the jamaican firearms act

8/13/2019 The Jamaican Firearms Act

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FIREARMS

THE FIREARMS ACT

1

ARRANGEMENT OF SECTIONS1. Short title.

PARTI. Interpretation2. Interpretatioa3. Declaration of restricted person

PART . Importation, Exportation and Transhipment4. Restriction on importation. exportation and transhipmentof fire-5. Travellers to make declaration of firearms and ammunition.6. Further provisions relating to d4aration of fireams or ammuni-7. Custody of firearms and ammunition by officer of customs.8. Firearms and ammunition not to be held to be imported into

arms and ammunition.

*-ion by travellers.Jamaica in certain circumstances.

PART II. ?dQnufQcfwe,ale. Purchase and Repair of Firearmsand Ammunition

9. General restrictions upon manufacture and dealing in 6 r c a n n s10. Restrictions upon acquisition or disposal of firearms and emmuni-11. Restriction on delivery of h a r m and ammunition.12. Special restrictions upon holders of Firearm Manufaoturer's or13. General restriction on repair and transfer of firearms and14. Restrictions re gunsniths.15. Special restrictions on shortening firearms and converting imita-

and ammunition.tion.

Firearm Dealer's Licences.ammunition.

tion firearms into firearms.me nclusion of this page i authoriz;d by LN. 48119751
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2 F I R E A R M S16. Notice to be dispIayd by licensees.17. Records and returns.18. Revocation of licences in case of certain offences.19. Penalty for taking in pawn firearms or ammunitionPART V. Possession and use of Firearms and Ammunit ion20. Possession of firearms and ammunition.

21. General restriction upon carrying firearms and ammunition in22. Special restriction on carrying of firearms and ammunition in23. Restrictions relating to the discharge of firearms and ammunition.24. Penalty for possessing firearm or ammunition with intent to25. Penalty for use and possession of firearm or imitation f i re rmin26. Penalty for use of fireanh or ammunition in contravention of

public.

public places.

injure.

certain circumstances.terms o r conditions of licences, etc.

PART . Licences. Certificates and Permits27. Types of licences, certificates and permits.28. Application for licences, certilicates and permits.29. General provisions as to grant and issue of licences, certilicates30. Firearm Users (Employees) Certificate.31. Special provisions relating to Firearm Users (Special) Permit32. Special provisions relating to Firearm Disposal Permit.33. General provisions as to licences, certificates and permits.34. Duration of licence or permit.35. Amendment of licences, cedficates and pennitS.3 . Delivery of firearms to appropriate authority for safe kecpiag.36. Revocation of licences, certilicates and permits.37. Appeals.38. Appropriate authority.

and permits.

[The inclusion of this page is authorizd by L.N. 248119751
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F l R E A R M SPARTVI. Power of Search and to Obtain Information

39. Power of constable to require production of licence, certilicate orpermit.

or permit.40. Further provisions relating .to production of licence, certificate41. Report of loss or theft of firearm or ammunition.4 1 ~ . oss of h a r m through negligence.42. Power to stop and search vehicles.43. Search warrants.

PART Vn. Fh?l&I nnd k f i S C d h e O U S44. Appropriate duty.45. Custody of firearms and ammunition.46.Forfeiture of 6rearms and ammunition.4 6 ~ . allistics certificates admissible in evidence.47. Carrying firearms or ammunition inpants.48. Regulations.49. Service of notices.50. General penalty.51. compulsory imprisonment for certain offences.52. Savings.

3

SCHEDULES

F h e inclusion of this page is authorized by L.N. 248/1975]
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F I R E A R M S

THE FIREARMS ACT[f&hMarch. 1957.1

1. This Act may be cited as the Firearms Act.PART . Interpretation

2 . 4 1 ) In this Act-acquire means hire, accept as a gift or borrow;appointed day means the 16th March, 1967;appropriate authority means, in relation to the grant,amendment or revocation of any licence, certificateor permit, the appropriate authority specified insection 38;ammunition means ammunition for any firearm andincludes restricted ammunition;artillery means any cannon, howitzer, mortar orflamethrower except of a type commonly in usebefore the year one thousand eight hundred andfifw

automatic firearm means any firearm so designedor adapted that if pressure is applied to the triggermissiles continue to be discharged until pressureis removed from the trigger or~themagazine con-taining the missiles is empty;certificate means a certificate under this Act;chief officer of police means-.--a)..in . r c s p t o f . - aparishrwhich. .constiFllt .~.~-s~gle

: . . . police division,:the officer . signattd by the:ofpolice in that parish for the purp e of this

.. . , ;:.~ ~ ~ ~ ~ r . . o f . ~ ~ P ~ ~ i ~ .e l h chief officer. . . .Act; @r

mmdr@Qf :- 25. & l & ~ ~ b f ~ ~ ~ ~ @ / isf l - .

5

ACfS1 of 1967.29of 973,38 of 191%801 1974S. 19.17 of 1974.I ot 1983s.10.12d 985chSbort t i t le.

Intcrpreta-t i O Q .


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6 FIREARMS(bl in respect of each police division of a parishwhich comprises two or more poke divisions,the officer designated by the Commissioner ofPolice to be the chief officer of police in thatpolice division for the purposes of this Act;

firearm means any lethal barrelled weapon fromwhich any shot, bullet or other missile can bedischarged, or any restricted weapon or, unlessthe context otherwise requires, any prohibitedweapon, and includes any component part of anysuch weapon and any accessory to any suchweapon designed or adapted to diminish the noiseor flash caused by firing the weapon, but doesnot include any air rifle, air gun, or air pistol of atype prescribed by the Minister and of a calibreso prescribed;

Firearm Dealers Licence means a licence authoriz-ing the holder thereof to buy or sell or buy andsell at such place as may be specified in the licencefirearms or ammunition of such type as may be sospecified;

Firearm Disposal Permit means a permit authoriz-ing the holder thereof to dispose of t he firearmor ammunition specified therein;Firearm Export Permit means a permit authorizingthe holder thereof during such period as may bespecified therein to export from Jamaica to suchdestination and in such manner such firearms orammunition of such type as may be so specifid,

Firearm Import Permit means a permit authorizingthe holder thereof during such period as may bespecified therein to import into Jamaica from suchsource as may be speci6ed therein.,snch firearmsor amm unition as may be so specified;

[TIE inclusi03 of thi s ,pge is autt~dzed y L.N..87/1 6]


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FIREARMS 1Firearm Manufacturers Licence means a licenceauthorizing the holder thereof to manufacture inJamaica at such place as may be specified in thelicence firearms or ammunition of such type asmay be so specified and to buy and sell in Jamaica

at such place as may be so specified firearms orammunition of such type as may be so specified(whether manufactured by the holder or not);Firearm Transhipment Permit means a permitauthorizing the holder thereof during such periodas may be specified therein to tranship from somevessel so specified to some othe r vessel so specifiedsuch firearms or ammunition of such type as maybe so specified;Firearm Users Licence means a licence authorizinsthe holder thereof, subject to section 22 and tothe terms and conditions specified in the licence,to be in possession of the firearm or ammunitimso specified;Firearm Users (Employees) Certificate means a cer-tificate issued pursuan t to section 30:Firea rm Users (Special) Perm it means a permitauthorizing the holder thereof to be in possession

of the firearm or ammunition specified thereinwithin any area so specified to which section 22applies upon such occasions as may be so speci-fi ed;Gunsmiths Licence means a licence authorizing theholder thereof to carry on the business of repair-ing, testing or proving firearms or ammunition atsuch premises as may be specified in the licence;licence means a licence und er this Act;officer of customs means any officer within the mean-ing of section 2 of the Custom s Act;m iodusioo of this cage i s authorized by LN. 7/198Oj


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8 FI REARM Spermit m eans a permit under this Act;prohibited weapon means-

4) any artillery o r a utom atic firearm; or( b ) any g renade, bom b or other like missile;

restricted ammunition means any ammunition con-taining or designed to contain any noxious liquid,gas or other thing;restricted person m eans any person wh-

4) s a habitual criminal within the meaning ofsection 54 of the Criminal Justice (Administra-tion) Act; or(b ) has at a ny time within five years next before the

event in relation to which the term is used-(i) been declared by a court p ursua nt t o section3 to be a restricted person; or(ii) been convicted of an offence involving vio-lence and sentenced to a term of imprison-ment, whether with or without har d labo ur,exceeding three months;

restricted weapon means any weapon of whateve:description or design which is adapted for the dis-charge of any noxious liquid, gas or other thing;slaughtering instrument means a firearm which isspecially designed o r adapted for the instantaneousslaughter of anim als or for the instantaneous stun-ning of animals with a view to slaughtering them;transfer includes let on hire, give, lend and part withpossession:traveller means any person who arrives in Jamaicaas an officer or member of the crew or passengeror stowaway upon any vessel or aircraft.

[The idusion of this page is authorized by L.N. 57/19801


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FI REARM S 92) For the purposes of this Act any firearm orammunition shall be deemed to be of an obsolete type ifof a type commonly in use before the year one thousandeight hundred and fifty or of such other type as the Com-missioner of Police may certify as being obsolete.

offence under this Act (other than an offence against section pCISOa41) or under any law in force before the appointed dayin respect of the importation, exportation, possession or usein Jamaica of any lirearm or ammunition, may declare thatperson to be a restricted person for the purposes of this Act.

3. A court before which a person is convicted of an zdw

PARTI. Importation, Exportation and Transhipmenf4.- 1) A person shall not import into, export from or Rqtrictiontranship in Jamaica any firearm or ammunition except under t i ~xpor-and in accordance with the terms of a Firearm Import ham hi pPermit, Firearm Export Permit or Firearm Transhipment rgtA{

Permit, as the case may be.(2) Every person who contravenes subsection (1) shall

be guilty of an offence and shall be liable-a) in the c se of an offence relating to a prohibited

(i) on summary conviction before a ResidentMagistrate to imprisonment with or withouthard labour for a term not exceeding twoyears;imprisonment for life with or without hardlabour;

( b ) in the case of an offence relating to a restricted(0 on summary conviction before a ResidentMagistrate to a h e not exceeding one thou-

on Importa-lation and

and ammu-nition.

weapon-

ii) on conviction before a Circuit Court to 3 8 / mS. 2 a).

weapon or to restricted ammunition-

IThe inclusion of this page is authorized by L.N. 480/19731


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ia FIREARMS

3811973S. 2 (b).

3811973s. 2 c).

sand dollars or to imprisonment with orwithout hard labour for a term not exceed-ing two years; or(ii) on conviction before a Circuit Court to

imprisonment for life with or without hardlabour;(i) on summary conviction before a ResidzntMagistrate to a fine not exceeding four hun-dred dollars or to imprisonment with orwithout hard labour for a term not exceed-ing twelve months; orii) on conviction before a Circuit Court to

imprisonment for life with or without hardlabour.

c) in any other case-

Travellcrsto 5.- 1) Every traveller who disembarks in Jamaica shall,on being required so to do by any officer of customs, makeammunition. a declaration in the prescribed form stating whether hehas any, and, if so, what firearms or ammunition in hispossession or under his control.

(2) Every traveller who-

make d d a -of

U ) contravenes subsection 1); orb) in any declaration required by subsection 1) makesa statement which he knows to be false or doesnot believe to be true,shall be guilty of an offence and on summary convictionbefore a Resident Magistrate shall be liable to a fine notexceeding four hundred dollars or to imprisonment with orwithout hard labour for a term not exceeding twelve months.6.-(1) Every traveller who declares under section 5 thathe has any firearm or ammunition in his possession, unlesshe is the holder of a Firearm Import Permit, shall either-

U ) cause such Erearm or ammunition to be retained

R d e r pro

of firearms1 ammuni-

visions relat-ing to

t ion bytravellm. [The inclusion of this page is authorizsd by L.N. 480119131


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FIREARMS 11upon the vessel or aircraft upon which he arrivedinto Jamaica until after such vessel or aircraftdeparts from Jamaica; or

( b ) deliver such firearm or ammunition to an officerof customs in a sealed packet. to be dealt within accordance with section 7.2) Every person who contravenes subsection 1) shall

7. Every firearm or ammunition received by any officerbe guilty of a n offence.of customs pursuant to section 6 shall be retained in the f i ~ ~sealed packet in which it is received until either-

(a) the traveller from whom it was received producesto an officer of customs a Firearm Import Permitin respect of such firearm or ammunition and alicence or certificate authorizing him to be in pos-session of such firearm or ammunition and paysthe appropriate customs duty and tax on suchfirearm or ammunition, in which event it shall bedelivered to the traveller; or6) such traveller gives reasonable notice in writing tothe Commissioner of Customs and Excise or some 3 1 %other officer of customs specifying some port at

which he intends to emb ark for some place outsideJama ica and the date, time and vessel upon whichh e intends so to embark, in which event the sealedpacket containing such firearm or ammunitionshall be delivered to the traveller immediately be-fore he so embarks; orand Excise tha t he is lawfully entitled to the posses-sion of such firearm or ammudition and either-

(i produces a Firearm Import Permit in respectof such firearm or ammunition and a licenceor certificate authorizing him to be in pos-

by ofilccrof customs

c) some person satisfies the Comm issioner of Customs a

[The i n d ~ 9 ~f p ~ p c i r b;.LN. aiii98ai


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12 FI REARM Ssession of such firearm or ammunition, andpays the appropriate customs duty and taxon such firearm or ammunition, in whichevent it shall be delivered to such person; or

ii) gives to the Commissioner of Customs andExcise a notice of the na ture referred to inparagraph (b ) , n which event such firearmor ammunition shall be delivered to such.person as if he had been the traveller fromwhom such firearm or amm unition- was re-ceived; ord) the Commissioner of Customs and Excise is au-thorized to dispose of.such firearm or ammunitionin such circumstances an d afte r such period as may

be prescribed.8. For the purposes of this Part, a person shall not beheld to 'imp ort any firearm or ammunition into Jamaicamerely by reason of such firearm or ammunition being inhis possession or under his control on some vessel withinthe territorial waters of.Jamaica or on some aircraft 'flykgover Jamaica or i t s . territorial waters or ?t someaerodromein Jamaica;-unless he caases:or;.attempts to.c a F . o r permits

such firearm orarnm tni t ion , to b e ~.pd@ rom such vesselor aircraft in- Jamaica otherwise t ha n for^. the ..purpose ofbeing -delivered o .an officer:of.c.ustomsn _ a e r d a n c ewithsection .4-. :. . . . . . . . .- PART I ~ ~ ~ - ~ M a n u f a c ~ r ~ ; ~ , S a l e . .PUr se'.nd -Repair

. . . . . . . . .. . . . .. . . . . . . . . . . . . . .of Firearms anZ 'AmmiiniZiofl-_ . -

12/1985sch

1211985sdl.

Fircamsand a m n wnition not10 be heldto be impor-ted intoJamaica incertain cir-cumzunc:9.

Generalrestrictionsu p m manii-fnctureanddealing infirearmsand ammu-nitioo

. . . . . . . . . . . . . .. - . . . . . . . . . . . . . . . . . ._9.-(.l). A,, &rsqn.,,9hdl.-mt- -- anufacture. . . . . . . . - . . 6r-., ea1... 'in-U) h a r m s . . o r : a m m u n i h : : e x ~ t .undey and in

. accordance w ith the terms,of. a Firearm Manufac-turer". . Licence or. a...Fkearm. . De.aler's Licence; or(6) any:prol&it&veappn. . .


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14 FI REARM SRertrlctiomacqumitlan transfer any prohibited weapon.and

lO . - ( l ) A person shall not purchase, acquire, sell oruponor disposalof firearmsammunltma 2) A person shall not purchase or acquire any firearm or ammunition from or sell or transfer any firearm

or ammunition to any other person whom he knows or hasreasonable cause to believe to be under the age of seventzenyears, except where such other person is the holder of acertificate issued under paragraph ( I of subsection 2) ofsection 20.( 3 ) A person shall not purchase or acquire any fire-ar m or amm unition unless-

a) subject to subsection (9), e is the holder of a Fire-arm Manufacturers Licence or a Firearm DealersLicence or a Firearm Users Licence in relation toa firearm o r ammunition of the type so purchasedor acquired by him; and( b ) subject to subsections (8) nd 9), he person fromwhom he purchases or acquires such firearm orammunition is the holder of a Firearm Manufac-turers Licence, or a Firearm Dealers Licence, ora Firearm Disposal Permit in respect of the firearmor ammunition so purchased or acquired from suchperson.

4) A person shall not sell or transfer any firearm or4) subject to subsections 8) and 9), he is the holderof a Firearm Manufacturers Licence, or a Fir+arm Dealers Licence, or a Firearm Disposal Per-mit in respect of the firearm or ammunition sosold or transferred by himand

( b ) subject to subsection (9), he person to whom hesells or transfers such firearm or ammunition isthe holder of a Firearm Users Licence or a Fire-

ainmunition unless-

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FlREARMS 15arm Dealers Licence or a Firearm ManufacturersLicence in respect of a firearm or ammunition ofthe type so sold or transferred to such person.

5 ) A person other than the holder of a FirearmManufacturers Licence or a Firearm Dealers Licence shallnot accept the delivery of any firearm or ammunition pur-suant to any purchase or acquisition of such firearm orammunition except in accordance with section 11.

(6 ) A person shall not, pursuant to any purchase oracquisition of any firearm or ammunition, deliver such fire-arm or ammunition to any person other than the holderof a Firearm Manufacturers Licence or of a FirearmDealers Licence except in accordance with section 11.

(7)Every person who contravenes this section shallbe guilty of an offence,and shall be liable-(a) in the case of the purchase, acquisition, sale ortransfer of a prohibited weapon-

(i) on summary conviction before a ResidentMagistrate to imprisonment with or withouthard labour for a term not exceeding five 29/1973s. 2 1).years; or(ii) on conviction before a Circuit Court to 38/1973imprisonment for life with or without hard labour;

(b) in the case of the purchase, acquisition, sale ortransfer of a restricted weapon or of restrictedammunition by any person or of the purchase,acquisition, sale or transfer of a firearm orammunition other than a prohibited or restrictedweapon or restricted ammunition by a restrictedperson-(i) on summary conviction before a Resident 29/1973s. 2 (1).Magistrate, to a fine not exceeding two

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18 F l R E A R M S( b ) in any other case-

(i) on summary conviction before a ResidentMagistrate to a fine not exceeding four hun-dred dollars or to imprisonment with orwithout hard labour for a term not exceed-ing twelve months; or(ii) on conviction before a Circuit Court to afine or to imprisonment with or withouthard labour for a term not exceeding fiveyears.

General 13.-(1) A person shall not undertake the repair, test oron repair proof of a firearm or ammunition for any other personandtransferf firearms except under and in accordance with the terms of a Gun-and smiths Licence.

2 ) A person shall not sell or transfer a firearm orammunition to, or repair, test or prove a firearm or ammuni-tion for, any person whom he knows, or has reasonablecause to believe, to be a restricted person, or to be drunkor of unsound mind or, at the time, otherwise unfitted tobe entrusted with such a firearm or ammunition.

(3) Every person who contravenes this section shallbe guilty of an offence.

restriction

ammunition.

R-irinions 14.- 1) A holder of a Gunsmiths Licence shall notsmiths. accept delivery of any firearm or ammunition for the pur-pose of effecting any alteration or repair thereto-

U ) elsewhere than at the premises in respect of whichhe is licensed as a gunsmith; andb ) from any person unless that person produces orcauses to be produced a Firearm Manufacturers

Licence, a Firearm Dealers Licence, or a FirearmUsers Licence, or a certificate issued under para-graph 01 of subsection 2 ) of section 20 authorizing

re gun-

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FIREARMS 19him to manufacture, buy, sell or be in possessionof, as the case may be, such firearm o r amm unition.

(2) A holder of a Gunsmith's Licence shall forthwithrecord in the records kept by him pursuant to section 17particulars of any licence or certificate produced to himpursuant to paragraph ( b )of subsection ( l ) , and shall in duecourse return such licence or certificate to the person whoproduced it.

(3) Every holder of a Gunsmiths Licence who con-travenes subsection (1) or (2) shall be guilty of an offenceand on summary conviction before a Resident Magistrateshall be liable to a fine not exceeding two hundred dollarsor to imprisonment with or without hard labour for a termnot exceeding twelve months.

1 5 . 4 1 ) Subject to subsection 3, person other than speciala ) shorten a barrel of any smooth bore gun to a length andb ) convert into a firearm anything which is not a 6re- z;;msc) convert into a prohibited weapon anything which

is not a prohibited weapon; or(d) convert into a restricted weapon anything whichis not a restricted weapon.2) A holder of a Gunsmith's Licence shall not do

any of the things referred to in subsection ( I ) except withthe prior written approval of the Commissioner of Police.( 3 ) Every person who contravenes subsection (1) or(2) shall be guilty of a n offence, and in the case of a contra-vention of paragraph ( c ) of subsection (1) shall be l i a b l e

a) on summary conviction before a Resident Magis-trate to imprisonment with or without hard labourfor a term not exceeding two years;

restrictionson shorten-ing firearmsvertingimitation

arm; or firearms.

the holder of a Gunsmith's Licence shall not-of less than twenty inches; or

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20 F I R E A R M Sb ) on conviction before a Circuit Court to imprison-ment for life with or without hard labour.(4)For the purposes of this section the length ofthe barrel of a firearm shall be measured from the muzzle

to the point at which the charge is exploded on firing.5 ) This section shall not apply to the holder of aFirearm Manufacturers Licence operating in accordancewith the terms of that licence.

/I973S 6.

Naticc to 16.-- 1) Every holder of a Firearm Manufacturersplayed by Licence or a Firearm Dealers Licence or a GunsmiWsLicence shall cause to be f i e d and keep affixed over one

of the principal entrances of the place in which or premisesupon which he carries on business as a firearm m anufacturero r a firearm dealer or a gunsmith, as the case may be, aboard on which shall be printed in legible letters at leasttwo inches in height the name in full of such licensee and thewords Licensed as a firearm manufacturer or Licensedas a firearm dealer or Licensed as a gunsmith, as thecase may be.

(2) Every person who contravenes subsection 1)shall be guilty of an offence and on summary convictionbefore a Resident Magistrate shall be liable to a fine notexceeding one hundred dollars or to imprisonment with orwithout hard labour for a term not exceeding three months.

17.- 1) Every licensed dealer (as defined in this section)shall provide and keep a register of transactions and shallenter or cause to b e entered therein such particulars as maybe prescribed of all transactions relating to his business asa licensed dealer.(2) Every such entry shall be made within twenty-

four hours after the transaction to which it relates tookplace, and, in the case of a sale or transfer, every suchlicensed dealer shall at the time of the transaction require

be dia-licems*l.

Records=turns.and

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F l R E A R M S 21the purchaser o r transferee, if not know n to him, to furnishparticulars sufficient fo r identification, and shall immediatelyenter the said particulars in the register.

(3) Every such licensed dealer shall on demand allowany constable duly authorized in writing in that behalf bythe chief officer of police, o r any mem ber of the Con stabu -lary Force of or above the rank of Inspector to enter andinspect all stock in hand and shall on request by-

a) any constable duly authorized in writing in thatbehalf by the chief officer of police; or( b ) a n officer of customs; orc ) any member of the Constabulary Force as afore-said,

produce for inspection the register required to be kept undersubsection ( 1 ) :Provided that any written authority required by this sub-

section shall be produced on demand.4) Every person who is required to keep a registerof transactions under subsection (1) shall make such re-turns to such authority in such form, in respect of suchperiods, at such time and containing such particulars as

may be prescribed.(5) Every person who contravenes this section orknowingly makes any false entry in the register requiredto be kept under subsection (1) shall be guilty of an offence.(6 ) In this section licensed dealer means theholder of a Firearm Manufacturers Licence, a FirearmDealers Licence or a Gunsmiths Licence.

18.41) Where a licensed dealer (as defined in this sec- Revocationtion) is convicted of an offence under this Act or of an in c&sz ofoffence against the Customs Act in relation to the impo rt or % &,export of firearms or ammunition, the court shall cause theof licences

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22 F l R E A R M Sconviction to be certified to the appropriate authority whomay, giving notice in accordance with subsection (2) of sec-tion 36 and subject to section 37, revoke the licence of thelicensed dealer.

(2) In this section licensed dealer means theholder of a Firearm Dealers Licence or a GunsmithsLicence.PCnaltYforaking inp a wfirearmsor

19.-(1) A pawnbroker shall not take in pawn from anyperson any firearm or ammunition.(2) Any pawnbroker who contravenes subsection 1)shall be guilty of an offence and if such offence relates toa prohibited weapon shall be liable-

@) on summary conviction before a Resident Magis-trate to imprisonment with or without hard labourfor a term not exceeding two years;b ) on conviction before a Circuit Court to imprison-ment with or without hard labour for a term notexceeding ten years.

ammunition.

PARTV, Possession arid use ofFiremms and Ammunitionpossessionand ammu- 2 0 . 4 1 ) A person shall not-of firearmsnition. a) save as authorized by a licence which continuesin force by virtue of any enactment, be in posses-sion of a prohibited weapon; or

b) subject to subsection 2), be in possession of anyother firearm or ammunition except under and inaccordance with the terms and conditions of aFirearm Users Licence.(2) Subsection (l),except in so far as it relates to a

U) to any holder of a Firearm Manufacturers Licenceor a Firearm Dealers Licence in respect of anyprohibited weapon, shall not apply-

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FIREARMS 23firearm or ammunition manufactured by him orforming part of his stock in trade as a firearmmanufacturer or a firearm dealer; or

b ) to the executor or administrator of any deceasedperson or to the Trustee in Bankruptcy or liquid-ator of any insolvent person, or of any companyin liquidation, who before his decease, or becominginsolvent or going into liquidation, as the case maybe, was the holder of a Firearm ManufacturersLicence or a Firearm Dealers Licence, in respectof any firearm or ammunition forming part of thestock in trade of such person during the adminis-tration by such executor, administrator, Trustee inBankruptcy or liquidator of the airs of suchperson; or

c) to the holder of any Gunsmiths Licence, in respectof any firearm or ammunition in his possessionfor the purpose of repairing, testing or provingsuch firearm or ammunition; or(4 o any person who came into possession of anyfirearm or ammunition in the capacity of executor

or administrator of the estate of any deceased person, or Trustee.n Bankruptcy or liquidator of anyinsolvent person or of any company in liquidation,during the period of thirty days after the day uponwhich he came into possession of such firearm orammunition; ore) to any person who came into possession of anyfirearm or ammunition in the capacity of auc-tioneer, bailiff or assistant bailii of a court, or

landlord bailiff, during the period of thirty daysafter the day upon which he came into possessionof such firearm or ammunition; orI T he inclusion of this page is authorized by L.N. 80/1973]


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24 F IR E A R MSCn to any servant or agent of any of the personsreferred to in paragraphs U) to ( e ) (both inclusive)in respect of any firearm or ammunition entrustedto him fo r delivery to the owner or to some personwho is about to become the owner thereof in

accordance with this Act; org) to any officer of customs or to any constable inrespect of his possession of any firearm or ammuni-tion which comes into his possession pursuant t othis Act during such period as such firearm orammunition is retained by him pursuant to thisAct; or(h) to any person in respect of the possession by himof any firearm or ammunition entrusted to himby any constable for transportation pursuant tosection 11, from any place to any other placeduring such period, not being longer than is reason-ably necessary for the transportation of such fire-arm or ammunition, as such firearm or amm unitionis contained in a sealed packer or(11 to any person in respect of the possession by himof any firearm or ammunition delivered to him

for storage in accordance with subsection 2 ) ofsection 45, during the period of the absence fromJamaica of the owner of such firearm or ammuni-tion and two weeks thereafter, or the period oftwelve months from the date of the departure ofsuch owner from Jam aica, whichever is the shorter;or61 to any person to whom this paragraph relates inrespect of the possession by him of any firearm or

ammunition under and in accordance with theterms of a certificate issued to him in respect there-of by the appropriate authority.m e nclusion of this page is authorized by L.N. 480/1973]


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FIREARMS 25(3) The persons to whom paragraph 61 of subsec-

(4 ny person taking part in a theatrical performanceor any rehearsal thereof, or in the production of acinematograph or television film;b ) any person present at an athletic meeting for thepurpose of starting races at that meeting;c) any person conducting or carrying on a miniaturerifle range (whether for a rifle club or otherwise)or shooting gallery, in respect of miniature riflesnot exceeding 0.23 calibre and ammunition there-for used at such rifle range or shooting gallery;(d) any other person prescribed under section 48

(4)Every person who contravenes this section shallU) if the offence relates to the possession of a prohibited weapon-

(i) on summary conviction before a ResidentMagistrate to imprisonment with or with-out hard labour for a term not exceedingi ) on conviction before a Circuit Court to

tion 2 ) relates are-

be guilty of an offence, and shall be liable-

five years; WI1973a (1).3Sl1973imprisonment for life with or without hard s.,(n).labour;

(b ) if such person is a restricted person or if the offencerelates to the possession of a restricted weapon orrestricted ammunition-(i) on summary conviction before a ResidentMagistrate to a fine not exceeding two thou- 29,19,3sand dollars or to imprisonment with or s.2(1).without hard labour for a term not exceed-ing five years; or

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263 S i l7 7 3S. (b).

29/1973s. 2 11.

38:1973s. 7 (Cl.8 f 1974S . 19Ca).1/1983s. 10.

FIREARMS(ii) on conviction before a Circuit Court toimprisonment for life with or without hardlabour; and

c) in any other case-41 on summary conviction before a ResidentMagistrate to a fine not exceeding onethousand dollars or to imprisonment with orwithout hard labour for a term not ex&-ing three years; or(ii) on conviction before a Circuit Court toimprisonment for life with or without hardlabour.

5) In any prosecution for an offence under this(a) any person who is in the company of someonewhouses or attempts to use a fire rmto commit-

section-

(i) any felony; or(ii) any offence involving either an assault orthe resisting of lawful apprehension of any

person,shall, if the circumstances give rise to a reasonable presumption that he was present to aid or abet the commissionof thefelony or offence aforesaid, be treated, in the absence ofreasonable excuse, as being also in possession of the fire-arm;(b ) any person who is proved to have in his possessionor under his control any vehicle or other thing inor on which is found any firearm shall, in theabsence of a reasonable explanation, be deemedto have in his possession such firearm;

c) any person who is proved to have used orattempted to use or to have been in possession ofa firearm, or an imitation firearm, as defined insection 25 of this Act in any of the circumstanceswhich constitute an offence under that section shall

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28 F I R E A R M S4) Every person who contravenes this section shall

a ) on summary conviction before a Resident Magis-trate to a fine not exceeding one thousand dollarsor to imprisonment with or without hard labourfor a term not exceeding two years;Ib) on conviction before a Circuit Court to a fine orto imprisonment with or without hard labour fora term not exceeding seven years.

(5) Where any person is arrested for, or legal pro-ceedings are instituted against, any person in respect ofany contravention of this section, any firearm or ammuni-tion found upon such person at the time of the arrest or atthe time of the alleged contravention of this section shallbe retained by the police until such time as any legal pro-ceedings against such person in respect of such contraven-tion are finally disposed of.

be guilty of an offence and shall be liable-

Restrictions 23.-(1) A person shall not discharge any firearm orthe ammunition on or within forty yards of any public roadof irealms or in any public place except-nition. a) in the lawful protection of his person or propertyor of the person or property of some other per-

son; or( b ) in the lawful shooting of a trespassing animal; orc ) under the direction of some civil or militaryauthority authorized to give such direction; rd) with the permission of the Minister.

(2) Where any contravention of subsection (I)occurs, any Justice of the Peace or constable may withoutwarrant enter any premises on which he has reasonablecause to believe such contravention was committed andseize any firearms and ammunition there found which hehas reasonable cause to believe were used in such contra-

relating todischargeand ammu-

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F I R E A R M Svention or a re about to be used in the com mission of a con-travention of subsection (1) and may retain such firearmor ammunition for so long as may be necessary for thepurpose of any investigation in relation thereto, and wheresuch investigation results in legal proceedings against anyperson for any such offence until such legal proceedingsare finally disposed of.

(3) Every person who contravenes subsection ( I )shall be guilty of m offence.(4) Where any person is charged with a contravention of subsection (l), the burden of proving that the dis-charge of the firearm or ammunition in respect of whichthe contravention is alleged to have occurred was a lawfuldischarge shall lie upon the person asserting the same.

29

24. Every person who has in his possession any firearm penaltyor ammunition with intent by means thereof to endanger forlife or cause serious injury to property, or to enable any or .ammu-possess-mg firearmNtlOn W i t hother person to endanger life or cause serious injury to pro- intent toperty shall, whether any injury to person or property hasbeen caused or not, be guilty of felony and shall be liableon conviction on indictment-Inlure.

a) before a Resident Magistrate to a fine not exceed- 291 1973S .Z ( I ) .ing one thousand dollars or to imprisonment withor without hard labour for a term not exceedingfive years; or

( b ) before a Circuit Court to imprisonment for lifewith or without hard labour.25.- 1) Every person who makes or attempts to make Penaltyany use whatever of a firearm or imitation firearm with and posses-

intent to commit or to aid the commission of a felony or firearmto resist or prevent the lawful apprehension or detention Kitationof himself or some other person, shall be guilty of an firearmoffence against this subsection. C I W 2 U I n -

for usesion of

in certainstances.

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30 FIREARMS

Fi rs tSchedule.

291.1773s . 2 11.

3811973s.9.

( 2 ) Every person who, at the time of committingor at the time of his apprehension for, any offence specifiedin the First Schedule, has in his possession any firearm orimitation firearm, shall, unless he shows that he had it in hispossession fo r a lawful object, be guilty of a n offence againstthis subsection and, in addition to any penalty to which hemay be sentenced for the first mentioned offence, shall beliable to b e punished accordingly.

(3) Any person guilty of an offence against sub-section (1) or ( 2 ) shall be liable on conviction on indict-ment-U ) before a Resident Magistrate to a fine not exceed-ing one thousand dollars or to imprisonment with

or without hard labour for a term not exceedingfive years; orb) before a Circuit Court to imprisonment for liewith or without hard labour,

and w here any person com mits an offence against subsection(1) in respect of the commission of a felony or the lawfulapprehension or detention of himself for any other offencecommitted by him, he shall be liable to the penalty pro-vided by this sulsection in addition to any penalty to whichhe may be sentmced for that felony or other offence.41 On thz trial of any person for an offence againstsubsection (1) the Resident Magistrate or jury, not beingsatisfied that that person is guilty of that offence, but beingsatisfied tha t he is guilty of an offence against subsection 3,may find him guilty of the offence against subsection 2) andthereupon he shall be liable to be punished accordingly.5 ) In this section-firearm means any lethal barrelled weapon of anydescription from which any shot, bullet or othermissile can be discharged and includes any pro-hibited weapon and any restricted weapon, whe-ther such a lethal weapon or not;

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F IR E A R MS 3imitation firearm means anything which has theappearance of being a firearm within the meaningof this section whether it is cap able of dischargingany shot, bullet or missile or not.

26. Every person who, being the holder of a licence, cer- Penaltytificate or perm it, contravenes any of the terms o r conditions fireamthereof, shall be guilty of an offence and on summary con- ; ~ t iviction before a Resident Magistrate shall be liable to a ~~:;a-fine not exceeding two hundred dollars or to imprisonment terms orwith or without ha rd lab our for a term not exceeding twelve of icencs,months.PART . Licences. Certificates and Permits

27. Subject to section 22 and to this Part, the appropriate TYPCSofauthority may grant the following licences, certificates or certif,ca

f o r use

conditionsetc.

licences.andpermits- permits.

a) a Firearm Import Permit; orb ) a Firearm Export Permit; orc) a Firearm Transhipment Permit; or(4 a Firearm Manufacturers Licence; or( e ) a Firea rm Dealers Licence; ora Gunsmiths Licence; or(g) a Firearm Disposal Permit; orh ) a Firea rm Users Licence; or(11 a F irearm Users (Special) Permit; o ri, a certificate under paragraph 13 of subsection (2)of section 20; or(k) a Firearm Users (Employees) Certificate.

28. Every application for any licence, certificate or permit App i=tionfor Iiccnccs.andshall- Fcrtificatcsa) be addressed to the appropriate authority; and(6) be in the prescribed form; and

( c ) contain the prescribed particulars; and4 be accompanied by the prescribed number (if any)of photographs of the prescribed dimensions of the[The inclusion of this page k authorized by L.N. 48/19751


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FIREARMS 33has reason to believe to be of intemperate habits or unsoundmind, or to be for any reason unfitted to be entrusted withsuch a firearm or ammunition :Users (Special) Permit or Firearm Users Employees)Certificate shall be granted until the applicant therefor has-(a) satisfied the appropriate authority of his proficiency

in the use and management of the type of firearmin respect of which his application is made;

b) satisfied the appropriate authority that he hasmade adequate provision for keeping the firearmin respect of which his application is made in asecure place when it is not being carried or usedin accordance with the Licence, Permit or Certi-ficate; and(4 f the application is in respect of a firearm alreadyin the possession of the applicant, produced thefirearm in respect of which his application is madefor inspection by the appropriate authority.

(5) Subsection (1) shall not apply to the grant ofany Firearm Disposal Permit.

6) A licence or certificate shall not be issued toany person until the appropriate authority is satisfied thatthe appropriate duty has been paid.

(7) Where the application for a licence or certifi-cate is refused, the applicant may on the presentation ofa certificate to that effect from the appropriate authority,obtain from the Collector of Taxes a refund of the dutypaid in respect of that application.

30. Subject to the provisions of this Act, the appropriate F i r mauthority, on the application of any person who is acting ( ~ , , , p l , , ~ ~with the written consent of the holder of a Firearm Users ccrtificatc.Licence in respect of a particular firearm specified in suchapplication, may grant to such person a Firearm Users

Provided further that no Firearm Users Licence, Firearm :74

U d

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34 F l R E ARMS

Specj?proyLsionsrelating toFirearmusers(special)P e n t .

Specprovisionsrelating toFirearmDisposalPermit.

Genera lprovrsionsas toLicences,certificatesandpermits.

(Employees) Certificate which shall autho rize such personto keep, carry a nd use in connection with the business of theholder of such Firearm Users Licence the particular firearmspecified in such certificate and such ammunition thereforas may be so specified.31.41) Subject to the provisions of this Act, the appro-priate authority on the application of any person who isthe holder of a Firearm Users Licence may gran t to suchperson a F irearm Users (Special) Perm it authorizing suchperson during the continuance in force of any order undersection 22 to carry the firearm and ammunition in respectof which he is the holder of a Firea rm Users Licence in anypublic place within the area, parish, district, town or villageto which such order applies upon the occasions and subjectto the conditions specified in such permit.

(2) Every permit under subsection (1) shall specifythe area, parish, district, town or village to w hich it relates.32.-(1) The appropriate authority, on the application ofany person who he is satisfied is the owner or is acting withthe authority of the owner of any firearm or ammunition,shall grant to such applicant a Firearm Disposal Permitauthorizing the holder thereof within thirty day s of the grant

of such permit to transfer o r to sell, subject to this Act andto such terms and conditions as may be specified in thepermit, the firearm o r amm unition specified in such permit.(2) Any person who transfers or sells any firearmor ammunition in contravention of any term or conditionimposed in a permit under subsection (1) shall be guiltyof an offence.

33.-(1) Every licence, certificate or permit shall be inthe prescribed form an d shall contain th e prescribed pa rticu-lars a nd shall specify the conditions (if any ) subject to whichit is held, and if so prescribed, shall bear upon it a photo-

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F I R E A R M S 35graph of the prescribed dimensions of the person to whomit is granted a nd a specimen of the signature of such person.

(2) Subject to subsection (l), every licence, certifi-cate or permit shall be subject to the prescribed conditionsand to such other terms and conditions as the appropriateauthority may impose.(3) Every licence, certificate o r permit-( a ) in respect of the grant of which the Minister isthe appropriate authority; or

b) in respect of the grant of which the prior ap provalof the Minister is required by this Act,shall be subject to such conditions as the Minister in hisabsolute discretion may specify or direct to be specifiedtherein.34.-(1) Subjec t to sections 18, 36 and 46 and to th e pay- Durationment in each financial year of the appropriate duty pre- Orwmit,scribed by section 44, every licence shall continue in forcefor five years from the day on which it is granted.

(2) Subject to sections 36 and 46, every permit,except a F irearm Users (Special) Permit, shall continue inforce until the act authorized to be done by such permithas been done or the expiration of the period specified insuch permit, whichever shall first happen.(3) Subject to sections 36 and 46, every FirearmUsers (Special) Perm it shall continue in force until therevocation or expiration of the order applying section 22to the area, parish, district, town or village to which suchpermit relates.

o t licence

35.-(1) Subjec t to section 37 the appropriate authority Amendmentmay at any time by notice in writing to the holder of alicence, certificate or permit vary the conditions subject to a ib,which such licence, certificate or permit is held except suchof them as may be prescribed.

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FIREARMS(3) The appropriate authority may, if satisfied thatthe circumstances so warrant, exempt in writing, any appli-

cant from the requirement to deliver a firearm to suchappropriate authority pursuant to a notification under sub-section (l),so, however, that the exemption may be grantedon such terms and subject to such conditions as theappropriate authority may specify therein.

4) The appropriate authority may from time totime grant to the holder of a licence, certificate or permitin respect of any firearm or ammunition which he hasdelivered to that appropriate authority pursuant to anyrequirement under this section, a certificate authorising himto recover the said firearm or ammunition, as the case maybe, from the appropriate authority aforesaid, for such pur-pose, for such period and subject to such conditions asmay be specified in that certificate.

5) Any person who without lawful excuse (theproof whereof shall lie on such person) fails to comply withthe requirements of a notification pursuant to subsection (l),shall be guilty of an offence and shall be liable on summaryconviction thereof before a Resident Magistrate, to a finenot exceeding five thousand dollars or to imprisonment withor without hard labour for a term not exceeding five yearsand the court in which he is convicted shall cause such con-viction to be certified to the appropriate authority whomay revoke the licence in respect of the firearm concerned.

(6) Subject to the provisions of subsections (3) and4) of this section and of subsection ( 1 ~ )f section 37, whereafter the expiry of ninety days from the date of publicationof any notification pursuant to subsection (1) any firearmor ammunition to which the notification relates has notbeen delivered to the appropriate authority in accordancewith that notification, any licence, certificate or permit inrelation to that firearm or ammunition as the case may be,shall forthwith be deemed to be revoked.

p e nclusion of khis page is authorized by L.N. 248/1975]

37


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38 F l R E A R M SRevocationof licences,certficatesand permits.

36.41) Subject to section 37, the appropriate authority(a) he is satisfied that the holder thereof is of intem-perate habits or of unsound mind, or is otherwiseunfitted to be entrusted with such a firearm or

ammunition as may be mentioned in the licence,certificate or permit; o r6 ) the holder thereof fails to comply with a noticeunder section 35.

(2) Where the appropriate authority revokes anylicence, certificate or permit under this section or undersection 18 or 46, he shall give notice in writing to theholder thereof-a) specifying that he has revoked such licence, certi-

ficate or permit;b) requiring such person to deliver up such licence.certificate or permit to him on or before the day(not being less than three days after delivery ofsuch notice) specified in such notice.(3) Every person who fails without lawful excuse(the proof whereof shall lie on such person) to complywith a notice under subsection (2) requiring him to deliverup a licence, certificate or permit to the appropriate author-

ity shall be guilty of an offence and shall be liable onsummary conviction before a Resident Magistrate to a finenot exceeding two hundred dollars or t o imprisonment withor without hard labour for a term not exceeding twelvemonths.

inay revoke any licence, certificate or permit if-

Appeals. 37.-( 1) Subject to this section, any aggrieved party maywithin the prescribed time and in the prescribed mannerappeal to the M inister against any decision of an appro priateauthority-(a) refusing to grant any app lication for a licence, cer-tificate or permit; or

Khe inclusion of this page is authorizsd by L.N. 248119751


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FZREARMS 39(b ) amending or refusing to amend any licence, certificate or permit; or( c ) revoking or refusing to revoke any licence, certifi.a t e or permit; or4 efusing to grant any exemption pursuant to sub- 1711974

section (3) of section 35A or any certificate pur-suant to subsection (4) f section 35~.S.4 (b).

(1A) Where any aggrieved party appeals to the 1711974s 4 c )Minister pursuant to paragraph (d) of subsection (l), theErearm or ammunition in relation to which the appeal ismade may be retained by the holder of a licence, certificateor permit in respect thereof until such time as that appealhas been determined.2) Upon the determination of any appeal under

this section the Minister shall give to the appropriateauthority against whose decision such appeal is taken suchdirections as the Minister may think fit.means the applicant for or the holder of any licence,certifi-cate, exemption or permit in respect of the refusal to grantor the amendment or the revocation of which any appealis taken and the owner of the firearm or ammunition towhich such application, licence, certificate or permit relates.

(4)The provisions of this section shall not applyto any application for a licence, certificate or permitapproval for the grant of which has been refused by theMinister or to any licence, certificate or permit the appro-priate authority for the grant of which is the Mister.ment or revocation of any Firearm Manufacturers Licenceshall be the Minister.

(2) The appropriate authority for the grant, amend-ment or revocation of any Firearm Dealers Licence, or anyGunsmiths Licence shall be the Commissionerof Police.

(3) In this section the expression aggrieved party i:izP

38.-(1) The appropriate authority for the grant, amend- i\pprupnrtcaulhonly

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42 FIREARMS22 applies to produce his Firearm Users (Special)Permit in relation to such firearm or ammunition.

(2) If any person so required fails, unless he isexempted as aforesaid, to produce the licence, certificateor permit, as the case may be, or to permit the constableto read the licence, certificate or permit or to examine thefirearm or ammunition for the purpose of verifying theparticulars in the licence, certificate or permit-

a) hat person shall be guilty of an offence; and( b ) the constable may seize and retain thefirearm orammunition until such time as legal proceedingsagainst that person in respect of that offence arefinally disposed of and may require that person todeclare to him immediately his name and address.

(3) If any person denies that he is carrying any fire-arm or ammunition about his person the constable maysearch that person and seize and retain any firearm orammunition carried by that person until such time as legalproceedings against that person in respect of that offenceare finally disposed of and may require that person todeclare to him immediately his name and address.4) If any person so required refuses to declare his

name and address, or fails to give his true name and address,he shall be guilty of an offence and the constable may arrestwithout warrant any person who refuses so to declare hisname and address or whom the constable suspects of givinga false name or address or of intending to abscond.~cport f 41.41) The holder of a licence, certificate or permit inthctt of respect of any firearm or ammunition and any other personfireannormmwtion. lawfully in possession of any firearm or ammunition by

virtue of subsection (2) of section 20 shall, within forty-eighthours after he discovers the loss or theft of such firearm orammunition, report the loss or theft at a police station.

10s ob

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FIRE RMS

2) Any person who contravenes subsection 1) shall beguilty of an offence and shall be liable on summary convictionbefore a Resident Magistrate to a fine not exceeding fivehundred dollars or to imprisonment with or without hard labour 1711974for a term not exceeding twelve months. S W W

4U. Any person who, being the holder of any licence, :zfcertificate or permit in respect of a firearm or being lawfully in ~ ,possession of a firearm by virtue of subsection 2) of section 20, i;;q;Eeloses such firearm through negligence on his part shall be guilty s.6.of an offence and on summary conviction thereof before aResident Magistrate, shall be liable to a fine not exceeding fivehundred dollars or to imprisonment with or without hard labourfor a term not exceeding twelve months.

42.-- I) Any constable may without warmnt stop any vehicle :;;in which he suspects any firearm or ammunition is being Iconveyed, and may search such vehicle and the driver thereofand any person conveyed therein.

2) Any person who-a) being the driver or person operating a vehicle failsto stop the vehicle at the request of a constableunder this section; orb) being conveyed in a vehicle, prevents or intimidatesthe driver thereof or other person operating such

vehicle from stopping at the request of a constableunder this section; or

c) escapes or attempts to escape from a vehiclerequested to be stopped under this section,

shall be guilty of an offence and on summary conviction before


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Searchwarrants. 4 3 . - 1 ) A Justice of the Peace on being satisfied binformation on oath that there is reasonable ground fosuspec ting that an offence under this Act has been, is being, o r about to be committed, may grant a search warrant authorizinany constable nam ed therein-

a ) to enter at any time any premises or place namein the warrant, if necessary by force, and to searcthe premises or place and every person fountherein; andb ) to seize any firearm or ammunition which he mafind on the premises or in the place, or on ansuch person, in respect of which or in connectiowith which he has reasonable grounds for suspecting that an offence under this Act has been, being, or is about to be committed and to retaisuch firearm or ammunition for so long as may bnecessary for the purpose of any investigation i

relation thereto, and where such investigatioresults in legal proceedings against any person foany such offence, until such legal proceedings arfinally disposed of2 ) The constable making the search may arreswithout warrant any person found on the premises or in thplace whom he has reason to believe to be guilty of a

offence under this Act other than an offence against sectio41 .PART VII. Financial andMisceIlaneous

ppropriate 4 4 . - 1 ) Subject to subsections 2 ) and 3), the appropriaduty duty payab le to a Co llector of Taxes shall be-L N .48 ~/1990.

a ) o n every Firearm Manufacture s Licence, ten thousandollars; and


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FIRE RMS 5

(c) on every Gunsmith s Licence, two hundred dollars; *,lm,and4 on every Firearm User s Licence, the terms andconditions of which authorize the holder to carry afirearm or ammunition anywhere in Jamaica, three k ,2003,thousand dollars; ande) on any Firearm User s Licence, the term s and con-ditions of which authorize the holder to carry afirearm or ammunition in some specified place or .area in Jamaica, three thousand dollars; and 87U2003V on any Firearm User s (Employee s) Certificate, six L Nhundred dollars. 23pi1998

2) Notwithstanding anything to the contrary, noduty shall be payable under th is section-a) by the members o f ,any rifle club recognized bythe Minister, in respect of-

(i) a Firearm User s Licence in relation to anyrifle, pistol, shot gun, air gun, air rifle or airpistol to be used solely for drill or targetpractice; or

(ii) a Firearm Manufacturer s Licence in relationto any ammunition manufactured solely foruse for target practice or drill by suchmembers;b) by the owner of any rifle in respect of which theprescribed authority certifies that such rifle isordinarily used in the training of members of theJamaica Combined Cadet Force, constituted underthe Jamaica Combined Cadet Force Act;

(c) by the owner of any firearm or ammunition towhich subsection (3) applies.(3) This subsection applies to any firearm or ammu-


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of an obsolete type and is not intended by the owner to be usedby himself or by any other person.1711974 (3A) In respect of every Firearm User s Licence, uponS 7. each occasion of paym ent of the appropriate duty other than theoccasion prior to the application for the licence, the holder of thelicence shall, not sooner than one month prior to such paymentproduce the firearm to which the licence relates to the chiefofficer of police for the parish or police division in which heresides for inspection, and the Collector of Taxes shall noaccept payment of the appropriate duty relating to that firearmunless the payment is accompanied by a certificate from thaofficer that the firearm has also been so presented and inspected

4) The appropriate duty shall be payable in respecof the period commencing with the date of grant of thelicence or certificate and ending with the next succeeding3 1st day o f March, and thereafter shall be payable in respecof each financial year in which the licence or certificate is inforce and on or before the 30th day of April in that financiayear:

Provided that where a licence or certificate is first granted inthe month of March in any year the appropriate duty shall bedeemed to apply to the period ending on the 31st day o f Marcof the next succeeding year, and thereafter shall be payable inrespect of each financial year as aforesaid .(5) Any person who fails to pay the appropriatduty in accordance with the provisions of this section shalbe guilty of an offence and on summary conviction thereobefore a Resident Magistrate shall be liable to a fine noexceeding one thousand dollars and in default of paymento imprisonment with or without hard labour for a termnot exceeding twelve months.


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FIREARMS 47(7)Every order under subsection (6) shall be subjectto affirmative resolution of the House of Representatives.(8) Notwithstanding the provisions of sections 15and 18 of the Tax Collection Act, the appropriate dutyshall be payable in one sum.

45.-(1) Every person who comes into possession of any Custodyoffirearm or ammunition in the circumstances specified in and ammu.paragraph ( d ) or ( e ) of subsection (2) of section 20 shall, nitioLwithin thirty days of coming into possession of such fire-arm or amm unition, unless he has obtained a Firearm UsersLicence in respect thereof within such period, deliver suchfirearm or ammunition to the sub-officer in charge of thepolice station nearest to the place at which he comes intopossession of such firearm or ammunition together with awritten statement as to the da te on which, and the circum-stances in which he cam e into possession of such firearm orammunition.

(2) Where any holder of any Fire arm Users Licenceis about to leave Jamaica and does not desire to take thefirearm or ammunition to which such licence relates withhim, he shall before leaving Jamaica arran ge for th e storageof such firearm or ammunition in such place and undersuch conditions as may be approved by the chief officer ofpolice, or deliver such firearm or ammunition either-U) to some person who is the holder of a FirearmUsers Licence in respect of such firearm or am mu-nition as the case may be; or

( b ) to the sub-officer in charge of any police stationspecified in th e Second Schedule.(3) Every person who contravenes subsection (1) or2 ) shall be guilty of a n offence and on summary convictionbefore a Resident Magistrate shall be liable to a fine not

firearms

SeooadSchedule

Khe inclusion of thls page 1s authorued by L N 248/ 9751

M-2


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48 FIREARMSexceeding two hundred dOllaTs or to imprisonment with orwithout hard la bour fo r a term no t exceeding twelve months.

4) Th e holder of a Firearm Users Licence may,if he does not desire to retain in his possession the firearmor ammunition to which such licence relates, surrender thelicence and deliver the firearm or ammunition to the sub-officer in charge of the police station nearest to the placeat which he is ordinarily resident.5) Every firearm and any ammunition received atany police station under this section shall-

a) be delivered to any person who produces a Fire-arm Users Licence granted to him in relation tosuch firearm or ammunition either before or afterthe date on which such firearm or ammunition wasreceived at such police station; or

( b ) if n ot delivered to any person in accordance withparagraph a) within twelve months of the dateon which it was received at such police station,render the owner thereof liable for payment of astorage fee in such sum or at such rate as maybe prescribed and if such fee is not paid withinsix months of the expiry of the period of twelvemonths aforesaid the firearm or ammunition, orboth, as the case may be, shall be forfeited to theCrown.( 6 ) The Minister may from time to time by orderamend the Second Schedule by adding thereto or removingecond

Schedule. therefrom any police station.Forfeiture 46. Where any person-of firearmsand ammu-nition. a) is convicted of an offence under this Act, or ofany crime for which he is sentenced to imprison-ment whether with or without hard labour; or

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IRMR S

b) has been ordered to be subject to police supervision orto enter into a recognizance to keep the peace or be ofgood behaviour, a condition of which is that theoffender shall not possess, use or carry a firearm orammilnition,

the court before which he is convicted or by which theorder is made may make such order as to the forfeitureor disposal of any firearm or ammunition found in hispossession as the court thinks fit, and shall cause the con-viction or order, as the case may be, to be certified to theappropriate authority who may, giving notice in accordancewith subsection 2) of section 36 and subject to section 37,revoke any licence, certificate or permit held by the personconvicted.

46A.-41 Notwithstanding anything to the contrary, but Ballisticscertificatessubject to the provisions of subsection 2), any certificate signed admissibleby a ballistics expert shall, in any criminal proceedings, be inevidence8 974admitted as evidence of the matters so certified, without the . 9B .ballistics expert being called upon to attend and to give evidenceon oath.

2) Where, in any criminal proceedings, it is in-tended to put in evidence a certificate as provided in sub-section I), the prosecution shall, at least three clear daysbefore the proceedings, serve upon the person charged awritten notice of such intention, together with a copy ofthe certificate, and that person may, before the commence-ment of the proceedings, by written notice served on theprosecution, object to the admission of the certificate, andmay require the attendance of the ballistics expert to giveevidence on oath.3) Any document purporting to be such a certi-ficate as is mentioned in this section shall be deemed to be

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FIRE RMS

Carryingfiearms orammunitionin parts

Regulations

Serviceonotices

Generalpenalty

Compulsayimprisonmentor certain

offences

(4) In this section, ballistics expert means any persondesignated as a ballistics expert by the Commissioner of Policeby notice published in the Gazette.47. Where any firearm or ammunition is carried in parts bytwo or more persons in company, each of such persons shall bedeemed to carry a firearm o r ammunition.48. The M inister may m ake regulations for the better carryingout of this Act, and in particular, but without prejudice to thegenerality o f the foregoing, for prescribing anything required or

permitted by this Act to be prescribed.49 Any notice required or authorized by this Act to begiven to any person may be sent by registered post in aletter addressed to him at his last or usual place of abode,or in the case o f the holder of a Firearm Dealer's Licerlceor of a Firearm Manufacturer's Licence or of a Gunsmith'sLicence at any place or premises in respect of which thelicence is issued.50. Any person guilty of an offence under this Act forwhich no penalty is otherwise provided shall on summaryconviction before a Resident Magistrate be liable to a finenot exceeding four hundred dollars or to imprisonment withor without hard labour for a term not exceeding twelvemonths.51. Notwithstanding any other provisions to the con-trary, a sentence of imprisonment shall be imposed on everyperson other than a child within the meaning of the Child Careand Protection Act found guilty of an offence under this Actrelating to a prohibited weapon .52. This Act shall not apply-

a) to any firearm or ammunition the property of theGovernment of Jamaica except, at a time whenSaving


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FIREARMS 51such firearm o r am munition is in the possession ofsome person other than a person a u t h o d d by oron behalf of the Government of Jamaica to be inpossession of such firearm or ammunition; or

6) to any firearm or ammunition or signalling appara-tus or ammunition therefor forming part of theequipment of any ship or aircraft o r of any aero-drome at any time when such firearm or ammuni-tion or signalling apparatus or ammunition there-for is on board of such ship or aircraft o r a t suchaerodrome, as the case may be; orc) to any slaughtering instrument the property of theKingston and St. Andrew Corporation or of any

Parish Council or of the Jamaica Society for thePrevention of Cruelty to Animals or of any pre-scribed person except at a time when such slaugh-tering instrument is in the possession of someperson other than a person authorized under thissection to be in possession of such slaughteringinstrument; ord) to any person authorized by the Government ofJamaica to be in possession of a firearm o r amm u-nition, in respect of any firearm or ammunitionthe property of the Government of Jamaica inhis possession pursuant to that authority; or

( e ) to any member of the Jamaica Com bined CadetForce constituted under the Jamaica CombinedCadet Force Act, or to any constable or anySpecial Constable o r any Parish Special Cons table,in respect of any firearm or ammunition in his pos-session in his capacity as a member of the JamaicaCombined Cadet Force, or as such constable,Special Constable or Parish Special Constable,as the case may be; o r

yThe inclusion of this page is authorized by LN 248/19751


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52 FlREARM S0 to any officer or member of the crew of any shipor aircraft or any employee at any aerodromein respect of his possession on board of such shipor aircraft or at such aerodrome, and in his capa-city as an officer or member of the crew of such

ship or aircraft or an employee of such aerodrome,as the case may be, of any firearm or ammunition,signalling apparatus or ammunition therefor refer-red to in paragraph (b);or

g) to any employee of the Kingston and St. AndrewCorporation or any Parish Council or the JamaicaSociety for the Prevention of Cruelty to Animalsor of any prescribed person in respect of his pos-session in his capacity as such employee of anyslaughtering instrument; or

( h ) to any firearm or ammunition forming part ofany collection owned by the Institute of Jamaicafor museum purposes except at a time when suchfirearm or ammunition is in the possession of aperson not authorized by the Institute of Jamaicato be in possession of such firearm or ammunition;or11 to such firearms and ammunition the property ofthe Government of such country in such circum-stances and subject to such conditions as may forthe time being be approved by the Minister, andto such persons in respect of their possession there-

of as may be so approved.

r h e inclusion of his page is aulhorized by L.N 248/1975]


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FIREARMS 5FIRST SCHEDULE section 2 9

Offences in relation to which possession of f irearm or imitationfirearm contravenes subsec ion 2 ) of section 251. 0Eencm against sections 5 to 7, 17 to 20. 38 to 41. paragraphs2). 3) and 4) of section 42 and sections 43 and 44 of tbc Larceny A U2. Oifenccs against sections 2 to 13, 15, 16, 26. 27 to 29 and 36of b e Malicious Injuries to Property Aot.3. OE- against om 22 to 24.31. 36. 43, 44. 55 to 57 and 69of the OIkces against the Person Act4. offences against Seaion45 of the Road Tra5c Act5. ofiences against the Treason Felony Act.6. Aiding and abetting the wmmhion of any offence specilid inparwapl18 1) to (6) and attempting to commit any s u c b offence otherthaa 9 offence against section 9 of the Malicions Injuries to P~opcrtyAot.

SECOND SCHEDULE (sation 45)List of P o k e Stations

1. Kingston (Central) ... East Queen Street2. gingston (Eastern) ... Elletson Road3. Kingston Watern ) ... Denham Town4. St.AndIew(North) ... Constant Spring5. s t A n d r e w ~ t r a ... Halfway Tree6. st Andnw S O W ... Hunts Bay7. MOrrmtBay8. Port O9. Porthiaria

10. st. M s ay11. Falmocvth12. Montego b y13. Luaa14. Savanna-la-W15. Black Riva16. Mandtvillc17. May Pm18. SpanishT m19. Polim Training School ... Port Royal

the jamaican firearms act

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