Possessing a firearm without the proper authorization is a criminal offence in Canada under Section 91 of the Criminal Code. This law makes it illegal to have a firearm unless you hold the appropriate Possession and Acquisition Licence (PAL) and, in cases of restricted or prohibited firearms, a registration certificate.
If you have been charged with unauthorized firearm possession, it is important to understand the legal framework, potential consequences, and possible defences available to you.
Unauthorized Possession of a Firearm: Legal Definition
Section 91(1) of the Criminal Code states:
"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 if you have a firearm but lack the required legal documentation, you may face criminal charges, even if the firearm was never used or intended to be used.
Arrested for unauthorized possession of a firearm? Take action now—call (855) 585-1777 to defend against the charge.
Essential Elements of Unauthorized Possession of a Firearm
To convict someone of unauthorized firearm possession, the Crown prosecutor must prove:
- Possession: The accused had actual or constructive possession of the firearm.
- Firearm Type: The weapon in question was a non-restricted, restricted, or prohibited firearm.
- Lack of a Valid Licence: The accused did not hold a Possession and Acquisition Licence (PAL).
- Lack of Registration Certificate: If the firearm was restricted or prohibited, no valid registration certificate was held.
- No Applicable Legal Exemption: The accused was not in lawful temporary possession under an exemption (such as under supervision or while lawfully disposing of the firearm).
In some cases, if the firearm was found in a shared home or vehicle, the Crown must also prove knowledge and control over the firearm.
Potential Consequences of Unauthorized Possession of a Firearm
Unauthorized firearm possession is a hybrid offence, meaning the Crown has discretion to proceed either summarily or by indictment, depending on the circumstances.
Summary Conviction Penalties
- Maximum penalty: 2 years less a day in jail and/or a $5,000 fine.
Indictable Offence Penalties
- Maximum penalty: 5 years of imprisonment.
There is no mandatory minimum sentence for this offence, which allows for sentencing flexibility based on individual case factors.
An unauthorized possession of a firearm charge doesn’t have to define your future. Call (855) 585-1777 for strategic legal defence today.
Defences Against an Unauthorized Possession of a Firearm Charge
There are several legal defences that may be available, including:
- No Possession: If the firearm was discovered in a shared residence or vehicle, the Crown must prove that you had both knowledge of and control over the firearm.
- Valid Licencing or Registration: If you had a valid PAL or registration certificate at the time of the alleged offence, the charge may be dismissed.
- Temporary Lawful Possession: If you inherited or found a firearm and took reasonable steps to surrender or lawfully dispose of it, you may have a valid defence.
- Charter Rights Violations: If law enforcement illegally searched your property or violated your Charter rights, evidence obtained unlawfully may be excluded from trial.
A conviction for unauthorized firearm possession can have lasting consequences, including a criminal record, travel restrictions, and employment difficulties. A criminal defence lawyer can help protect your rights by challenging the evidence, negotiating a reduced charge, or advocating for alternative sentencing options.
Don’t Face Your Unauthorized Possession of a Firearm Charge Alone
An experienced criminal defence lawyer is vital when dealing with Unauthorized Possession of a Firearm charges. They can guide you through the legal maze, safeguard your rights, and devise a robust defence strategy specific to your case.
Get a Free Legal Consultation With a Criminal Lawyer
Do not hesitate to contact us if you are facing Unauthorized Possession of a Firearm charges. Call (855) 585-1777 and a skilled criminal defence lawyer will review your case with you and consider your alternatives.