History of Possession of Unauthorized Firearms (Offence): Difference between revisions

Latest revision as of 20:10, 27 April 2023

< Criminal Law
< Legislative History

History

See also: Possession of Unauthorized Firearm (Offence)

2015 to November 17, 2022

Possession of firearm knowing its possession is unauthorized

92 (1) Subject to subsection (4) [possession of weapon, firearm, device, or ammo – exceptions], every person commits an offence who possesses a prohibited firearm, a restricted firearm or a non-restricted firearm knowing that the person is not 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.

Possession of prohibited weapon, device or ammunition knowing its possession is unauthorized

(2) Subject to subsection (4) [possession of weapon, firearm, device, or ammo – exceptions], 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 knowing that the person is not the holder of a licence under which the person may possess it.

Punishment

(3) Every person who commits an offence under subsection (1) [possession of firearm knowing its possession is unauthorized – offence] or (2) [possession of prohibited weapon, devcie or ammunition knowing its possession is unauthorized] is guilty of an indictable offence and liable

(a) in the case of a first offence, to imprisonment for a term not exceeding ten years;

(b) in the case of a second offence, to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; and

(c) in the case of a third or subsequent offence, to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of two years less a day.

[omitted (4), (5) and (6)]
R.S., 1985, c. C-46, s. 92; R.S., 1985, c. 1 (2nd Supp.), s. 213; 1991, c. 40, s. 7; 995, c. 39, s. 139; 2008, c. 6, s. 5; 2012, c. 6, s. 3; 2015, c. 27,s. 20.
[annotation(s) added]

– CCC (CanLII), (DOJ)

Note up: 92 (1), (2) and (3)

2012 to 2015

Possession of firearm knowing its possession is unauthorized

92 (1) Subject to subsection (4), every person commits an offence who possesses a firearm knowing that the person is not 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.

Possession of prohibited weapon, device or ammunition knowing its possession is unauthorized

(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 knowing that the person is not 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) is guilty of an indictable offence and liable

(a) in the case of a first offence, to imprisonment for a term not exceeding ten years;

(b) in the case of a second offence, to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; and

(c) in the case of a third or subsequent offence, to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of two years less a day.

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

(5) and (6) [Repealed, 2012, c. 6, s. 3]
R.S., 1985, c. C-46, s. 92; R.S., 1985, c. 1 (2nd Supp.), s. 213; 1991, c. 40, s. 7; 1995, c. 39, s. 139; 2008, c. 6, s. 5; 2012, c. 6, s. 3.

– CCC

2008 to 2012

Possession of firearm knowing its possession is unauthorized

92 (1) Subject to subsections (4) and (5), every person commits an offence who possesses a firearm knowing that the person is not the holder of

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

(b) a registration certificate for the firearm.

Possession of prohibited weapon, device or ammunition knowing its possession is unauthorized

(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 knowing that the person is not 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) is guilty of an indictable offence and liable

(a) in the case of a first offence, to imprisonment for a term not exceeding ten years;

(b) in the case of a second offence, to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; and

(c) in the case of a third or subsequent offence, to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of two years less a day.

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.

Evidence for previous conviction

(6) Where a person is charged with an offence under subsection (1), evidence that the person was convicted of an offence under subsection 112(1) of the Firearms Act is admissible at any stage of the proceedings and may be taken into consideration for the purpose of proving that the person knew that the person was not the holder of a registration certificate for the firearm to which the offence relates.
R.S., 1985, c. C-46, s. 92; R.S., 1985, c. 1 (2nd Supp.), s. 213; 1991, c. 40, s. 7; 1995, c. 39, s. 139; 2008, c. 6, s. 5.

– CCC

1995 to 2008

Possession of firearm knowing its possession is unauthorized

92 (1) Subject to subsections (4) and (5) and section 98, every person commits an offence who possesses a firearm knowing that the person is not the holder of

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

(b) a registration certificate for the firearm.

Possession of prohibited weapon, device or ammunition knowing its possession is unauthorized

(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 knowing that the person is not 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) is guilty of an indictable offence and liable

(a) in the case of a first offence, to imprisonment for a term not exceeding ten years;

(b) in the case of a second offence, to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; and

(c) in the case of a third or subsequent offence, to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of two years less a day.

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.

Evidence for previous conviction

(6) Where a person is charged with an offence under subsection (1), evidence that the person was convicted of an offence under subsection 112(1) of the Firearms Act is admissible at any stage of the proceedings and may be taken into consideration for the purpose of proving that the person knew that the person was not the holder of a registration certificate for the firearm to which the offence relates.
R.S., 1985, c. C-46, s. 92; R.S., 1985, c. 1 (2nd Supp.), s. 213; 1991, c. 40, s. 7; 1995, c. 39, s. 139.

– CCC

@@ Line 3: / Line 3: @@
 ==History==
+{{seealso|Possession of Unauthorized Firearm (Offence)}}
+===2015 to November 17, 2022===
+{{quotation2|
+; Possession of firearm knowing its possession is unauthorized
+(1) Subject to subsection (4) {{AnnSec0|92(4)}}, every person commits an offence who possesses a prohibited firearm, a restricted firearm or a non-restricted firearm knowing that the person is not 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.
+; Possession of prohibited weapon, device or ammunition knowing its possession is unauthorized
+(2) Subject to subsection (4) {{AnnSec0|92(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 knowing that the person is not the holder of a licence under which the person may possess it.
+<br>
+; Punishment
+(3) Every person who commits an offence under subsection (1) {{AnnSec0|92(1)}} or (2) {{AnnSec0|92(2)}} is guilty of an indictable offence and liable
+:(a) in the case of a first offence, to imprisonment for a term not exceeding ten years;
+:(b) in the case of a second offence, to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; and
+:(c) in the case of a third or subsequent offence, to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of two years less a day.
+{{Removed|(4), (5) and (6)}}
+R.S., {{LegHistory80s|1985, c. C-46}}, s. 92;
+R.S., {{LegHistory80s|1985, c. 1 (2nd Supp.)}}, s. 213;
+{{LegHistory90s|1991, c. 40}}, s. 7; 995, c. 39, s. 139;
+{{LegHistory00s|2008, c. 6}}, s. 5;
+{{LegHistory10s|2012, c. 6}}, s. 3;
+{{LegHistory10s|2015, c. 27}},s. 20.
+{{Annotation}}
+|{{CCCSec2|92}}
+|{{NoteUp|92|1|2|3}}
+}}
+<!--
+===2015 to Present===
+{{quotation1|
+; Possession of firearm knowing its possession is unauthorized
+(1) Subject to subsection (4), every person commits an offence who possesses<u> a prohibited firearm, a restricted firearm or a non-restricted firearm</u> knowing that the person is not 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.
+; Possession of prohibited weapon, device or ammunition knowing its possession is unauthorized
+(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 knowing that the person is not 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) is guilty of an indictable offence and liable
+:(a) in the case of a first offence, to imprisonment for a term not exceeding ten years;
+:(b) in the case of a second offence, to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; and
+:(c) in the case of a third or subsequent offence, to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of two years less a day.
+; Exceptions
+(4) Subsections (1) and (2) do not apply to
+:(a) a person who possesses <u>a 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 <u>a 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 of a prohibited firearm or a restricted firearm, a registration certificate for it.
+(5) and (6) [Repealed, {{LegHistory10s|2012, c. 6}}, s. 3]
+<br>
+R.S., {{LegHistory80s|1985, c. C-46}}, s. 92; R.S., {{LegHistory80s|1985, c. 1 (2nd Supp.)}}, s. 213; {{LegHistory90s|1991, c. 40}}, s. 7; {{LegHistory90s|1995, c. 39}}, s. 139; {{LegHistory00s|2008, c. 6}}, s. 5; {{LegHistory10s|2012, c. 6}}, s. 3; {{LegHistory10s|2015, c. 27}},s. 20.
+|{{CCCSec2|92}}
+}}
+-->
+===2012 to 2015===
+{{quotation1|
+; Possession of firearm knowing its possession is unauthorized
+(1) Subject to <u>subsection (4),</u> every person commits an offence who possesses a firearm knowing that the person is not 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>
+; Possession of prohibited weapon, device or ammunition knowing its possession is unauthorized
+(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 knowing that the person is not 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) is guilty of an indictable offence and liable
+:(a) in the case of a first offence, to imprisonment for a term not exceeding ten years;
+:(b) in the case of a second offence, to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; and
+:(c) in the case of a third or subsequent offence, to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of two years less a day.
+; 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 <u>of a prohibited firearm or a restricted firearm, a registration certificate for it.</u>
+<u>(5) and (6) [Repealed, {{LegHistory10s|2012, c. 6}}, s. 3]</u>
+<br>
+R.S., {{LegHistory80s|1985, c. C-46}}, s. 92; R.S., {{LegHistory80s|1985, c. 1 (2nd Supp.)}}, s. 213; {{LegHistory90s|1991, c. 40}}, s. 7; {{LegHistory90s|1995, c. 39}}, s. 139; {{LegHistory00s|2008, c. 6}}, s. 5; {{LegHistory10s|2012, c. 6}}, s. 3.
+|[http://canlii.ca/t/524k2#sec CCC]
+}}
 ===2008 to 2012===
-{{quotation|
+{{quotation1|
-'''Possession of firearm knowing its possession is unauthorized'''<Br>
+; Possession of firearm knowing its possession is unauthorized
-. (1) Subject to subsections (4) and (5), every person commits an offence who possesses a firearm knowing that the person is not the holder of
+(1) Subject to subsections (4) and (5)<u>, </u>every person commits an offence who possesses a firearm knowing that the person is not the holder of
 :(a) a licence under which the person may possess it; and
 :(b) a registration certificate for the firearm.
-'''Possession of prohibited weapon, device or ammunition knowing its possession is unauthorized'''<Br>
+; Possession of prohibited weapon, device or ammunition knowing its possession is unauthorized
-(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 knowing that the person is not 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 knowing that the person is not 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) is guilty of an indictable offence and liable
 :(a) in the case of a first offence, to imprisonment for a term not exceeding ten years;
@@ Line 19: / Line 109: @@
 :(c) in the case of a third or subsequent offence, to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of two years less a day.
-'''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 116: @@
 ::(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 122: @@
 :(c) is in possession of the firearm to hunt or trap in order to sustain the person or the person’s family.
-'''Evidence for previous conviction'''<br>
+; Evidence for previous conviction
-(6) Where a person is charged with an offence under subsection (1), evidence that the person was convicted of an offence under subsection 112(1) of the Firearms Act is admissible at any stage of the proceedings and may be taken into consideration for the purpose of proving that the person knew that the person was not the holder of a registration certificate for the firearm to which the offence relates.
+(6) Where a person is charged with an offence under subsection (1), evidence that the person was convicted of an offence under subsection 112(1) of the ''Firearms Act'' is admissible at any stage of the proceedings and may be taken into consideration for the purpose of proving that the person knew that the person was not the holder of a registration certificate for the firearm to which the offence relates.
 <br>
-R.S., 1985, c. C-46, s. 92; R.S., 1985, c. 1 (2nd Supp.), s. 213; 1991, c. 40, s. 7; 1995, c. 39, s. 139; 2008, c. 6, s. 5.
+R.S., {{LegHistory80s|1985, c. C-46}}, s. 92; R.S., {{LegHistory80s|1985, c. 1 (2nd Supp.)}}, s. 213; {{LegHistory90s|1991, c. 40}}, s. 7; {{LegHistory90s|1995, c. 39}}, s. 139; {{LegHistory00s|2008, c. 6}}, s. 5.
 |[http://canlii.ca/t/lf1r#sec92 CCC]
@@ Line 41: / Line 131: @@
 ===1995 to 2008===
-{{quotation|
+{{quotation1|
-'''Possession of firearm knowing its possession is unauthorized'''<br>
+; Possession of firearm knowing its possession is unauthorized
-. (1) Subject to subsections (4) and (5) and section 98, every person commits an offence who possesses a firearm knowing that the person is not the holder of
+(1) Subject to subsections (4) and (5) and section 98, every person commits an offence who possesses a firearm knowing that the person is not the holder of
 :(a) a licence under which the person may possess it; and
 :(b) a registration certificate for the firearm.
-'''Possession of prohibited weapon, device or ammunition knowing its possession is unauthorized'''<br>
+; Possession of prohibited weapon, device or ammunition knowing its possession is unauthorized
 (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 knowing that the person is not the 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) is guilty of an indictable offence and liable
 :(a) in the case of a first offence, to imprisonment for a term not exceeding ten years;
@@ Line 56: / Line 146: @@
 :(c) in the case of a third or subsequent offence, to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of two years less a day.
-'''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 63: / Line 153: @@
 ::(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 69: / Line 159: @@
 :(c) is in possession of the firearm to hunt or trap in order to sustain the person or the person’s family.
-'''Evidence for previous conviction'''<Br>
+; Evidence for previous conviction
-(6) Where a person is charged with an offence under subsection (1), evidence that the person was convicted of an offence under subsection 112(1) of the Firearms Act is admissible at any stage of the proceedings and may be taken into consideration for the purpose of proving that the person knew that the person was not the holder of a registration certificate for the firearm to which the offence relates.
+(6) Where a person is charged with an offence under subsection (1), evidence that the person was convicted of an offence under subsection 112(1) of the ''Firearms Act'' is admissible at any stage of the proceedings and may be taken into consideration for the purpose of proving that the person knew that the person was not the holder of a registration certificate for the firearm to which the offence relates.
 <br>
-R.S., 1985, c. C-46, s. 92; R.S., 1985, c. 1 (2nd Supp.), s. 213; 1991, c. 40, s. 7; 1995, c. 39, s. 139.
+R.S., {{LegHistory80s|1985, c. C-46}}, s. 92; R.S., {{LegHistory80s|1985, c. 1 (2nd Supp.)}}, s. 213; {{LegHistory90s|1991, c. 40}}, s. 7; {{LegHistory90s|1995, c. 39}}, s. 139.
 |[http://canlii.ca/t/hzbv#sec92 CCC]
 }}