Section 9

the holder of an arms licence in respect of any arms or any firm, partnership, company or corporation owning such arms may, subject to section 3, sell or transfer otherwise than by way of trade or business any such arms;

a person lawfully carrying on the business of an auctioneer may sell by auction or keep or expose for sale by auction without holding a dealer’s licence any arms or ammunition in respect of which there is an arms licence in force if the auctioneer has obtained permission in writing from a Chief Police Officer to sell arms or ammunition by auction and he complies with all the conditions and observes all the restrictions subject to which the permission is stated in writing to be granted; and

a licensed manufacturer may keep any arms or ammunition manufactured or to be used for manufacturing under his licence without holding a dealer’s licence.

Subject to this Act and any regulations made thereunder, no person shall repair or accept for repair any arms or ammunition, other than arms or ammunition in respect of which he holds a valid arms licence or permit, unless a licence to repair arms and ammunition has been granted to him under this Act and is in force.

A licence granted under this section may be a licence to deal in arms and ammunition only, or a licence to repair arms and ammunition only, or a combined licence both to deal in and to repair arms and ammunition, and in the latter case shall be deemed to be for the purposes of this Act both a dealer’s licence and a repairer’s licence.

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An application for a licence under this section shall be made in the prescribed form to the Chief Police Officer of the State in which the applicant proposes to carry on business as a dealer or repairer or both, as the case may be, and shall state such particulars as may be prescribed:

Provided that where the applicant is a person who holds or is at the same time applying for a licence to manufacture arms or ammunition he shall make such application to the Minister.

A person carrying on any trade or business of dealing in or repairing arms and ammunition at more than one place of business shall apply for a licence in respect of each such place of business.

Subject to this Act and any regulations made thereunder, the

Chief Police Officer or the Minister, as the case may be, may grant to the applicant a dealer’s licence or repairer’s licence, or a combined dealer’s and repairer’s licence, in accordance with his application, if he is satisfied that the applicant can be permitted to carry on business as such dealer or repairer, or both, as the case may be, without danger to the public safety or the public interest.

A licence granted under this section shall be in such one of the prescribed forms as may be appropriate, and shall specify the address of the place of business in respect of which it is granted and the conditions and restrictions subject to which it is to be held.

Every licence granted under this section shall expire on 31 December next following the date of issue but may be renewed by the Chief Police Officer of the State in which the holder carries on business or the Minister, as the case may be, for a further period of one year from the said 31 December, and so on, from time to time; and this section shall apply to the renewal of such licence as it does to the grant thereof.

The particulars of every licence granted under this section shall be entered in a register which shall be kept by the Chief Police Officer or the Minister, as the case may be, and in such form and manner and at such place as may be prescribed.

A licensed dealer or licensed repairer shall keep such books and records in such manner and containing such particulars as may be

18 Laws of Malaysia ACT 206

prescribed, and shall on demand produce the same for the inspection of any police officer of or above the rank of sergeant at such place or time as the police officer may reasonably require.

A licensed dealer or licensed repairer shall make such returns, containing such particulars and made at such dates and in such manner to the Chief Police Officer of the State in which his place of business is situate, as may be prescribed:

Provided that where the licence to deal or licence to repair is granted by the Minister, such returns shall be made to the Minister.

A licensed dealer or licensed repairer who—

Any licensed dealer or licensed repairer who fails to comply with any condition or to observe any restriction subject to which the dealer’s or repairer’s licence is held by him shall, on conviction, be liable in respect of each such offence to imprisonment for a term not exceeding two years or to a fine not exceeding one thousand ringgit or to both.

Any person who contravenes subsection (1) or (2) shall, on conviction, be liable to imprisonment for a term not exceeding seven years or to a fine not exceeding ten thousand ringgit or to both.

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Boards to be affixed at dealers and repairers shops