Definitions

1   In this Act:

"carry" includes store, or have in possession in an aircraft, boat, motor vehicle or motor vehicle trailer, other than a public conveyance, whether the aircraft, boat or motor vehicle is or is not used as temporary or permanent living quarters;

"chief provincial firearms officer" means the person designated in writing by the Attorney General as the chief provincial firearms officer;

"conservation officer" means a conservation officer defined in section 1 (1) of the Environmental Management Act;

"firearm" includes any gun using, as a propellant, compressed air, explosives or gas;

"permit" means a written authority issued by the chief provincial firearms officer or by a person authorized by the chief provincial firearms officer.

Permits for indoor shooting ranges

2   (1) Despite

(a) a regulation made under section 108 (2) (n) or (o) of the Wildlife Act, or

(b) a bylaw under section 8 (5) [fundamental powers — firearms] of the Community Charter,

the chief provincial firearms officer may issue a permit authorizing a person to establish and maintain an indoor shooting range and to discharge a firearm in the indoor shooting range.

(2) If a permit is issued under subsection (1), the chief provincial firearms officer may do one or more of the following:

(a) attach conditions;

(b) restrict the kinds of firearms that may be discharged;

(c) restrict the kinds of projectiles that may be discharged;

(d) restrict the operation of the permit to a use ancillary to the trade or calling of the permit holder;

(e) restrict the application of the permit to premises owned or occupied by the permit holder;

(f) extend the application of the permit to other persons when they are on the premises specified in the permit with the consent of the permit holder.

Exercise of care for safety of others

3   A person who is in possession or control of a firearm must exercise care for the safety of other persons or property.

Search without warrant

4   Without a warrant, a conservation officer or peace officer may do one or more of the following:

(a) search a person the conservation officer or peace officer suspects of possessing a firearm in contravention of this Act;

(b) stop and search a conveyance mentioned in section 9 in or on which the conservation officer or peace officer suspects a firearm is being carried in contravention of this Act;

(c) seize the firearm, and dispose of it under this Act.

Arrest of person in act of committing offence

5   Without a warrant, a conservation officer or constable may arrest a person the conservation officer or constable finds in the act of contravening this Act or the regulations.

Persons prohibited from carrying firearm

6   A person designated in the regulations is prohibited from carrying or discharging a firearm, except under the terms of a permit.

Duty to produce permit

7   A person who holds a permit under this Act must produce it on the request of a conservation officer or constable.

Confiscation of firearm

8   A firearm seized under this Act may be taken before a justice, and, on proof to the satisfaction of the justice that the firearm was at the time of seizure being carried or used in contravention of this Act, the justice may order the firearm confiscated and order its sale, destruction or other disposition.

Offence

9   (1) Unless authorized by the regulations or a permit, a person must not discharge, carry or have in the person's possession, in or on a railway car, hand car or other vehicle on a railway, or in or on a motor vehicle, wagon, sleigh, aircraft, bicycle or other conveyance, a firearm containing live ammunition in its breech or in its magazine.

(2) A person who contravenes subsection (1) commits an offence.

Power to make regulations

10   (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) requiring described persons to pass an examination on knowledge and proficiency in the safe handling of firearms;

(b) exempting other described persons from passing an examination on knowledge and proficiency in the safe handling of firearms.