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Canadian Criminal Law/Offences/Possession of a Weapon Contrary to an Order
Reference material by Wikibooks contributors. This retains its source identity and is not 411 news reporting.
Legislation
Possession contrary to order
117.01 (1) Subject to subsection (4), every person commits an offence who possesses a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance while the person is prohibited from doing so by any order made under this Act or any other Act of Parliament.
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Punishment
(3) Every person who commits an offence under subsection (1) or (2)
(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.
Exception
(4) Subsection (1) does not apply to a person who possessed a firearm in accordance with an authorization or licence issued to the person as the result of an order made under subsection 113(1).
1995, c. 39, s. 139. CCC
Proof of Offence
the accused was in possession of a weapon
the accused was subject to a weapons prohibition order at the time of possession
If weapon is a firearm:
the firearm must meet definition of firearm
there was no licence or order giving exception to prohibition (see 117.01(4))
Interpretation
Possession of a Weapon Contrary