Firearms Act (S.C. 1995, c. 39)

Act current to 2016-01-25 and last amended on 2015-09-02. Previous Versions

Marginal note:Inspection of dwelling-house
  •  (1) An inspector may not enter a dwelling-house under section 102 except

    • (a) on reasonable notice to the owner or occupant, except where a business is being carried on in the dwelling-house; and

    • (b) with the consent of the occupant or under a warrant.

  • Marginal note:Authority to issue warrant

    (2) A justice who on ex parte application is satisfied by information on oath

    • (a) that the conditions for entry described in section 102 exist in relation to a dwelling-house,

    • (b) that entry to the dwelling-house is necessary for any purpose relating to the enforcement of this Act or the regulations, and

    • (c) that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry will be refused

    may issue a warrant authorizing the inspector named in it to enter that dwelling-house subject to any conditions that may be specified in the warrant.

  • Marginal note:Areas that may be inspected

    (3) For greater certainty, an inspector who is carrying out an inspection of a dwelling-house may enter and inspect only

    • (a) that part of a room of the dwelling-house in which the inspector believes on reasonable grounds there is a firearm, prohibited weapon, restricted weapon, prohibited device, prohibited ammunition, a record in relation to a gun collection or all or part of a device or other thing required by a regulation made under paragraph 117(h) respecting the storage of firearms and restricted weapons; and

    • (b) in addition, in the case of a dwelling-house where the inspector believes on reasonable grounds a business is being carried on, that part of a room in which the inspector believes on reasonable grounds there is ammunition or a record of the business.

  • 1995, c. 39, s. 104;
  • 2003, c. 8, s. 53(F).
Marginal note:Demand to produce firearm

 An inspector who believes on reasonable grounds that a person possesses a firearm may, by demand made to that person, require that person, within a reasonable time after the demand is made, to produce the firearm in the manner specified by the inspector for the purpose of verifying the serial number or other identifying features of the firearm and of ensuring that, in the case of a prohibited firearm or a restricted firearm, the person is the holder of the registration certificate for it.

  • 1995, c. 39, s. 105;
  • 2012, c. 6, s. 26.

Offences

Marginal note:False statements to procure licences, etc.
  •  (1) Every person commits an offence who, for the purpose of procuring a licence, registration certificate or authorization for that person or any other person, knowingly makes a statement orally or in writing that is false or misleading or knowingly fails to disclose any information that is relevant to the application for the licence, registration certificate or authorization.

  • Marginal note:False statements to procure customs confirmations

    (2) Every person commits an offence who, for the purpose of procuring the confirmation by a customs officer of a document under this Act for that person or any other person, knowingly makes a statement orally or in writing that is false or misleading or knowingly fails to disclose any information that is relevant to the document.

  • Marginal note:Definition of “statement”

    (3) In this section, statement means an assertion of fact, opinion, belief or knowledge, whether material or not and whether admissible or not.

Marginal note:Tampering with licences, etc.

 Every person commits an offence who, without lawful excuse the proof of which lies on the person, alters, defaces or falsifies

  • (a) a licence, registration certificate or authorization; or

  • (b) a confirmation by a customs officer of a document under this Act.

Marginal note:Unauthorized possession of ammunition

 Every business commits an offence that possesses ammunition, unless the business holds a licence under which it may possess ammunition.

Marginal note:Punishment

 Every person who commits an offence under section 106, 107 or 108, who contravenes subsection 29(1) or who contravenes a regulation made under paragraph 117(d), (e), (f), (g), (i), (j), (l), (m) or (n) the contravention of which has been made an offence under paragraph 117(o)

  • (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.

Marginal note:Contravention of conditions of licences, etc.

 Every person commits an offence who, without lawful excuse, contravenes a condition of a licence, registration certificate or authorization held by the person.

Marginal note:Punishment

 Every person who commits an offence under section 110 or who does not comply with section 103

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

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

 [Repealed, 2012, c. 6, s. 27]

Marginal note:Non-compliance with demand to produce firearm

 Every person commits an offence who, without reasonable excuse, does not comply with a demand made to the person by an inspector under section 105.

 
Date modified: