.ca/t/lf1r#sec91 CCC]
}}

===1995 to 2008===
{{quotation1|
; Unauthorized possession of firearm
91 (1) Subject to subsections (4) and (5) and section 98, every person commits an offence who possesses a firearm, unless the person is the holder of
:(a) a licence under which the person may possess it; and
:(b) a registration certificate for the firearm.

; Unauthorized possession of prohibited weapon or restricted weapon
(2) Subject to subsection (4) and section 98, 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, unless the person is the holder of a licence under which the person may possess it.
<br>
; Punishment
(3) Every person who commits an offence under subsection (1) or (2)
:(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.

; Exceptions
(4) Subsections (1) and (2) do not apply to
:(a) a person who possesses a 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 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 firearm, a registration certificate for the firearm.

; Borrowed firearm for sustenance
(5) Subsection (1) does not apply to a person who possesses a firearm that is neither a prohibited firearm nor a restricted firearm and who is not the holder of a registration certificate for the firearm if the person
:(a) has borrowed the firearm;
:(b) is the holder of a licence under which the person may possess it; and
:(c) is in possession of the firearm to hunt or trap in order to sustain the person or the person’s family.

R.S., {{LegHistory80s|1985, c. C-46}}, s. 91; {{LegHistory90s|1991, c. 28}}, s. 7, c. 40, ss. 5, 36; {{LegHistory90s|1995, c. 22}}, s. 10, c. 39, s. 139.

|[http://canlii.ca/t/hzbv#sec91 CCC]
}}