Possession of a Loaded Prohibited or Restricted Firearm (Section 95)

The short answer

Section 95 of the Criminal Code makes it an offence to possess a loaded prohibited or restricted firearm, such as most handguns, without the right authorization and registration. It also covers an unloaded firearm with usable ammunition readily accessible. It is one of the most serious firearm possession charges, with a maximum of 14 years in jail, and it carries a reverse onus at bail. Many of these cases depend on how police found the firearm and whether the Crown can prove knowledge and control. This guide explains the elements, the bail rules, the penalties and the main defences.

What the Crown must prove

The evidence in a typical case

The Crown's evidence often includes the firearm and ammunition, photographs of where they were found, reports confirming that the firearm works and its classification, and records showing that no licence or registration existed. In some cases, the Crown also relies on fingerprints or DNA from the firearm, video footage and phone evidence. Forensic results can take months to arrive, and they do not always link the firearm to a particular person.

Penalties

• By indictment: The maximum is 14 years in jail.
• By summary conviction: The maximum is 2 years less a day, a fine of up to $5,000, or both.
• Minimum: There is no minimum sentence, because the former mandatory minimum was repealed in 2022.

Courts still treat these cases seriously, and jail is common when the Crown proceeds by indictment. A conviction also brings a mandatory weapons prohibition under s. 109.

Bail

Section 95 is a reverse onus offence at bail under s. 515(6)(a)(vi). This means you must show why you should be released. Since July 15, 2026, you must also clearly demonstrate that your release plan deals with the risks you pose. A strong plan usually includes sureties, strict conditions and the surrender of any firearms. See firearms charges and bail.

What happens after you are charged

1. Arrest and bail hearing: Most people charged under s. 95 are held for a bail hearing, where they carry the burden.
2. Disclosure: The Crown provides the firearm reports, search records and any forensic results.
3. Your election: Because the maximum is 14 years, you can usually choose your trial court and ask for a preliminary inquiry if the Crown proceeds by indictment.
4. Charter applications: Many s. 95 cases involve a pre-trial hearing on whether the stop or search was lawful.
5. Resolution or trial: The case either resolves or proceeds to trial.

Defences

• No knowledge or control: The firearm was found in a shared car or apartment, and the evidence does not show it was yours.
• Charter issues: Unlawful stops, searches or detentions are central in many s. 95 cases.
• Ammunition: The ammunition was not readily accessible, or it was not usable in that firearm.
• Classification: The firearm was not prohibited or restricted.

For example, a handgun found in a car's locked trunk, with no evidence linking it to a passenger, raises real questions about knowledge and control.

Possible outcomes

Effects beyond the sentence

Because s. 95 carries a maximum of 14 years, a conviction can make a permanent resident inadmissible for serious criminality. A conviction also brings a mandatory weapons prohibition, the loss of any licence and forfeiture of the firearm.

What to do now

• Do not discuss the case on a phone, by text or on social media.
• Do not contact co-accused or anyone who was present when the firearm was found.
• If you are held, start lining up sureties and a release plan right away.

Searches of cars and homes

Many s. 95 cases begin with a traffic stop, a tip from an informant or a search warrant for a home. The legality of each step is often the most important issue in the case. Police must have a lawful reason for the stop or detention, proper grounds for any search, and a valid warrant for most home searches. Information from confidential informants must be reliable and properly corroborated before it can support a warrant. If police went beyond their legal authority, the firearm may be excluded as evidence.

Sentencing factors

When deciding a sentence, judges look at where the firearm was found, whether it was loaded, whether it was in a public place, any link to other criminal activity and the person's background. A licensed owner who stored a handgun in the wrong place is in a very different position from someone carrying a loaded handgun in public with no licence.

How we can help

We can prepare a strong release plan for a reverse onus bail hearing and examine every step of the stop and search. Call (647) 223-1980 for a free consultation.

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