History of Possession of Unauthorized Firearms (Offence)
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History
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.
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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.
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