What is the penalty for possessing a firearm without a license?
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What is the penalty for possessing a firearm without a license?
In Alberta, possessing a firearm without the required license or certificate is a criminal offence known as unauthorized possession of a firearm. Non-restricted firearms do not require a certificate (only a license), but restricted and prohibited firearms require both a license and a certificate. Whether you were in possession of the firearm is a complicated legal question, and the answer depends on the situation. You do not necessarily have to have the firearm on you to be in possession of it.
The penalty for unauthorized possession of a firearm depends heavily on the situation. The sentence can be as high as a five-year prison sentence or as low as a discharge (which leaves you without a criminal record). Fines, probation, conditional sentence orders, and prison time are on the table. If the crown proceeds by summary election, then the maximum prison sentence is two years less a day in jail. If the crown proceeds by indictment, then the maximum prison sentence is five years in a penitentiary.
As part of the sentence for unauthorized possession of a firearm, the judge may order a weapons prohibition, which does not allow you to have any firearm, weapon, or ammunition. If you were already prohibited from possessing a firearm when you committed the offence, then the judge must order a weapons prohibition. For indictable unauthorized possession of a firearm, the judge may order that you provide your DNA to be kept in a federal database.
If you have questions about what a firearm is, or about firearms offences generally, I have separate FAQ on those topics.