Possession Offences
Possession of a weapon for dangerous purposes, carrying a concealed weapon, and unauthorized firearm possession, under Sections 88, 90, 92, and 95 of the Criminal Code, are serious offences. These hybrid and indictable offences carry penalties up to 14 years in prison, depending on the charge and election.
Possession of Weapon for Dangerous Purposes (s. 88)
Under Section 88, it is an offence to carry or possess a weapon for a dangerous purpose or for the purpose of committing an offence. In addition to a weapon, this offence applies to imitation weapons, prohibited devices, amminution or prohibited ammunition. This is a hybrid offence, which means that the Crown can elect to proceed by way of indictment or summarily. An indictable election carries a maximum sentence of incarceration for 10 years, whereas a summary election results in reduced penalties.
Carrying a Concealed Weapon (s. 90)
Carrying a weapon, a prohibited device, or any prohibited ammunition concealed is an offence unless authorized to do so under the Firearms Act. This is a hybrid offence, which means that the Crown can elect to proceed by indictment or summarily. An indictable election carries a maximum sentence of 5 years of incarceration, while a summary election results in reduced penalties.
Possession of a Firearm, Weapon, Device, or Ammunition Knowing its Possession is Unauthorized (s. 92)
It is an offence fo possess a prohibited firearm or a restricted firearm without a registration certificate, and to possess a non-restricted firearm without a licence. It is also an offence to possess a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition with the knowledge that they do not have a license to do so. This is an indictable offence and is punishable by a maximum of 10 years incarceration.
Possession of Prohibited or Restricted Firearm with Ammunition (s. 95)
It is an offence to possess a loaded prohibited or restricted firearm without an authorization, license or certificate. The same if such a firearm is unloaded, if ammunition is readily accessible and capable of being discharged. There is an exception to this offence and this section does not apply if you are under the direct and immediate supervision of a person who is lawfully entitled to possess the firearm and if you are using it in the same manner as that person is lawfully entitled to use the firearm. This is a hybrid offence, which means that the Crown can elect to proceed by way of indictment or summarily. An indictable election carries a maximum sentence of 14 years incarceration, while a summary election results in reduced penalties.