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Firearms Act

Version of section 104 from 2003-08-15 to 2020-07-28:


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)
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