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St. John's, Newfoundland, Canada
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BY-LAW NO. 1422
AMENDMENT NO.
FIREARMS BY-LAW
PASSED BY COUNCIL ON August 23, 99


Pursuant to the powers vested in it under the City of St. John's Act, R.S.N. 1990 c. C-17 as amended and all other powers enabling it, the City of St. John's enacts the following By-Law relating to the use of firearms and weapons in the City of St. John's.
BY-LAW

1. This By-Law may be cited as the St. John's Firearms By-Law.

2. For the purpose of this By-Law:

(a) firearm means "firearm" as defined in the Criminal Code of Canada; and

(b) weapon means sling, slingshot, longbow, compound bow and crossbow; and

(c) The boundaries of the City of St. John’s shall be the boundaries of the City of St. John’s as existed as of December 31, 1991, with the exception of the former Town of Wedgewood Park and the area known as Southlands which shall be deemed to be included in the December 31, 1991 boundaries of the City of St. John’s.

3. Except as hereinafter provided it shall be unlawful for any person to fire or discharge a firearm within 1,000 metres of a dwelling within the boundaries of the City of St. John’s.

4. Except as hereinafter provided it shall be unlawful for any person to shoot, discharge, fire, aim, draw, notch or otherwise make use of a weapon in the City of St. John's.

5. No firearm or weapon shall be transported or moved from the firearm or weapon holders private property except under the following conditions:

(a) the firearm or weapon shall be rendered inoperable;

(b) the firearm or weapon shall be, at all times, fully encased and enclosed in a case or holder made and used specifically for transporting the particular firearm or weapon and, no part of the firearm or weapon shall be exposed to the public view; and

(c) all bullets, shells, shot, cartridges, cartouches, powder, compressed gas cylinders, projectiles, arrows, arrowheads or any form or type of ammunition whatsoever shall, at all times, be entirely separate from the case in which the firearm or weapon is fully encased or enclosed.

6. A police officer may seize any firearm or weapon where there are reasonable and probable grounds to believe that an offense has been committed pursuant to either of Sections 3, 4 and 5.

7. Where a charge is not laid pursuant to either of Sections 3, 4 and 5 within a period of 30 days from the date of the offence, any firearm or weapon seized pursuant to Section 6 shall be returned.

8. The provisions of this By-Law shall not apply to:

(a) a peace officer in the lawful discharge of his or her duty;

(b) any security person or similar official acting in the usual and lawful discharge of his or her duty and authorized by the Criminal Code of Canada to possess restricted firearms or weapons;

(c) a member of the Canadian Armed Forces, acting in the lawful discharge of his or her duties, for drill, ceremonial or approved training purposes;

(d) any person where prior approval for the discharge of a firearm or use of a weapon has been received from the City; and

(e) the firing or discharge of a firearm or the shooting, discharging, firing, arming, drawing, notching or otherwise using weapon on a range approved by the City for the said use.

9. Notwithstanding the definition of a "firearm" in Section 2 (a), the following shall be deemed not to be firearms:

(a) any device designed and intended by the person in possession therefore, for use exclusively for

(i) signalling, notifying of distress or firing stud cartridges, explosive-driven rivets or similar industrial ammunition; or

(ii) firing blank cartridges; and

(b) any shooting device designed and intended by the person in possession thereof, or use exclusively, for

(i) slaughtering of domestic animals,

(ii) tranquillizing animals, or

(iii) discharging projectiles with lines attached thereto.

10. Any person who contravenes the provisions of this By-Law shall be guilty of an offence and liable upon summary conviction to a penalty as provided for in Section 403 of the City of St. John's Act. (Amended 07/24/95; #1358)

11. The City of St. John's Firearms By-Law passed on November 15, 1993 and all amendments thereto is hereby repealed.




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