Firearms (Increased Penalties) Act 1971

Act 1971.

“discharge” means to cause the discharge of a shot, bullet or other missile from a firearm by means of an explosive charge, and includes the causing of a bomb or grenade to explode;

“firearm” means any lethal barrelled weapon of any description from which any shot, bullet or other missile can be discharged by means of an explosive charge, and includes a bomb or grenade containing an explosive charge;

“scheduled offence” means any offence enumerated in the

Schedule;

“subordinate court” has the meaning assigned thereto in section 3

of the Courts of Judicature Act 1964 [Act 91];

“traffic in firearms” means—

Any person who at the time of his committing or attempting to commit or abetting the commission of a scheduled offence discharges a firearm with intent to cause death or hurt to any person, shall, notwithstanding that no hurt is caused thereby, be punished with imprisonment for a term of not less than thirty years but not exceeding forty years and with whipping with not less than twelve strokes.

Where, with intent to cause death or hurt to any person, a firearm is discharged by any person at the time of his committing or attempting to commit or abetting the commission of a scheduled offence, each of his accomplices in respect of the offence present at the scene of the commission or attempted commission or abetment thereof who may reasonably be presumed to have known that such person was carrying or had in his possession or under his custody or control the firearm shall, notwithstanding that no hurt is caused by

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the discharge thereof, be punished with imprisonment for a term of not less than thirty years but not exceeding forty years and with whipping with not less than twelve strokes, unless he proves that he had taken all reasonable steps to prevent the discharge.

Any person who at the time of his committing or attempting to commit or abetting the commission of a scheduled offence or robbery exhibits a firearm in a manner likely to put any person in fear of death or hurt shall be punished with imprisonment for a term of not less than thirty years but not exceeding forty years and with whipping with not less than six strokes.

Any person who at the time of his committing or attempting to commit or abetting the commission of a scheduled offence has on his person a firearm shall be punished with imprisonment for a term of not less than thirty years but not exceeding forty years and with whipping with not less than six strokes.

Any person who at the time of his committing or attempting to commit or abetting the commission of a scheduled offence exhibits an imitation firearm in a manner likely to put any person in fear of death or hurt shall be punished with imprisonment for a term which may extend to ten years and with whipping with not less than three strokes.

Firearms (Increased Penalties)

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Any person who is in unlawful possession of a firearm shall be punished with imprisonment for a term which may extend to fourteen years and with whipping with not less than six strokes.

Any person who consorts with, or is found in the company of, another person who is in unlawful possession of a firearm in circumstances which raise a reasonable presumption that he knew that such other person was in unlawful possession of the firearm shall, unless he proves that he had reasonable grounds for believing that such other person was not in unlawful possession of the firearm, be punished with imprisonment for a term which may extend to fourteen years and with whipping with not less than six strokes.

Sessions Court shall have jurisdiction to try all offences under this

Act, except offences under section 3 or 3A, and to impose for any offence so tried the full punishment or penalty provided for that offence by this Act, except the penalty of death.

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Criminal Procedure Code [Act 593], and cause the accused person to appear or be brought before such Court as soon as may be practicable.

**(2) When the accused person appears or is brought before the High Court in accordance with subsection (1), the High Court shall fix a date for his trial which shall be held in accordance with the procedure under Chapter XX of the Criminal Procedure Code.

Upon the coming into operation of this Act, if a person is convicted by any court for the commission of an offence under section 3, 3A or 7 of the principal Act, the person, whether at a trial or on an appeal, shall be sentenced in accordance with the provisions of the principal Act as amended by this Act even though the offence was committed before the date of coming into operation of this Act.”

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[Section 2]

1. Extortion.

2. Robbery.

3. The preventing or resisting, by any person, of his own arrest or the arrest of another by a police officer or any other person lawfully empowered to make the arrest.

4. Escaping from lawful custody.

5. Abduction or kidnapping under sections 363 to 367 of the Penal Code and section 3 of the Kidnapping Act 1961 [Act 365].

6. House-breaking or house-trespass under sections 454 to 460 of the Penal Code.

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Act 37

LIST OF AMENDMENTS

Amending law

Short title

In force from

Firearms (Increased Penalties)

(Amendment) Act 1974 08-07-1974

Act A266

Arms (Amendment) Act 1974 16-08-1974

Act A317

Firearms (Increased Penalties)

(Amendment) Act 1975 05-09-1975

Act A427

Firearms (Increased Penalties)

(Amendment) Act 1978 10-03-1978

Act 206

Arms Act 1960 15-11-1978

Act 846

Abolition of Mandatory Death

Penalty Act 2023 04-07-2023

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Act 37

LIST OF SECTIONS AMENDED

Section

Amending authority

In force from

Long title

Act A427 08-07-1974 10-03-1978 2

Act A427

Act A266

Act 846 08-07-1974 10-03-1978 16-08-1974 04-07-2023 3

Act 846 04-07-2023 3A

Act 846 08-07-1974 04-07-2023 4

Act 846 08-07-1974 04-07-2023 5

Act 846 08-07-1974 04-07-2023 6

Act A256 08-07-1974 7

Act 846 08-07-1974 04-07-2023 8

Act A256 08-07-1974 9

Act A256 08-07-1974 10

Act A317

Act A427 05-09-1975 10-03-1978 11

Act A427 10-03-1978 12

Act A427 10-03-1978

Act A256 08-07-1974