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Minimum (3 years first offence, 5 years subsequent) struck down in R. v. Nur, 2015 SCC 15 and repealed by S.C. 2022, c. 15 (Bill C-5).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).
51 cases with this offence
- September 11, 20265 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
- August 21, 2026R. v. Taylor, 2026 BCSC 1698
- 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 - July 31, 2026R. v. Braun, 2026 BCSC 1488
- Below the Crown's ask
30 months in custody (6 months concurrent on the drug count) - May 8, 2026R. v. Steenbergen, 2026 BCSC 876
- 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 - April 30, 20265 years for discharging a prohibited firearm at a place, with 40 months concurrent for possessing a loaded firearm, less 15 days pre-trial credit
- April 1, 202615 years global custody, less 927 days credit for pre-trial custody (4,548 days remaining)
- March 5, 202610 and a half years' imprisonment (8 years manslaughter, plus consecutive weapons sentences), less 930 days' credit
- February 18, 2026R. v. J.M.A., 2026 BCSC 377
- 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 - January 16, 2026R. v. K.P.J.I.-B., 2026 BCSC 193
- On release at the time
3.5 years (1,277 days) imprisonment, less 779 days credit for pre-sentence custody; 498 days remaining - January 13, 20267 years' imprisonment (global) less 987 days' pre-sentence credit
- December 18, 2025R. v. Kipp, 2025 BCSC 2616
- Below the Crown's ask
Two years less a day conditional sentence on house arrest, then 3 years probation - December 15, 20253 years in custody (36 months on loaded prohibited firearm, 6 months concurrent on prohibited device)
- December 8, 2025R. v. Sohi, 2025 BCSC 2484
- 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 - November 28, 2025R. v. Buchanan, 2025 BCSC 2435
- Below the Crown's ask
30 months imprisonment (6 months concurrent on the second count), less 119 days credit - October 17, 2025R. v. Kovacs, 2025 BCSC 2190
- 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 - October 16, 2025R. v. Kelley, 2025 NSSC 326
- 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 - August 5, 2025R. v. Draves, 2025 BCSC 1672
- On release at the time
10 years' imprisonment (global, after totality), less 867 days' credit for time served - July 15, 2025R. v. Rahiman, 2025 BCSC 1375
- Below the Crown's ask
5 years and 6 months in custody (concurrent 3 years and 1 year on the firearm possession counts) - June 10, 20254 years in custody (30 months concurrent on firearm possession), less 917 days credit
- May 28, 2025R. v. Loutit, 2025 BCSC 1310
- 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) - April 24, 2025R. v. Huete, 2025 BCSC 764
- Below the Crown's ask
36 months in custody (12 months concurrent on the concealed-firearm count) - April 4, 202530 months' imprisonment, less 8 days' credit (902 days remaining as calculated by the court)
- March 26, 2025R. v. Marsman, 2025 NSSC 156
- 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) - March 14, 20254 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
- February 14, 2025R. v. White, 2025 NSSC 54
- Below the Crown's ask
- On release at the time
2 years less a day conditional sentence, then 2 years probation
Judges who sentenced this offence
- The Honourable Justice Alan M. Ross
- The Honourable Justice Briana Hardwick
- The Honourable Justice Robin A. M. Baird
- The Honourable Justice Baljinder Kaur Girn
- The Honourable Justice Eric V. Gottardi
- The Honourable Justice Karrie A. Wolfe
- The Honourable Justice Martha M. Devlin
- The Honourable Justice Richard Hewson
- The Honourable Justice Ronald S. Tindale
- The Honourable Justice Sandra Wilkinson
- The Honourable Justice Scott C. Norton
- The Honourable Justice Steven Wilson
- The Honourable Judge Theodore K. Tax
- The Honourable Justice Andrew P. A. Mayer
- The Honourable Justice Bruce Elwood
- The Honourable Justice Diane Rowe
- The Honourable Judge Elizabeth A. Buckle
- The Honourable Justice Gary P. Weatherill
- The Honourable Justice Geoffrey R. J. Gaul
- The Honourable Justice Jacqueline D. Hughes
- The Honourable Justice James W. Williams
- The Honourable Justice Jasmin Z. Ahmad
- The Honourable Justice Jennifer M.I. Duncan
- The Honourable Justice John Gibb-Carsley
- The Honourable Justice John J. Steeves
- The Honourable Justice John P. Bodurtha
- The Honourable Justice Karen Horsman
- The Honourable Justice Lindsay R. LeBlanc
- The Honourable Justice Lisa J. Hamilton
- The Honourable Justice Marguerite H. Church