Representation for allegations involving repeated contact, threatening conduct, intimidation, stalking, or fear for personal safety.
Unauthorized Possession
Before deciding possession was unauthorized, the firearm and the person's legal status must both be identified correctly
The next question is authorization. Licence status, expiry dates, firearm classification, registration requirements for restricted or prohibited firearms, and any statutory exception must be matched to the date and circumstances of possession.
Certain Criminal Code firearm offences also distinguish between unauthorized possession and knowing unauthorized possession. The exact count on the information therefore matters when identifying the mental element the prosecution must prove.
Unauthorized possession involves two distinct inquiries: possession and legal status.
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Common Questions About Unauthorized Firearm Possession
The precise requirements depend on the firearm and circumstances, but Canadian law generally requires specified licensing and, for certain firearms, registration documentation.
Yes. Licence status and relevant dates can be central, although the exact offence and any applicable statutory provisions must be reviewed.
No. Ownership, physical or constructive possession, licensing, registration, and authorization are separate concepts.
Possession generally requires a sufficient factual connection involving knowledge and control. The precise mental element also depends on the firearm offence charged.