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
4 cases with this offence
- 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 - December 15, 20253 years in custody (36 months on loaded prohibited firearm, 6 months concurrent on prohibited device)
- 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 - June 30, 2023R. v. Brodek, 2023 BCSC 1562
- Below the Crown's ask
10 years global (15 years of individual sentences reduced for totality), less 614 days' pre-sentence credit