Criminal Code, section 95(1)

Possession of a loaded prohibited or restricted firearm

What the law says

Maximum
14 years
Mandatory minimum
No mandatory minimum
Kind of offence
Firearms
Prosecuted
By indictment or summary conviction

Minimum (3 years first offence, 5 years subsequent) struck down in R. v. Nur, 2015 SCC 15 and repealed by S.C. 2022, c. 15 (Bill C-5). Maximum raised to 14 years by S.C. 2023, c. 32 (Bill C-21).

Read the statute on the Justice Laws website

51 cases with this offence

  1. September 11, 2026
    R. v. Dansereau, 2026 BCSC 1781Possession of a loaded prohibited or restricted firearm; Possession of a Schedule I or II substance for the purpose of trafficking; Possession of a weapon contrary to a prohibition order, Rossland. Justice Jacqueline D. Hughes
    5 years in custody (3.5 years firearm, concurrent 24 months drug, plus 1.5 years consecutive for breach of weapons prohibition), less 978 days credit
  2. August 21, 2026
    R. v. Taylor, 2026 BCSC 1698Possession of a loaded prohibited or restricted firearm; Possession of a Schedule I or II substance for the purpose of trafficking, Vernon. Justice Richard Hewson
    • Below the Crown's ask
    • On release at the time
    7 years in custody (4 years and 3 years concurrent for 2023 offences, 3 years consecutive for 2024 offence), less 6 days' credit
  3. July 31, 2026
    R. v. Braun, 2026 BCSC 1488Possession of a loaded prohibited or restricted firearm; Possession of a Schedule I or II substance for the purpose of trafficking, Victoria. Justice Lindsay R. LeBlanc
    • Below the Crown's ask
    30 months in custody (6 months concurrent on the drug count)
  4. May 8, 2026
    R. v. Steenbergen, 2026 BCSC 876Manslaughter with a firearm; Possession of a loaded prohibited or restricted firearm, Sooke. Justice Jennifer M.I. Duncan
    • On release at the time
    4 years for manslaughter with a firearm (mandatory minimum), with 9 months and 6 months concurrent on two firearm possession counts
  5. April 30, 2026
    R. v. Gill, 2026 BCSC 997Possession of a loaded prohibited or restricted firearm; Reckless discharge of a restricted or prohibited firearm, Surrey. Justice Baljinder Kaur Girn
    5 years for discharging a prohibited firearm at a place, with 40 months concurrent for possessing a loaded firearm, less 15 days pre-trial credit
  6. April 1, 2026
    R. v. Delair, 2026 BCSC 880Manslaughter with a firearm; Robbery with a restricted or prohibited firearm; Possession of a loaded prohibited or restricted firearm; Discharging a restricted or prohibited firearm with intent, Maple Ridge. Justice Eric V. Gottardi
    15 years global custody, less 927 days credit for pre-trial custody (4,548 days remaining)
  7. March 5, 2026
    R. v. Diabikulu, 2026 BCSC 514Manslaughter; Carrying a concealed weapon; Possession of a loaded prohibited or restricted firearm, Vancouver. Justice Warren B. Milman
    10 and a half years' imprisonment (8 years manslaughter, plus consecutive weapons sentences), less 930 days' credit
  8. February 18, 2026
    R. v. J.M.A., 2026 BCSC 377Careless use or storage of a firearm; Possession of a loaded prohibited or restricted firearm; Breach of a probation order; Possession of a weapon contrary to a prohibition order; Unauthorized possession of a prohibited or restricted weapon, Kelowna. Justice Briana Hardwick
    • Below the Crown's ask
    • On release at the time
    6 years 4 months in custody (5 years 4 months on loaded handgun plus 1 year consecutive for possession while prohibited), less 1,294 days credit
  9. January 16, 2026
    R. v. K.P.J.I.-B., 2026 BCSC 193Possession of a loaded prohibited or restricted firearm; Dangerous operation of a conveyance; Flight from a peace officer; Breach of a release order; Possession of a weapon contrary to a prohibition order; Occupant of a motor vehicle knowing there is a firearm, Prince George. Justice John Gibb-Carsley
    • On release at the time
    3.5 years (1,277 days) imprisonment, less 779 days credit for pre-sentence custody; 498 days remaining
  10. January 13, 2026
    R. v. Walczak, 2026 BCSC 167Possession of a firearm knowing its possession is unauthorized; Possession of a loaded prohibited or restricted firearm; Possession of a weapon contrary to a prohibition order; Contravention of firearm storage regulations; Possession of a weapon obtained by the commission of an offence; Possession of a prohibited or restricted weapon or prohibited device knowing possession is unauthorized; Possession of explosive substance without lawful excuse, Port Alberni. Justice Robin A. M. Baird
    7 years' imprisonment (global) less 987 days' pre-sentence credit
  11. December 18, 2025
    R. v. Kipp, 2025 BCSC 2616Possession of a loaded prohibited or restricted firearm; Possession of a weapon contrary to a prohibition order, Nanaimo. Justice Lisa J. Hamilton
    • Below the Crown's ask
    Two years less a day conditional sentence on house arrest, then 3 years probation
  12. December 15, 2025
    R. v. Khouchaba, 2025 BCSC 2592Possession of a loaded prohibited or restricted firearm; Unauthorized possession of a prohibited or restricted weapon, Port Alberni. Justice Karrie A. Wolfe
    3 years in custody (36 months on loaded prohibited firearm, 6 months concurrent on prohibited device)
  13. December 8, 2025
    R. v. Sohi, 2025 BCSC 2484Possession of a weapon for a dangerous purpose; Possession of a firearm knowing its possession is unauthorized; Possession of a loaded prohibited or restricted firearm; Possession of a Schedule I or II substance for the purpose of trafficking; Contravention of firearm storage regulations, New Westminster. Justice Eric V. Gottardi
    • Below the Crown's ask
    4 years global: 4 years for possession for the purpose of trafficking, with concurrent firearms sentences of 2 to 3 years
  14. November 28, 2025
    R. v. Buchanan, 2025 BCSC 2435Unauthorized possession of a firearm; Possession of a loaded prohibited or restricted firearm, Vernon. Justice Steven Wilson
    • Below the Crown's ask
    30 months imprisonment (6 months concurrent on the second count), less 119 days credit
  15. October 17, 2025
    R. v. Kovacs, 2025 BCSC 2190Unauthorized possession of a firearm; Possession of a loaded prohibited or restricted firearm; Possession of a Schedule I or II substance for the purpose of trafficking; Possession of a weapon contrary to a prohibition order, Kelowna. Justice Richard Hewson
    • Below the Crown's ask
    1,800 days' imprisonment (36 months on drug counts plus 24 months consecutive on firearm counts), less 384 days' credit; 1,416 days remaining
  16. October 16, 2025
    R. v. Kelley, 2025 NSSC 326Possession of a loaded prohibited or restricted firearm; Breach of a release order; Possession of a weapon contrary to a prohibition order, Halifax. Justice Scott C. Norton
    • Below the Crown's ask
    • On release at the time
    3 years 6 months (30 months for the loaded restricted firearm plus 1 year consecutive for possession while prohibited; 45 days concurrent for breach), less 1,059 days remand credit, leaving 219 days; then 24 months probation
  17. August 5, 2025
    R. v. Draves, 2025 BCSC 1672Possession of a loaded prohibited or restricted firearm; Possession of a Schedule I or II substance for the purpose of trafficking; Unauthorized possession of a prohibited or restricted weapon, Victoria. Justice Karrie A. Wolfe
    • On release at the time
    10 years' imprisonment (global, after totality), less 867 days' credit for time served
  18. July 15, 2025
    R. v. Rahiman, 2025 BCSC 1375Possession of a firearm knowing its possession is unauthorized; Possession of a loaded prohibited or restricted firearm; Discharging a firearm with intent, Nanaimo. Justice Robin A. M. Baird
    • Below the Crown's ask
    5 years and 6 months in custody (concurrent 3 years and 1 year on the firearm possession counts)
  19. June 10, 2025
    R. v. Smith, 2025 BCSC 1650Possession of a loaded prohibited or restricted firearm; Robbery to steal a firearm, Prince George. Justice Ronald S. Tindale
    4 years in custody (30 months concurrent on firearm possession), less 917 days credit
  20. May 28, 2025
    R. v. Loutit, 2025 BCSC 1310Careless use or storage of a firearm; Possession of a loaded prohibited or restricted firearm; Possession of cannabis for the purpose of selling, Prince George. Justice Sandra Wilkinson
    • Below the Crown's ask
    3.5 years in custody (24 months on the firearm count, 18 months consecutive on the cannabis count, 6 months concurrent on careless storage)
  21. April 24, 2025
    R. v. Huete, 2025 BCSC 764Carrying a concealed weapon; Possession of a loaded prohibited or restricted firearm, Burnaby. Justice Y. Liliane Bantourakis
    • Below the Crown's ask
    36 months in custody (12 months concurrent on the concealed-firearm count)
  22. April 4, 2025
    R. v. Robertson, 2025 BCSC 944Possession of a loaded prohibited or restricted firearm, Sechelt. Justice Sandra Wilkinson
    30 months' imprisonment, less 8 days' credit (902 days remaining as calculated by the court)
  23. March 26, 2025
    R. v. Marsman, 2025 NSSC 156Possession of a loaded prohibited or restricted firearm, Halifax. Justice John P. Bodurtha
    • Below the Crown's ask
    30 months in custody, less 2 months' credit for house arrest bail and 119 days' credit for pre-trial custody (24 months and one day going forward)
  24. March 14, 2025
    R. v. J.R.L., 2025 BCSC 1303Uttering threats to cause death or bodily harm; Pointing a firearm; Possession of a weapon for a dangerous purpose; Possession of a loaded prohibited or restricted firearm; Possession of a weapon contrary to a prohibition order; Occupant of a motor vehicle knowing there is a firearm; Resisting or obstructing a peace officer, Kelowna. Justice Briana Hardwick
    4 years and 9 months in custody (4 years on the loaded restricted firearm count plus 9 months consecutive for breaching a weapons prohibition), concurrent to a life sentence for an unrelated murder
  25. February 14, 2025
    R. v. White, 2025 NSSC 54Careless use or storage of a firearm; Possession of a weapon for a dangerous purpose; Unauthorized possession of a firearm; Possession of a firearm knowing its possession is unauthorized; Possession of a loaded prohibited or restricted firearm; Possession of a Schedule I or II substance for the purpose of trafficking; Possession of a weapon contrary to a prohibition order; Contravention of firearm storage regulations; Occupant of a motor vehicle knowing there is a firearm; Possession of cannabis for the purpose of distributing, Halifax. Justice Peter P. Rosinski
    • Below the Crown's ask
    • On release at the time
    2 years less a day conditional sentence, then 2 years probation

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