Delivery of firearm to person without firearms acquisition certificate
  - Saving provision - Acquisition of firearm without firearms
  acquisition certificate - Saving provision.

  97.  (1)  Every one who sells, barters, gives, lends, transfers or
delivers any firearm to a person who does not, at the time of the sale,
barter, giving, lending, transfer or delivery or, in the case of a
mail-order sale, within a reasonable time prior thereto, produce a
firearms acquisition certificate for inspection by the person
selling, bartering, giving, lending, transferring or delivering the
firearm, that that person has no reason to believe is invalid or was
issued to a person other than the person so producing it,

  (a)  is guilty of an indictable offence and liable to imprisonment
  for a term not exceeding two years; or

  (b)  is guilty of an offence punishable on summary conviction.

  (2) Subsection (1) does not apply to a person

  (a)  lawfully in possession of a firearm who lends the firearm

     (i) to a person for use by that person  in his company and under
    his guidance or supervision in the same manner in which he may
    lawfully use it,

     (ii)  to a person who requires the firearm to hunt or trap in
     order to sustain himself or his family, or

     (iii)  to a person who is the holder of a permit issued under
      subsection 110(1), (6) or (7) permitting the lawful possession
      of the firearm;

  (b)  who returns a firearm to a person who lent it to him in
  circumstances described in paragraph (a);

  (c)  who comes into  possession of a firearm in the ordinary course
  of a business described in paragraph 105(1)(a) and who returns the
  firearm to the person from whom it is received; or

  (d)  who is a  peace officer, local  registrar of firearms or
  firearms officer who returns a firearm to a person who had lawfully
  possessed the firearm and subsequently lost it or from whom it had
  been stolen.

  (3) Every one who imports or otherwise acquires possession in any
manner whatever of a firearm  while he is not the holder of a firearms
acquisition certificate

  (a)  is guilty of an indictable offence and liable to imprisonment
  for a term not exceeding two years; or

  (b) is guilty of an offence punishable on summary conviction.

  (4) Subsection (3) does not apply to a person who

  (a)  acquires a firearm in circumstances such that, by virtue of
  subsection (2), subsection (1) does not apply to the person from whom
  he acquires the firearm;

  (b) reacquires a firearm from a person to whom he lent the firearm;

  (c) imports a firearm at a time when he is not a resident of Canada;

  (d) comes into possession of a firearm by operation of law and
thereafter, with reasonable dispatch, lawfully disposes thereof or
obtains a firearms acquisition certificate  under which  he could have
lawfully acquired the firearm;

  (e)  comes into possession of a firearm in the ordinary course of a
business described in paragraph 105(1)(a) or (b) or 105(2)(a) or (b);
or 

  (f)  has lawfully possessed a firearm and has subsequently lost it,
or from whom it had been stolen, and who then reacquires it from a
peace officer, local registrar of firearms or firearms officer or finds
it and so reports to a peace officer, local registrar of firearms or
firearms officer.

1991 , c. 40, ss. 10, 38.