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Elements of Possession of Unauthorized (unlicensed) Firearm

Date, Time and Location

Identification of the Accused

Grounds for Search

  • How was the firearm located


The Firearm was in the Possession of the Accused


Information About the Firearm

  • The Firearm must meet the legal definition of firearm (device or ammunition)
  • The Firearm (device or ammunition) should be sent to be classified by an expert


The accused does not possess a licence

  • Evidence from accused – statement and/or failed to produce licence upon request
  • Check of available databases



The offence in Section 91 is a “State of affairs prohibited by law” and therefore does not require specific intent, however, the offence in section 92 includes “knowledge” that there is no licence, as one of the elements of the offence. In either case, anticipate that the accused will suggest they did not know that they needed a licence or that they mistakenly  thought that they had one.

Related Links:
Statutory wording for Possession of an Unauthorized (unlicensed) firearm