CAP. 143 FIREARMS ACT BELIZE
FIREARMS ACT
CHAPTER 143
REVISED EDITION 2000
SHOWING THE LAW AS AT 31ST DECEMBER, 2000
This is a revised edition of the law, prepared by the Law Revision Commissioner
under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize,
Revised Edition 1980 - 1990.
This edition contains a consolidation of the following laws- Page
ARRANGEMENT OF SECTIONS 3
FIREARMS ACT 6
Amendments in force as at 31st December, 2000.
BELIZE
FIREARMS ACT
CHAPTER 143
REVISED EDITION 2000
SHOWING THE LAW AS AT 31ST DECEMBER, 2000
This is a revised edition of the law, prepared by the Law Revision Commissioner
under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize,
Revised Edition 1980 - 1990.
This edition contains a consolidation of the following laws- Page
ARRANGEMENT OF SECTIONS 3
FIREARMS ACT 6
Amendments in force as at 31st December, 2000.
THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000
Printed by the Government Printer,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Firearms [CAP. 143
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CHAPRER 143
FIREARMS
ARRANGEMENT OF SECTIONS
Preliminary
1. Short title.
2. Interpretation.
Prohibition against Keeping Firearms without Licence
3. Gun licences.
4. Gun-dealer’s licences.
5. Penalty for not taking out licences.
6. Evidence as to ownership.
Administration of the Act
7. Licences, by whom granted and conditions of issue.
8. Expiry of licences.
9. Surrender of firearms if licence not renewed.
10. Register of licences.
11. Declaration when no licence held the year preceding the application.
12. Importation of firearms.
13. Firearms brought into Belize from neighbouring state, how dealt with.
14. Unlicensed persons selling firearms.
15. Licensed gun-dealers to keep stock books.
16. Prohibition of dealings with gas-discharging weapon.
17. Production of licences.
18. Delivery of firearms or ammunition to carrier.
19. Minister may prohibit carrying or sale of arms.
20. Power to exclude special weapons, etc., from operation of Act.
Search, Arrest and Procedure
21. Production of licences.
22. Power to arrest and search person suspected of carrying firearm, etc.
23. Powers of entry and search.
24. Safe custody of firearms.
25. No cause of action in respect of disposal of firearm.
26. Cancellation of licences and forfeiture of firearms.
27. Publication of cancelled licences.
28. Police may prosecute.
29. Evidence.
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General Offences and Penalties
30. Sale to persons intoxicated or of unsound mind.
31. Forging licence or certificate.
32. General penalty.
Application of Act
33. Application of Act.
34. Offences in respect of persons under 16 years of age.
35. Prohibition on possession, use, etc. of certain firearms.
36. Alteration, etc. of firearms prohibited.
37. Transitional provisions.
38. Possession of firearm with intent to cause unlawful violence.
39. Having firearm with criminal intent.
40. Discharging firearm in public.
41. Prohibition against manufacture of firearms or ammunition.
42. Possession of firearm while under the influence of alcohol, etc.
43. Restriction on the carrying of firearms in certain circumstances.
44. Regulations. _________
SCHEDULE _________
CHAPTER 143
FIREARMS
[1st December, 1913]
Preliminary
1. This Act may be cited as the Firearms Act.
2.-(1) In this Act, unless the context otherwise requires:-
“ammunition” includes gunpowder, nitroglycerine, dynamite, gun-cotton and every other explosive substance whether fitted for use with any firearm or otherwise, but shall not include air gun or air pistol pellets;
“carrier” means any person who receives firearms or ammunition to be delivered by him, for reward or otherwise, to any other person within Belize;
“firearm” includes any weapon or other thing of any description from which any shot, bullet or other missile can be discharged and includes any compo- nent part of any such weapon or other thing and any accessory to any such weapon or thing designed or adapted to diminish the noise or flash caused by firing the weapon or thing, but does not include a toy gun or a toy pistol.
Ch. 171,
R.L., 1958.
CAP. 116,
R.E. 1980-1990.
25 of 1958.
8 of 1962.
3 of 1963.
40 of 1963.
19 of 1966.
6 of 1977.
17 of 1980.
14 of 1982.
3 of 1983.
15 of 1983.
9 of 1987.
22 of 1987.
26 of 1989.
13 of 1990.
6 of 1994.
18 of 1998.
42 of 1999.
44 of 1999.
Short title.
Interpretation.
8 of 1962.
9 of 1987.
18 of 1998.
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the Government of Belize.
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“gun-dealer” means every person who deals in, sells, or makes firearms or
ammunition, or repairs firearms;
“licensed gun-dealer” means a person holding a gun-dealer’s licence under
this Act.
(2) In interpreting this Act, any firearm or kind of ammunition not
coming clearly within the exception shall be deemed to be included in the
definition.
Prohibition against Keeping Firearms
without Licence
3.-(1) Subject to subsection (2), no person shall own, keep, carry, discharge
or use any firearm or ammunition unless he has been granted a gun licence in
Form 1.
(2) Subsection (1) shall not apply to a licensed gun dealer in respect
of any firearm he may possess in the ordinary course of his business or to a
carrier.
(3) No person licensed under subsection (1) shall own or keep a
greater number of firearms or ammunition than is specified in his licence.
(4) Subject to subsections (5) and (6) below, the fees specified in
the Second Column and Third Column of the Table below shall be payable in
advance for the grant of a gun licence specified in the First Column of the
said Table, respectively by a citizen of Belize and by a person who is not a
citizen of Belize:-
Gun licences.
9 of 1987.
Form 1.
3 of 1963.
9 of 1987.
44 of 1999.
TABLE
TYPE OF CITIZEN OF PERSON WHO IS
GUN LICENCE BELIZE NOT A CITIZEN
OF BELIZE
(a) Special Protection $75.00 $500.00
Licence
(b) Gun Repair $200.00 $500.00
Licence
(c) Sport Hunters $150.00 $250.00
Licence
(d) Farmers Gun $5.00 $250.00
Licence
(5) For the purpose of subsection (4) above:-
(a) where a firearm is used for more than one purpose, the
higher of the fees prescribed above for such purposes
shall be payable;
(b) the licence fee for a member of the British Forces Belize
or of any other foreign Force, or a non-national member
of the Belize Defence Force, in respect of a firearm kept
by him for his personal use shall be the same as that
specified for nationals in the Second Column of the
above Table;
(c) the diplomatic personnel accredited to the Government
of Belize by a sovereign State shall pay as administrative
charge the fees specified in the Second Column of the
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above Table in respect of firearms kept by them for their
personal use;
(d) it shall be lawful for the Minister to exempt from the
payment of the fees prescribed in the preceding subsection
any public officer to whom the Minister has given
permission to keep, carry or use a firearm or ammunitition
for his protection in the carrying out of his official duties;
(e) such conditions may be attached to each type of licence
as the Commissioner may consider necessary; and
(f) in the case of a Farmers Gun Licence, the applicant may,
at the time of applying for the licence, request the names
of immediate members of his family or farm workers to
be included in the licence, and the Commissioner of Police
may, if satisified that such persons are not disqualified
from holding a gun licence, include the names of such
other persons in the licence, who may lawfully use the
licensed firearm, and the list of such other persons may
from time to time be amended by the Commissioner of
Police at the request of the holder of the licence.
(6) The Minister may from time to time by Order published in the
Gazette, amend the Table contained in the preceding subsection.
(7) Where a person who is granted a gun licence fails to acquire the
type of firearm shown on his licence within three months of the date of issue,
such gun licence shall automatically become void.
4.-(1)No person shall-
(a) carry on business of a gun-dealer unless he is granted a
Gun-dealer’s
licences.
gun-dealer’s licence in Form 2 authorising him to do so;
(b) carry on the business of gun-dealer at any other place
than the premises specified in the gun-dealer’s licence
granted to him under this section.
(2) A gun-dealer’s licence granted under this section may be
revoked by the Minister, and no subsequent gun-dealer’s licence shall be
granted without the consent of the Minister to any person whose gun-
dealer’s licence has been at any time revoked.
(3) The following fees shall be payable in advance for the grant of a
gun-dealer’s licence under this section, namely-
(i) by a citizen of Belize...............................$650.00;
(ii) by a person who is not a citizen of Belize..$7,000.00.
Provided that the Minister may, by Order published in the Gazette,
vary from time to time the amount of fee payable for the grant of a gun-
dealer’s licence under this section.
5. Every person who contravenes any of the provisions of section 3 or 4
shall be guilty of an offence, and all firearms or ammunition in respect of
which any such contravention is committed shall be liable, on the order of
the court trying any such offence, to be forfeited.
6. The owner or occupier of any land, house or premises in or on which
any firearm or ammunition is found shall, for the purposes of this Act, be
deemed to be the owner or keeper of such firearm or ammunition until the
contrary is proved.
Form 2.
40 of 1963.
9 of 1987.
44 of 1999.
Evidence as to
ownership.
Penalty for not
taking out licences.
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Administration of the Act
7.-(1)Subject to this Act, every licence under this Act shall be granted by the Conunissioner of Police.
(2) No licence shall be granted-
(a) to any person under the age of sixteen years; or
(b) to any person who has been convicted of any crime of violence to the person or of any crime against the public peace within three years immediately preceding the date of his application, except for some special reason shown;
(c) to any person who at the time of his application for a gun licence is already in possession of any firearm, except for some special reason shown; or
(d) to any person who, in the opinion of the Commissioner of Police, is not a fit and proper person to hold any such licence; or
(e) to any person who is unable to show any reasonable ground why a licence should be issued to him; or
(f) in respect of any firearm which in the opinion of the Commissioner of Police is of such a dangerous kind as to be unsafe in the possession of any person;
(g) to any person who has had his previous firearm lost or stolen, and it appears to the Commissioner of Police after due investigation that the loss or theft of the firearm was due to the negligence or fault of such person.
(3) Any person aggrieved by the refusal of the Commissioner of
Police to grant him a licence may, by petition in writing to the Minister, pray
Licences, by
whom granted
and conditions
of issue.
9 of 1987.
44 of 1999.
44 of 1999.
9 of 1987.
9 of 1987
that the Commissioner of Police be directed to grant him a licence, and the
Minister may after such enquiry as he may think fit-
(i) grant the prayer and direct the Commissioner of
Police to grant such licence; or
(ii) decline to interfere with the decision of the
Conunissioner of Police.
(4) No gun-dealer’s licence shall be issued to any person unless
the Commissioner of Police is satisfied that the place in the premises where
that person proposes to keep the firearms or ammunition is reasonably
secure from theft or other crimes against property.
(5) Every gun-dealer’s licence shall clearly state the maximum
number and quantity of firearms and ammunition to be kept.
(6) Every gun-dealer who keeps firearms and ammunition at any
premises other than the premises described in the licence, or in any place in
such premises other than the place approved by the Commissioner of
Police, or keeps any firearms or ammunition in excess of the number and
quantity specified in his licence shall be guilty of an offence, and his licence
shall be forfeited.
8. Every licence granted under this Act shall expire on the following
birthday of the licence holder occuring immediately after the grant of the
licence, but may be renewed for a like period subject to such conditions and
on payment of such fees as may be prescribed.
9.-(1)Where any person has made application for a licence in respect of a
firearm which has been previously licensed and the application is refused,
such person shall forthwith surrender the firearm to the Commissioner of
Police if he resides in the Belize district or, if he resides in any other district,
to the officer in charge of the nearest police station, who shall hand such
9 of 1987.
14 of 1982.
9 of 1987.
Expiry of licences.
44 of 1999.
Surrender of
firearms if licence
not renewed.
19 of 1966
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Belmopan, by the authority of
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firearm to the Commissioner of Police.
(2) Where any firearm has been surrendered under subsection (1)
the owner may, within twelve months of such surrender, sell the firearm to
any person to whom the Commissioner of Police is willing to grant a licence.
Upon the grant of a licence to a purchaser of a firearm which is held by the
Commissioner of Police, such firearm shall be handed to the purchaser.
(3) Where any firearm which has been surrendered under
subsection (1) has not been sold and handed to a purchaser under subsection
(2), such firearm may, not less than twelve months after its surrender, be
disposed of in a manner as the Minister may direct.
10.-(1)The Commissioner of Police shall keep a register in Form 3 of all
licences granted by him under this Act.
(2) At the end of each month, the Commissioner of Police shall
cause a copy of the entries in the register made during that month to be
published in the Gazette.
11.-(1) Every person applying for a licence under this Act, and who had not
held a similar licence for the year immediately preceding the year in respect
of which the licence applied for is to be granted, shall make a declaration as
to whether he had ever been refused a similar licence by the Commissioner
of Police or any other authority competent to grant licences under this Act.
(2) At least one month’s notice of intention to apply for a gun-
dealer’s licence shall be given to the Commissioner of Police.
(3) At the hearing, the application may be opposed by any police or
customs officer.
12. No firearms or ammunition imported into Belize shall be delivered to
any person unless and until such person satisfies the Comptroller of Customs
Register of
licences.
Form 3.
6 of 1977.
9 of 1987.
Declaration when
no licence held
the year
preceding the
application.
Importation of
firearms.
9 of 1987.
14 of 1982
9 of 1987
9 of 1987
that he is licensed under this Act.
13.-(1) Every person entering Belize with firearms or ammunition in his
possession shall forthwith deposit them with the officer or constable in
charge of a police station.
(2) The firearms or ammunition so deposited shall remain in the
custody of the police officer in charge of the police station until the person
depositing them either produces to such police officer a licence under this
Act or satisfies such police officer that he is about to depart forthwith from
Belize, whereupon the firearms or ammunition shall be returned to him.
(3) Every person-
(a) who fails to deposit his firearms or ammunition at a police
station at the first available opportunity under this section;
or
(b) to whom firearms or ammunition are returned on the
ground that he is about to depart forthwith from Belize
who shall not at once depart therefrom by the customary
route,
shall be guilty of an offence.
(4) All firearms and ammunition so deposited shall be stored at the
police station where they were deposited at the risk of the owner and if not
claimed by and returned to the owner within one month from the day when
they were so deposited shall be destroyed or disposed of in a manner as the
Minister may direct.
14.-(1) Every person, other than a licensed gun-dealer, who sells or other-
wise disposes of any firearm or ammunition to any other person in Belize
shall, within fourteen days of such sale or disposition, notify in writing the
Firearms brought
into Belize from
neighbouring
state, how dealt
with.
9 of 1987.
40 of 1963.
Unlicensed
persons selling
firearms.
14 of 1982.
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Commissioner of Police or the police officer in charge of the district where
such person resides, stating the name and address of the person to whom the
firearm or ammunition has been sold or otherwise disposed of.
(2) Every person who contravenes the provisions of subsection (1)
shall be guilty of an offence.
15.-(1) Every licensed gun-dealer shall-
(a) keep on his premises a “stock book” and shall make or
cause to be made an entry therein of all firearms and
ammunition on his licensed premises, and shall immediately
after the receipt of any firearm or ammunition make or
cause to be made therein an entry giving the particulars
of such firearms and ammunition;
(b) immediately after delivery of any firearm or ammunition
from his licensed premises make or cause to be made in
his “stock book”-
(i) an entry of the number of firearms and the quantity
of ammunition delivered by him together with the
number or other identification mark, if any, of each
such firearm;
(ii) the date of delivery of the firearm or ammunition;
(iii) the name and address of the person to whom the
delivery was made;
(iv) the number of the licence produced by the person
to whom the firearm or ammunition was delivered;
and
9 of 1987.
Licensed gun-
dealer to keep
stock books.
17 of 1980.
9 of 1987.
(v) the district from which the licence was granted,
or the circumstances excepting the person from
producing his licence and the cause of the delivery,
whether on sale, hire or otherwise.
(2) The stock book and all arms and ammunition in the possession
and control of such licensed gun-dealer shall be produced by him upon
demand of any police officer for his inspection.
(3) Every person who contravenes any of the provisions of this
section, or who in the sale, purchase, hire or delivery of any firearms or
ammunition knowingly makes or causes to be made any false entry or
statement as to any matter which he is required by this section to make, shall
be guilty of an offence.
16.-(1) No person may without the authority of the Minister import, manu-
facture, sell, purchase, carry or have in his possession any weapon, of
whatever description, designed for the discharge of any noxious liquid, gas
or other thing, or any ammunition containing or designed or adapted to
contain any such noxious thing.
(2) Every person who contravenes this section shall be guilty of an
offence.
17.-(1)Every person who has been granted a licence under this Act shall
carry such licence with him at all times when he is carrying or using the
firearm specified in the licence, and shall produce and deliver such licence to
be examined and read by a police officer on demand.
(2) Every person who contravenes or fails to comply with
subsection (1) above shall be guilty of an offence.
18.-(1) Every person who delivers firearms or ammunition to a carrier to be
delivered by him to any other person within Belize shall, at the time of
Prohibition of
dealings with gas-
discharging
weapon.
Production of
licences.
44 of 1999.
Delivery of
firearms or
ammunition to
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delivery of such firearms or ammunition, give to the carrier a certificate in
writing stating that the person to whom the firearms or ammunition are to be
delivered is licensed under this Act.
(2) A carrier shall not receive firearms or ammunition without, at the
same time, receiving the certificate mentioned in subsection (1), and such
certificate shall be kept by him and be produced by him at the request of any
police officer.
(3) A carrier who has had firearms or ammunition so delivered to
him shall not keep them in his possession for a longer period than is
reasonably necessary for delivering them to the person named in such
certificate.
(4) Every person who fails, in contravention of subsection (1), to
deliver a certificate to a carrier, and any carrier who, in contravention of
subsection (2), receives any firearms or ammunition without at the same
receiving a certificate, or who does not produce and deliver such certificate
to be examined and read by a police officer within a reasonable time after
such officer has requested its production, and any carrier who contravenes
the provisions of subsection (3), shall be guilty of an offence.
19.-(1) The Minister may, from time to time by Order published in the
Gazette, prohibit-
(a) the carrying of firearms or ammunition in any district or
part of Belize;
(b) the carrying of firearms or ammunition by persons who
are not citizens of Belize;
(c) the sale of firearms or ammunition within Belize for such
time as may be specified in the Order, or only allow the
sale thereof within Belize subject to the conditions set
carrier.
9 of 1987.
Minister may
prohibit carrying
or sale of arms.
40 of 1963.
9 of 1987.
out in such Order; or
(d) the sale of firearms or ammunition to persons who are
not citizens of Belize.
(2) Every person who carries any firearms or ammunition in
contravention of the said Order shall be guilty of an offence and shall be
liable to forfeit any such firearms or annnunition.
(3) Every person who sells any firearms or ammunition in
contravention of the said Order shall be guilty of an offence.
20. The Minister may from time to time by Order published in the Ga-
zette declare that any kind of weapon or ammunition specifically named in
the said Order shall be excluded, either for the whole of Belize or any
district in Belize, from the operation of this Act either for a fixed period or
until such time as the Minister shall revoke the said Order by another Order.
Search, Arrest and Procedure
21. Any police officer, or any other person authorised by the Minister,
may-
(a) enter upon any lands for the purpose of requesting any person
possessing, carrying or using any firearm or ammunition to
produce his licence forthwith; and
(b) arrest without a warrant any person possessing, carrying or
using firearms or ammunition without a licence as provided by
this Act who does not satisfactorily account for the non-
production of his licence; and
(c) detain any such firearm or ammunition in his custody until such
time as he can produce it with the person arrested before the
Power to exclude
special weapons,
etc., from
operation of Act.
40 of 1963.
9 of 1987.
Production of
licences.
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the Government of Belize.
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court of summary jurisdiction of the Belize Judicial District or
of the district where the arrest was made.
22. Any police officer may arrest without warrant any person whom he
believes to be in possession of, or to be using or carrying a firearm or
ammunition in contravention of any of the provisions of this Act, and may
search that person and, whether arresting him or not, may seize and detain
any firearm or ammunition in his possession, or used or carried by him.
23.-(1) Any police officer may enter and search all premises of persons
suspected of possessing or selling firearms or ammunition otherwise than in
accordance with this Act and may enter and search any place, vessel, boat or
conveyance in which there is reasonable cause to suspect that any firearms or
ammunition is or are concealed or placed in contravention of this Act.
(2) If upon any such search any firearm or ammunition is found and
no licence under this Act in respect of such firearm or ammunition is
produced the firearm or ammunition may be seized and delivered into the
custody of the officer in charge of the nearest police station, pending further
proceedings in relation to the offence or until the licence is produced.
24.-(1) Any person may hand to an officer in charge of a police station any
firearm which has become unserviceable or which such person no longer
wishes to retain.
(2) Subject to subsection (3)-
(a) where any firearm has been handed to an officer in charge
of a police station under subsection (1); or
(b) where any firearm has come into the possession of any
police officer whether by finding or otherwise and the
owner of such firearm is unknown,
Power to arrest
and search
person
suspected of
carrying firearms,
etc.
Powers of entry
and search.
Safe custody of
firearms.
19 of 1966.
the Commissioner of Police may, not less than six months after such firearm
has been handed in or come into the possession of the Police, publish an
Order in the Gazette setting out-
(i) the details of such firearm;
(ii) the owner’s name if known; and
(iii) the date the firearm came into his possession.
(3) The Order mentioned in subsection (2) shall also state that
unless such firearm is claimed within twenty-eight days of the publication of
the Order, it will be disposed of in a manner as the Minister may direct, and
the Commissioner of Police shall thereafter dispose of it in accordance with
the Minister’s direction.
(4) Notwithstanding anything contained in subsection (2), no such
Order shall be published before 1st January, 1967.
25. No suit or other legal proceedings shall be instituted in any court of
law against the Government, the Commissioner of Police or any other
officer of Government or the Minister in respect of the disposal of any
firearm under section 9 (3) or 24 (3).
26. The Commissioner of Police may in his discretion revoke any licence,
certificate or permit granted under this Act -
(a) if, in the case of a licensed gun dealer, he is convicted of an
offence against this Act or of an offence against the Customs
Regulation Act;
(b) 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 firearm or ammunition as may be mentioned in the licence,
No cause of
action in respect
of disposal of
firearm.
Cancellation of
licences and
forfeiture of
firearms.
18 of 1998.
CAP. 49.
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certificate or permit;
(c) if the licence holder is convicted of any crime of violence to the
person;
(d) if the licence holder is convicted under any of the following
provisions, namely, paragraphs (xvi), (xxii) and (xxiii) of
subsection (1) of section 3, paragraph (xxviii) of subsection (1)
of section 4 and section 14 of the Summary Jurisdiction
(Offences) Act;
(e) for non-payment of fees;
(f) if the licence holder is or becomes a prohibited immigrant for the
purposes of the Immigration Act;
(g) in any other case, if there is some other fit and proper cause.
27.-(1) The Commissioner by the 31st day of December in each year, cause to
be published in the Gazette a list of all the licences revoked by him under this
Act.
(2) The Commissioner shall, immediately on the publication of any
such list mentioned in subsection (1), strike out from the register of licences
kept by him under section 10 the names of all those persons whose licences
have been cancelled, noting in the register the reasons for the cancellation.
28. All offenders under this Act may be prosecuted by any member of the
Police Department before the court of Summary Jurisdiction of the judicial dis-
trict in which the offence was committed.
CAP. 98.
CAP. 156.
Publication of
cancelled
licences.
14 of 1982.
9 of 1987.
Police may
prosecute.
9 of 1987.
42 of 1999.
29. Whenever in any prosecution under this Act the defendant claims to be licensed or claims any qualification or exemption from liability, the burden of proving such licence, qualification or exemption shall lie on him.
General Offences and Penalties
30. Every person who knowingly sells or delivers any firearm or ammuni- tion to any person who is intoxicated or is not of sound mind shall be guilty of an offence.
31. Every person who forges or counterfeits any licence or certificate re- quired by this Act or who knowingly uses any forged licence or certificate shall be guilty of an offence.
32.-(1) Any person who is guilty of an offence against this Act shall, unless otherwise specially provided, be liable on summary conviction to a fine not exceeding five thousand dollars or to imprisonment for any term not exceeding two years, or to both such fine and term of imprisonment:
Provided that the punishment for the first offence under this Act shall not be less than a term of six months’ imprisonment, and the punishment for a second or subsequent offence under this Act shall not be less than a term of eighteen months’ imprisonment:
Provided further that the court may, in the case of a first offence under this Act, refrain from imposing the mandatory custodial sentence prescribed above if there be special extenuating circumstances which shall be recorded in writing, and in lieu thereof, impose a fine of not less than one thousand dollars and in default of payment of such fine, a term of imprisonment of not less than six months.
(2) The expression “special extenuating circumstances” referred to in the second proviso of subsection (1) above shall include the circumstances where:
(a) the convicted person was the holder of a valid firearms li-
Evidence.
Sale to persons
intoxicated or of
unsound mind.
Forging licence
or certificate.
9 of 1987.
General Penalty.
6 of 1994.
15 of 1983.
9 of 1987.
6 of 1994.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Firearms [CAP. 143
[ ]
23
cence before the commission of the offence but the same had
expired and was not renewed inadvertently; or
(b) the convicted person had a reasonable excuse for being in pos-
session of a firearm at the material time.
(3) Notwithstanding anything to the contrary in this or any other
enactment, it shall be within the discretion of the Director of Public Prosecu-
tions whether any offence under this Act shall be prosecuted summarily or on
indictment.
(4) Every person guilty of an offence against this Act shall, in re-
spect of each offence, be liable where the conviction is on indictment, to a fine
not exceeding fifty thousand dollars or to imprisonment for a term not exceed-
ing five years, or to both such fine and imprisonment:
Provided that the punishment of the first offence under this Act shall not
be less than a term of two years’imprisonment and the punishment for a second
or subsequent offence under this Act shall not be less than a term of five
years’ imprisonment:
Provided further that the court may, in the case of a first offence under
this Act, refrain from imposing the mandatory custodial sentence prescribed
above if there be special extenuating circumstances (including those referred
to in subsection (2) above) which shall be recorded in writing, and in lieu
thereof, impose a fine which shall not be less than five thousand dollars and, in
default of payment of such fine, to a term of imprisonment which shall not be
less than two years.
(5) Where any person is convicted of an offence or of an attempt to
commit an offence or of soliciting or inciting the commission of an offence under
this Act the court by which such person is convicted shall order that the firearm,
the subject of the offence, be forfeited; and any currency whether foreign or
Belizean found in his control or possession may be forfeited, if the court is
15 of 1983.
15 of 1983.
9 of 1987.
6 of 1994.
15 of 1983
6 of 1994.
satisfied that the money was intended to be used for an illegal purpose.
(6) Where a person is convicted of an offence or of an attempt to
commit an offence or of soliciting or inciting the commission of an offence
under this Act and the court by which such person is convicted finds that any
vehicle, vessel, aircraft or any other means of conveyance of whatever de-
scription was used or employed by such person for transporting or attempting
or conspiring to transport any firearms or ammunition which are the subject of
the offence of which he is convicted, such vehicle, vessel, aircraft or other
means of conveyance of whatever description shall be forfeited.
(7) If, upon the application of any person (other than the accused
person) prejudiced by a forfeiture order made under subsection (6) above,
the court is satisfied that he did not know, believe or suspect nor had reason-
able grounds to believe or suspect that any such vehicle, vessel, aircraft or
other means of conveyance of whatever description, as the case may be, was
being used or employed in the commission or attempted commission of any
offence under this Act, the court may upon such terms and conditions (if any)
as it thinks fit revoke that order.
(8) An application under subsection (7) above for the revocation of
a forfeiture order shall be made either at the time when such order is made or
within thirty days of the date of the order, unless the court for special reasons
to be recorded in writing, extends such period.
Application of Act
33. This Act shall not apply to any person in the Naval, Military, Air or
Volunteer Forces of Her Majesty, or in the Police Department, or in the Prison
or Revenue Services of Belize keeping, carrying or using any firearms or am-
munition in the performance of his duties or when engaged in target practice or
going to or returning from any place for such purpose.
26 of 1992.
26 of 1992.
26 of 1992.
Application for
Act.
9 of 1987.
26 of 1989.
42 of 1999.
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No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Firearms [CAP. 143
[ ]
25
34.-(1) No person under the age of 16 years shall carry, keep, use, own or
have in his possession any firearm or ammunition.
(2) No person shall sell, lend, give or otherwise dispose of any firearm
or ammunition to any person under the age of 16 years.
(3) Any person who contravenes any of the provisions of this section
shall be guilty of an offence.
35.-(1) Subject to section 33, no person, including a gun-dealer shall own,
keep, carry, use or have in his possession any firearm or ammunition, of the
following description-
(a) rifle of 7.62 or higher calibre;
(b) revolver of .44 or higher calibre;
(c) magnum revolver of .357 calibre;
(d) sawed-off shotgun of any calibre;
(e) machine gun of any calibre.
(2) A gun licence or gun-dealer’s licence granted to any person in
respect of any firearm of the description mentioned in subsection (1) shall be
deemed to have been cancelled on and from the date of commencement of the
Firearms (Amendment) Act 1987, and such person shall surrender such fire-
arm to the Commissioner within one month of such commencement.
(3) Any person who contravenes the provisions of this section shall be guilty
of an offence and shall be liable-
(a) upon summary conviction, to imprisonment for a term which
shall not be less than three years but which may extend to seven
Offences in res-
pect of persons
under 16 years of
age.
3 of 1963.
9 of 1987.
Prohibition on
possession, use,
etc., of certain
firearms.
9 of 1987.
44 of 1999.
9 of 1987.
6 of 1994.
years;
(b) upon conviction on indictment, to imprisonment for a term
which shall not be less than three years but which may extend
to seven years.
(4) Where any firearm or ammunition is surrendered to the Commis-
sioner under subsection (2), a reasonable compensation therefor, based on
the market value of such firearm, shall be paid to the owner within a reason-
able time:
Provided that subject to the directions of the Minister, to be given on
the advice of Cabinet, no compensation shall be payable if such firearm was
being kept contrary to the provisions of this Act or of any other law.
36.-(1) No person shall, without the previous permission in writing of the
Commissioner of Police, in any manner whatsoever add to, alter or tamper
with any firearm for which a gun licence or gun-dealer’s licence has been
granted to him under this Act.
(2) Any person who contravenes the provisions of subsection (1)
shall be guilty of an offence.
37.-(1) Every person, other than a licensed gun-dealer, who at the commence-
ment of the Firearms (Amendment) Act, 1987, owns, keeps or has in his
possession or control any unrifled shotgun or ammunition suitable for use in
such shotgun shall, if he wishes to retain such firearm or ammunition, apply to
the Commissioner of Police for the grant of a gun licence within one month of
such commencement.
(2) Where an application for a gun licence made under subsection
(1) is refused, or where the owner or keeper of such firearm or ammunition
does not wish to retain the same, the applicant or such other person, as the
case may be, shall forthwith surrender such firearm or ammunition to the Com-
44 of 1999.
Alteration, etc., of
firearms prohibited.
9 of 1987.
Transitional
provisions.
9 of 1987.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Firearms [CAP. 143
[ ]
27
missioner of Police, or to the officer in charge of the nearest police station who
shall hand the same to the Commissioner of Police.
(3) Where any firearm or ammunition has been surrendered under
subsection (2) the owner may, within twelve months of such surrender, sell the
firearm or ammunition to any person to whom the Commissioner of Police is
willing to grant a licence, and upon the grant of such licence, such firearm or
ammunition shall be handed to the purchaser.
(4) Where any firearm or ammunition which has been surrendered
under subsection (2) has not been sold or handed to a purchaser under subsec-
tion (3), such firearm or ammunition may, not less than twelve months after its
surrender, be disposed of in a manner as the Minister may direct.
(5) Where any firearm or ammunition is disposed of on the directions
of the Minister under subsection (4), a reasonable compensation therefor, based
on the market value of such firearm or ammunition, shall be paid to the owner
within a reasonable time:
Provided that no compensation shall be payable if such firearm or am-
munition was being kept contrary to the provisions of this Act or of any other
law.
38. It is an offence for a person to have in his possession any firearm or
imitation firearm with intent by means thereof to cause, or to enable another
person by means thereof to cause, any person to believe that unlawful violence
will be used against him or another person.
39.-(1) It is an offence for a person to have with him a firearm or imitation
firearm with intent to commit an offence, or to resist arrest or prevent the arrest
of another, in either case while he has the firearm or imitation firearm with him.
(2) In proceedings for an offence under this section, proof that the
accused had a firearm or imitation firearm with him and intended to commit an
Possession of
firearm with intent
to cause unlawful
violence.
18 of 1998.
Having firearm
with criminal
intent.
18 of 1998.
offence, or to resist or prevent arrest, is evidence that he intended to have it
with him while doing so.
(3) For the purposes of this section and section 38, “imitation firearm”
means anything which has the appearance of being a firearm whether or not it
is capable of discharging any shot, bullet or other missile.
40.-(1) A person shall be guilty of an offence against this Act who discharges
any firearm or ammunition on or within forty yards of any public road or 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) under the direction of some civil or military authority authorized
to give such direction; or
(c) with the permission of the Commissioner of Police, or
(d) for any other lawful excuse or justification.
(2) Where any person is charged with an offence under subsection
(1), the burden of proving that the discharge of the firearm or ammunition in
respect of which the contravention is alleged to have occurred was lawful
within the meaning of paragraphs (a) to (c) of subsection (1) above shall lie on
the person asserting the same.
41.-(1) No person shall manufacture or assemble any firearm or ammunition,
or keep any equipment or paraphenalia capable of use for the making or as-
sembling of firearms or ammunition, without a licence granted by the Commis-
sioner of Police.
(2) Every person who contravenes subsection (1) above shall be guilty
of an offence.
Discharging firearm
in public.
18 of 1998.
Prohibition against
manufacture of
firearms or ammuni-
tion.
18 of 1998.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Firearms [CAP. 143
[ ]
29
42.-(1) Subject to subsection (2) below, it is an offence for a person to have in
his possession any firearm or ammunition while such person is under the influ-
ence of drugs or alcohol above the prescribed limit.
(2) Where a person is charged with an offence under subsection (1)
above, it will be a defence for him to adduce evidence to show that the firearm
was carried in the case of extreme necessity.
(3) For the purpose of this section, the words “drugs”, and “prescribed
limit” shall have the meaning assigned to each of them by section 74G of the
Motor Vehicles and Road Traffic Act.
(4) The provisions of sections 74 C and 74E(3) and (4) of the Motor
Vehicles and Road Traffic Act shall apply, mutatis mutandis, to the provision
of a specimen of blood or urine for a laboratory test under this section by an
accused person to determine the proportion of any drug or alcohol in a speci-
men of blood or urine provided by the accused person.
43. The Minister may, on the recommendations of the Commissioner of
Police, by Regulations made under this Act, restrict the carrying of firearms,
including the carrying of firearms by licence holders, in places of public enter-
tainment or public functions, where he is satisfied that the carrying of firearms in
such circumstances may result in a breach of the peace.
44. The Minister may make Regulations to give better effect to the provi-
sions of this Act, and without prejudice to the generality of the foregoing, such
Regulations may provide for:-
(a) the establishment of a forensic firearms identification system and
the functions of that system;
(b) the requirement that all persons applying for gun licences should
pass a proficiency firearms test;
Possession of
firearm while
under the
influence of
alcohol, etc.
44 of 1999.
CAP. 230.
CAP. 230.
Restriction on
the carrying of
firearms in
certain circum-
stances.
44 of 1999.
Regulations.
44 of 1999.
(c) the requirement that all persons granted gun licences should
deposit with the Firearms Examiner test-fired ammunition,
bullets and cartridges and other information regarding the
identification of their firearms.
(d) restricting the carrying of firearms, including the carrying of
firearms by licence holders, in places of public entertain-
ment or public functions; and
(e) any other matters necessary to give full effect to the provi-
sions of this Act.
_______
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No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Firearms [CAP. 143
[ ]
31
SCHEDULE
FORM I
[Section 3]
Gun Licence
NOT TRANSFERABLE
Licence No. District.
(a)
having paid the sum of is hereby licensed under the
Firearms Act, to keep the following firearms and ammunition, namely:-
(b)
until the 31st December, 20 .
DATED this day of 20 .
Commissioner of Police.
(a) Full name, description and address
(b) Number and description of firearms and quantity and description of ammunition.
CAP. 143.
14 of 1982.
9 of 1987.
FORM 2
[Section 4]
Gun-Deater’s Licence
Licence No. District.
(a)
having paid the sum of is hereby licensed to deal in firearms
and ammunition and to trade as a licensed gun-dealer under the provisions
of the Firearms Act at his premises in
(b)
until the 31st December, 20 .
DATED this day of 20 .
Commissioner of Police.
(a) Full name, description and address.
(b) Address of business premises.
FORM 3
CAP. 143.
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No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Firearms [CAP. 143
[ ]
33
[Section 10]
Register of Licences for Firearms
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9 of 1987.
