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Essential Elements of Possession of Prohibited or Restricted Firearm with Ammo

Date, Time and Location

Identity Of The Accused

Grounds For Search (Warrantless)

Information About the Firearm

  • The Firearm is Prohibited or Restricted
    • The Firearm should be sent to a firearms expert for classification of the weapon
  • The Firearm was loaded or has “readily available” ammunition
    • “readily available” = within quick reach
    • The trunk of the car in most case is NOT consider readily available
  • The Firearm is capable of discharging the Ammunition
    • The ammunition should be sent to a firearms expert for testing and evidence the ammo can be discharged from the firearm


Possession of Firearm and Ammunition

  • The unique wording of this charge requires police prove the accused “possess”  both the firearm AND the ammunition. Defence often suggests the accused had knowledge of the firearm, but had no knowledge that the firearm was loaded, making  it difficult to meet this element of the offence.
  • Consider DNA or fingerprinting of casings


The Accused did not have a Permit or Licence for the firearm.

Related Links:
Statutory Wording for for Possession of Prohibited or Restricted Firearm with Ammo