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Elements of Possession of a Prohibited Weapon

Date, Time and Location

Identity Of The Accused

Warrantless Grounds For Search

  • The weapon must have been located and seized lawfully


The Accused’s Possession of the Weapon

  • Can you prove the accused had knowledge of weapon?


Description of Prohibited Weapon/ Expert Evidence


No Weapon Permits, Authorizations Or License

  • Provide evidence that the accused is not authorized to possess this weapon. Some people may be authorized to possess prohibited or restricted weapons, or they may argue they are entitled to posses the weapon, as it is required for sustenance or employment purposes pursuant to Section 113(1). For example martial arts instructors have argued that they need to posses nunchaku in order to teach their profession. Consider these types of legal issues in your report.



  • The mental element of this offence may be very easy to prove as this is a “state of affairs prohibited in law”, however, when some prohibited weapons, fit the legal description of “or similar device”, lawyers will argue over the classification as prohibited. The actions  and intent of the accused will often be key to the success of the file


Related Links:
Grounds for Warrantless Search
Legal Issues with Safety Searches
Statutory wording for Possession of Prohibited Weapon
List of Prohibited Weapons
Legal Description of Prohibited Weapons

Keywords: PPW