Firearms (CAP. 171 1
CHAPTER 171
T H E FIREARMS ACT
Arrangement of Sections
Section
1. Short title.
PRELIMINARY
2. Interpretation.
3 . Declaration of restricted person.
4. Exercise of the functions of the Commissioner of Police.
PART I
Possession, Sale, Transfer and Use of Firearms
and Ammunition
Interpretation of Part I.
Possession with licences only-Saving.
Exemptions.
Carrying firearm or ammunition in prescribed public
places.
Offences relating to selling or transferring firearms or
ammunition.
Special offence as to possession of firearms in certain
circumstances.
Restrictions relating to the discharge of firearms and
ammunition.
Penalty for possessing firearms or ammunition with
intent to injure.
Penalty for use and possession of firearm or imitation
firearms in certain circumstances.
Penalty for use of firearms or ammunition in contra-
vention of terms or conditions of licences, etc.
Prohibition on manufacture etc. of firearm or
ammunition.
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2 CAP. 171) Firearms
PART I1
Licences
General Provisions
16. Application for licences, certificates and permits.
17. General provisions as to grant and issue of licences,
certificates and permts.
18. Firearm User's (Employee's) certificate.
19. General provisions as to licences, certificates and permits.
20. Amendment of licences, certificates and permits.
21. Revocation of licences, certificates and permits.
22. Power to call in firearms and ammunition.
23. Appeals.
24. Special restrictions upon holders of Firearm Dealer's
Licences.
25. Restrictions relating to gunsmiths.
26. Notice to be displayed by licensees.
27. Records and returns.
PART I11
Power of Search and to Obtain Information
28. Carrying of firearms and ammunition in public places-
power of police as to.
29. Report of loss or theft of firearm or ammunition, &c.
30. Power to stop and search vehicles.
3 1. Search warrants.
PART IV
Importation of Firearms, etc.
32. Restriction on importation, exportation and tranship-
ment of firearms and ammunition.
33. Travellers to make declaration of firearms and
ammunition.
34.- Permission to take firearm abroad.
35. Special offence relating to firearms on aircraft.
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Firearms (CAP. 171 3
PART V
Miscellaneous
36. Carrying firearm or ammunition in parts.
37. Regulations and Orders.
38. Service of notices.
39. Forfeiture and disposal by court.
40. Appropriate fee.
41. Custody of firearms and ammunition.
42. Evidence.
FIREARMS
(1st May, 1973.)
1. This Act may be cited as the Firearms Act. Short title.
PRELIMINARY
2. (1) In this Act- Interpretation.
" ammunition" means-
(a) ammunition for any firearm of any kind;
( b ) every shell, cartridge case, bomb, hand-
grenade, bullet or like missile, whether containing
any explosive or gas or chemical or not, and
whether intended to be discharged from or by any
gun or other propelling or releasing instrument or
mechanism or not except missiles which can be used
only for the purpose of extinguishing fires;
( c ) every part of any such shell, cartridge case,
bomb, hand-grenade, bullet or missile, whether
such shell, cartridge case, bomb, hand-grenade,
bullet or missile may have been completely formed
at any time or not;
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4 CAP. 171) Firearms
(4 every fuse, percussion cap, or priming cap,
adapted or prepared for the purpose of causing the
propulsion of or exploding any shell, bomb, hand-
grenade, bullet or other projectile;
(e) every bullet clip or cartridge clip;
V) any explosive when enclosed in any case
or contrivance adapted or prepared so as to form
a cartridge, charge or complete round for any
firearm or any other weapon, or to form any tube
for firing explosives, or to form a detonator, or a
projectile, which can be used (whether singly or
in suitable combinations) as or in connection with,
a missile;
(g) everything declared by Order of the
Governor-General to be ammunition:
"artillery" means any cannon, howitzer, mortar or
flame-thrower;
" automatic firearm" means any firearm so designed
or adapted that if pressure is applied to the trigger
missiles continue to be discharged until pressure
is removed from the trigger or until the magazine
containing the missiles is empty;
" cannon" means a firearm that requires mounting and
fires explosive shells or projectiles;
"certificate" means a certificate under this Act;
"Commissioner of Police" means the Gazetted Police
Officer in charge of the Royal Police Force of
Antigua and Barbuda and includes any police
officer, or Government officer authorised in writing
by the Commissioner of Police to act on his behalf
in relation to the licensing of firearms;
"firearm" means any lethal barrelled weapon from
which ammunition can be discharged or any pro-
hibited weapon, and includes any component part
of any such weapon and any accessory to any such
weapon designed or adapted to diminish the noise
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Firearms (CAP. 171 5
or flash caused by firing the weapon, but does not
include any air rifle, air gun or air pistol of a type
prescribed by Order made by the Governor-General
and of a calibre so prescribed;
"Firearm Dealer's Licence" means a licence authoris-
ing the holder thereof to buy or sell or buy and
sell at such place as may be specified in the licence
firearms or ammunition of such type as may be
so specified;
"Firearm Disposal Permit" means a permit authoris-
ing the holder thereof to dispose of the firearm or
ammunition specified therein;
"Firearm Import Permit" means a permit authorising
the holder thereof during such period as may be
specified therein to import into Antigua and Bar-
buda from such source as may be specified therein
such firearms or ammunition as may be so specified;
"Firearm User's Licence" means a licence authorising
the holder thereof, subject to the terms and con-
ditions specified in the licence, to be in possession
of the firearm or ammunition so specified;
"Firearm User's (Employee's) Certificate" means a
certificate issued pursuant to section 18;
"flame-thrower" includes a tube or container capable
of directing a sustained flame for any distance;
"Gunsmith's Licence" means a licence authorising the
holder thereof to carry on the business of repairing,
testing or proving firearms or ammunition or such
other business incidental to the foregoing as is
permitted by the licence at such premises as may
be specified in the licence;
"howitzer" includes a firearm designed for high angle
firing of shells at low velocity;
"licence7' means a licence under this Act;
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6 CAP. 171) Firearms
" mortar" includes a small bore, muzzle-loading high
angle of fire firearm or a firearm for firing of shells
at high angles;
"officer of customs" includes any person employed in
the Customs Division or the Harbour Division of
Antigua and Barbuda and any police officer;
" permit" means a permit under this Act;
"police officer" means any member of the Royal Police
Force of Antigua and Barbuda or any special con-
stable or member of a Fire Brigade established in
Antigua and Barbuda acting in his capacity as a
special constable;
"prescribed" means prescribed by regulations made
under this Act;
"prohibited weapon" means-
( a ) any artillery or automatic firearm;
(b) any grenade, bomb or other like missile; or
( c ) any weapon of whatever description or
design which is adapted for the discharge of any
noxious liquid, gas or other thing;
" regulations" mean regulations made under this Act;
"restricted person" means any person who has at any
time within five years next before the event in rela-
tion to which the term is used-
(a) been declared by a court pursuant to sec-
tion 3 to be a restricted person; or
(b) been convicted of an offence involving
violence and sentenced to a term of imprisonn~ent
exceeding three months;
"sell" includes exchange or to exchange in part only
of the consideration, and "purchase" has a
corresponding meaning;
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Firearms (CAP. 171 7
" slaughtering instrument" means a firearm which is
specially designed or adapted for the instantaneous
slaughter of animals or for the instantaneous stun-
ning of animals with a view to slaughtering them;
"vehicle" has the meaning assigned to that expression
in the Vehicles and Road Traffic Act. Cap. 460.
(2) An order made under subsection (1) e) shall be
subject to negative resolution of the House of Representatives.
3. A court before which a person is convicted of an E;:;p::;2Tn.
offence under this Act (other than an offence against section
29), may declare that person to be a restricted person for
the purposes of this Act.
4. Except in the case of the grant of a licence, Exercise of the
functions of the
certificate or permit under Part 11, the functions, powers comm;ss;on,r of
and duties of the Commissioner of Police under this Act, Police.
may be exercised, by any police officer authorised by the
Commissioner of Police in that behalf.
PART I
Possession, Sale, Transfer and Use of
Firearms and Ammunition
5. (1) In this Part-
" acquire" includes hire, accept as a gift or borrow;
"transfer" includes let, hire, give, lend or part with
possession.
(2) In any prosecution for an offence under this Part
or Part IV a person who is proved to have had in his posses-
sion or under his control anything whatsoever in or on which
is found any firearm or ammunition shall, until the contrary
is proved, be deemed to have been in possession of such
firearm or ammunition.
Interpretation of
Part 1.
6 . (1) Subject to section 7 , a person may purchase, E;?z;:n with
acquire or have in his possession a firearm or ammunition only-~aving.
only if he holds a Firearm User's Licence with respect to
such firearm or ammunition.
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8 CAP. 171) Firearms
Cap. 132.
(2) Notwithstanding any other law including any enact-
ment repealed by this Act, a person may not have in his
possession any prohibited weapon unless he is a police officer
acting in his capacity as such or is a member of the Defence
Force established under the Defence Act (hereinafter referred
to as "The Defence Force") acting in his capacity as such
or a member of the Armed Forces of Her Majesty acting
in his capacity as such.
(3) Any person who contravenes any of the provisions
of this section is guilty of an offence and liable in the case of-
(a) an offence under subsection (1)
(i) on summary conviction to a fine of ten
thousand dollars or to imprisonment for two
years; or
(ii) on conviction on indictment to imprisonment
for five years.
(b) an offence under subsection (2)
(i) on summary conviction to a fine of fifteen
thousand dollars or to imprisonment for two
years or to both such fine and imprisonment;
or
(ii) on conviction on indictment to imprisonment
for ten years.
(4) In addition to any other offence for which he may
be convicted, a restricted person who purchases, acquires
or has in his possession a firearm or ammunition contrary
to subsection (1) is guilty of an offence and in the case of-
(a) an offence under subsection (1)
(i) on summary conviction is liable to a fine of
fifteen thousand dollars or to imprisonment for
two years; or
(ii) on conviction on indictment to imprisonment
for seven years.
(b) an offence under subsection (2)
(i) on summary conviction to a fine of twenty-
five thousand dollars or to imprisonment for
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Firearms (CAP. 171 9
two years or to both such fine and imprison-
ment; or
(ii) on conviction on indictment to imprisonment
for ten years.
7. (1) The following persons are exempt from the pro- Exemptions.
visions of subsection (1) of section 6 that relate to having
a firearm or ammunition in their possession-
(a) a police officer acting in his capacity as such
or a member of the Defence Force acting in his capacity
as such, if the firearm and ammunition are the property
of the Government;
(b) the holder of a Firearm Dealer's Licence who
has in his possession such firearm or ammunition in
the ordinary course of business under such licence;
(c) the holder of a Firearm User's (Employee's)
Certificate who has such firearm or ammunition in his
possession in the circumstances contemplated by sec-
tion 18;
(6) the holder of a Gunsmith's Licence who has
in his possession such firearm or ammunition in the
ordinary course of business under such licence;
( e ) a member of the Armed Forces of Her Majesty
acting in his capacity as such, if the firearm and
ammunition are the property of Her Majesty;
Ci) a member of a recognised cadet corps or rifle
club who has in his possession such firearm or ammuni-
tion when engaged as such a member in or in connec-
tion with drill or target practice:
Provided that a cadet corps or rifle club shall be
deemed to be recognised hereunder only after the
Governor-General has ordered that the members of such
cadet corps or the rifle club shall be exempt from the
provisions of subsection (1) of section 6 and provided
also that the Governor-General may at any time revoke
such order of exemption;
(g) subject to subsection (2) a person taking part
in a theatrical performance or any rehearsal thereof or
production of a cinematograph or television film who
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10 CAP. 171) Firearms
has such firearm in his possession during and for the
purpose of the performance, rehearsal or production;
( h ) subject to subsection (2) a person present at a
sporting event who has in his possession such firearm
and ammunition for the purpose of starting the races
at that event;
(i) any person (including a restricted person) who
came into possession of any firearm or ammunition in
the capacity of executor or administrator of the estate
of any deceased person, or Trustee in Bankruptcy or
liquidator of any insolvent person or of any company
in liquidation, during the period of thirty days after the
day upon which he came into possession of such firearm
or ammunition;
(j) any servant or agent of any of the persons refer-
red to in paragraphs (6) and (d) who has possession of
any firearm or ammunition entrusted to him for delivery
to the owner or to some person who is about to become
the owner thereof in accordance with this Act;
(k) any officer of customs or any police officer who
has possession of any firearm or ammunition that came
into his possession pursuant to this Act during such
period as such firearm or ammunition is retained by
him pursuant to this Act;
(1) the owner of a firearm (not being a slaughter-
ing instrument) or of any ammunition who is exempt
from the payment of the appropriate fee under section
40(3);
(m) any person or class of persons declared by order
of the Governor-General to be exempt from the pro-
visions of subsection (1) of section 6.
(2) Subsection (1) (g) and (h ) shall not apply so as to
exempt any person mentioned therein from the provision
of subsection (1) of section 6, unless he has obtained from
the Commissioner of Police permission in writing to possess
such firearm and ammunition for such purpose.
(3) Nothing in subsection (1) (i) shall be taken to
authorise any such person so coming into possession of a
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Firearms (CAP. 171 11
firearm or ammunition to carry such firearm or ammuni-
tion in any public place or in any way to use such firearm
or ammunition and if any such person carries except for the
purpose of complying with section 41(1), a firearm or
ammunition in a public place or in any way uses such firearm
or ammunition he is guilty of an offence under subsection
(1) of section 6 in addition to any other offence he may have
committed.
(4) Nothing in subsection (1) of section 6 shall be con-
strued so as to make any person liable for an offence
thereunder, if a firearm or ammunition is in the possession
of any officer of a court for the purpose only of any legal
proceedings in which the firearm or ammunition is in the
custody of the court.
8. A person, other than a Police Officer, a member Carrying firearm
or ammunition
of the Defence Force or a member of the Armed Forces of in prescribed
Her Majesty, in all cases acting in his capacity as such, or public places.
any person or class of persons declared by order of the
Governor-General to be exempt from the provisions of this
section is guilty of an offence and liable on summary con-
viction to a fine of ten thousand dollars or to imprisonment
for two years or to both such fine and imprisonment who
carries any firearm or ammunition in any public place that
is prescribed by the Governor-General.
9. (1) A person who sells or transfers a firearm or offences relating
to selling or
ammunition to any other person who does not hold or who transferring
is not exempted from holding a Firearm User's Licence is firearms
ammunition.
guilty of an offence and liable-
(a) on summary conviction to a fine of ten thou-
sand dollars or imprisonment for two years; or
(b) on conviction on indictment to imprisonment
for five years.
(2) A person is guilty of an offence and liable on
summary conviction to a fine of ten thousand dollars or to
imprisonment for two years who sells or transfers a firearm
or ammunition to, or repairs, tests or proves any firearm
or ammunition for, any other person whom he knows, or
has reasonable cause to believe, to be-
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CAP. 171) Firearms
(a) a restricted person;
(b) drunk or under the influence of drugs or of
unsound mind;
( c ) at the time of such sale or transfer otherwise
unfit to be entrusted with such a firearm or ammuni-
tion; or
(4 under the age of eighteen years.
(3) The provisions of this section shall apply whether
or not the person selling or transferring a firearm or
ammunition is the holder of a Firearm Dealer's Licence or
in the case of a person who repairs, tests or proves a firearm
or ammunition a Gunsmith's Licence.
Special offence as 0 . (1) Without prejudice to any liability for the com-
to possession of
firearms in mission of an offence under any other law, a person who
certain has in his possession or under his control any firearm or
circumstances.
ammunition with intent to sell or transfer such firearm or
ammunition to any other person for the purpose of the com-
mission of any crime (including an offence under this Act)
is guilty of an offence and liable-
(a) on summary conviction to a fine of fifteen thou-
sand dollars or imprisonment for two years or to both
such fine and imprisonment; or
(b) on conviction on indictment to imprisonment
for ten years.
(2) For the purposes of subsection (I), where any
firearm or ammunition is found in any ship, vessel, aircraft,
vehicle or other means of conveyance in Antigua and Barbuda
including in particular its territorial sea-
(a) the ship, vessel, aircraft, vehicle or other means
of conveyance may be seized by an officer of customs,
police officer or by a member of the Antigua and
Barbuda Defence Force;
(b) the master or any person in control of such ship,
vessel, aircraft, vehicle or other means of conveyance,
as the case may be, shall be deemed guilty of an offence
under subsection ( I ) , unless he proves that the firearms
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Firearms (CAP. 171 13
or ammunition were in the ship, vessel, aircraft, vehi-
cle or other means of conveyance without his consent,
knowledge or connivance and that he exercised all due
diligence to prevent the commission of the offence.
( 3 ) Nothing in subsection ( 2 ) (6) shall apply if the master
or other person referred to in subsection ( 2 ) proves to the
satisfaction of the court that the firearms or ammunition are
cargo properly manifested to consignees in Antigua and
Barbuda or elsewhere, or are bonafide stores of any ship,
vessel or aircraft, in the custody of the proper officer
authorised for the purpose.
(4) Nothing in subsection ( 2 ) shall apply to any ship,
vessel or aircraft belonging to the Naval or Air Forces of
any other State, if permission to come into the territorial
sea has been granted by the competent authority.
(5) Where any person is convicted of an offence under
this section, the court before which he is convicted shall order
that the ship, vessel, aircraft, vehicle or other means of con-
veyance if any, used for the purpose of conveying the firearm
or ammunition be forfeited and, upon such order being made
the ship, vessel, aircraft, vehicle or other means of con-
veyance, shall unless an application under subsection ( 6 ) is
successful, be sold and the proceeds of such sale paid into
the Consolidated Fund.
( 6 ) Where any ship, vessel, aircraft, vehicle or other
means of conveyance is ordered to be forfeited under subsec-
tion ( 5 ) , the owner of such ship, vessel, aircraft, vehicle or
other means of conveyance may make a claim to the court
for the ship, vessel, aircraft, vehicle or other means of con-
veyance to be restored to him.
(7) Where a claim is made to the court under subsec-
tion ( 6 ) the court may, subject to subsection (8), order that
the ship, vessel, aircraft, vehicle or other means of conveyance
shall be restored to the owner thereof on payment by him
of any expenses incurred for transporting and keeping such
ship, vessel, aircraft, vehicle or other means of conveyance
for the purposes of this section.
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14 CAP. 171) F ' zrearm~
(8) A court shall not make an order under subsection
(7) unless it is satisfied that the owner, charterer or master
of the ship, vessel, aircraft, vehicle or other means of con-
veyance as the case may be-
( a ) did not permit any person convicted of an
offence under subsection ( 1 ) to use the ship, vessel,
aircraft, vehicle or other means of conveyance for the
purpose of conveying any firearm or ammunition in
respect of which the offence was committed; or
( 6 ) had no knowledge that any person convicted
of an offence under subsection ( 1 ) would use the ship,
vessel, aircraft, vehicle or other means of conveyance
for the purpose of conveying any firearm or ammuni-
tion in respect of which the offence was committed.
Restrictions
relating to the
1 . (1) A person is guilty of an offence and liable
discharpe of on summary conviction to a fine of one thousand dollars
firearms and who discharges any firearm or ammunition on or within forty
ammunition.
yards of any public road or in any public place, except-
(a) in the lawful protection of his person or property
or of the person or property of some other person; or
( b ) in the lawful shooting of a trespassing animal; or
( 6 ) under the direction of some civil or military
authority authorised to give such direction; or
(d) with the permission of the Commissioner of
Police.
(2) A police officer may without warrant enter any
premises on which he has reasonable cause to believe an
offence under subsection (1) was committed and search for
and seize any firearm and ammunition there found which
he has reasonable cause to believe were used in such con-
travention and may retain such firearm or ammunition for
so long as may be necessary for the purpose of any investiga-
tion in relation thereto, and where such investigation results
in legal proceedings against any person for any such offence
until such legal proceedings are finally determined.
(3) Nothing in subsection (1) shall apply in the case
of the accidental discharge of a firearm or the discharge of
a firearm in the case of lawful game shooting.
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Firearms (CAP. 171 15
(4) Where any person is charged with an offence under
subsection ( I ) , the burden of proving that the discharge of
the firearm or ammunition in respect of which the contraven-
tion is alleged to have occurred was accidental or otherwise
a lawful discharge shall lie upon the person asserting the
same.
12. A person who has in his possession any firearm Penalty for
possessing
or ammunition with intent by means thereof to endanger firearms or
life or cause serious injury to property, or to enable any other
person to endanger life or cause serious injury to property
is, whether any injury to person or property has been caused
or not, guilty of felony and liable on conviction on indict-
ment to imprisonment for ten years.
13. (1) A person who makes or attempts to make any Penalty for use
and possession of use whatever of a firearm or imitation firearm in furtherance firear,
of the commission of any offence or with intent to resist or imitation
firearms in
prevent the lawful apprehension or detention of himself or certain
some other person, is guilty of an offence and liable on con- circumstances.
viction on indictment to imprisonment for ten years.
(2) Where a person commits an offence against subsec-
tion (1) in respect of the commission of a felony or the lawful
apprehension or detention of himself for any other offence
committed by him, he is liable to the penalty provided by
that subsection in addition to any penalty to which he may
be sentenced for that felony or other offence.
(3) Where an offence in relation to a firearm or imita-
tion firearm is charged, but the evidence establishes the com-
mission of an offence in relation to an imitation firearm,
or firearm respectively, the accused shall not be entitled to
an acquittal but he may be convicted of the offence of which
the evidence establishes the commission.
(4) In this section "imitation firearm" means anything
which has the appearance of being a firearm whether it is
capable of discharging any ammunition or not.
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16 CAP. 171) Firearms
Penalty for use
of firearms or
ammunition in
contravention of
terms or
conditions of
licences. &c.
Prohibition on
manufacture &c.
of firearm or
ammunition.
14. Without prejudice to the foregoing provisions of
this Part a person who, being the holder of a licence,
certificate or permit, contravenes any of the terms or
conditions thereof, is guilty of an offence and liable on
summary conviction to a fine of one thousand dollars or to
imprisonment for one year.
15. (1) NO person may manufacture any firearm or
ammunition in Antigua and Barbuda, and in particular, a
person other than the holder of a Gunsmith's Licence shall
not-
(a) shorten the barrel of any firearm;
(b) convert into a firearm (other than a prohibited
weapon) anything which is not a firearm; or
(c) convert into a prohibited weapon anything
which is not a prohibited weapon.
(2) The holder of a Gunsmith's Licence shall not do
any of the things referred to in subsection (I), except with
the prior written approval of the Commissioner of Police.
(3) A person who contravenes subsection (1) is guilty
of an offence and liable in the case of-
(a) an offence in relation to the manufacture of
prohibited weapons on conviction on indictment to
imprisonment for ten years or to a fine or to both such
imprisonment and fine;
( b ) an offence in relation to the manufacture of
firearms or ammunition, other than a prohibited
weapon-
(i) on summary conviction to a fine of ten thou-
sand dollars or to imprisonment for two years;
(ii) on conviction on indictment to imprisonment
for five years;
(c) an offence in relation to paragraph (a) or (b)
of subsection (1)-
(i) on summary conviction to a fine of three
thousand dollars or to imprisonment for one
year; or
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Firearms (CAP. 171 17
(ii) on conviction on indictment to imprisonment
for five years.
(d) an offence in relation to paragraph (c)-
(i) on summary conviction to a iine of fifteen
thousand dollars or to imprisonment for two
years;
(ii) on conviction on indictment to imprisonment
for ten years.
(4) A person who has in his possession a firearm-
(a) the barrel of which has been shortened, or
(b) in relation to which an offence under subsection
(1) (b) or (c) has been committed
shall be deemed, unless he proves the contrary, to have
committed the offence under subsection (1) (a), (b) or (c)
respectively.
PART I1
General Provisions
16. Every application for any licence, certificate or Application for
licences, permit shall- certificates and
permits.
(a) be addressed to the Commissioner of Police;
(b) be in the prescribed form;
(c) contain the prescribed particulars;
(d) be accompanied by the prescribed number (if
any) of the photographs of the prescribed dimensions
of the person to whom the licence, certificate or permit
applied for is desired to be granted;
(e) bear upon it, if so prescribed, a specimen of
the signature of the person to whom the licence, cer-
tificate or permit applied for is desired to be granted;
0 be signed by the applicant; and
@) be accompanied by such other documents, if
any, as may be prescribed.
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18 CAP. 171) Firearms
General
provisions as to
17. (1) Subject to this section and to sections 16 and
grant and issue 23 the grant of any licence, certificate or permit shall be in
of licences,
certificates and
the discretion of the Commissioner of Police.
permits.
(2) No licence, certificate or permit shall be granted
in relation to any prohibited weapon.
(3) No licence, certificate or permit other than a Firearm
Disposal Permit shall be granted to, or held by a restricted
person except with the prior permission of the
Governor-General.
(4) A Firearm Import Permit, a Firearm User's Licence
or a Firearm User's (Employee's) Certificate shall be granted
by the Commissioner of Police only if he is satisfied that
the applicant has a good reason for importing, purchasing,
acquiring or having in his possession the firearm or ammuni-
tion in respect of which the application is made, and can
be permitted to have in his possession that firearm or
ammunition without danger to the public safety or to the
peace; so however, that such a permit, certificate or licence
shall not be granted to a person whom the Commissioner
of Police has reason to believe to be of intemperate habits
or unsound mind, or to be for any reason unfit to be en-
trusted with such a firearm or ammunition.
(5) A licence, certificate or permit shall not be issued
to any person until the appropriate fee has been paid.
(6) A licence, certificate or permit shall remain in force
for the period specified therein unless sooner revoked or other-
wise terminated.
Firearm User's
(Employee's)
18. (1) Subject to the provisions of this Act, the Com-
certificate. missioner of Police on the application of any person who
is acting with the written consent of the holder of a Firearm
User's Licence in respect of a particular firearm specified
in such application, may grant to such a person a Firearm
User's (Employee's) Certificate which shall authorise such
person to keep, carry and use in connection with the business
of the holder of such Firearm User's Licence for such period
as may be specified therein the particular firearm specified
in such certificate and such ammunition therefor as may be
so specified.
LAWS OF ANTIGUA AND BARBUDA
Firearms (CAP. 171
(2) For the purposes of subsection (I) , where applica-
tion for a Firearm User's (Employee's) Certificate is made
by a public officer for the purpose of the exercise of his func-
tions as such, the Permanent Secretary in the Ministry to
which that public officer is attached shall be deemed to be
the holder of a Firearm User's Licence in respect of any par-
ticular firearm specified in such application.
19. (1) Every licence, certificate or permit shall be F;:;zins as to
in the prescribed form and shall contain the prescribed par- 1iCences,
ticulars and shall specify the conditions (if any) subject to zrfi:ttes and
which it is held, and if so prescribed, shall bear upon it a
photograph of the prescribed dimensions of the person to
whom it is granted and a specimen of the signature of such
person.
(2) Subject to subsection (I), every licence, certificate
or permit shall be subject to the prescribed conditions and
to such other terms and conditions as the Commissioner of
Police may impose.
20. (1) The Commissioner of Police may at any time Amendment of
licences, by notice in writing to the holder of a licence, certificate cer t~~~ ,a te s
or permit vary the conditions other than such conditions as permits.
may be prescribed subject to which such licence, certificate
or permit is held.
(2) A licence, certificate or permit may also on the
application of the holder thereof, be varied from time to time
by the Commissioner of Police.
2 1. The Commissioner of Police may revoke any Revocation of
licences,
licence, certificate or permit- certificates and
permits.
(a) if in case of the holder of a Firearm Dealer's
Licence or a Gunsmith's Licence, such holder is con-
victed of an offence against this Act or of an offence
against the Trade and Revenue Act; Cap. 433.
( 6 ) if he is satisfied that the holder thereof is of
intemperate habits or of unsound mind, or is otherwise
unfit to be entrusted with such a firearm or ammuni-
tion as may be mentioned in the licence, certificate or
permit;
LAWS OF ANTIGUA AND BARBUDA
20 CAP. 171) Firearm5
(G) for non-payment of fees.
Power to call in
firearms and
22. (1) The Commissioner of Police with the approval
of the Minister responsible for the Police may at any time
he considers it necessary or expedient for the purpose of
safeguarding the safety of the public, by Notice published
in the Gazette and in at least one newspaper circulating in
Antigua and Barbuda temporarily suspend any or all licences,
certificates or permits granted by him under this Act and
may by such Notice call upon the holders of such licences,
certificates or permits, to surrender all firearms and ammuni-
tion held by them by delivering the same to a police station.
(2) A person who fails (within such time as is specified
in the Notice) to comply with a Notice under subsection (1)
is guilty of an offence and liable on summary conviction to
a fine of ten thousand dollars or to imprisonment for one year.
Appeals. 23. (1) Subject to this section, any aggrieved party
may appeal to the Minister against any decision of the Com-
missioner of Police:
(a) refusing to grant any application for a licence,
certificate or permit; or
(b) amending or refusing to amend any licence,
certificate or permit; or
(G) revoking or refusing to revoke any licence, cer-
tificate or permit.
(2) Such appeal shall be by Notice in writing served
on the Minister and the Commissioner of Police within ten
days of the decision of the Commissioner of Police.
(3) Upon the determination of any appeal under this
section the Minister shall give to the Commissioner of Police
such directions as the Minister may think fit.
(4) In this section the expression-
(a) "aggrieved party" means the applicant for the
holder of any licence, certificate or permit in respect
of the refusal to grant or the amendment or the revoca-
tion of which any appeal is taken and the owner of the
LAWS OF ANTIGUA AND BARBUDA
Firearms (CAP. 171
firearm or ammunition to which such application,
licence, certificate or permit relates;
( 6 ) "Minister" means the Minister responsible for
the Police. ,
Special Provisions
24. ( 1 ) A holder of a Firearm Dealer's Licence shall Special restr ctions upon
not deal in firearms or ammunition elsewhere than at the holders of
place specified in his licence or in any amendment thereof. gczC;s.Dealer's
( 2 ) A person who contravenes subsection ( 1 ) is guilty
of an offence and liable on summary conviction to a fine
of five thousand dollars or to imprisonment with or without
hard labour for one year; or on conviction on indictment
to a fine or to imprisonment with or without hard labour
for a term not exceeding two years.
25. (1) A person shall not undertake the repair, test Restrictions
relating to
or proof of a firearm or ammunition for any other person gunsmiths,
except under and in accordance with the terms of a
Gunsmith's Licence.
( 2 ) A holder of a Gunsmith's Licence shall not accept
delivery of any firearm or ammunition for the purpose of
effecting any alteration or repair thereto-
( a ) elsewhere than at the premises in respect of
which he is licensed as a gunsmith; and
(6) from any person unless that person produces
or causes to be produced a licence, certificate or permit
authorising him to buy, sell or be in possession of, as
the case may be, such firearm or ammunition.
(3) A holder of a Gunsmith's Licence shall forthwith
record in the records to be kept by him pursuant to section
27 particulars of any licence or certificate produced to him
pursuant to paragraph ( b ) of subsection ( 2 ) , and shall in due
course return such licence or certificate to the person who
produced it.
(4) Every holder of a Gunsmith's Licence who con-
travenes subsection ( 1 ) or (2) is guilty of an offence and liable
on summary conviction to a fine of five thousand dollars
LAWS OF ANTIGUA AND BARBUDA
22 CAP. 171) Firearms
or to imprisonment with or without hard labour for one
year.
Notice to be
displayed by
26. (1) Every holder of a Firearm Dealer's Licence
licensees. or a Gunsmith's Licence shall cause to be affixed and keep
affixed over one of the principal entrances of the place in
which or premises upon which he carries on business as a
firearm dealer or a gunsmith, as the case may be, a board
on which shall be printed in legible letters at least two inches
in height the name in full of such licensee and the words
"Licensed as a firearm dealer'' or "Licensed as a gunsmith"
respectively.
(2) A person who fails to comply with subsection (1)
is guilty of an offence and liable on summary conviction to
a fine of five hundred dollars or to imprisonment for one
year.
Records and
returns.
27. (1) Every licensed dealer shall provide and keep
a register of transactions and s h d enter or cause to be entered
therein such particulars as may be prescribed for all tran-
sactions relating to his business as a licensed 'dealer.
(2) Every such entry shall be made within twenty-four
hours after the transaction to which it relates took place and,
in the case of a sale or transfer, every such licensed dealer
shall at the time of the transaction require the purchaser or
transferee, if not known to him, to furnish particulars suf-
ficient for identification, and shall immediately enter the said
particulars in the register.
(3) Every such licensed dealer shall on demand allow
any police officer duly authorised in writing in that behalf
by the Commissioner of Police or any police officer of or
above the rank of Sergeant to enter and inspect all stock
in hand and shall on request by-
(a) any police officer duly authorised in writing in
that behalf by the Commissioner of Police; or
( b ) an officer of customs; or
(6) any police officer of or above the rank of
Sergeant,
LAWS OF ANTIGUA AND BARBUDA
6 Firearms (CAP. 171 2 3
*
produce for inspection the register required to be kept under
subsection (I), but so that any written authority required
by this subsection shall be produced on demand. e *
f (4) Every person who is required to keep a register of
transactions under subsection (1) shall make such returns
to such authority in such form, in respect of such periods,
at such time and containing such particulars as may be
prescribed.
(5) Every person who contravenes this section or know-
ingly makes any false entry in the register required to be
kept under subsection (1) is guilty of an offence and liable
on summary conviction to a fine of ten thousand dollars or
to imprisonment for two years or to both such fine and
imprisonment.
(6) A person who in furnishing the particulars for any
of the purposes of subsection (2) makes any statement which
he knows to be misleading, false, or deceptive, or by any
dishonest concealment of material facts, or by the reckless
making of any statement (dishonestly or otherwise) misleads
or attempts to mislead any other person, is guilty of an of-
fence and liable on summary conviction to a fine of ten thou-
sand dollars or to imprisonment for two years or to both
such fine and imprisonment.
(7) In this section "licensed dealer" means the holder
of a Firearm Dealer's Licence or a Gunsmith's Licence.
PART I11
Power of Search and to Obtain
Information
28. (1) The holder of a licence or certificate who is Carrying of fire
arms and
thereby authorised to carry a firearm and ammunition in am,un;t;,, in
a public place shall whenever he carries such firearm or public places -
power of police
ammunition in a public place have with him the licence or ., ,,,
certificate in respect of such firearm and ammunition.
(2) Subject to subsection (4), except in the case of a
person exempted by virtue of section 7 , a police officer may
LAWS OF ANTIGUA AND BARI3UDA
CAP. 171) Firearms
require any person whom he sees or whom he believes to
be carrying any firearm or ammunition in any public place
to produce to him his licence or certificate in relation to such
firearm or ammunition and to produce the firearm or
ammunition.
(3) A person so required under subsection (2) who is
so carrying a firearm or ammunition and who fails to produce
the licence or certificate as the case may be, or to permit
the police officer to read the licence or certificate or to pro-
duce the firearm or ammunition or to permit him to examine
the firearm or ammunition for the purpose of verifying the
particulars in the licence or certificate, is guilty of an offence,
and the provisions of subsection (4) as to search, seizure and
retention of firearms and ammunition shall apply in any such
case, and the police officer may, without warrant, arrest such
person or may require that person to declare to him
immediately his name and address.
(4) Where a police officer has reasonable cause to
suspect that any person is carrying a firearm or ammuni-
tion in a public place contrary to any of the provisions of
this Act, the police officer may search that person, and may
seize and retain any firearm or ammunition carried by that
person until such time as legal proceedings against that person
for any offence in relation to such firearm or ammunition
are finally determined, and may without warrant arrest such
person.
(5) A person so required under subsection (3) who
refuses to declare his name and address, or fails to give his
true name and address is guilty of an offence and the police
officer may arrest without warrant any person who refuses
so to declare his name and address, or whom he reasonably
suspects of giving a false name or address or of intending
to abscond.
( 6 ) A police officer authorised in writing by the Com-
missioner of Police may at any ti-me require the holder of
a licence, certificate or permit to produce for inspection the
firearm and ammunition to which it relates, and any person
who without good cause refuses or fails to do so is guilty
of an offence.
LAWS OF ANTIGUA AND BARBUDA
Firearms (CAP. 171 25
(7) A person guilty of an offence under this section is
liable on summary conviction to a fine of five thousand dollars
or to imprisonment for one year.
29. (1) The holder of a licence, certificate or permit ~~,'f;~~,";;,"~
in respect of any firearm or ammunition and any other per- .. amm,,;t;on,
son lawfully in possession of any firearm or ammunition by &c.
virtue of subsection ( 2 ) of section 7 shall, within twenty-four
hours after he discovers the loss or theft of his licence, cer-
tificate or permit, if any, or of such firearm or ammunition,
report the loss or theft at a police station.
(2) A person who fails to comply with subsection ( 1 )
is guilty of an offence and liable on summary conviction to
a fine of one thousand dollars.
30. ( 1 ) A police officer in uniform may stop any Power to stop
and search
vehicle for the purpose of ascertaining whether any firearm
or ammunition is being conveyed therein and may search
without warrant such vehicle, the driver thereof and any per-
son conveyed therein.
(2) A person is guilty of an offence and liable on sum-
mary conviction to a fine of one thousand dollars or to
imprisonment for one year who-
( a ) being the driver or person operating a vehicle
fails to stop the vehicle at the request of a police officer
under this section; or
(6 ) being conveyed in a vehicle, prevents or intimi-
dates the driver thereof or other person operating such
vehicle from stopping at the request of a police officer
under this section; or
(c) escapes or attempts to escape from a vehicle after
a request to stop under this section.
31. ( 1 ) A Magistrate on being satisfied by informa- Search warrants.
tion on oath that there is reasonable ground for suspecting
that an offence under this Act has been, is being, or is about
to be committed, may grant a search warrant authorising
any police officer named therein with the assistance of such
other persons as he may require-
LAWS OF ANTIGUA AND BARBUDA
CAP. 171) Firearms
(a) to enter at any time any premises or place
named in the warrant, if necessary by force, and to
search the premises or place and every person found
therein; and
(b) to seize any firearm or ammunition which he
may find on the premises or in the place, or on any
such person, in respect of which or in connection with
which he has reasonable grounds for suspecting that an
offence under this Act has been, is being, or is about
to be committed and to retain such firearm or ammuni-
tion for so long as may be necessary for the purpose
of any investigation in relation thereto, and where such
investigation results in legal proceedings against any per-
son for any such offence, until such legal proceedings
are finally determined.
(2) Where firearms or ammunition are found on the
premises, the police officer making the search may arrest
without warrant any person found on the premises or in the
place whom he has reason to believe to be guilty of an offence
under this Act other than an offence against section 29.
(3) Every person who hinders or molests or interferes
with any police officer or other person referred to in subsec-
tion ( I ) , doing anything that he is authorised by subsection
(1) to do or prevents or attempts to prevent any police officer
or other such person from doing any such thing, is guilty
of an offence and liable on summary conviction to a fine
of ten thousand dollars or to imprisonment for two years
or to both such fine and imprisonment.
Part IV
Importation of Firearms, Etc.
Restriction on
importation,
32. (1) Notwithstanding any other law but subject
exportation and to section 33 no person may import into Antigua and Barbuda
transhipment any firearm or ammunition, except-
firearms and
ammunition. (a) under and in accordance with the terms of a
Firearm Import Permit (including a permit under sec-
tion 34); or
(b) firearms or ammunition that is cargo properly
manifested to consignees elsewhere than in Antigua and
LAWS OF ANTIGUA AND BARBUDA
Firearms (CAP. 171 27
Barbuda or that are the bonafide stores of any ship, vessel
or aircraft in the custody of the proper officer author-
ised for the purpose.
(2) A person who contravenes or aids or abets any other
person in contravening subsection (1) is guilty of an offence
and liable-
(a) in the case of an offence relating to a prohibited
weapon-
(i) on summary conviction to a fine of ten thou-
sand dollars or imprisonment for two years; or
(ii) on conviction on indictment to imprisonment
for five years;
(6) in any other case-
(i) on summary conviction to a fine of five thou-
sand dollars or to imprisonment for one year;
or
(ii) on conviction on indictment to imprisonment
for two years.
(3) A person is guilty of an offence and liable on sum-
mary conviction to a fine of five thousand dollars or to
imprisonment for one year who, except in accordance with
the permission in writing of the Commissioner of Police under
section 34, exports any firearm or ammunition from Antigua
and Barbuda.
33. (1) Every person who disembarks from any ship, Travellers to
make declaration
vessel or aircraft which comes into Antigua and Barbuda of fire,,, and
from any port or place outside Antigua and Barbuda shall, ammunition.
whether or not required so to do by any officer of customs,
declare to a customs officer whether he has any, and, if so,
what firearms or ammunition in his possession or under his
control.
(2) A person referred to in subsection (1) who has any
firearm or ammunition in his possession or under his con-
trol unless he is the holder of a Firearm Import Permit, shall
either-
LAWS OF ANTIGUA AND BARBUDA
28 CAP. 171) Firearms
(a) cause such firearm or ammunition to be retain-
ed upon the vessel or aircraft upon which he came into
Antigua and Barbuda until after such vessel or aircraft
departs from Antigua and Barbuda; or
(b) deliver such firearm or ammunition to an officer
of customs to be dealt with in accordance with the
regulations.
( 3 ) Without prejudice to any other offence for which
he may be convicted under this Act or any other enactment,
a person is guilty of an offence and liable on summary con-
viction to a fine of ten thousand dollars or to imprisonment
for two years who contravenes or fails to comply with the
provisions of this section or makes a statement which he
knows to be false or does not believe to be true.
Permission to
take firearm
34. (1) Where the holder of a Firearm User's Licence
abroad. is about to go outside Antigua and Barbuda and desires to
take with him the firearm or ammunition to which such
licence relates, he may apply to the Commissioner of Police
in the prescribed form for a permit so to do.
(2) The Commissioner of Police may if he thinks fit
grant a written permit to any such licensee to take the firearm
and ammunition with him, and where such permission is
granted, nothing in section 32 (1) shall be construed so as
to cause such a licensee to be guilty of an offence thereunder
by reason only of his bringing the firearm and ammunition
back into Antigua and Barbuda on the occasion of his return,
save that nothing in this subsection shall affect the opera-
tion of section 33 in relation to such firearm or ammunition.
Special offence
relating to
35. (1) A person is guilty of an offence if without
firearms on lawful authority he has on his person or under his personal
aircraft. control any firearm, ammunition, explosive or offensive
weapon-
(a) when boarding or attempting to board or when
disembarking from any aircraft;
(b ) while on board any aircraft operated by a com-
pany registered in Antigua and Barbuda.
LAWS OF ANTIGUA AND BARBUDA
Firearms (CAP. 171 29
(2) For the purposes of this section a person shall not
be deemed to be acting with lawful authority unless he is
acting in his capacity as a member of the Defence Force
established under the Defence Act, a police officer or as a Cap. 132.
security officer employed by the operators of the aircraft,
save that where the operator is a company registered in
Antigua and Barbuda the security officer shall not be deem-
ed to be acting with lawful authority, unless he is the holder
of a licence or certificate.
(3) A person guilty of an offence under this section is
liable on summary conviction to a fine of fifteen thousand
dollars or to imprisonment for two years or to both such
fine and imprisonment and on conviction on indictment to
a fine or to imprisonment for five years or to both such fine
and imprisonment.
(4) Nothing in this section shall apply to any person
who obtains the prior permission from the Commissioner
of Police to embark or disembark from, or to be on any air-
craft on a flight scheduled to take place exclusively in Antigua
and Barbuda save that the operator of the aircraft may refuse
to accept such a person as a passenger.
(5) In this section-
( < explosive" has the same meaning as in the Explosives Cap. 159.
Act:
' 'offensive weapon" includes-
(a) any article made or adapted for use for causing
injury to the person or intended by the person having
it with him for such use by him, and
(6) any article or device made or adapted for use
for causing damage to any property or intended by the
person having it with him for such use by him;
"security officer" means a person employed by the
operators of an aircraft for the protection of the
aircraft and its passengers while in flight.
(6) For the avoidance of doubt it is hereby declared that
the lawful possession of a licence to carry a firearm in any
LAWS OF ANTIGUA AND BARBUDA
3 0 CAP. 171) Firearms
public place shall not in itself afford a defence to any
proceedings under this section.
Part V
Miscellaneous
Carrying firearm
or ammunition
36. Where any firearm or ammunition is carried in
in parts. parts by two or more persons, each of such persons shall
be deemed to carry a firearm or ammunition.
Regulations and
Orders.
37. (1) The Governor-General may make regulations
for the better carrying out of this Act, and in particular for
prescribing anything required or permitted by this Act to
be prescribed.
(2) The Governor-General may make such Orders as
are required or permitted by this Act to be made by him.
Service of 38. Any notice required or authorised by this Act to
notices.
be given to any person may be sent by registered post in
a letter addressed to him at his last or usual place of abode,
or in the case of the holder of a Firearm Dealer's Licence
or a Gunsmith's Licence at any place or premises in respect
of which the Licence is issued.
Forfeiture and
disposal by
39. Any firearm or ammunition seized and detained
Court. under this Act, may be retained for as long as is necessary
for the purpose of any examination, investigation, inquiry
or legal proceedings; and subject to section 10 a judge or
magistate may, upon application made in such proceedings,
direct such firearm or ammunition to be forfeited or otherwise
disposed of as he considers just.
Appropriate fee. 40. (1) The Governor-General may prescribe fees
(herein called the "appropriate fee") for the purposes of
subsection (4) hereof and subsection (5) of section 17 and
different fees may be prescribed for different classes of holders
of licences, certificates or permits or for different types of
firearms.
(2) Subject to subsection (4), the holder of a Firearm
User's Licence that includes more than one firearm shall
pay the appropriate fee for each firearm included in the
licence.
LAWS OF ANTIGUA AND BARBUDA
Firearms (CAP. 171
(3) Notwithstanding anything herein to the contrary,
no fee shall be payable under this section by the owner of
any slaughtering instrument or of any firearm or ammuni-
tion in respect of which the Commissioner of Police certifies
that he is satisfied that such firearm or ammunition is of
an obsolete type and is not intended by the owner to be used
by himself or by any other person.
(4) The full amount of the appropriate fee shall be
payable in respect of the period commencing with the date
of grant of licence or certificate and ending with the next
succeeding 31st day of May and thereafter shall be payable
in respect of each year in which the licence or certificate is
in force and on or before the 1st day of June in that year
but so, however, that where a licence or certificate is first
granted in the month of May in any year the appropriate
fee shall be deemed to apply to the period ending on the
31st day of May of the next succeeding year, and thereafter
shall be payable in respect of each year as aforesaid.
41. (1) Every person who comes into possession of Custody of
firearms and
any firearm or ammunition in the circumstances specified a,m,nit;on.
in paragraph (i) of subsection (1) of section 7 shall, within
thirty days of coming into possession of such firearm or
ammunition unless he has obtained a Firearm User's Licence
in respect thereof within such period, deliver such firearm
or ammunition to the officer in charge of the police station
nearest to the place at which he comes into possession of
such firearm or ammunition together with a written statement
signed by him as to the date on which, and the circumstances
in which he came into possession of such firearm or
ammunition.
(2) Every person who fails to comply with subsection
(1) is guilty of an offence and liable on summary conviction
to a fine of one thousand dollars.
(3) The holder of a Firearm User's Licence may, if he
does not desire to retain in his possession the firearm or
ammunition to which such licence relates, surrender the
licence and deliver the firearm or ammunition to the officer
in charge of the police station nearest to the place at which
he is ordinarily resident.
LAWS OF ANTIGUA AND BARBUDA
3 2 C A P . 171) Firearms
Evidence.
(4) Every firearm and any ammunition received at any
police station under this section shall-
(a) be delivered to any person who produces a
Firearm User's Licence granted to him in relation to
such firearm or ammunition either before or after the
date on which such firearm or ammunition was receiv-
ed at such police station; or
( 6 ) if not delivered to any person in accordance
with paragraph ( a ) within twelve months of the date on
which it was received at such police station, render the
owner thereof liable thereafter for payment of a storage
fee in such sum or at such rate as may be prescribed
and if such fee is not paid within six months of the expiry
of the period of twelve months aforesaid the firearm or
ammunition, or both as the case may be, shall be
forfeited to the Crown.
42. (1) All documents issued by or under the authori-
ty of the Commissioner of Police shall be received in evidence
in any proceedings for an offence under this Act, in every
case in which the original document would be admissible
in evidence by production of a copy or extract purporting
to be certified by the Commissioner of Police.
( 2 ) Any copy or extract made in pursuance of this sec-
tion may be in print or in writing, or partly in print and
partly in writing.
(3) No proof shall be required of the handwriting or
official position of any person certifying in pursuance of this
section to the truth of any copy of or extract from any
document.
