Criminal Code

Version of section 92 from 2012-04-05 to 2015-06-17:

Marginal note:Possession of firearm knowing its possession is unauthorized
  •  (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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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  • (5) and (6) [Repealed, 2012, c. 6, s. 3]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.
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