CHAPTER
213
FIREARMS |
ARRANGEMENT OF
SECTIONS |
PART I
PRELIMINARY |
SECTION |
|
|
|
PART II
REVOLVERS |
Introduction and possession of revolvers only
under special licence. |
|
Exemption of persons aboard foreign vessels. |
Withdrawal of special licence. |
PART III
PURCHASE AND POSSESSION OF CERTAIN FIREARMS AND AMMUNITION |
|
Penalty for purchase or possession without
certificate. |
Grant, renewal, variation and revocation of
certificates. |
Fees in respect of certificate. |
Exemptions from holding certificate. |
Penalty for taking in pawn as security for debt,
firearms or ammunition. |
PART IV
PURCHASE AND POSSESSION OF GUNS |
|
Penalty for purchasing or possessing a gun
without a licence. |
|
|
|
|
|
|
PART V
FIREARMS DEALERS |
Penalty for manufacturing or dealing in firearms
without being registered. |
Registration of firearms dealers. |
Certificates of registration. |
Registration of places of business of firearms
dealers. |
Register of transactions in firearms. |
Powers of court in case of offences by firearms
dealers. |
PART VI
MISCELLANEOUS |
Restrictions on sale, repair of firearms and
ammunition. |
Restriction on purchase and possession of
firearms by young persons. |
Prohibited weapons and ammunition. |
Prohibition of sale of firearms to drunk or
insane persons. |
Prohibition on person convicted of crime
purchasing or possessing firearms. |
Penalty for possessing firearms with intent to
injure. |
Penalty for use or possession of firearms or
imitation firearms in certain cases. |
Trespassing with firearms in a building. |
Provisions as to shortening guns and converting
imitation firearms into firearms. |
Restriction on the discharge of firearms. |
PART VII
GENERAL |
Provision as to forfeiture of firearms and
cancellation of certificates and licences. |
Production of certificates and licences. |
Power to search premises. |
Additional power of peace officers. |
Time for commencing proceedings. |
|
|
Reduction of remission of sentence. |
Consent of Attorney-General required. |
|
SCHEDULES |
FIRST SCHEDULE - Particulars to be Entered by Firearms
Dealers in Register of Transaction. |
SECOND SCHEDULE - Offences to which Subsection (4.) of
Section 34 applies. |
THIRD SCHEDULE - Exempted Weapons and Articles. |
CHAPTER 213 |
FIREARMS |
An Act to
repeal and replace the Firearms Act. | 12 of 1969
10 of 1972
15 of 1974
E.L.A.O., 1974
13 of 1980
10 of 1990
21 of 1994
10 of 2000 |
[Assent 1st May,
1969]
[Commencement 17th July, 1969] |
PART I
PRELIMINARY |
1. This Act may be cited as the Firearms Act. | Short title. |
2. (1) In this Act, unless the context otherwise
requires- | Interpretation. |
"acquiring"
includes hiring, accepting as a gift and borrowing and the expressions
"acquire" and "acquisition" shall be construed accordingly; |
"ammunition",
except where otherwise expressly provided, means ammunition for any firearm as
hereinafter defined, and includes grenades, bombs and other like missiles,
whether capable of use with such firearm or not, and prohibited ammunition; |
"antique
firearm" means any firearm manufactured before the first day of January,
A.D. 1850 and purchased, acquired or possessed as a curiosity or ornament
without any ammunition therefor; |
"Commissioner"
means the Commissioner of Police; |
"dealer's
licence" means a licence issued to a firearms dealer; |
"firearm"
means any barrelled weapon of any description capable of inflicting injury from
which any shot, bullet or other missile can be discharged and includes- |
(a) any
prohibited weapon; |
(b) any
component part of any firearm or prohibited weapon; |
(c) any
accessory to any firearm or prohibited weapon designed or adapted to diminish
the noise or flash caused by firing the same; and |
(d) any dummy
pistol or revolver capable being converted or used as a firearm, |
but does not
include any weapon or article of a specified in the Third Schedule to this
Act; |
"firearm
certificate" means a certificate granted under the provisions of section
10 of this Act; |
"firearms
dealer" means a person who, by way of trade or business manufactures,
sells, transfers, repairs, tests or proves firearms or ammunition to which
Parts III and IV of this Act apply; |
"gun"
means a firearm to which Part IV of this Act applies; |
"gun
licence" means a licence issued under the provisions of section 16 of this
Act; |
"Licensing
Authority" means that person or authority who is for the time being
charged with responsibility under the relevant provisions of the Constitution
for matters relating to internal security; |
"Minister"
means the Minister responsible for the Police Department; |
"Out Island
District" means a district constituted under the provisions of the Local
Government Act or any Act passed in amendment thereof or in substitution
therefor; |
"pistol"
means a short-barrelled firearm constructed so as to enable it to be aimed and
fired with one hand only and includes a pistol constructed so as to discharge
any noxious gas or liquid; |
"prescribed"
means prescribed by rules made under the provisions of section 47 of this Act; |
"prohibited
ammunition" means any ammunition referred to in section 30 of this Act; |
"prohibited
weapon" means any firearm or weapon referred to in section 30 of this Act; |
"revolver"
includes a pistol and every part thereof but does not include antique revolvers
or any toy pistol from which any shot, bullet or missile is discharged by the
force of a spring alone; |
"slaughtering
instrument" means a firearm which is specially designed or adapted for the
instantaneous slaughter of animals or for the instantaneous stunning of animals
with a view to slaughtering them; |
"transferring"
includes letting on hire, giving, lending and parting with possession, and the
expressions "transfer", "transferee" and
"transferor" shall be construed accordingly; |
"trap
shooting" means shooting at a moving disc-shaped target launched by
mechanical means, common known also as skeet or clay-pigeon shooting. |
(2) For the
purpose of this Act the length of the barrel of a firearm shall be measured
from the muzzle to the point at which the charge is exploded on firing. |
(3) Any decision
of the Licensing Authority made in the exercise of the powers conferred upon
him by this Act may be signified under the hand of such public officer as the
Authority may from time to time direct. |
3. (1) From and after the coming into operation of this
Act all firearms imported into The Bahamas shall be deposited by the person
importing the same in such warehouse or place as shall be appointed by the
Licensing Authority. | Importation. |
(2) Subject to the
provisions of sections 43 and 44 of this Act no firearm shall be withdrawn or
removed from the warehouse or place in which it is deposited except by a person
possessing and producing a dealer's licence or a special licence, firearm
certificate or gun licence relating to that firearm, as the case may be, and a
record shall be kept of every such withdrawal or removal by the officer in
charge of the place from whence the same is withdrawn. |
(3) Any person
withdrawing or removing a firearm in contravention of this section shall be
liable on summary conviction to imprisonment for two years or to a fine of five
hundred dollars or to both such imprisonment and fine. |
PART II
REVOLVERS |
4. (1) Subject to the provisions of sections 6, 43 and
44 of this Act, no person shall introduce into The Bahamas or possess any revolver
unless he shall have obtained a special licence in the prescribed form from the
Licensing Authority authorising him to introduce or possess the same. | Introduction and possession of revolvers only under
special licence. |
(2) The grant or
refusal of a special licence under the provisions of this section shall be at
the discretion of the Licensing Authority and every such special licence shall
be issued subject to such conditions and restrictions as he may deem fit. |
(3) Every such
special licence shall cease and be of no effect at midnight on the thirty-first
day of December in the year in which it was issued but may be renewed at the
discretion of the Licensing Authority: |
Provided
that an application for the renewal of a special licence shall be made within
fourteen days after the expiration of the special licence concerned. |
(4) It shall be
lawful for the Licensing Authority by writing under his hand to vest all or any
of his powers under the provisions of this section in the Commissioner, but any
person aggrieved by any decision made by the Commissioner in the exercise of
these powers may appeal to the Licensing Authority and the Licensing Authority
may revoke, vary or confirm the decision so appealed against and his decision
shall be final and shall not be called in question in any court. |
(5) There shall be
payable upon issue of a special licence under the provisions of this section a
fee of such amount as may be prescribed. |
5. (1) Any person introducing a
revolver into The Bahamas or being found in possession of a revolver in
contravention of this Part shall be liable- | Penalties. |
(a) on
conviction on information to imprisonment for a term of ten years; |
(b) on
summary conviction before a Stipendiary and Circuit Magistrate to imprisonment
for a term of five years, |
and
in addition to a fine of ten thousand dollars and every such revolver shall be
forfeited to the Crown: |
Provided that
where the court is satisfied that such person was the holder of a special
licence issued under this Part and did not renew such licence during the period
specified in the proviso to subsection (3) of section 4, or during the period
of six months next following that period, the court may, in lieu of passing a
sentence of imprisonment, impose on such person a fine not exceeding one
thousand dollars. |
(2) The occupier
of any house or premises in which a revolver is found shall, for the purposes
of this Part of this Act, be deemed to be the possessor unless and until the
contrary be proved. |
6. Nothing in this Part of this Act shall be deemed to
relate to the possession of a revolver by a person, other than a resident of
The Bahamas, belonging to or on board of any foreign vessel arriving at any
port therein, during the period of three months following the arrival of such
vessel at her first port of call on any visit to The Bahamas, provided that- | Temporary exemption of certain persons aboard foreign
vessels. |
(a) no such
person brings the revolver on shore; |
(b) no such
person uses the revolver while in the territorial waters of The Bahamas; and |
(c) such person
makes, in the prescribed form, a declaration of his possession of any such
revolver to a proper officer of customs or an Out Island Commissioner at the
first port of call in The Bahamas within forty-eight hours of the arrival of
the vessel. |
7. A special licence issued under the provisions of
this Part of this Act may be withdrawn at any time, without giving any reason
therefor, by serving upon the holder a notice in writing to that effect given
by or under the authority of the Licensing Authority. Such service may be
effected personally or by leaving the same at the address given on the said
licence. | Withdrawal of special licence. |
PART III
PURCHASE AND POSSESSION OF CERTAIN FIREARMS AND AMMUNITION |
8. (1) This Part of this Act applies to all firearms as
defined in section 2 of this Act except the following weapons and component
parts thereof and accessories thereto, namely- | Application. |
|
|
(c) a smooth
bore gun having a barrel not less than twenty inches in length; |
(d) an air gun,
air rifle or pistol not being of a type declared by the rules made under the
provisions of section 47 of this Act to be specially dangerous: |
Provided that
subsections (7) and (8) of section 12 and section 13 of this Act shall apply to
a revolver and to ammunition therefor as they apply to any other firearm or
ammunition. |
(2) This Part of
this Act applies to all ammunition as defined in section 2 of this Act, except
for the following articles, namely- |
(a) cartridges
containing five or more shots, none of which exceeds nine twenty-fifths of an
inch in diameter; |
(b) ammunition
for an air gun or air rifle or air pistol; and |
(c) blank
cartridges not exceeding one inch in diameter. |
(3) For the
purposes of this section the diameter of a cartridge shall be measured
immediately in front of the rim or cannelure of the base of the cartridge. |
9. (1) Subject to the provisions of section 12, 43 and
44 of this Act, no person shall purchase, acquire or have in his possession any
firearm or ammunition to which this Part of this Act applies unless he holds a
firearm certificate in force at the time. | Penalty for purchase or possession without
certificate. |
(2)
If any person- |
(a) purchases,
acquires or has in his possession any firearm or ammunition to which this Part
of this Act applies without holding a firearm certificate in force at the time,
or otherwise than as authorised by such certificate, or, in the case of
ammunition in quantities in excess of those so authorised; or |
(b) fails to
comply with any condition subject to which a firearm certificate is held by
him, |
he shall,
subject to the provisions of sections 12, 43 and 44 of this Act for each
offence on summary conviction before a Stipendiary and Circuit magistrate be
sentenced to imprisonment for a term of five years and
shall be liable to a fine of ten thousand dollars: |
Provided that
where the court is satisfied that such person was the holder of a firearm
certificate granted under this Part and did not renew such firearm certificate
during the period specified in the proviso to subsection (4) of section 10, or
during the period of six months next following that period, the court may, in
lieu of passing a sentence of imprisonment, impose on such person a fine not
exceeding one thousand dollars. |
10. (1) An application for the grant of a certificate
under the provisions of this section shall be made in the prescribed form and
manner to the Commissioner, and shall state such particulars as may be required
by the said form. | Grant renewal, variation and revocation of
certificates. |
(2) The
certificate may be granted by the Commissioner if he is satisfied that the
applicant has a good reason for purchasing, acquiring or having in his
possession the firearm or ammunition in respect of which the application is
made, and can be permitted to have in his possession that firearm or ammunition
without danger to the public safety or to the peace: |
Provided that a
certificate shall not be granted to a person whom the Commissioner has reason
to believe to be prohibited by this Act from possessing a firearm to which this
Part of this Act applies, or to be of intemperate habits or unsound mind, or to
be for any reason unfitted to be entrusted with such a firearm. |
(3) A certificate
granted under this section shall be in the prescribed form and shall specify
the conditions (if any) subject to which it is held, the nature and number of
the firearm to which it relates, and, with respect to ammunition, the
quantities authorised to be purchased and to be held at any one time
thereunder. |
(4) A firearm
certificate shall, unless previously revoked, continue in force until midnight
of the thirty-first day of December of the year in which it was issued but
shall be renewable from year to year by the Commissioner, and the foregoing
provisions of this section shall apply to a renewal of a certificate as they
apply to the grant of a certificate: |
Provided that an
application for renewal of a firearm certificate shall be made within fourteen
days after the expiration of the certificate concerned. |
(5) The
Commissioner may at any time by notice in writing vary the conditions subject
to which the certificate is held, except such of them as may be prescribed, and
may by notice require the holder to deliver up the certificate to him within
twenty-one days from the date of the notice for the purpose of amending the
conditions specified therein. |
(6) A firearm
certificate may also, on the application of the holder thereof, be varied from
time to time by the Commissioner. |
(7) A firearm
certificate may be revoked by the Commissioner if- |
(a) he is
satisfied that the holder is prohibited by this Act from possessing a firearm
to which this Part of this Act applies, or is of intemperate habits or unsound
mind, or is otherwise unfitted to be entrusted with such a firearm; or |
(b) the holder
fails to comply with a notice under subsection (5) of this section requiring
him to deliver up the certificate. |
(8) Any person
aggrieved by a refusal of the Commissioner to grant him a certificate under
this section or vary or renew a firearm certificate or by the revocation of a
firearm certificate under paragraph (a) of the last foregoing subsection, may
appeal to the Licensing Authority and the Licensing Authority may confirm, vary
or revoke the decision so appealed against and his decision thereon shall be final
and shall not be called in question in any court. |
(9) In any case
where a firearm certificate is revoked by the Commissioner, he shall by notice
in writing require the holder to surrender the certificate, and if the holder
fails to do so within twenty-one days from the date of the notice the holder
shall be liable on summary conviction to a fine of twenty dollars and to
confiscation of the firearm and any ammunition to which the certificate
relates: |
Provided that
where an appeal is brought against the revocation, this subsection shall not
apply to that revocation unless the appeal is abandoned or dismissed, but shall
in that case have effect as if for the reference to the date of the notice
there were substituted a reference to the date on which the appeal was
abandoned or dismissed. |
(10) If any person
makes any statement which he knows to be false for the purpose of procuring,
whether for himself or any other person, the grant of a certificate under this
section, or the variation, or renewal of a firearm certificate, he shall for
each offence be liable on summary conviction to imprisonment for six months or
to a fine of sixty dollars or to both such imprisonment and fine. |
11. (1) Subject to the provisions of this section and
of sections 43 and 44 of this Act, there shall be payable on the grant of a
firearm certificate (in this section referred to as a "certificate")
and on the renewal of a certificate, or on any variation of a certificate which
increases the number of firearms to which the certificate relates, or on the
replacement of a certificate which has been lost or destroyed, a fee of such
amount as may be prescribed. | Fees in respect of certificates. |
(2) No fee shall
be payable on the grant, variation or renewal of a certificate if the
Commissioner is satisfied that the certificate relates solely to and, in the
case of variation, will continue to relate solely to- |
(a) a
signalling apparatus, or ammunition therefor which the applicant requires as
part of the equipment of a ship or an aircraft or aerodrome; or |
(b) a
slaughtering instrument, or ammunition therefor which the applicant requires
for the purpose of slaughtering animals. |
(3) No fee shall
be payable- |
(a) on the
grant of a renewal of a certificate relating solely to a firearm which is shown
to the satisfaction of the Commissioner to be kept by the applicant as a
souvenir of active service in time of war and without any ammunition capable of
being used in connection therewith; or |
(b) on any
variation of a certificate the sole effect of which is to add such a firearm as
aforesaid to the firearms to which the certificate relates, if the certificate
is granted, renewed or varied subject to the condition that the firearm shall
be rendered unserviceable for use as such. |
12. (1) The following provisions of this section shall
have effect notwithstanding anything in section 9 of this Act. | Exemptions from holding certificates. |
(2) A person
carrying on the business of a firearms dealer and registered as such, or a
servant of such dealer authorised in writing by that dealer, may, without
holding a firearms certificate (in this section referred to as a
"certificate") purchase, acquire or have in his possession a firearm
or ammunition in the ordinary course of that business. |
(3) A person
carrying on the business of an auctioneer, carrier or warehouseman or a servant
of such person authorised in writing by that person, may, without holding a
certificate, have in his possession a firearm or ammunition for the purposes of
sale, carriage or storage, as the case may be, in the ordinary course of that
business: |
Provided that an
auctioneer shall first have obtained from the Commissioner a temporary permit
in the prescribed form entitling him to have a firearm in his possession or
under his control for the purpose of sale by auction. |
(4) Any person
may, without holding a certificate- |
(a) have in his
possession a signalling apparatus or ammunition therefor on board a ship or an
aircraft or at an aerodrome, as part of the equipment of the ship, aircraft or
aerodrome; and |
(b) remove a
signalling apparatus or ammunition therefor, being part of the equipment of an
aircraft, from one aircraft to another at an aerodrome, or from or to an
aircraft at an aerodrome to or from a place appointed for the storage thereof
in safe custody at that aerodrome, and keep any such apparatus or ammunition at
such place; and |
(c) if he has
obtained from the Commissioner a permit for the purpose in the prescribed form,
remove a signalling apparatus from or to a ship, an aircraft or aerodrome, to or
from such place and for such purpose as may be specified in the permit. |
(5) A member of a
cadet corps approved by the Licensing Authority may, without holding a certificate,
have in his possession a firearm and ammunition when engaged as such a member
in, or in connection with, drill or target practice and a member of a rifle
club or miniature rifle club so approved may, without holding a certificate,
have in his possession a firearm or ammunition when engaged as such a member
in, or in connection with, target practice at a range. |
(6) A person
conducting or carrying on a miniature rifle range (whether for a rifle club or
otherwise) or shooting gallery at which no firearms are used other than
miniature rifles not exceeding .23 calibre may, without holding a certificate,
purchase, acquire or have in his possession such miniature rifles and
ammunition suitable therefor; and any person may, without holding a
certificate, use any such rifle and ammunition at such a range or gallery. |
(7) A person
taking part in a theatrical performance or any rehearsal thereof, or in the
production of a cinematographic film, may, without holding a certificate, have
a firearm in his possession during and for the purpose of the performance,
rehearsal or production. |
(8) Any person
may, without holding a certificate, have a firearm in his possession for any
purpose of and incidental to starting races at an athletic meeting or a
yachting event. |
13. (1) No pawnbroker shall take in pawn from any
person any firearm or ammunition to which this Part of this Act applies. | Penalty for taking in pawn as security for debt,
firearms or ammunition. |
(2) No person
shall have possession of or keep any firearm or ammunition to which this Part
of this Act applies as security for any debt without a firearm certificate
therefor. |
(3) If any
pawnbroker or person contravenes the provisions of this section he shall, for
each offence, be liable on summary conviction to imprisonment for six months or
to a fine of one hundred and fifty dollars or to both such imprisonment and
fine. |
PART IV
PURCHASE AND POSSESSION OF GUNS |
14. This Part of this Act applies to- | Application. |
(a) smooth bore
guns; whether single or double barrelled having such barrel or barrels not less
than twenty inches in length; and |
(b) air guns,
air rifles or air pistols not being of a type prescribed by the rules made
under the
provisions of section 47 of this Act to be specially dangerous, |
any such
weapon being hereinafter in this Part of this Act referred to as a
"gun". |
15. (1) Subject to the provisions of this Act, no
person shall purchase, acquire or have in his possession, use or carry any gun
unless he holds a licence therefor in force at the time. | Penalty for purchasing or possessing a gun without a
licence. |
(2)
Any person who purchases, acquires or has in his possession, uses or carries a
gun without a licence therefor shall on summary conviction before a Stipendiary
and Circuit magistrate be sentenced to imprisonment for a term not less than
two years but not exceeding five years and shall be liable to a fine of ten
thousand dollars: |
Provided that
where the court is satisfied that such person was the holder of a gun licence
granted under this Part and did not renew such gun licence during the period
specified in the proviso to subsection (3) of section 16, or during the period
of six months next following that period, the court may, in lieu of passing a
sentence of imprisonment, impose on such person a fine not exceeding one
thousand dollars. |
(3) If such gun is
proved to be the property of some person other than the person in whose
possession it is found, or who carries or uses it, such person shall also be
liable on summary conviction to the same punishment unless he proves that he
holds a gun licence and that the person in whose possession the gun was found
had such gun in his possession or carried or used it without the knowledge or
against the consent of such other person. |
(4) Where a gun is
carried in parts by two or more persons in company, each and every one of such
persons shall be deemed to carry the gun. |
16. (1) An application for the grant of a gun licence
under the provisions of this section shall be made in the prescribed form to
the Commissioner and shall state such particulars as may be required by the
said form | Grant of licences. |
(2) The licence
may be granted by the Commissioner if he is satisfied on good and sufficient
evidence that the applicant is a fit and proper person to be granted a gun
licence: |
Provided that a
licence shall not be granted to a person whom the Commissioner has reason to
believe to be prohibited by this Act from possessing a gun to which this Part
of this Act applies, or to be of intemperate habits or unsound mind, or to be
for any reason unfitted to be entrusted with such a gun. |
(3) A gun licence
granted under this section shall be in the prescribed form and shall specify
any condition subject to which it is held and shall, unless previously
revoked, continue in force until midnight of the thirty-first day of December
of the year in which it was granted but shall be renewable from year to year by
the Commissioner: and the foregoing provisions of this section shall apply to a
renewal of a gun licence as they apply to the grant of such a licence: |
Provided that an
application for the renewal of a gun licence shall be made within fourteen days
after the expiration of the gun licence concerned. |
(4) If any person
makes any statement which he knows to be false for the purpose of procuring,
whether for himself or any other person, the grant of a licence under this
section he shall be liable on summary conviction to imprisonment for six months
or to a fine of sixty dollars or to both such imprisonment and fine. |
(5) The Licensing
Authority may direct in writing that all or any of the powers and functions
vested in the Commissioner under the provisions of this section shall for the
time being be exercisable in any Out Island District by any police officer of
or above the rank of inspector, or by the commissioner of that district,
subject to such conditions and restrictions as he may think fit. |
17. (1) There shall be payable on the grant or the
renewal of a gun licence and on the replacement of a gun licence which has been
lost or destroyed a fee of such amount as may be prescribed. | Fees for licences. |
(2) A record of
every licence issued under this Part of this Act shall be entered in the
prescribed book. | Record of licences. |
18. (1) The following provisions of this section shall
have effect notwithstanding anything contained in section 15 of this Act. | Exemptions. |
(2) A person
carrying on the business of a firearms dealer and registered as such, or a
servant of such a person, may without holding a gun licence, purchase, acquire
or have in his possession a gun in the ordinary course of that business. |
(3) A person
carrying on the business of an auctioneer, carrier, or warehouseman, or a
servant of such person may, without holding a gun licence, acquire or have in
his possession a gun in the ordinary course of that business. |
(4) A person into
whose custody the holder of a gun licence has entrusted the gun, the subject of
such licence, for the temporary custody, not exceeding thirty days, of such gun
need not hold a gun licence if he does not use the gun, whether he is a servant
of the licence holder or otherwise. |
(5) Any member or
guest of a trap-shooting club or association which has been approved in writing
by the Licensing Authority and any customer resorting to a trap-shooting range,
the owner or manager of which has been approved in writing by the Licensing
Authority, may for the purpose of trap-shooting organised by such club or
association or conducted at such range, as the case may be, have in his
possession and use a gun without holding a gun licence, so long as there is in
force in relation to that gun a valid licence granted to a responsible officer
of the club or to the owner or manager of the range, as the case may be. |
(6) A person who
has obtained from the Commissioner a permit for the purpose in the prescribed
form may without holding a gun licence have in his possession, or have in his
possession and use, a gun and ammunition therefor in accordance with the terms
of the permit. |
19. (1) The Commissioner may withdraw any gun licence
issued under the provisions of this Part of this Act- | Withdrawal of licences. |
(a) when the
holder is convicted of an offence under this Act or is prohibited by this Act
from possessing a gun; or |
(b) when, for
reasons to be recorded in writing, the Licensing Authority deems it necessary
for the public peace. |
(2) A gun licence
shall be withdrawn by serving upon the holder a notice in writing to that
effect signed by the Commissioner. |
20. (1) Any person who is aggrieved by the decision of
the Commissioner refusing to grant or renew or withdrawing a gun licence may
within one month of such refusal or withdrawal, as the case may be, appeal to
the Licensing Authority and the Licensing Authority, after such enquiry as may
appear necessary, may confirm or reverse such decision. | Appeal. |
(2) The decision
of the Licensing Authority shall be final and shall not be called in question
in any court. |
21. (1) Whenever any gun for which a licence is
required is not marked with such names and figures, or in such other manner
that the same may be readily identified, the Commissioner may, whenever application
is made for a gun licence before granting the licence, require the applicant to
produce the gun, and thereupon to cause it to be marked on the lock, stock and
barrel with some permanent mark whereby the same may afterwards be known and
identified, but in such manner as not to injure or disfigure the same and such
gun when duly marked shall, with the licence relating thereto, be delivered to
the applicant. | Guns to be marked. |
(2) Any person who
wilfully obliterates or defaces or alters, counterfeits or forges any mark placed
on any gun or accepted by the Commissioner under the provisions of subsection
(1) of this section, or marks any gun with any mark resembling or intended to
resemble any mark so used by the Commissioner, with intent thereby to expose
any person to any fine, or to commit any other fraud, shall be liable for each
such offence to a fine of one hundred and fifty dollars. |
PART V
FIREARMS DEALERS |
22. (1) Subject to the provisions of this section, no
person shall, by way of trade or business- | Penalty for manufacturing or dealing in firearms
without being registered. |
(a) manufacture,
sell, transfer, repair, test or prove;or |
(b) expose for
sale or transfer, or have in his possession for sale, transfer, repair, test or
proof |
any firearm
(other than a revolver) or ammunition unless he is registered as a firearms
dealer: |
Provided that it
shall be lawful for an auctioneer to sell by auction, expose for sale by
auction and have in his possession for sale by auction any such firearm or ammunition
without being registered as aforesaid, if he has obtained from the Commissioner
a permit for that purpose in the prescribed form and he complies with the terms
of the permit. |
(2) If any person
contravenes the provisions of this section or makes any statement which he
knows to be false for the purpose of procuring, whether for himself or any
other person, the grant of a permit under this section, he shall for each
offence be liable on summary conviction to imprisonment for three months or to
a fine of one hundred and fifty dollars or to both such imprisonment and fine. |
23. (1) For the purposes of this Act, the Commissioner
shall keep in the prescribed form a register of firearms dealers and, subject
as hereinafter provided, shall enter therein the name of any person who having,
or proposing to have, a place of business, applies to be registered as a
firearms dealer and furnishes him with the prescribed particulars. | Registration of firearms dealers. |
(2) The
Commissioner shall not register any person as a firearms dealer unless he is
satisfied that- |
(a) the
applicant is of good character; |
(b) the
applicant has taken or proposes to take adequate precautions for the security of
his business premises and of any firearms to be kept therein; and |
(c) in all
other respects the applicant is capable of complying fully with the provisions
of this Act relating to the duties of a firearms dealer. |
(3) It shall be
lawful for the Commissioner to impose such conditions as he may think fit upon
the registration of any person as a firearms dealer and any such condition
shall be endorsed upon the certificate granted under section 24 of this Act. |
(4) On the
registration of an applicant as a firearms dealer in any area there shall be
payable a fee of such amount as may be prescribed, and a fee of like amount
shall be due and payable upon each anniversary of the. registration of such
firearms dealer so long as his name remains upon the register for that area: |
Provided that no
fee shall be payable if the Commissioner is satisfied that the only place of
business in respect of which the application is made is one to which the
applicant proposes to transfer the business previously carried on by him at a
place entered in the register for another area. |
(5) If the
Commissioner, after giving reasonable notice to any person whose name is on the
register, is satisfied that that person- |
(a) is no
longer carrying on business as a firearms dealer; or |
(b) has ceased
to have a place of business in the area for which he is registered; or |
(c) has
contravened any provision of this Act relating to firearms dealers or any
condition imposed by the Commissioner under the provisions of this section; or |
(d) cannot be
permitted to continue to carry on business as a firearms dealer without danger
to the public safety or the peace; or |
(e) has failed
or neglected for a period of six months or upwards to pay any fee payable under
subsection (4) of this section, |
he shall
cause the name of that person to be removed from the register. |
(6) The
Commissioner shall also cause the name of any person to be removed from the
register if that person so desires. |
(7) Any person
aggrieved by a refusal of the Commissioner to register him as a firearms
dealer, or by the removal of his name from the register, may appeal and the
provisions of section 10 with regard to appeals under that section shall apply
to appeals under the provisions of this section. |
(8) If any person,
for the purpose of procuring the registration of himself or of any other person
as a firearms dealer, makes any statement which he knows to be false, he shall,
for each offence, be liable on summary conviction to imprisonment for three
months or to a fine of one hundred and fifty dollars or to both such
imprisonment and fine. |
24. (1) The Commissioner shall grant or cause to be
granted to any person who is registered under the last preceding section a
certificate of registration. | Certificates of registration. |
(2) In any case
where the Commissioner causes the name of any firearms dealer to be removed
from the register, he shall by notice in writing require the dealer to
surrender his certificate of registration and if the dealer fails to do so
within one month from the date of the notice he shall be liable on summary
conviction to a fine of sixty dollars: |
Provided that,
where an appeal is brought against removal, this subsection shall not apply to
that removal unless the appeal is abandoned or dismissed, and shall in that
case have effect as if for the reference to the date of the notice there was
substituted a reference to the date on which the appeal was abandoned or
dismissed. |
25. (1) The prescribed particulars which a person
applying to be registered in any area as a firearms dealer under the provisions
of section 23 of this Act is required to furnish shall include particulars of
every place of business at which he proposes to carry on business within the
area as a firearms dealer, and the Commissioner shall, subject as hereinafter
provided, enter in the register every such place of business. | Registration of places of business of firearms
dealers. |
(2) Every person
registered as a firearms dealer in any area who proposes to carry on business
as such at any place of business in that area which is not entered in the
register, shall notify the Commissioner and furnish him with such particulars
as may be prescribed, and the Commissioner shall, subject as hereinafter
provided, enter that place of business in the register. |
(3) The
Commissioner, if he is satisfied that any place of business notified to him by
any person under subsection (1) or (2) of this section, or any place entered as
a place of business of any person in the register of firearms dealers, is a
place at which that person cannot be permitted to carry on business as a
firearms dealer without danger to the public safety or to the peace, may refuse
to enter that place of business in the register or remove it from the register,
as the case may be. |
(4) Any person
aggrieved by any such refusal or removal may appeal and the provisions of
section 10 with regard to appeals under that section shall apply to appeals
under the provisions of this section. |
(5) If- |
(a) any person
being a registered firearms dealer, has a place of business which is not
entered on the register for the area in which 'that place is situated, and
carries on business as a firearms dealer at that place; or |
(b) any person
makes any statement which he knows to be false for the purpose of procuring,
whether for himself or any other person, the entry of any place of business in
the register of firearms dealers. |
he shall,
for each offence, be liable on summary conviction to imprisonment for three
months or to a fine of one hundred and fifty dollars or to both such
imprisonment and fine. |
26. (1) Every person who by way of trade or business
manufactures, sells or transfers firearms or ammunition shall provide and keep
a register of transactions and shall enter or cause to be entered therein the
particulars set out in the First Schedule to this Act. | Register of transactions in firearms. |
(2) Every such
entry shall be made within twenty-four hours after the transaction to which it
relates took place, and, in the case of a sale or transfer, every such person
as aforesaid shall at the time of the transaction require the purchaser or
transferee, if not known to him, to produce a certificate together with sufficient
proof of identity authorising him to purchase or acquire such firearm or
ammunition or to satisfy him that he is otherwise authorised under the
provisions of this Act to purchase and acquire the same, and shall immediately
enter such particulars in the register. |
(3) Every such
person as aforesaid shall on demand allow any peace officer, duly authorised in
writing in that behalf by the Commissioner, to enter and inspect all stock in
hand, and shall on request- |
(a) by any
peace officer duly authorised in writing in that behalf by the Commissioner; or |
(b) by an
officer of the customs duly authorised in that behalf by the Comptroller of
Customs, produce for inspection the register so required to be kept as
aforesaid: |
Provided that in
each case where a written authority is required by this subsection, the
authority shall be produced on demand. |
(4) Every
registered firearms dealer shall, on the thirty-first day of March and the
thirtieth day of September in every year, submit to the Commissioner a written
return specifying- |
(a) the
quantities and description of all firearms and ammunition sold or transferred
by him within the preceding six months, together with the names and addresses
of the transferees; and |
(b) the
quantities and description of firearms and ammunition remaining for sale or
transfer as part of his stock-in-trade at that date. |
(5) If any person- |
(a) fails to
comply with any of the provisions of this section; or |
(b) knowingly
makes any false entry in the register required to be kept under this section, |
he shall,
for each offence, be liable on summary conviction to imprisonment for six
months or to a fine of one hundred and fifty dollars or to both such
imprisonment and fine. |
(6) Nothing in
this section shall apply to the sale of firearms or ammunition by auction in
accordance with the terms of a permit issued under the proviso to subsection
(1) of section 22 of this Act. |
(7)
The Minister may, by rules under this Act, vary or add to the
First Schedule to this Act and references in this Act to that Schedule shall be
construed as references to the Schedule as for the time being varied or added
to. |
27. Where a registered firearms dealer is convicted of
an offence under the provisions of this Act or of an offence against the
enactments relating to customs in respect of the import or export of firearms
or ammunition, the court may order- | Powers of court in case of offences by firearms
dealers. |
(a) that the
name of the registered dealer be removed from the register; and |
(b) that
neither the dealer nor any person who acquires the business of that dealer, nor
any person who took part in the management of the business and was knowingly a
party to the offence shall be registered as a firearms dealer; and |
(c) that any
person, who after the date of the order knowingly employs in the management of
his business the dealer convicted of the offence, or any person who was
knowingly a party to the offence shall not be registered as a firearms dealer
or, if so registered, shall be liable to be removed from the register; and |
(d) that any
stock in hand consisting of firearms and ammunition shall be disposed of by
sale or otherwise in accordance with such directions as may be contained in the
order: |
Provided that a
person aggrieved by an order made under this section may appeal against the
order in the same manner as against the conviction and the court may, if it
thinks fit, suspend the operation of the order pending the appeal. |
PART VI
MISCELLANEOUS |
28. (1) No person shall sell or transfer to any other
person, other than a registered firearms dealer, a firearm or ammunition,
unless that other person produces a firearm certificate or a gun licence
authorising him to purchase or acquire or shows that he is by virtue of this
Act entitled to purchase or acquire it without such a certificate or licence: | Restrictions on sale, repair of firearms and
ammunition. |
Provided that this
subsection shall not prevent- |
(a) a person
parting with the possession of a firearm or ammunition, otherwise than in
pursuance of a contract of sale or hire, or by way of gift or loan, to a person
who shows that he is by virtue of this Act entitled to have possession of the
firearm or ammunition without holding such a certificate or licence; or |
(b) the
delivery of a firearm or ammunition by a carrier or warehouseman, or a servant
authorised in writing by such carrier or warehouseman, in the ordinary course
of his business or employment as such. |
(2) Every person
who sells, lets or hires, gives or lends a firearm or ammunition to any person
other than a registered firearms dealer, shall, unless that other person shows
that he is by virtue of this Act entitled to purchase or acquire the firearm or
ammunition without holding a firearm certificate or gun licence, comply with
any instructions contained in the certificate or licence produced and in the
case of a firearm shall within forty-eight hours from the transaction, send by
registered post notice of the transaction to the Commissioner. |
(3) No person,
unless authorised in writing by the Commissioner, shall undertake the repair,
test or proof of a firearm or ammunition for another person other than a
registered firearms dealer as such, unless that other person produces or causes
to be produced a firearm certificate or gun licence authorising him to have
possession of the firearm or ammunition, or shows that he is by virtue of this
Act entitled to have possession of the firearm or ammunition without holding
such a certificate or licence. |
(4) If any person- |
(a) contravenes
or fails to comply with any of the provisions of this section; or |
(b) with a view
to purchasing or acquiring, or procuring the repair, test or proof of a firearm
or ammunition, produces a false firearm certificate or licence or a firearm
certificate or licence in which any false entry has been made, or impersonates
a person to whom a firearm certificate or gun licence has been granted, or
makes any false statement, |
he shall,
for each offence, be liable on summary conviction to imprisonment for six
months or to a fine of one hundred and fifty dollars or to both such
imprisonment and fine. |
29. (1) Save as in this section expressly provided- | Restriction on purchase and possession of firearms by
young persons. |
(a) no person
under the age of eighteen years shall purchase, hire, use or carry, accept as a
gift or borrow any firearm or ammunition; |
(b) no person
shall sell or let on hire, give or rent out any firearm or ammunition to any
other person whom he knows or has reasonable grounds for believing to be under
the age of eighteen years; and |
(c) no person
shall permit the using or carrying of any firearm or ammunition by a person
under the age of eighteen years. |
(2) If any person
contravenes the provisions of subsection (1) of this section he shall for each
offence be liable on summary conviction to imprisonment for three months or to
a fine of one hundred and fifty dollars or to both such imprisonment and fine. |
(3)
Notwithstanding anything contained in subsection (1) of this section, a person
between the ages of fourteen and eighteen years may accept as a gift or borrow,
use or carry, any gun or ammunition to which Part IV of this Act applies while
under the supervision of a person of or over the age of twenty-one years and no
person shall be guilty of any offence under the provisions of this section by
reason of his permitting such a person to do so in such circumstances: |
Provided that a
person under the age of eighteen years shall not have any gun in his possession
in a public place except a gun which is so covered with a securely fastened gun
cover that it cannot be fired or except while using such a gun or ammunition at
a shooting gallery where the only firearms used are guns not exceeding .23
calibre. |
30. (1) It shall not be lawful for any person without
the express written authority of the Licensing Authority to manufacture, sell,
transfer, purchase, acquire or have in his possession- | Prohibited weapons and ammunition. |
(a) any firearm
which is so designed or constructed as to discharge any explosive matter; or |
(b) any firearm
which is so designed or adapted that, if pressure is applied to the trigger,
missiles continue to be discharged until the pressure is removed from the
trigger or the magazine containing the missiles is empty; or |
(c) any weapon
of whatever description designed or adapted for the discharge of any noxious or
inflammable liquid, gas or other thing; or |
(d) any
ammunition containing or designed or adapted to contain any such noxious or
inflammable thing; |
(e) any
firearm which is of a class declared by the Licensing Authority by order to be
a prohibited class of firearms for the purposes of this section. |
(2)
If any person contravenes the provisions of subsection (1) he shall be liable- |
(a) on
conviction on information to imprisonment for a term of twenty years; |
(b) on
summary conviction before a Stipendiary and Circuit Magistrate to imprisonment
for a term of five years, |
and
in addition to a fine of ten thousand dollars. |
(3) Where the
Licensing Authority is satisfied, on the application of a person in charge of a
theatrical performance, that such firearm as is mentioned in paragraph (b) of
subsection (1) of this section is required for the purpose of the performance,
he may, if he thinks fit, not only authorise that person to have possession of
the firearm but also authorise such other persons, as he may select, to have
possession thereof while taking part in the performance. In this subsection the
expression "theatrical performance" includes a rehearsal of such a
performance and the production of a cinematographic film. |
(4) Any written
authority given to any person under this section shall be subject to such
conditions as may be specified therein, and if that person fails to comply with
any such conditions he shall for each offence be liable on summary conviction
to imprisonment for three months or to a fine of one hundred and fifty dollars
or to both such imprisonment and fine. |
(5) The Licensing
Authority may at any time, if he thinks fit, revoke the authority given by him
to any person under this section by notice in writing requiring that person to
deliver up the authority to such persons as may be specified in the notice
within twenty-one days from the date of the notice, and if that person fails to
comply with that requirement he shall be liable on summary conviction to a fine
of seventy-five dollars. |
(6) The foregoing
provisions of this section shall be in addition to and not in derogation of any
other provisions of this Act, but- |
(a) the
Commissioner shall not refuse to grant or renew, and shall not revoke, a
firearm certificate in respect of a prohibited weapon or prohibited ammunition
if the applicant is for the time being authorised by the Licensing Authority to
have possession of that weapon or ammunition; and |
(b) the
Commissioner shall not refuse to enter in the register of firearms dealers the
name of a person for the time being authorised to manufacture, sell or transfer
a prohibited weapon or prohibited ammunition, or remove the name of such person
from the register, save on the ground that he cannot be permitted to carry on,
or to continue to carry on business as a firearms dealer without danger to the
public safety or to the peace; and |
where any
authority to purchase, acquire or have possession of a prohibited weapon or
prohibited ammunition is revoked under this section the firearm certificate
relating to that weapon or ammunition shall be revoked or varied accordingly by
the Commissioner. |
31. (1) No person shall sell or transfer any firearms
or ammunition to, or repair, prove or test any firearm or ammunition for, any
other person whom he knows or has reasonable ground for believing to be drunk
or of unsound mind. | Prohibition of sale of firearms to drunk or insane
persons. |
(2) If any person
contravenes any provision of this section, he shall for each offence be liable
on summary conviction to imprisonment for six months or to a fine of one
hundred and fifty dollars. |
32. (1) Subject to the provisions of this section, a
person who has been sentenced to imprisonment for a term of three months or
upwards for any crime shall not, at any time during the period of five years
from the date of his release, have a firearm or ammunition in his possession. | Prohibition on person convicted of crime purchasing or
possessing firearms. |
(2) Subject to the
provisions of this section a person who is subject to the supervision of the
police, or is subject to a recognisance to keep the peace, or to be of good
behaviour a condition of which is that he shall not possess, use or carry a
firearm, shall not, at any time during which he is so subject, have a firearm
or ammunition in his possession. |
(3) A person
prohibited under this section from having in his possession a firearm or
ammunition may apply for the removal of the prohibition as if such application
were an appeal under the provisions of section 10 of this Act and if the
application is granted, then the provisions of this section shall not apply to
that person. |
(4) No person
shall sell or transfer a firearm or ammunition to, or .repair, test or prove a
firearm or ammunition for any person whom he knows, or has reasonable ground
for believing, to be prohibited by this section from having a firearm or
ammunition in his possession. |
(5) If any person
contravenes any provision of this section, he shall for each offence be liable
on summary conviction to imprisonment for three months or to a fine of one
hundred and fifty dollars. |
33. If any person has in his possession any firearm or
ammunition with intent by means thereof to endanger life or cause serious
injury to property, or to enable any other person by means thereof to endanger
life or cause serious injury to property, he shall, whether any injury to
person or property has been caused or not, be guilty of felony, and on
conviction on information shall be liable to imprisonment for fourteen years. | Penalty for possessing firearms with intent to injure. |
34. (1) Any person who has with him a firearm or
imitation firearm with intent to commit an indictable offence, or to resist or
prevent the lawful arrest or detention of himself or any other person, or with
intent to put any other person in fear, shall be guilty of an offence and shall
be liable on conviction on information to imprisonment for a term not exceeding
fourteen years. | Penalty for use or possession of firearms or imitation
firearms in certain cases. |
(2) In any
proceeding for an offence under this section proof that the accused person had
a firearm or imitation firearm with him and that he intended to commit an
offence or to resist or prevent arrest or detention or put another person in
fear, shall be evidence that he intended to have it with him while so doing. |
(3) A person who
commits an offence under this section in respect of the lawful arrest or
detention of himself for any other offence committed by him, shall be liable to
the penalty provided by this section in addition to any penalty to which he may
be liable for that other offence. |
(4) If any person,
at the time of committing, or at the time of his apprehension for, any offence
specified in the Second Schedule to this Act, has in his possession any
firearm or imitation firearm, he shall, unless he shows that he had it in his
possession for a lawful object, be guilty of an offence under this subsection
and on conviction thereof on information shall be liable to imprisonment for
seven years in addition to any penalty to which he may be sentenced for the
first mentioned offence. |
(5) If on the
trial of any person for an offence under subsection (1) of this section, the
jury is not satisfied that he is guilty of an offence under subsection (1) of
this section, the jury may find him guilty of the offence under subsection (4)
of this section, and he shall be punished therefor accordingly. |
(6) A firearm or
imitation firearm shall notwithstanding that it is not loaded or is otherwise
incapable of discharging any shot, bullet or other missile, be deemed to be an
offensive weapon or instrument for the purpose of the Penal Code. |
(7) In this
section- |
the expression
"imitation firearm" means anything which has the appearance of being
a firearm. |
35. Any person who while he has a firearm with him
enters or is found in any building or part of a building as a trespasser and
without reasonable excuse, the proof whereof shall lie upon him, shall be
sentenced on conviction on information to imprisonment for a term not exceeding
six years. | Trespassing with firearms in a building. |
36. (1) No person other than a registered firearms
dealer shall shorten the barrel of a smooth bore gun to a length less than
twenty inches. | Provisions as to shortening guns and converting
imitation firearms into firearms. |
(2) No person
other than a registered firearms dealer shall convert into a firearm anything
which, though having the appearance of being a firearm, is so constructed as to
be incapable of discharging any missile through the barrel thereof. |
(3) If any person
contravenes any of the foregoing provisions of this section he shall for each
offence be liable on conviction on information to imprisonment for eighteen
months or to a fine of three hundred dollars or to both such imprisonment and
fine, or on summary conviction, to imprisonment for six months or to a fine of
one hundred and fifty dollars or to both such imprisonment and fine. |
(4)
If any person purchases, acquires or has in his possession a smooth bore gun
which has been shortened, or a firearm which has been converted as aforesaid
(whether by a registered firearms dealer or not) without holding a firearm
certificate authorising him to purchase, acquire or possess it, he shall be
liable- |
(a) on
conviction on information to imprisonment for a term of twenty years; |
(b) on
summary conviction before a Stipendiary and Circuit Magistrate to imprisonment
for a term of five years, |
and
in addition to a fine of ten thousand dollars. |
37. Any person who wantonly discharges any firearms to
the annoyance or danger of any person shall be guilty of an offence and liable
on summary conviction to imprisonment for twelve months or to a fine of three
hundred dollars or to both such imprisonment and fine. | Restriction on the discharge of firearms. |
PART VII
GENERAL |
38. (1) Where any person- | Provision as to forfeiture of firearms and
cancellation of certificates and licences. |
(a) is convicted
of an offence under this Act or is convicted of any crime for which he is
sentenced to imprisonment; or |
(b) has been
ordered to be subject to police supervision, or to enter into a recognisance to
keep the peace or to be of good behaviour, a condition of which is that the
offender shall not possess, use or carry a firearm, |
the court
before which he is convicted or by which the order was made may, if it thinks
fit, order any firearm or ammunition found in his possession to be forfeited to
the Crown, and may cancel any firearm certificate or gun licence held by the
person convicted. |
(2) Where the
court cancels a firearm certificate or gun licence under this section- |
(a) the court
shall cause notice to be sent to the Commissioner; and |
(b) the
Commissioner shall by notice in writing require the holder of the certificate
or licence to surrender it; and |
(c) if the
holder fails to surrender the certificate or licence within twenty-one days
from the date of the notice received by him, he shall be liable on summary
conviction to a fine of sixty dollars. |
39. (1) Any of the following officers, namely any
peace officer or any officer of customs or any other Government officer who is
authorised in writing in that behalf by the Commissioner, may demand from any
person | Production of certificates and licences. |
(a) possessing,
carrying or using, or |
(b) whom he
believes to be in possession of, |
a revolver
or a firearm or ammunition to which Part III of this Act applies or a gun to
which Part IV of this Act applies, the production of his special licence or his
firearm certificate or licence, as the case may be. |
(2) If any person
upon whom a demand is so made fails to produce the special licence or
certificate or licence or to permit the officer to read it, or to show that he
is entitled by virtue of this Act to have the said revolver or firearm or
ammunition or gun in his possession or to carry or to use the same without
holding a special licence or certificate, the officer may seize and detain the
said revolver or firearm or ammunition or gun, as the case may be, and may
require that person to declare to him immediately his name and address. |
(3) If any person
refuses to declare his name and address or fails to give his true name and
address he shall be liable, on summary conviction, to a fine of seventy-five
dollars and the officer may apprehend without warrant any person who refuses so
to declare his name and address, or whom such officer suspects of giving a
false name and address or of intending to abscond. |
40. (1) Any peace officer, or any officer of customs
authorised in that behalf by the Commissioner may if necessary by force, enter
and search at any time all premises of persons suspected of possessing, making
or selling any firearm or ammunition without a licence or certificate or
authority, as in this Act provided, and any place, vessel, boat or conveyance
which he reasonably suspects to contain firearms or ammunition for which there
is no licence or certificate or authority and every person therein, and then
and there to take charge and remove any firearm or ammunition which he
reasonably suspects to be without licence, certificate or authority as
aforesaid. All firearms and ammunition so seized and removed shall be delivered
to the Commissioner or to the officer in charge of the nearest police station. | Power to search premises. |
(2) If the
premises or place so searched under the provisions of subsection (1) of this
section are those of a registered firearms dealer then the officer may examine
any books relating to the business. |
(3) The officer
making the search may arrest without warrant any persons found on the premises
or place so searched under the provisions of subsection (1) of this section
whom he has reason to believe to be guilty of an offence under this Act. |
(4) A magistrate
may, on application being made to him in that behalf by or on behalf of the
Commissioner, order any firearm or ammunition seized and detained under the
provisions of this Act to be forfeited to the Crown. |
41. (1) A peace officer may require any person whom he
has reasonable cause to suspect of having a firearm, with or without
ammunition, with him and to be committing or about to commit an offence under
Part VI of this Act, to hand over the firearm and ammunition for examination by
the peace officer and any person having a firearm or ammunition with him who
fails to hand over the same when required to do so under this subsection shall
be liable on summary conviction to imprisonment for a term of three months or
to a fine of three hundred dollars or both such imprisonment and fine. | Additional power of peace officers. |
(2) If a peace
officer has reasonable cause to suspect any person of having a firearm with him
and to be committing or about to commit an offence under Part VI of this Act,
the peace officer may search that person and detain him for the purpose of
searching him. |
(3) If a peace
officer has reasonable cause to suspect that there is a firearm in a vehicle in
a public place or that a vehicle is being or is about to be used in connection
with the commission of an offence under Part VI of this Act in any place, he
may search the vehicle and for that purpose may require the person driving or
in control of it to stop it. |
(4) A peace
officer may arrest without warrant any person whom he has reasonable grounds
for suspecting to be committing an offence under Part VI of this Act. |
(5) Without
prejudice to the powers otherwise vested in him by law to enter any place, a
peace officer shall for the purpose of exercising the powers conferred upon him
by this section be entitled to enter any place without a warrant. |
42. Notwithstanding any provision of any Act
prescribing the period within which summary proceedings may be instituted,
summary proceedings for an offence under this Act may be instituted at any time
within the period of four years after the commission of the offence. | Time for commencing proceedings. |
Provided that no
such proceedings shall be instituted after the expiration of six months after
the commission of the offence, unless they are instituted by, or by the
direction of, the Attorney-General. |
43. (1) Nothing contained in this Act shall render it
necessary for any person employed as an Out Island Commissioner or as an
immigration officer in the Immigration Department or in the Prisons Department
in the control or supervision of prisoners, or in the Customs Department or
serving in Her Majesty's Forces, or in the Imperial Lighthouse Service, or in
any Police Force within The Bahamas, to obtain a licence or certificate in
respect of any firearm or ammunition entrusted to or used by such person in
such capacity. | General exemptions. |
(2)
Nothing in this Act shall apply- |
(a) to any
antique firearm; or |
(b) to any pen,
or any article having the appearance of being a pen, which is designed or
adapted for the discharge of tear gas. |
(3) Nothing in
this Act shall be deemed to prohibit the possession of a firearm or ammunition
after the death or bankruptcy of a person who was the holder of a valid special
licence, firearm certificate, gun licence or dealer's licence relating thereto
by the following persons and for the following periods, that is to say- |
(a) a member of
the immediate family of such deceased person, not being his legal personal
representative, for a period of one month after his death; or |
(b) the legal
personal representative of such deceased person for a period of six months
after his death; or |
(c) the
receiver in bankruptcy of such person for a period of six months after his
appointment as such receiver. |
(4)
Nothing in this Act shall be deemed to relate to the possession of a firearm by
a person, other than a resident of The Bahamas, belonging to or on board any
foreign ship or vessel during the period of three months next following the
arrival of such ship or vessel at her first port of call on any visit to The
Bahamas provided that that person- |
(a) makes at
that port within forty-eight hours after the arrival of the ship or vessel a
declaration in the prescribed form of his possession of the firearm to a proper
officer of customs or a commissioner; and |
(b) does not
use the firearm while in the territorial waters of The Bahamas; and |
(c) does not
bring the firearm on shore. |
44. The Licensing Authority may, from time to time, by
writing under the hand of the Commissioner, exempt any person or the holder of
any office during his tenure thereof from the operation of this Act, and may
cancel or revoke any such exemption without giving any reason therefor, and
while such exemption continues in force none of the provisions of this Act
shall be deemed to apply to any person so exempted. | Special exemption. |
45. Notwithstanding any written law providing for the
remission of a term of imprisonment by reason of good conduct and industry, the
term of incarceration that a person convicted for an offence under the
provisions of section 5, 9(2), 15, 30 or 36 undergoes, shall not be less than
the specific period of imprisonment imposed by the respective sentence of the
court. | Reduction of remission of sentence. |
46. No prosecution for an offence under section
5(1)(a), 30(2)(a) or 36(4)(a) shall be instituted except with the consent of
the Attorney-General. | Consent of Attorney-General required. |
47. The Minister may make rules- | Rules. |
(a) prescribing
the categories of air guns, air rifles or air pistols to be declared as
specially dangerous for the purposes of this Act; |
(b) adding to,
deleting from or altering the provisions of the Third Schedule to this Act; |
(c) prescribing
any matter or thing which by this Act may be or is to be prescribed, including
the amount of any fee; and |
(d) generally
for the better carrying into effect the objects of this Act. |
FIRST SCHEDULE (Section 26) |
PARTICULARS TO BE
ENTERED BY FIREARMS DEALERS IN REGISTER OF TRANSACTIONS |
1. The quantities
and description of firearms and ammunition manufactured and the dates thereof. |
2. The quantities
and description of firearms and ammunition purchased or acquired, with the
names and addresses of the sellers or transferors and the dates of the several
transactions. |
3. The quantities
and description of firearms and ammunition accepted for sale, repair, test,
proof, cleaning, storage, destruction or other purpose, with the names and
addresses of the transferors and the dates of the several transactions. |
4. The quantities
and description of firearms and ammunition sold or transferred with the names
and addresses of the purchasers or transferees and (except in cases where the
purchaser or transferee is a registered dealer) the area in which the firearm
certificates or gun licences were issued, and the dates of the several
transactions. |
5. The quantities
and description of firearms and ammunition in possession for sale or transfer
at the date of the last stocktaking or such other date in each year as may be
specified in the register. |
6. In this
Schedule references to firearms and ammunition shall be construed as references
to firearms and ammunition to which Part III of this Act applies and to guns to
which Part IV of this Act applies. |
SECOND SCHEDULE (Section 34) |
OFFENCES TO WHICH
SUBSECTION (4) OF SECTION 35 APPLIES |
Offences under the
following sections of the Penal Code (Chapter 84)- |
Sections 264, 265,
266, 267, 269-273 (inclusive), 274-276 (inclusive), 282, 323-331 (inclusive),
338-340 (inclusive), 342, 345, 346, 362-365 (inclusive). |
THIRD SCHEDULE (Section 2) |
EXEMPTED WEAPONS
AND ARTICLES |
1. Toy guns. |
2. Imitation or
dummy firearms, incapable of discharging any shot, bullet or other missile. |
3. Spear-guns,
designed for underwater use. |