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Criminal Code

s. 91 Unauthorized Possession of Firearm

Unauthorized possession of firearm

  • Weapons & Firearms
  • Weapons & Firearms
Maximum sentence
5 years
Classification
Hybrid

Last verified: June 2026 · Source: laws-lois.justice.gc.ca

The law says

Criminal Code s. 91
Verify on justice.gc.ca(opens in a new tab)
  • (1)Subject to subsection (4), 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.
  • (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, without being the holder of a licence under which the person may possess it.
  • (3)Every person who commits an offence under subsection (1) or (2) (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
  • (b)is guilty of an offence punishable on summary conviction.
  • (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 (5) [Repealed, 2012, c. 6, s. 2]
Amendment History (6)
  • R.S., 1985, c. C-46, s. 91
  • 1991, c. 28, s. 7, c. 40, ss. 5, 36
  • 1995, c. 22, s. 10, c. 39, s. 139
  • 2008, c. 6, s. 4
  • 2012, c. 6, s. 2
  • 2015, c. 27, s. 19

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Immigration

Where this offence sits under IRPA

This offence is hybrid. The top sentence is 5 years. A conviction is treated as criminality under IRPA s.36(2). Under that ground, a foreign national is inadmissible, which means barred from entering or staying in Canada. Five years keeps it below serious criminality. Even so, the CBSA looks hard at firearms offences. A sentence of more than six months in prison imposed in Canada would make it serious criminality (s.36(1)(a)).

This is how the law sorts the offence, not a reading of any one record. An officer decides each case.

IRPA sections involved

Guides on offences like this one

No guide cites this section directly. These guides cite related offences.

Weapons & Firearms Conviction Entry to Canada

Related sections

Criminal Code s. 86Careless Use of FirearmHybridCriminal Code s. 88Possession of Weapon for Dangerous PurposeHybridCriminal Code s. 92Possession of Firearm Knowing UnauthorizedIndictableCriminal Code s. 95Possession of Prohibited or Restricted Firearm with AmmunitionHybrid