/akn/my/act/act/1971/37
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*FIREARMS (INCREASED PENALTIES) ACT 1971 is Malaysia Act, cited as Act 37 1971, currently marked in force and first recorded in 1971.
Opening note
This Act shall come into force on such date as the Minister charged with the responsibility for public order may by notification in the Gazette appoint, not being a date earlier than that on which the notification is published.
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This Act shall remain in force until it is annulled by resolutions passed by both Houses of Parliament:
Provided that such annulment shall be without prejudice to anything previously done by virtue of this Act.
Interpretation
to sell or transfer, or keep or expose for sale or transfer, a firearm in contravention of subsection 9(1) of the
Arms Act 1960 [Act 206];
to repair or accept for repair a firearm in contravention of subsection 9(2) of the Act;
to transfer, sell or offer for sale a firearm to a person other than a person specified in subsection 11(1) of the Act; or
Firearms (Increased Penalties)
(Deleted by Act A266).
“unlawful possession of a firearm” means possession, custody or control of a firearm, or the carrying thereof, in contravention of the
Arms Act 1960.
Words and expressions used in this Act which occur in the
Penal Code [Act 574] have the meanings respectively assigned to them in that Code.
Penalty for discharging a firearm in the commission of a scheduled offence
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.
Penalty for accomplices in case of discharge of firearm
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.
Penalty for exhibiting a firearm in the commission of a scheduled offence
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.
Penalty for having firearm in the commission of a scheduled offence
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.
Penalty for exhibiting an imitation firearm in the commission of a scheduled offence
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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Penalty for trafficking in firearms
Any person proved to be in unlawful possession of more than two firearms shall be presumed to be trafficking in firearms.
Penalty for unlawful possession of firearms
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.
Penalty for consorting with persons carrying arms
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.
Jurisdiction of Sessions Court
Notwithstanding subsection (1), the High Court shall have jurisdiction to try any case in respect of any offence under this Act, if the Public Prosecutor requires any such case to be tried by the
High Court.
Special provisions relating to transmission of a case to, and trial by, the High Court
The trial of a case transmitted to the High Court under subsection (1) shall be by a Judge of the High Court sitting alone, and
*Chapters XXI and XXII of the Criminal Procedure Code shall not apply to such trial.
Subsections (1), (2) and (3) shall have effect notwithstanding any other written law to the contrary.
* NOTE—Chapters XVII, XXI and XXII of the Criminal Procedure Code [Act 593] has been repealed—
see sections 5 & 11 of Criminal Procedure Code (Amendment) Act 1995 [Act A908].
** NOTE—See section 6 of Firearms (Increased Penalties) (Amendment) Act 1978 [Act A427] for transitional provisions.
Firearms (Increased Penalties)
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No bail to be granted in respect of offences under this Act
Subsection (1) shall apply notwithstanding any other written law or any rule of law to the contrary.
*NOTE—see section 46 of the Abolition of Mandatory Death Penalty [Act 846]
w.e.f. 4 July 2023 which provides the following provision:
“Transitional
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