(2)Subject to subsection (3) below, a person to whom this section applies shall not be guilty of an offence under section 4(2)(a) above by reason of the use, for the purpose of taking or killing any deer on any land, of any smooth-bore gun of not less gauge than 12 bore which is loaded with
(a)a cartridge containing a single non-spherical projectile weighing not less than 22.68 grammes (350 grains); or
(b)a cartridge purporting to contain shot each of which is .203 inches (5.16 millimetres) in diameter (that is to say, size AAA).
(3)A person to whom this section applies shall not b