Firearms Act (S.C. 1995, c. 39)

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

Marginal note:Duty to assist inspectors

 The owner or person in charge of a place that is inspected by an inspector under section 102 and every person found in the place shall

  • (a) give the inspector all reasonable assistance to enable him or her to carry out the inspection and exercise any power conferred by section 102; and

  • (b) provide the inspector with any information relevant to the enforcement of this Act or the regulations that he or she may reasonably require.

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.
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