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Criminal Code

s. 92 Possession of Firearm Knowing Unauthorized

Possession of firearm knowing its possession is unauthorized

  • Weapons & Firearms
  • Weapons & Firearms
Maximum sentence
10 years
Classification
Indictable

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

The law says

Criminal Code s. 92
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 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.
  • (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.
  • (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.
  • (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  • (5)and (6) [Repealed, 2012, c. 6, s. 3]
Amendment History (8)
  • 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

Justice Laws is the authoritative version. If this copy and it ever differ, Justice Laws wins.

Immigration

Where this offence sits under IRPA

The Crown must charge this offence by indictment. The top sentence is 10 years. That makes a conviction serious criminality under IRPA s.36(1), the harsher of the two crime grounds. Knowing that the possession is unlicensed brings harsher immigration effects than simple unauthorized possession.

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

IRPA sections involved

Guides that explain this section