Canada regulates firearms through a licensing and registration system, and possessing a firearm without the required licence, or in some cases registration, is itself a criminal offence, separate from how the firearm is used. This guide explains how unauthorized possession is defined under sections 91 and 92 of the Criminal Code, the important distinction between the two sections, potential penalties, and what generally happens after this kind of charge in Ontario. It is general legal information, not legal advice about a specific case.
Ontario's Firearms Licensing System
In Canada, possessing a firearm generally requires a valid licence issued under the Firearms Act, and prohibited or restricted firearms additionally require a registration certificate for that specific firearm. Firearms themselves are classified as non-restricted, restricted, or prohibited, with different rules governing each category. Possessing a firearm outside this licensing and registration framework can result in criminal charges under the Criminal Code, regardless of whether the firearm was ever used or intended to be used for any unlawful purpose.
Section 91: Possession Without a Licence
Section 91 of the Criminal Code makes it an offence to possess a firearm without holding the licence required to possess it, and, for a prohibited or restricted firearm, without the required registration certificate. This offence does not require proof that the person knew their possession was unauthorized; it focuses on the objective fact that the required licence or registration was missing.
Section 92: Knowingly Possessing an Unauthorized Firearm
Section 92 covers the same basic conduct as section 91, but requires proof that the person knew they did not hold the required licence, and, where applicable, registration certificate. Because this knowledge element makes the offence more clearly intentional, section 92 is treated as more serious than section 91 and carries a higher maximum penalty.
Classification and Penalties
Unauthorized Possession (Sections 91-92) at a Glance
- Classification – section 91
- Hybrid offence (Crown elects summary conviction or indictment)
- Maximum penalty – section 91
- Up to 5 years on indictment; a lesser maximum on summary conviction
- Classification – section 92
- Indictable offence only (no summary conviction option)
- Maximum penalty – section 92
- Up to 10 years imprisonment
- Mandatory minimum sentence
- None for sections 91 or 92
These figures reflect the Criminal Code as of this page's last update. Actual sentences depend on the type of firearm, the circumstances of possession, and the person's record. Related firearm offences, such as possession of a loaded prohibited or restricted firearm under section 95, can carry different rules, including mandatory minimums that have been subject to constitutional challenge; see our related weapons page for more. A criminal lawyer can confirm the current state of the law for a specific case.
Common Scenarios
Unauthorized possession charges arise in a range of situations, including a person whose firearms licence has lapsed or been revoked continuing to possess firearms, someone inheriting or otherwise acquiring a firearm from a family member without transferring it through the proper licensing process, a person storing a firearm for someone else without holding the necessary licence themselves, or someone bringing a firearm across the Canada-United States border without the required documentation, which can also raise separate importing-related issues. These charges also frequently arise as an additional charge when police discover a firearm during an unrelated investigation, such as a search connected to another offence.
Firearms licensing rules involve regular renewal requirements and specific procedures for transferring firearms between individuals. Letting a licence lapse, even unintentionally, can create criminal exposure under section 91, which does not require proof of knowledge.
How This Relates to Other Weapons Charges
Unauthorized possession under sections 91 and 92 is distinct from, though sometimes charged alongside, other weapons offences. Possessing a firearm that is itself prohibited or restricted in a loaded or readily accessible state is addressed separately, discussed on our possession of a prohibited or restricted weapon page. Selling or transferring firearms outside the legal framework is addressed under our weapons trafficking page. Where a firearm is not properly stored in accordance with regulatory requirements, separate charges may apply, discussed on our firearms storage page.
Anyone in Ontario who possesses firearms, including those inherited or received as a gift, should confirm their licensing status directly with the Chief Firearms Officer or a licensed firearms retailer rather than assuming a licence is unnecessary or automatically transfers between family members.
Possible Defences
Defending a section 91 or 92 charge often focuses on whether the person actually held a valid licence or registration certificate at the relevant time, which can sometimes involve administrative records that need to be carefully reviewed, since paperwork delays or errors can occasionally create the appearance of unauthorized possession where none genuinely exists. For a section 92 charge specifically, whether the Crown can prove the person actually knew their possession was unauthorized is a key issue. Questions about whether a person was truly in possession of a firearm, as opposed to merely being near one, can also arise, particularly in shared living situations. A criminal lawyer should review the specific licensing records and circumstances before advising on possible defences.
What Happens After This Charge
Bail conditions in firearms-related cases commonly include a prohibition on possessing any weapons while the case is ongoing, along with surrender of any firearms already in the person's possession. See our page on bail conditions for more. The case then proceeds through the standard court process, including disclosure of the Crown's evidence, including licensing and registration records, before moving toward a resolution or a trial. A conviction can also result in a firearms prohibition order in addition to any sentence; see our sentencing overview and criminal records overview for more.
These charges also intersect with Ontario's broader public safety enforcement priorities around illegal firearms, meaning police and Crown attorneys often treat unauthorized possession cases involving handguns or a pattern of unlicensed firearms more seriously than an isolated licensing lapse involving a single, otherwise legally owned hunting rifle. The specific type of firearm and the surrounding circumstances can meaningfully affect how a case is approached.
Frequently Asked Questions
What is the difference between section 91 and section 92?
Section 91 does not require proof that the person knew their possession was unauthorized, while section 92 requires proof of that knowledge. Because of this added intent element, section 92 is treated more seriously and carries a higher maximum penalty.
Can I be charged if my firearms licence simply expired?
Potentially, yes, under section 91, since that section does not require knowledge that the licence had lapsed. Whether a charge is pursued, and how it is resolved, can depend on the specific circumstances, including how the lapse occurred.
Does this charge apply to all types of firearms?
Yes. Sections 91 and 92 apply to non-restricted, restricted, and prohibited firearms, though restricted and prohibited firearms additionally require a registration certificate.
Will a conviction affect my ability to possess firearms in the future?
A conviction can result in a firearms prohibition order and can affect eligibility for future firearms licences. The specific consequences depend on the conviction and the court's order.
What should I do if I inherited a firearm without knowing the legal requirements?
Speak with a lawyer as soon as possible, and avoid continuing to possess the firearm without first understanding the applicable licensing and transfer requirements. Voluntarily surrendering a firearm to police in appropriate circumstances can sometimes be relevant to how a situation is resolved.