History of Unauthorized Possession of a Firearm (Offence): Difference between revisions

Latest revision as of 18:57, 27 April 2023

< Criminal Law
< Legislative History

History

See also: List of Criminal Code Amendments and Unauthorized Possession of a Firearm (Offence)

2012 to Present

Unauthorized possession of firearm

91 (1) Subject to subsection (4), every person commits an offence who possesses a prohibited firearm, a restricted firearm or a non-restricted firearm without being the holder of

(a) a licence under which the person may possess it; and

(b) in the case of a prohibited firearm or a restricted firearm, a registration certificate for it.

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.

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 prohibited firearm, a restricted firearm, a non-restricted 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 prohibited firearm, a restricted firearm, a non-restricted 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 prohibited firearm or a restricted firearm, a registration certificate for it.

(5) [Repealed, 2012, c. 6, s. 2]
R.S., 1985, c. C-46, s. 91; 1991, c. 28, s. 7, c. 40, ss. 5, 36; 1995, c. 22, s. 10, c. 39, s. 139; 2008, c. 6, s. 4; 2012, c. 6, s. 2; 2015, c. 27,s. 19.

– CCC (CanLII), (DOJ)

2008 to 2012

Unauthorized possession of firearm

91 (1) Subject to subsections (4) and (5), every person commits an offence who possesses a firearm without being 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), 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.

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., 1985, c. C-46, s. 91; 1991, c. 28, s. 7, c. 40, ss. 5, 36; 1995, c. 22, s. 10, c. 39, s. 139; 2008, c. 6, s. 4.

– CCC

1995 to 2008

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.

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., 1985, c. C-46, s. 91; 1991, c. 28, s. 7, c. 40, ss. 5, 36; 1995, c. 22, s. 10, c. 39, s. 139.

– CCC

@@ Line 2: / Line 2: @@
 {{HeaderHistory}}
 ==History==
-{{seealso|List of Criminal Code Amendments| History of Unauthorized Possession of a Firearm (Offence)}}
+{{seealso|List of Criminal Code Amendments|Unauthorized Possession of a Firearm (Offence)}}
+===2012 to Present===
+{{quotation1|
+; Unauthorized possession of firearm
+(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.
+|{{CCCSec2|91}}
+}}
 ===2008 to 2012===
-{{quotation|
+{{quotation1|
-'''Unauthorized possession of firearm'''<br>
+; Unauthorized possession of firearm
-. (1) Subject to subsections (4) and (5), every person commits an offence who possesses a firearm without being the holder of
+(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'''<br>
+; 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.
+(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>
+<br>
-'''Punishment'''<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'''<br>
+; 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
@@ Line 26: / Line 54: @@
 ::(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'''<br>
+; 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;
@@ Line 32: / Line 60: @@
 :(c) is in possession of the firearm to hunt or trap in order to sustain the person or the person’s family.
-R.S., 1985, c. C-46, s. 91; 1991, c. 28, s. 7, c. 40, ss. 5, 36; 1995, c. 22, s. 10, c. 39, s. 139; 2008, c. 6, s. 4.
+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===
-{{quotation|
+{{quotation1|
-'''Unauthorized possession of firearm'''<br>
+; Unauthorized possession of firearm
-. (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
+(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'''<br>
+; 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'''<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'''<br>
+; 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
@@ Line 57: / Line 86: @@
 ::(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'''<br>
+; 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;
@@ Line 63: / Line 92: @@
 :(c) is in possession of the firearm to hunt or trap in order to sustain the person or the person’s family.
-R.S., 1985, c. C-46, s. 91; 1991, c. 28, s. 7, c. 40, ss. 5, 36; 1995, c. 22, s. 10, c. 39, s. 139.
+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]
 }}