History of Unauthorized Possession of a Firearm (Offence)
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History
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.
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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