Unauthorized Possession of a Firearm

Unauthorized possession of a firearm is a serious criminal offence under Canadian law. Governed by Section 91 of the Criminal Code, this offence applies to individuals who possess firearms without the necessary legal documentation, such as a Possession and Acquisition Licence (PAL) and, where applicable, a registration certificate.

If you are facing a charge of unauthorized possession of a firearm, understanding your rights, potential defences, and the legal consequences is critical.

Unauthorized Possession of a Firearm: Criminal Code Definition

Under Section 91(1) of the Criminal Code:

"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."

This means that merely possessing a firearm without the required licence or registration can result in criminal charges, even if you did not use or intend to use the weapon.

Charged with unauthorized possession of a firearm? Protect your rights. Call (306) 994-9522 for immediate legal assistance.

Key Elements of Unauthorized Possession of a Firearm

To secure a conviction, the Crown prosecutor must prove beyond a reasonable doubt that:

• The accused was in possession of a firearm (possession can be actual or constructive);
• The firearm was non-restricted, restricted, or prohibited;
• The accused did not have a valid Possession and Acquisition Licence (PAL);
• If the firearm was restricted or prohibited, the accused did not have a valid registration certificate;
• No applicable exemptions applied (e.g., temporary lawful possession, disposal within a reasonable period).

Certain exemptions exist, such as possessing a firearm under the immediate supervision of a legally authorized individual or taking reasonable steps to dispose of a firearm acquired by operation of law.

Potential Penalties for Unauthorized Possession of a Firearm

Unauthorized possession of a firearm is a hybrid offence, meaning the Crown can choose to proceed either by summary conviction or by indictment, depending on the severity of the circumstances.

Summary Conviction

• Maximum penalty: 2 years less a day in jail and/or a $5,000 fine.

Indictable Offence

• Maximum penalty: 5 years of imprisonment.

Unlike many firearm-related offences, there is no mandatory minimum sentence for unauthorized possession of a firearm, allowing for greater discretion in sentencing.

An unauthorized possession of a firearm charge can impact your life forever. Call (306) 994-9522 for trusted legal guidance.

Potential Defences Against an Unauthorized Possession of a Firearm Charge

Several defences may apply to a charge of unauthorized possession of a firearm, including:

• Lack of Possession: If the firearm was found in a shared space or vehicle, the Crown must prove that you had knowledge and control over the firearm.
• Valid Licence or Registration: If you held a valid PAL or registration certificate at the time of the alleged offence, the charge could be dismissed.
• Lawful Temporary Possession: If you acquired the firearm legally but temporarily (e.g., inheriting or finding it), you may have a defence if you took reasonable steps to surrender or dispose of it within a reasonable time.
• Charter Violations: If law enforcement illegally searched your property or violated your Charter rights, evidence may be excluded from trial, potentially leading to a dismissal of charges.

A conviction for unauthorized possession of a firearm can have serious consequences, including a criminal record, travel restrictions, and difficulties securing employment. An experienced criminal defence lawyer can help challenge the evidence, negotiate a reduced charge, or seek alternative sentencing options.

Have You Been Charged with Unauthorized Possession of a Firearm?

An experienced criminal defence lawyer is essential when facing an Unauthorized Possession of a Firearm charge. A criminal defence lawyer can help you navigate the complexities of the legal system, protect your rights, and develop a strong defence strategy tailored to your case.

Need a Criminal Defence Lawyer? Get a Free Legal Consultation With Nicholas Robinson, Criminal Defence Lawyer

Don't hesitate to reach out to us if you have been charged with Unauthorized Possession of a Firearm. Call (306) 994-9522, and a skilled criminal defence lawyer will discuss your case with you and explore your options.