AMENDMENTS TO THE FIREARMS ACT (AS IT AFFECTS US IN THE TRA)

The Firearms act has been amended and I have included below snapshots of those parts of the act as these apply to us.

Amendment to Section 11:

11.(1) “Any person who discharges a firearm or ammunition on or within 40 metres (previously 40 yards) of any public road or in any public place is liable ….. except where he does so – (a, b and c of the original act remains the same), (d) as the holder of a provisional licence, issued by the Commissioner under section 16 and he discharges the firearm or ammunition on the shooting range named and for the purposes specified in the licence”.

Amendment to Section 13: Inserted after section 13

13A (1) “A person who while he has a firearm with him, enters a building or any land a a trespasser without reasonable excuse, commits an offence and is liable …”.

(2) “The onus of providing reasonable excuse shall be on the accused”.

13B “A person commits an offence if he has a firearm with him while he is drunk or under the influence of a dangerous drug within the meaning of the Dangerous Drugs Act 1991 and is liable ….”.

Amendment to Section 16: Section 16 is deleted and replaced by the following:

16 (1) “Where a person intends to obtain a Firearms User’s Licence for the first time, he shall prior to the grant of such a licence, obtain a provisional licence from the Commissioner authorising him to discharge a firearm for the purpose of training in such a firearm”.

16 (3) “A provisional licence issued by the Commissioner under subsection (1) shall authorise the holder to discharge a firearm only for the purpose of training in the use of the firearm and shall be restricted to a shooting range named in the licence”.

16 (4) “Where a provisional licence is issued under subsection (1) the holder of such a licence shall not discharge a firearm unless he is under the supervision of the holder of a Firearms User’s Licence”.

16 (5) “A provisional licence issued under subsection (1) shall be valid for two months”.

16A “After the expiration of the period referred to in section 16 (5) the person who held the provisional licence may apply for a Firearms User’s Licence, and such application shall be accompanied by a certificate of competence issued by a licenced firearms instructor”.

Amendment to Section 17

17 (2A) “No licence, certificate or permit shall be granted to a person under the age of twenty-five years”.

17 (6) “A licence other than a provisional licence shall be valid for three years from the date of issue and may be renewed upon payment of the appropriate fee for each renewal, by the Commissioner”.

17 (7) “An applicant fro the renewal of a Firearm User’s Licence under this Act shall submit with his application – (a) a certificate of competence issued by a licensed firearms instructor and (b) such other documents as may be prescribed by the Commissioner.

17 (8) “A licence held by a person prior to the coming into operation of this Act shall continue to be valid after the commencement of this Act”.

Amendment to Section 21:

21B (1) “Where the holder of an FUL or an FUEC is convicted of an offence under the Domestic Violence Act, the Commissioner shall suspend his licence or certificate as the case may be for a period of five years from the date of conviction for such an offence”.

(2) “A person who is convicted of a domestic violence offence under the Domestic Violence Act is disqualified from holding an FUL or an FUEC for a period of five years from the date of conviction”.

Amendment of Section 27:

(4A) “A search of a woman under subsection (4) shall be carried out only by a female member of the Police Service, the Department of Customs and Excise, the Immigration Department or the Defence Force”.

Amendment to Section 28

(1A) “The holder of a licence certificate or permit in respect of … who loses such a firearm or ammunition through negligence on his part commits an offence and is liable on summary conviction to a fine of five thousand dollars”.

(1B) “Every person who finds a firearm or ammunition shall within twenty-four hours of finding such firearm or ammunition, deliver such firearm or ammunition to the police officer in charge of the police station nearest to the place at which he found the firearm or ammunition and shall give a written statement as to the time and circumstances in which he found the firearm or ammunition”.

Section 36 is repealed and the following new section substituted:

36. “The President may make Regulations for the better carrying out of this Act, in particular for prescribing – (a) the test for determining drunkenness fro the purpose of section 13B”.

Amendment to Section 40

(3) “A person who holds a FUL and has a firearm in his possession shall when not carrying such firearm on his person ensure that it is safely stored out of reach of children”.

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