Table of Contents
In Canada, the Firearms Act Canada works together with sections 91, 92, 93, and 95 of the Criminal Code to tightly regulate who may possess, use, and transfer firearms, prohibited or restricted weapons, devices, and certain types of ammunition. Violations captured under UCR Code 6550 occur when someone has or uses these items without the proper licence, registration, or other authorization required by law. These are classified as hybrid offences, meaning the Crown can choose to proceed either summarily (less serious) or by indictment (more serious), depending on the circumstances and gravity of the case.
The Legal Definition
Section 91(1): “Every person commits an offence who possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition, unless the person is authorized under the Firearms Act to possess it.”
Section 92(1): “Every person commits an offence who possesses a firearm that the person is not authorized under the Firearms Act to possess.”
Section 93(1): “Every person commits an offence who possesses a prohibited device that the person is not authorized under the Firearms Act to possess.”
Section 95(1): “Every person commits an offence who possesses a prohibited firearm, a prohibited weapon, a prohibited device or prohibited ammunition that the person is not authorized under the Firearms Act to possess.”
In plain English, these provisions mean that you cannot legally have a firearm, prohibited or restricted weapon, prohibited device (such as certain magazines or suppressors), or specific prohibited ammunition in your possession unless you are properly authorized under the Firearms Act Canada. Authorization usually takes the form of a valid firearms licence (such as a PAL or RPAL), a valid registration certificate for restricted or prohibited firearms, and any required permits or authorizations to transport or carry.
These sections also distinguish between different levels of restriction. Section 91 addresses general unauthorized possession of firearms and prohibited items. Section 92 focuses more specifically on unauthorized possession of a firearm, often in situations where the type of firearm is not allowed for that person or licence category. Section 93 targets unauthorized possession of prohibited devices, while Section 95 deals with unauthorized possession of the most tightly controlled items: prohibited firearms, prohibited weapons, prohibited devices, and prohibited ammunition. While the exact statutory wording is more detailed, the key idea is clear: if you do not have the licence or authorization that the Firearms Act requires, simply having these items can be a crime, even if you never fire or use them.
Penalties & Sentencing Framework
- Offence type: Hybrid (can be prosecuted summarily or by indictment).
- Mandatory minimum penalty: None (no minimum term of imprisonment specified).
- Maximum penalty – summary conviction: Fine of up to $5,000 and/or up to 18 months in jail.
- Maximum penalty – indictable (ss. 91–93): Up to 5 years of imprisonment.
- Maximum penalty – indictable (s. 95): Up to 10 years of imprisonment.
Because these are hybrid offences, the Crown prosecutor decides whether to proceed by summary conviction or by indictment. Summary proceedings are typically reserved for less serious cases: for example, where there is no evidence of violence, the firearm is safely stored, and the situation appears to be an oversight or administrative failure (such as an expired licence). In those cases, the potential maximum penalties are lower, and procedural safeguards differ (shorter limitation periods, different trial forums).
When the Crown proceeds by indictment, it signals that the offence is treated as more serious. This may occur when the firearm or device is prohibited, when the circumstances suggest public safety risks, or when the accused has prior related convictions. For indictable proceedings under sections 91–93, a judge can impose up to 5 years in prison. Under section 95, which targets unauthorized possession of prohibited firearms, weapons, devices, or ammunition, the maximum climbs to 10 years. While there is no mandatory minimum for these offences, judges must still consider principles of denunciation, deterrence, and public safety when determining an appropriate sentence.
The absence of mandatory minimums offers courts flexibility. Sentencing will consider factors such as whether the firearm was loaded, how it was stored, whether children or vulnerable persons were present, whether the firearm was linked to other criminal activity, and the accused’s personal circumstances (including prior record and efforts to comply with the Firearms Act). Even without mandatory jail, convictions under these sections are serious and can lead to firearms prohibition orders, forfeiture of seized firearms, and long-term impacts on employment, travel, and immigration status.
Common Defenses
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Lawful excuse or authorization under the Firearms Act
One of the most direct defences is to show that the accused was in fact authorized under the Firearms Act Canada to possess the firearm, weapon, device, or ammunition in question. This may involve producing a valid firearms licence, registration certificate, or a specific authorization (for example, an Authorization to Transport). The Crown must usually prove the absence of lawful authorization as part of the offence. If the defence can establish that the accused had a valid licence at the relevant time, or that an exemption applied (such as for certain peace officers or other persons covered by statutory exceptions), the charge may fail. Disputes can arise over whether a licence was actually expired, whether it covered a particular class of firearm, or whether the person reasonably fell within a statutory exception.
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Due diligence (reasonable compliance steps)
In some cases, an accused may argue that they exercised due diligence—they took all reasonable steps to comply with the Firearms Act and believed on reasonable grounds that they were authorized to possess the item. For example, someone may have applied to renew their licence in good time and reasonably believed it remained valid, or they may have relied on incorrect but official information from a licensing authority. While firearms offences are generally strict in nature, evidence of serious, documented efforts to follow the law may influence whether a conviction is appropriate or may at least significantly impact sentencing. The success of a due diligence defence will depend on the specific facts and how carefully the accused attempted to follow the legal framework.
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Charter rights violations (unreasonable search or seizure)
Another important defence focuses not on whether the accused had a firearm, but on how the evidence was obtained. Section 8 of the Canadian Charter of Rights and Freedoms protects against unreasonable search and seizure. If police discovered the firearm, weapon, or device through a search that violated the Charter—such as entering a home without a warrant or valid legal authority, or conducting an unjustified vehicle search—the defence can apply to exclude that evidence. If a court finds a Charter breach and excludes the unlawfully obtained firearm from evidence, the Crown may be left without proof of possession, leading to an acquittal. Firearms cases under sections 91–95 frequently involve vehicle stops, home searches, or searches incident to arrest, so Charter analysis is often central to the defence strategy.
Real-World Example
Imagine John, who discovers his late grandfather’s handgun in the attic. John does not hold a valid Possession and Acquisition Licence (PAL) or Restricted PAL, and the handgun is not registered to him. He decides to keep it for sentimental reasons, stores it in a drawer, and never attempts to fire or sell it. After an unrelated call to John’s home, police lawfully enter and, during a valid search, locate the handgun. Because John has no licence and no registration or other authorization under the Firearms Act Canada, he can be charged with unauthorized possession under sections 91 or 92 of the Criminal Code, depending on the classification of the firearm. If the handgun is a prohibited firearm (for example, based on barrel length or other statutory criteria), section 95 may apply, exposing him to a higher maximum penalty.
From a policing perspective, the key issues will be whether the search was lawful, whether the firearm is functional and classifiable as a firearm under the Act, and whether there is any evidence of other criminality (such as trafficking or use in an offence). For the Crown and the court, the focus shifts to whether John had any valid authorization, whether he took any steps to comply (for example, contacting authorities to surrender the gun), and whether the circumstances suggest a risk to public safety. Even though John never used the gun, simple possession without authorization is enough for a conviction, illustrating how strict and preventative Canada’s firearms regime is.
Record Suspensions (Pardons)
Convictions under UCR Code 6550 for offences tied to sections 91, 92, 93, and 95 are serious but do not necessarily remain on a criminal record forever. Because these are hybrid offences, eligibility for a record suspension (pardon) depends on how the Crown proceeded and what sentence was imposed. In general terms, hybrid offences in Canada become eligible for a record suspension after a waiting period of approximately 5 to 10 years following the completion of the sentence. Completion includes serving any jail time, finishing probation, and paying all fines, surcharges, or restitution. Less serious, summary-type convictions typically face a shorter waiting period (around 5 years), while indictable convictions—and especially those for more serious conduct under section 95—may face longer waits (around 10 years).
A record suspension does not erase the conviction, but it removes it from most routine criminal record checks, which can be vitally important for employment, volunteering, education, and immigration purposes. However, firearms-related convictions may remain relevant for certain security screenings and can affect a person’s future eligibility to lawfully possess firearms. Applying for a record suspension is administered by the Parole Board of Canada and requires demonstrating good conduct and stable, law-abiding behaviour since the conviction.
Related Violations
- Unauthorized Possession of a Firearm
- Possession of a Weapon for a Dangerous Purpose
- Trafficking Firearms
