Canadian Criminal Sentencing/Offences/Possession of a Restricted or Prohibited Firearm

Legislation
The mandatory minimum came into force on May 1, 2008. This does not apply to offences pre-dating the amendment. Subsequent offences include any conviction under s. 85, 95, 96, 98, 98.1, 99, 100, 102 or 103.

Application

 * See Canadian Criminal Sentencing/Offences/Weapons Offences

Principles
As with all mandatory minimums, the minimum is an "inflationary floor" which sets a minimal punishment for the "best" offender.

The "possession of a loaded firearms is inherently dangerous. When such weapons are allowed in the community, death and serious injury are literally at hand, only an impulse and a trigger-pull away."

Factors
Aggravating factors:
 * Type of firearm (particularly how dangerous it is)
 * the firearm was stolen or had serial numbers removed
 * children nearby
 * drugs nearby
 * suggestion of drug dealing or organized crime

Mitigating factors:
 * guilty plea
 * remorse
 * no prior criminal record

Ancillary Orders

 * Weapons Prohibition
 * Forfeiture of firearm (if seized by police)
 * DNA Order

Offence-related Probationary Terms

 * not to possess weapons, ammunition, or explosive substances