Criminal Code, section 91(2)

Unauthorized possession of a prohibited or restricted weapon

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

4 cases with this offence

  1. 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
  2. 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)
  3. 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
  4. 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

Judges who sentenced this offence

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