Possession of unregistered restricied weapon - Possession elsewhere
than at place authorized - Restricted weapon in motor vehicle - Idem -
Saving provision - Idem - Idem.

  91. (1) Every one who has in his possession a
restricted weapon for which he does not have a registration
certificate

   (a)  is guilty of an indictable offence and liable to
   imprisonment for a term not exceeding five years; or

  (b)  is guilty of an offence punishable on summary
  conviction.

  (2) Every one who has in his possession a restricted weapon elsewhere
than at the place at which he is entitled to possess it, as indicated
on the registration certificate issued therefor, is, unless he is the
holder of a permit under which he may lawfully so possess it,

  (a)  guilty of an indictable offence and liable to imprisonment for a
  term not exceeding five years; or

  (b)  guilty of an offence punishable on summary conviction.

  (3) Every one who is an occupant of a motor vehicle in which he
knows there is a restricted weapon is, unless some occupant of the
motor vehicle is the holder of a permit under which he may lawfully
have that weapon in his possession in the vehicle, or he establishes
that he had reason to believe that some occupant of the motor vehicle
was the holder of such permit,

  (a)  guilty of an indictable offence and liable to imprisonment for a
  term not exceeding five years; or

  (h) guilty of an offence punishable on summary conviction.

  (4) Subsection (1) does not apply to a person

  (a)  in respect of a restricted weapon, where a permit relating to
  the restricted weapon has been issued under subsection 110(1),
  (2.1) or (3.1) and the person is not the person
  mentioned in the registration certificate issued in respect of that
  restricted weapon;

  (a.1) to whom a permit relating to a restricted weapon has been
  issued under subsection 110(3) or (4) and who possesses the weapon
  for the purpose for which that permit was issued;

  (b)  who has a restricted weapon in his possession while he is under
  the immediate supervision of a person who may lawfully possess the
  weapon for the purpose of using the weapon in a manner in which the
  supervising person may lawfully use it; or

  (c)  who comes into possession of a restricted weapon by
  operation of law and thereafter, with reasonable dispatch, lawfully
  disposes of it or obtains a  registration  certificate or permit
  under which he  may lawfully possess it.


(4.1)  Subsection (2) does not apply to a person to whom a permit to
possess a particular restricted weapon has been issued under
subsection  110(1) where the person  is not the person mentioned in
the registration certificate issued in respect of the restricted
weapon, when the person to whom the permit has been  issued possesses
the restricted weapon at the place authorized by the permit.

  (5)  Subsection (3) does not apply to an occupant of a motor vehicle
in which there is a restricted weapon where, by virtue of subsection
(4) or section 92, subsections (1) and (2) do not apply to the
person  who is in possession of that weapon.

  (6) Subject to sections 100 and 103, subsection 105(4) and to a
condition of a probation order referred to in paragraph 737(2)(d)
nothing in this Act makes it  unlawful  for a person  to be  in
possession of a restricted weapon, other than a restricted weapon
described in paragraph (c.1) of the definition of that expression  in
subsection  84(1), in  the ordinary course of a business described in
paragraph 105(1)(a) or (b) or subparagraph 105(2)(b)(ii).


1991, c.28, s.7; c.40, ss.5, 36.