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Canada. 2015 ‘Unauthorized Possession in Motor Vehicle.’ Criminal Code R.S.C., 1985, c. C-46 (Act current to 30 August 2015); Part III (Section 94), pp. 125-126. Ottawa ON: Senate and House of Commons of Canada. 23 July

Relevant contents

Part III. Firearms and Other Weapons

Unauthorized possession in motor vehicle

94. (1) Subject to subsections (3) and (4), every person commits an offence who is an occupant of a motor vehicle in which the person knows there is a prohibited firearm, a restricted firearm,1 a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition, unless

(a) in the case of a prohibited firearm, a restricted firearm or a non-restricted firearm,

(i) the person or any other occupant of the motor vehicle is the holder of
(A) a licence under which the person or other occupant may possess the firearm, and
(B) in the case of a prohibited firearm or a restricted firearm, an authorization and a registration certificate for it,
(ii) the person had reasonable grounds to believe that any other occupant of the motor vehicle was the holder of
(A) a licence under which that other occupant may possess the firearm, and
(B) in the case of a prohibited firearm or a restricted firearm, an authorization and a registration certificate for it, or
(iii) the person had reasonable grounds to believe that any other occupant of the motor vehicle was a person who could not be convicted of an offence under this Act by reason of sections 117.07 to 117.1 or any other Act of Parliament; and

(b) in the case of a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition,

(i) the person or any other occupant of the motor vehicle is the holder of an authorization or a licence under which the person or other occupant may transport the prohibited weapon, restricted weapon, prohibited device or prohibited ammunition, or
(ii) the person had reasonable grounds to believe that any other occupant of the motor vehicle was
(A) the holder of an authorization or a licence under which the other occupant may transport the prohibited weapon, restricted weapon, prohibited device or prohibited ammunition, or
(B) a person who could not be convicted of an offence under this Act by reason of sections 117.07 to 117.1 or any other Act of Parliament.

Punishment

(2) Every person who commits an offence under subsection (1)

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) is guilty of an offence punishable on summary conviction….

['Summary conviction' means under Article 787 of the Criminal Code that the person is liable to a fine of not more than five thousand dollars or to a term of imprisonment not exceeding six months or to both]

ID: Q10786

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