Contenu de la décision
FIREARM SAFETY BY-LAW BY-LAW NO. 2000/01 - 01 of the Muskoday First Nation A BY-LAW FOR THE SAFE USE OF FIREARMS WHEREAS the Council of the Muskoday First Nation desires to make a by-law governing the safe use of firearms on the reserve, matters ancillary thereto, and a penalty for the violation thereof; AND WHEREAS the Council of the Muskoday First Nation has the power to make such by-law pursuant to paragraphs 81 (l)(o), (q) and(r) of the Indian Act; AND WHEREAS it is considered to be expedient and necessary to provide for the safety and protection of the residents of the Muskoday First Nation; NOW THEREFORE the Council of the Muskoday First Nation hereby makes the following by-law: Short Title . ’ 1. This by-law may be cited as the "Muskoday First Nation Firearms Safety By law". Interpretation 2. In this by-law, " hunting" means taking, wounding, killing, chasing, pursuing, worrying, capturing, following after or on the trail of, searching for, shooting at, stalking or lying in wait for any game, whether or not the game is subsequently captured, wounded or killed; "officer" means a police officer, police constable or other person charged with the duty to preserve and maintain the public peace, and a by-law enforcement officer or any other person appointed by the Council. "reserve" means the reserve of the Muskoday First Nation and includes the First Nation’s Reserve No. 99
- 2 Using Firearms 3. No person while engaged in hunting or otherwise shall discharge a firearm within eight hundred metres of (a) a residential building, or (b) any grazing pasture; and within one hundred and fifty metres of (a) a public road or bridge, or (b) a game preserve or bird or fish sanctuary. 4. No person while engaged in hunting or otherwise shall discharge a firearm: (a) on or from a public road, (b) across a public road, or (c) from a vehicle, aircraft or power boat. 5. No person while engaged in hunting or otherwise in the Reserve shall conceal his identity or wear a mask or disguise. 6. No person while engaged in hunting or otherwise shall have a loaded firearm in his possession while he is under the influence of alcohol or a drug. 7. Every person is guilty of the offence of using a firearm carelessly who, being in possession of a firearm for. whatever purpose, discharges or causes to be discharged or handles the firearm without due care and attention or without reasonable consideration for person and property. Enforcement 8. A person who (1) fails to observe or who otherwise contravenes any provision of this by law, or; (2) resists or willfully obstructs an officer in the performance of any duty or in the exercise of any power under this by-law, commits an offence.
- 3 -Penaltv 9. A person who commits an offence under this by-law is liable on summary conviction to a fine not exceeding $1,000.00 or to imprisonment for a term not exceeding thirty days, or to both. THIS BY-LAW IS HEREBY made at a duly convened meeting of the Council of the Muskoday First Nation this / Z day of -r ,y,,, - 20~ Voting in favour of the by-law are the following members of the Council: V ember of the Council) - - - - - _____ (Memhehof the Council) (Member of the Council) (Member of the Council) (Member of the Council) being the majority of those members of the Council of the Muskoday First Nation present at the aforesaid meeting of the Council. The quorum of the Council is /' members. Number of members of the Council present at the meeting: 1, 7, , ■, • - Chief/Councillor of the First Nation, do hereby certify that a true copy of the foregoing by-law was mailed to the Minister of Indian Affairs and Northern Development at the District/Regional/Hull office (as the case may be) pursuant to subsection 82(1) of the Indian Act, this day of /. _________ , 20 -. (Witness) (Chief/Councillor)
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