View source for Possession of a Firearm in an Unauthorized Place (Offence)

[[fr:Possession dans un lieu non autorisé (infraction)]]{{LevelZero}}{{HeaderOffences}}
{{OffenceBox |OffenceTitle=Possession of a Firearm in an Unauthorized Place 
|OffencePage=Possession of a Firearm in an Unauthorized Place 
|Section=93 and 94
|Act={{OBCCC}} 
|CrownElection= {{OBHybridElection}} 
|Jurisdiction={{OBJurisdictionAll-Under14}} 
|Bail={{OBBailAll}}
|SummaryDisp= {{OBDispAll}} 
|SummaryMin= {{OBMinNone}} 
|SummaryMax= {{OBSConviction}} 
|IndictableDisp= {{OBDispVarCSO}}
|IndictableMin= {{OBMinNone}} 
|IndictableMax= {{OBMaxLife}} {{OBTime|5 or 10 years}} }}

==Overview==
{{seealso|Weapon Offences}}

{{OverviewIII|possession of a firearm in an unauthorized place}}

; Pleadings
{{PleadingsHeader-N}}
{{PleadingsHybridList-N|s. 93 {{DescrSec|93}} and <br>s. 94 {{DescrSec|94}} | {{Yes}} | {{Yes-IfCrown}} | {{No-Under14}} }}
{{PleadingsEnd}}

{{PleadingsHybridElection-Under14|s. 93 {{DescrSec|93}} and <br>s. 94 {{DescrSec|94}} }}

{{Section109Notice}}

; Release

{{ReleaseHeader}}
|s. 93 {{DescrSec|93}} or <br> s. 94 {{DescrSec|94}} || {{ReleaseProfile-Hybrid}} 
|-
{{ReleaseEnd}}

{{ReleaseOptions-Hybrid|s. 93 {{DescrSec|93}} or 94 {{DescrSec|94}} }}

:''<u>Reverse Onus Bail</u>''
{{ReverseOnusCirc}}

; Publication Bans
{{GeneralPubBan}}

; Offence Designations
{{DesignationHeader}}
|-
|s. 93 {{DescrSec|93}}|| {{XMark}} <!--wire--> || {{XMark}} <!--DO-->||{{XMark}} <!--SPIO--> || {{XMark}} <!--consent--> || {{XMark}} <!--IPRA-->
|-
|s. 94 {{DescrSec|94}} || {{XMark}} <!--wire--> || {{XMark}} <!--DO-->||{{OKMark}} (varies) <!--SPIO--> || {{XMark}} <!--consent--> || {{OKMark-Indict}}
{{DesignationEnd}}

{{SPIODesignation|A|s. 94 {{DescrSec|94}} }}

{{SeeBelowForAncillary}}

==Offence Wording==
{{quotation2|
; Possession at unauthorized place
93 (1) Subject to subsection (3) {{AnnSec0|93(3)A}}, 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''.

; Punishment
(2) Every person who commits an offence under subsection (1) {{AnnSec0|93(1)A}}
:(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.

; Exception
(3) Subsection (1) {{AnnSec0|93(1)A}} does not apply to a person who possesses a replica firearm.
<br>
R.S., {{LegHistory80s|1985, c. C-46}}, s. 93; 
{{LegHistory90s|1991, c. 40}}, s. 8; 
{{LegHistory90s|1995, c. 39}}, s. 139; 
{{LegHistory00s|2008, c. 6}}, s. 6; 
{{LegHistory10s|2015, c. 27}}, s. 21.
{{Annotation}}
|{{CCCSec2|93}}
|{{NoteUp|93|1|2|3}}
}}

{{quotation2|
; Unauthorized possession in motor vehicle
94 (1) Subject to subsections (3) {{AnnSec0|94(3)A}} and (4) {{AnnSec0|94(4)A}}, 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 {{AnnSec1|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 {{AnnSec1|117.07 to 117.1}} or any other Act of Parliament.

; Punishment
(2) Every person who commits an offence under subsection (1) {{AnnSec0|94(1)A}}
:(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.

; Exception
(3) Subsection (1) {{AnnSec0|94(1)A}} 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.
<br>
; Exception
(4) Subsection (1) {{AnnSec0|94(1)A}} 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.
<br>
(5) [Repealed, {{LegHistory10s|2012, c. 6}}, s. 4]<br>
R.S., {{LegHistory80s|1985, c. C-46}}, s. 94; 
{{LegHistory90s|1995, c. 39}}, s. 139; 
{{LegHistory00s|2008, c. 6}}, s. 7;
{{LegHistory10s|2012, c. 6}}, s. 4; 
{{LegHistory10s|2015, c. 27}}, s. 22.
{{Annotation}}
|{{CCCSec2|94}}
|{{NoteUp|94|1|2|3|4}}
}}

===Draft Form of Charges===
{{seealso|Draft Form of Charges}}
{{DraftHeader}}
|-
| 93(1)
| poss'n of firearm, etc.at unauthorized place
|"{{ellipsis1}}, being the holder of an authorization or a licence under which he may possess firearm or a prohibited weapon or a restricted weapon or a prohibited device or prohibited ammunition, did possess the firearm or prohibited weapon or restricted weapon or prohibited device or prohibited ammunition at an unauthorized place{{ToWit-Particulars}} {{contrary|93(1)}}."
|-
| 94(1)
| unauthorized poss'n in a motor vehicle 
|"{{ellipsis1}}, was an occupant of a motor vehicle in which [name1] or [name2], another occupant, did possess a restricted or prohibited firearm, knowing that [name1] or [name2] was not the holder of a licence to poses  it and an authorization to registration {{contrary|94(1)}}."
|-
| 94(1)
| 
|"{{ellipsis1}}, {{contrary|94(1)}}."
|-
| 94(1)
| 
|"{{ellipsis1}}, {{contrary|94(1)}}."
|-
| 94(1)
| 
|"{{ellipsis1}}, {{contrary|94(1)}}."
{{DraftEnd}}

==Proof of the Offences==
{{ElementHeader}}
{{ElementLeft}}

{{Proving|Possession at unauthorized place|93}}
{{InitialElements}}
# {{box}} the culprit possessed a thing;
# {{box}} the thing was a "firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition";
# {{box}} the thing was not a replica firearm;
# {{box}} the culprit was a "holder of an authorization or a licence under which the person may possess a firearm, a prohibited weapon, a restricted weapon, a prohibited device or prohibited ammunition";
# {{box}} the place of the prohibited act was either:
## {{box}} indicated on the authorization or licence as being a place where the person may not possess it;
## {{box}} other than a place indicated on the authorization or licence as being a place where the person may possess it; or
## {{box}} other than a place where it may be possessed under the ''Firearms Act''.

{{ElementRight}}

{{Proving|Unauthorized possession in motor vehicle|94}}
{{InitialElements}}
# {{box}} the culprit "is an occupant of a motor vehicle";
# {{box}} the culprit "knows there is a firearm, a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition" within it;
# {{box}} if it is a "firearm":
## {{box}} neither the culprit nor any other occupant is the holder of a "licence under which the person or other occupant may possess the firearm", and "in the case of a prohibited firearm or a restricted firearm, an authorization and a registration certificate for it," 
## {{box}} the culprit did not have "reasonable grounds to believe that any other occupant of the motor vehicle was the holder of ... a licence under which that other occupant may possess the firearm, and ... in the case of a prohibited firearm or a restricted firearm, an authorization and a registration certificate for it"; or
## {{box}} the culprit did not have "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";
# if it is a "prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition":
## {{box}} the culprit or any other occupant of the motor vehicle was not "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
## {{box}} the culprit did not have "had reasonable grounds to believe that any other occupant of the motor vehicle was ... the holder of an authorization or a licence under which the other occupant may transport" the weapon(s) or "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."
# {{box}} the culprit did not attempt "to leave the motor vehicle, to the extent that it was feasible to do so, or actually left the motor vehicle" once they became aware of the presence of the weapon(s); and 
# {{box}} neither the culprit nor any occupant "came into possession" of the weapon(s) "by operation of law".

{{ElementEnd}}

==Interpretation==

==Participation of Third Parties==
{{seealso|Role of the Victim and Third Parties|Testimonial Aids for Young, Disabled or Vulnerable Witnesses}}

; Testimonial Aids
{{3rdPTestimonyAids}}

; On Finding of Guilt 
{{VictimHeader}} <!-- Sections / Notice of Agree / Notice of Restitution / Notice of VIS --> 
|s. 93 {{DescrSec|93}} || || || 
|- 
|s. 94 {{DescrSec|94}} || || || 
|- 
{{VictimEnd}}

{{606NoticeSPIO|s. 94 {{DescrSec|94}} }}

{{RestitutionNotice}}

{{VISNotice}}

==Sentencing Principles and Ranges==
{{seealsoSentencing}}
{{seealsoSentencingWeapons}}

; Maximum Penalties
{{SProfileMaxHeader}}
{{SProfileMax|s. 93 {{DescrSec|93}} and <br>s. 94 {{DescrSec|94}}| Summary Conviction | {{summaryconviction}} }}
{{SProfileMax|s. 93 {{DescrSec|93}} | Indictable Conviction | {{Max5Years}} }}
{{SProfileMax|s. 94 {{DescrSec|94}} | Indictable Conviction |{{Max10Years}} }}
{{SProfileEnd}}

{{MaxPenaltyHybrid|s. 93 {{DescrSec|93}} and 94 {{DescrSec|94}}|'''{{Max5Years}}''' under s. 93 and '''{{Max10Years}}''' under s. 94 {{DescrSec|94}}|'''{{summaryconviction}}'''}}

; Minimum Penalties
{{NoMinimumPenalties}}

; Available Dispositions
All dispositions are available unless there is a conviction under s. 94 and involves the "use of a weapon" in which case there is no conditional sentence. <!-- NB: is this accurate where the max is 5 years-->

; Consecutive Sentences
{{NoConsecutive}}

===Principles===

===Ranges===
{{seealsoRanges|Possession of a Firearm in an Unauthorized Place}}

==Ancillary Sentencing Orders==
{{seealso|Ancillary Orders}}

; Offence-specific Orders
{{AOrderHeader}}

{{AOrder1| [[DNA Orders]] |s. 93 {{DescrSec|93}} or 94 {{DescrSec|94}} |
* {{SecondDNA(AorB)Hybrid|s. 93 {{DescrSec|93}} and 94 {{DescrSec|94}} }} }}

{{AOrder1| [[Weapons Prohibition Orders]] |s. 93 {{DescrSec|93}} or 94 {{DescrSec|94}} |
* {{Section109|A|s. 94 {{DescrSec|94}} }}
* {{Section109|D|s. 93 {{DescrSec|93}} and 94 {{DescrSec|94}} }}
* {{Section110|s. 93 {{DescrSec|93}} or 94 {{DescrSec|94}} }} }}

{{AOrderEnd}}

; General Sentencing Orders
{{GeneralSentencingOrders}}

; General Forfeiture Orders
{{GeneralForfeitureOrders}}

==Record Suspensions and Pardons==
{{RecordSuspension|s. 93 {{DescrSec|93}} or 94 {{DescrSec|94}} }}

==History==
{{seealso|List of Criminal Code Amendments|Table of Concordance (Criminal Code)}}

* [[History of Possession of a Firearm in an Unauthorized Place (Offence)]]

==See Also==

{{OffencesNavBox/Weapons}}