Criminal Code, section 91(1)

Unauthorized possession of a firearm

What the law says

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

Read the statute on the Justice Laws website

16 cases with this offence

  1. August 27, 2026
    R. v. Marshall, 2026 BCSC 1686Unauthorized possession of a firearm; Possession of a Schedule I or II substance for the purpose of trafficking, Victoria. Justice Jacqueline D. Hughes
    • Below the Crown's ask
    Six years imprisonment (concurrent on all counts), less 537 days credit for pre-trial custody
  2. April 24, 2026
    R. v. O'Connor, 2026 BCSC 1019Uttering threats to cause death or bodily harm; Forcible confinement; Robbery; Unauthorized possession of a firearm; Possession of property obtained by crime $5,000 or under; Possession of a Schedule I or II substance for the purpose of trafficking; Contravention of firearm storage regulations; Possession of cannabis for the purpose of selling, Cranbrook. Justice Maria Morellato
    • Below the Crown's ask
    • No jail for a violent offence
    2 years less a day conditional sentence (house arrest with electronic monitoring), then 3 years probation
  3. 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
  4. 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
  5. August 25, 2025
    R. v. Durley, 2025 NSSC 271Aggravated assault; Uttering threats to cause death or bodily harm; Pointing a firearm; Possession of a weapon for a dangerous purpose; Unauthorized possession of a firearm, Antigonish. Justice Peter P. Rosinski
    6 years' imprisonment (5 years aggravated assault + 1 year consecutive for pointing a firearm), less 510 days' credit
  6. August 14, 2025
    R. v. Dupray, 2025 BCSC 1681Unauthorized possession of a firearm; Possession of a Schedule I or II substance for the purpose of trafficking, Prince George. Justice Kathleen M. Ker
    • Below the Crown's ask
    Two years less a day conditional sentence (house arrest, first 12 months electronically monitored), then 3 years probation
  7. April 14, 2025
    R. v. Coghill, 2025 BCSC 733Aggravated assault; Forcible confinement; Unauthorized possession of a firearm; Discharging a firearm with intent; Break and enter a dwelling-house; Disguise with intent to commit an indictable offence, Lumby. Justice John Gibb-Carsley
    • Below the Crown's ask
    11 years in custody, less 240 days credit (60 days pre-sentence custody and 180 days for strict bail)
  8. February 21, 2025
    R. v. Chaisson, 2025 NSSC 101Unauthorized possession of a firearm; Possession of a firearm knowing its possession is unauthorized; 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, Antigonish. Justice Frank P. Hoskins
    • Below the Crown's ask
    1,357 days in custody, less 627 days' credit for pre-sentence custody (730 days remaining), then 24 months probation
  9. 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
  10. March 4, 2024
    R. v. Pham, 2024 BCSC 467Unauthorized possession of a firearm; Possession of a loaded prohibited or restricted firearm; Trafficking in a Schedule I or II substance; Possession of a Schedule I or II substance for the purpose of trafficking; Possession of a weapon contrary to a prohibition order, Nanaimo. Justice Robin A. M. Baird
    15 years' imprisonment globally (aggregate 17 years reduced for totality); lifetime s. 109 firearms prohibition, DNA and forfeiture orders
  11. June 30, 2023
    R. v. Brodek, 2023 BCSC 1562Unauthorized possession of a firearm; Trafficking in a Schedule I or II substance; Possession of a Schedule I or II substance for the purpose of trafficking; Possession of a weapon contrary to a prohibition order; Unauthorized possession of a prohibited or restricted weapon, Port Alberni. Justice Christopher J. Giaschi
    • Below the Crown's ask
    10 years global (15 years of individual sentences reduced for totality), less 614 days' pre-sentence credit
  12. May 8, 2023
    R. v. Smith, 2023 NSPC 17Unauthorized possession of a firearm; Possession of a Schedule I or II substance for the purpose of trafficking; Possession of anything for use in producing or trafficking a controlled substance, Kentville. Judge Ronda van der Hoek
    • Below the Crown's ask
    Two years less a day conditional sentence (12 months house arrest, then 12 months curfew), all counts concurrent
  13. November 30, 2022
    R. v. Wilson, 2022 NSPC 43Unauthorized possession of a firearm; Impaired operation of a conveyance; Failure to stop after an accident; Break and enter a place other than a dwelling-house; Failure to attend court; Breach of an undertaking; Possession of a controlled substance; Possession of a Schedule I or II substance for the purpose of trafficking; Contravention of firearm storage regulations; Disguise with intent to commit an indictable offence; Possession of break-in instruments, Pictou. Judge Del W. Atwood
    • On release at the time
    5 years imprisonment less 6 months remand credit (54 months to serve); $1,500 in fines, driving prohibition, restitution, DNA and s. 109 orders, forfeiture
  14. April 5, 2022
    R. v. Renshaw, 2022 BCSC 685Unauthorized possession of a firearm; Possession of a Schedule I or II substance for the purpose of trafficking; Resisting or obstructing a peace officer, Vancouver. Justice Laura B. Gerow
    • Below the Crown's ask
    3 years' incarceration (all counts concurrent)
  15. February 14, 2022
    R. v. Haynes, 2022 BCSC 1186Unauthorized possession of a firearm; Possession of a loaded prohibited or restricted firearm; Possession of a weapon contrary to a prohibition order; Possession of explosive substance without lawful excuse, Kamloops. Justice Gary P. Weatherill
    54 months less one day in jail (global), less 30 months' credit, leaving 24 months less one day
  16. June 11, 2021
    R. v. Chester, 2021 BCSC 1436Unauthorized possession of a firearm; Possession of a Schedule I or II substance for the purpose of trafficking, Port McNeill. Justice James W. Williams
    Four years' imprisonment (one year concurrent on the firearm count), less about 28 months' credit for pre-sentence custody, leaving 20 months

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