Canadian Criminal Sentencing/Offences/Unauthorized Possession of a Firearm
| Unauthorized Possession of a Firearm | |
|---|---|
| s. 91 of the Crim. Code | |
| Election / Plea | |
| Crown Election | Hybrid |
| Jurisdiction | Prov. Court SC Judge + PI (I) SC Jury + PI (I) (536(2)) |
| Summary Dispositions | |
| Avail. Disp. | Discharge (730) Suspended Sentence (731(1)(a)) |
| Maximum | 6 months jail or $5,000 fine |
| Indictable Dispositions | |
| Avail. Disp. | same as summary |
| Maximum | 5 years |
| References | |
| Offence Elements Sentence Principles Sentence Digests | |
Legislation
[edit | edit source]Unauthorized possession of firearm
91.
...
Punishment
(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.
...
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.
– CCC
Application
[edit | edit source]Principles
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Factors
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Ancillary Orders
[edit | edit source]- Weapons Prohibition
- Forfeiture of weapon (if seized by police)
- DNA Order
Recommended Probationary Terms
[edit | edit source]- no possession of weapons, explosives or ammunition
Case Digests
[edit | edit source]- R v Trecartin, 2012 NBQB 162 - 12 months - found in possession of a shotgun, handgun, and assault rifle--guns found locked away
- R. v. Veranski, 2010 BCCA 211 -- 21 month CSO -- 9 mm CA semi automatic pistol; 38 years old; no criminal record--arrested carrygin a bag with a firearm--ammo in the magazine and chamber