Unauthorized Possession of a Firearm
The offence of unauthorized possession of a firearm is outlined in section 91(1) of the Criminal Code.
A person commits the offence of unauthorized possession of a firearm when they have a prohibited firearm, a restricted firearm, or a non-restricted firearm without a licence and registration certificate for it.
For the purposes of the Criminal Code, the definition of firearm includes items other than a pistol, handgun, or rifle.
Examples
Person A keeps a rifle under the driver’s seat of their car but does not have a licence for it.
Person B keeps a sawed-off shotgun under their bed without having a licence for it even though they have the registration certificate for it.
Cases
R. v. Conway, 2009 CanLII 31989 (ON SC)
In R. v. Conway, the accused was found guilty of one count of unauthorized possession of a firearm for having a rifle without having a licence allowing him to possess it.
R. v. Dehaney, 2012 ONSC 3014
In R. v. Dehaney, the accused was charged with one count of attempting to possess a firearm knowing he did not have the licence or registration for it after trying to buy a Baby Desert Eagle over the phone from the leader of a criminal organization.
R. v. Godwin, 2019 ONSC 1101
In R. v. Godwin, the accused was charged with two counts of unlawful possession of a firearm for having a sawed-off shotgun in his bedroom closet and a .22 Calibre rifle in his backyard without having a licence or registration certificate for them.
Offence Specific Defence(s)
Supervision
The offence of unauthorized possession of a firearm does not apply to anyone with a prohibited firearm, restricted firearm, non-restricted firearm, prohibited weapon, restricted weapon, prohibited device, or prohibited ammunition while under the supervision of someone who can lawfully possess it and while using it in a way the supervising person may lawfully use it.
Lawfully Obtained and Dealt with
The offence of unauthorized possession of a firearm does not apply to anyone who comes into possession of a prohibited firearm, restricted firearm, non-restricted firearm, prohibited weapon, restricted weapon, prohibited device, or prohibited ammunition legally and who, within a reasonable time after getting it, lawfully gets rid of it or obtains a license and registration certificate for it.
Definition of Firearm
If the person is in possession of an object that does not fall under the Criminal Code’s definition of a “firearm” then they have not committed the offence of unauthorized possession of a firearm.
Licence and Registration Certificate
If the person in possession of the firearm has the required licence for possession and the registration certificate, then they have not committed the offence of unauthorized possession of a firearm.
More Legal Information
Law Newbie™ is a free legal assistant developed by our criminal lawyers to help you understand the law.
In criminal cases, there are very strict rules governing what evidence can be used and how it can be used.
The rights enjoyed of all those within Canada are contained in the Canadian Charter of Rights and Freedoms.
Criminal procedure is the process by which an accused person is arrested and brought through the justice system.
Sentencing refers to the punishment that is ordered when an individual is found guilty of a criminal offence.
Offences in Canada are listed in the Criminal Code. They include crimes related to people, vehicles and weapons.