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Criminal Code

Version of section 92 from 2022-11-17 to 2024-05-01:


Marginal note:Possession of firearm knowing its possession is unauthorized

  •  (1) Subject to subsection (4), every person commits an offence who possesses a prohibited firearm, a restricted firearm or a non-restricted 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 to imprisonment for a term of not more than 10 years.

  • Marginal note:Exceptions

    (4) Subsections (1) and (2) do not apply to

    • (a) a person who possesses a prohibited firearm, a restricted firearm, a non-restricted 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 prohibited firearm, a restricted firearm, a non-restricted 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  • (5) and (6) [Repealed, 2012, c. 6, s. 3]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
  • 2015, c. 27, s. 20
  • 2022, c. 15, s. 3

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