Possessing a firearm in Canada without a valid licence or possessing it in the wrong place, in the wrong way, or while prohibited is a criminal offence under the Criminal Code, with penalties ranging from summary fines to 10 years in prison for the most serious possession offences. The Criminal Code creates roughly a dozen distinct possession offences in ss. 88–98 and s. 117.01, and which one you are charged with determines everything: the maximum sentence, whether the Crown can proceed summarily, and what defences are realistically available. If you are facing a firearm possession charge anywhere in Ontario, speak to a criminal defence lawyer before giving any statement to police.
This guide covers the possession offences and their real penalties. For licensing, classification, and how to own firearms legally — PAL, RPAL, the handgun freeze, and the 2026 amnesty extension — see our companion guide to gun laws and firearms licensing in Ontario.
Key Takeaways
- Unauthorized possession of a firearm (s. 91) carries up to 5 years; possession knowing it is unauthorized (s. 92) and possession of a loaded restricted or prohibited firearm (s. 95) carry up to 10 years.
- “Possession” in Canadian law is broader than holding a gun: constructive and joint possession (s. 4(3)) mean that a firearm in your car, home, or storage unit can ground a charge if you knew about it and had control.
- Bill C-5 (2022) repealed mandatory minimum sentences for simple possession offences, and R v Nur (2015 SCC 15) struck down s. 95 minimums — but serious offences still routinely bring penitentiary sentences.
- Possessing a firearm while under a prohibition order (s. 117.01) is a separate offence with up to 10 years.
- There is no legal limit on how many firearms you can own in Canada — what matters is that every firearm is licensed, classified, stored, and transported correctly.
- Most possession cases are won or lost on the search, knowledge, and control — not on the firearm itself.
What Counts as “Possession” of a Firearm in Canadian Law?
Under s. 4(3) of the Criminal Code, possession is not limited to physically carrying a firearm — it includes constructive possession (a firearm you knowingly keep anywhere for your use or benefit) and joint possession (a firearm held by someone else with your knowledge and consent). This is why charges arise from firearms found in vehicles, shared homes, garages, and storage lockers. The Crown must prove two things: that you knew the firearm was there, and that you had a measure of control over it. Presence alone is not possession; a passenger in a car where a gun is found is not automatically in possession of it, and this knowledge-and-control requirement is one of the most common battlegrounds in firearm prosecutions.
Firearm Possession Offences and Penalties Under the Criminal Code
The main possession offences and their actual maximum penalties are set out below — note that most are hybrid offences, so the Crown chooses between summary conviction (lower maximums) and indictment.
| Offence | Section | Maximum (indictment) |
|---|---|---|
| Possession of a weapon for a dangerous purpose | s. 88 | 10 years |
| Carrying a weapon while attending a public meeting | s. 89 | Summary conviction only |
| Carrying a concealed weapon | s. 90 | 5 years |
| Unauthorized possession of a firearm (no licence) | s. 91 | 5 years |
| Possession knowing it is unauthorized | s. 92 | 10 years |
| Possession at an unauthorized place | s. 93 | 5 years |
| Unauthorized possession in a motor vehicle | s. 94 | 10 years |
| Loaded restricted/prohibited firearm (or with accessible ammunition) | s. 95 | 10 years |
| Possession of a weapon obtained by crime | s. 96 | 10 years |
| Possession contrary to a prohibition order | s. 117.01 | 10 years |
| Careless storage, use, or handling | s. 86 | 2 years (first offence); 5 years (subsequent) |
Full statutory text is on the Justice Laws website. Two notes on minimum sentences: Bill C-5 (2022) repealed the mandatory minimum sentences for offences, including ss. 91–92 and s. 95, and the Supreme Court had already struck down the s. 95 minimums in R v Nur, 2015 SCC 15. No minimum does mean no jail — for loaded restricted firearms and possession while prohibited, custodial sentences remain the norm.
What Happens If You Get Caught With an Illegal Gun in Canada?
Expect arrest, seizure of the firearm and your devices, criminal charges — usually under more than one section — and release conditions that typically include a weapons prohibition while the case proceeds. The typical sequence in Ontario:
- Arrest and seizure. Police seize the firearm, ammunition, and often phones; how they found the firearm — the search — becomes the central legal issue later.
- Charges are stacked. A single loaded handgun in a car commonly produces charges under s. 95, s. 94, s. 92, and s. 90 simultaneously — each with its own elements.
- Bail with conditions. Expect a weapons prohibition, residence and reporting conditions, and in serious cases, a contested bail hearing.
- Crown election. For hybrid offences, whether the Crown proceeds summarily or by indictment dramatically changes your exposure — early defence advocacy can influence this.
- Disclosure and Charter litigation. The lawfulness of the stop, search, and seizure is usually the issue in these cases.
A conviction also brings a mandatory or discretionary weapons prohibition order (ss. 109–110), a criminal record with travel and immigration consequences, and, where the firearm was used in violence or a death — exposure to far more serious charges; see our guide to manslaughter and self-defence in Canadian law.
How Many Guns Can You Legally Own in Canada?
There is no legal limit on the number of firearms you can own in Canada — a licensed owner may possess any number of non-restricted and properly registered restricted firearms. What the law regulates is not quantity but compliance: every firearm must match your licence class, restricted firearms must be registered, storage and transport rules apply to each one, and prohibited firearms cannot be acquired at all. Large collections do not automatically carry legal consequences, though unusual acquisition patterns can draw law-enforcement attention. The practical risk for collectors is administrative: a single expired licence or an improperly stored firearm can turn an entire lawful collection into evidence.
Are Handguns Legal to Possess in Canada?
Existing registered owners may keep and use their handguns with a valid RPAL, but the national handgun freeze means most Canadians cannot buy, sell, or import one — and unregistered possession of a handgun is a criminal offence under ss. 91–92 and s. 95. The freeze, the 2026 amnesty extension for prohibited “assault-style” firearms, and the licensing pathway are covered in detail in our Ontario gun laws and licensing guide.
Defending a Firearm Possession Charge
Possession cases usually turn on three questions: was the search lawful, can the Crown prove knowledge and control, and is the firearm what the Crown says it is. The main defence routes:
- Charter s. 8 — unlawful search and seizure. Most firearms are found in vehicle stops and home searches. If the stop, warrant, or search was unlawful, exclusion of the firearm under s. 24(2) usually ends the prosecution.
- No knowledge or control. Shared vehicles and residences raise reasonable doubt about who possessed the firearm — presence is not possession.
- Licensing and classification disputes. Whether a licence was valid, expired, or merely lapsed for renewal, and whether the firearm is correctly classified, are technical questions that can defeat the charge.
- Continuity and identification of the exhibit. The Crown must prove the item is a “firearm” as defined and connect it to you — forensic and continuity gaps matter.
“Firearm cases are highly technical, and that works in your favour if you know where to look. A search conducted without a valid warrant, a classification dispute, or an expired versus a suspended licence can completely change the outcome. My job is to make sure the Crown proves every element, lawfully.”
What to Do Right Now If You Are Charged
- Say nothing beyond requesting a lawyer. Statements about ownership, knowledge, or storage become the Crown’s proof of the mental element.
- Do not consent to any search — of your vehicle, home, or phone. Make police rely on their own authority; its validity can be tested later.
- Preserve your licensing paperwork — licence, registration certificates, renewal correspondence — an expired-versus-suspended distinction can change the charge.
- Write down the details of the stop or search while fresh: who said what, when consent was requested, what was seized.
- Retain counsel before your first appearance. Crown election and bail conditions set early are hard to undo.
Speak to a Firearms Defence Lawyer in Toronto and the GTA
Firearm possession convictions carry consequences far beyond the sentence — weapons prohibitions, records, and immigration exposure. Vilkhov Law’s criminal defence team defends against possession charges across Toronto, Brampton, Vaughan, Richmond Hill, Mississauga, and the GTA. Contact us for a free, confidential consultation, available 24/7 at 416-807-4477.
Frequently Asked Questions
What is the penalty for possession of a firearm in Canada?
It depends on the offence: unauthorized possession (s. 91) carries up to 5 years; possession knowing it is unauthorized (s. 92), possession in a vehicle (s. 94), a loaded restricted or prohibited firearm (s. 95), and possession while prohibited (s. 117.01) each carry up to 10 years on indictment. Many charges are hybrid, so summary maximums are lower.
What is unauthorized possession of a firearm?
Possessing a firearm without holding the licence — and for restricted firearms, the registration certificate — that authorizes it (s. 91). If the Crown alleges you knew you were not authorized, the charge escalates to s. 92, doubling the maximum to 10 years.
What happens if you get caught with a gun in Canada?
Arrest, seizure, stacked charges under several sections, bail conditions including a weapons prohibition, and a prosecution that usually turns on the lawfulness of the search and proof of knowledge and control. Early legal advice materially changes outcomes.
Is there a mandatory minimum for gun possession in Canada?
Not for simple possession offences. Bill C-5 (2022) repealed those minimums, and R v Nur (2015) struck down the s. 95 minimums earlier. Mandatory minimums remain for trafficking, smuggling, and using a firearm in an offence — and serious possession cases still commonly result in jail.
How many guns can you own in Canada?
There is no numerical limit. Every firearm must simply be lawful for your licence class, registered where required, and stored and transported in compliance — one compliance failure can generate charges regardless of how many firearms you own.
Can I be charged if the gun wasn’t mine?
Yes — constructive and joint possession mean a firearm in your car or home can ground a charge if the Crown can prove you knew about it and had control. That proof is often contestable, especially in shared spaces.
Is possessing an unloaded gun still an offence?
It can be. Licensing offences (ss. 91–93) do not require the firearm to be loaded. Section 95 specifically covers loaded restricted or prohibited firearms — or unloaded ones with readily accessible ammunition.
Do I need a licence to own a gun in Canada?
Yes — a PAL for non-restricted firearms and an RPAL for restricted ones. The licensing process, classifications, and the handgun freeze are covered in our guide to gun laws and firearms licensing in Ontario.
