Firearms Amendment Act 1995

Link to law: http://www.bermudalaws.bm/Laws/Annual%20Laws/1995/Acts/Firearms%20Amendment%20Act%201995.pdf

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Firearms Amendment Act 1995
The Laws of Bermuda
Annual Volume of Public Acts 1995 : 2

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BERMUDA
1995 : 2

FIREARMS AMENDMENT ACT 1995

[Date of Assent 23 February 1995]

[Operative Date 6 October 1995]

WHEREAS it is expedient to amend the Firearms Act 1973:

Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:

Short title
1 This Act may be cited as the Firearms Amendment Act 1995.

Repeal and replacement of s 30A of Act No 121 of 1973
2 Section 30A of the Firearms Act 1973 is repealed and the
following section is substituted—

"Punishment for other offences
30A (1) A person found guilty of an offence under this Act
other than an offence under subsection (1) of section 30 or than
an offence specified in subsection (2) or (3) of this section shall—

(a) on conviction on indictment—

FIREARMS AMENDMENT ACT 1995

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(i) in the case of a first offence, except as
provided in sub-paragraph (ii), be
sentenced to imprisonment for not less

The Laws of Bermuda
Annual Volume of Public Acts 1995 : 2

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than 5 years and not more than 15
years; and

(ii) in the case—

(aa) of a second or subsequent
offence; or

(bb) of a first offence committed by a
person who, prior to the
commencement of the Firearms
Amendment Act 1994, was
convicted of an indictable
offence, or an attempt to commit
an indictable offence, in the
course of which or during his
flight after which he used a
firearm,

be sentenced to imprisonment for not less than
10 years and not more than 20 years;

(b) on summary conviction—

(i) in the case of a first offence, except as
provided in sub-paragraph (ii), be liable
to imprisonment for a term not excee-
ding 2 years or to a fine not exceeding
5,000 dollars, or to both such
imprisonment and fine;

(ii) in the case—

(aa) of a second or subsequent
offence; or

(bb) of a first offence committed by a
person who, prior to the
commencement of the Firearms
Amendment Act 1994, was
convicted of an indictable
offence, or an attempt to commit
an indictable offence, in the
course of which or during his
flight after which he used a
firearm,

FIREARMS AMENDMENT ACT 1995

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be liable to imprisonment for not more
than 10 years.

The Laws of Bermuda
Annual Volume of Public Acts 1995 : 2

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(2) In relation to a person found guilty of an offence
under section 2, 3, 4, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 or
32 of this Act, subsection (1) of this section shall have effect
mutatis mutandis and with the following modifications—

(a) in paragraph (a), "5", "15", "10" and "20" shall be
deleted and "10", "15", "15" and "20" shall
respectively be substituted;

(b) in paragraph (b)—

(i) "2" and "5,000" shall be deleted from
sub-paragraph (i) and "5" and "10,000"
shall respectively be substituted; and

(ii) "be liable to imprisonment for" shall be
deleted from sub-paragraph (ii) and "be
sentenced to imprisonment for not less
than 2 years and" shall be substituted.

(3) In relation to a person found guilty of an offence
under section 24 or 25 of this Act, subsection (1) of this section
shall have effect mutatis mutandis and with the following
modifications—

(a) in paragraph (a), "5", "15", "10" and "20" shall be
deleted and "12", "17", "17" and "20" shall
respectively be substituted; and

(b) in paragraph (b)—

(i) "2" and "5,000" shall be deleted from
sub-paragraph (i) and "7" and "15,000"
shall respectively be substituted; and

(ii) "be liable to imprisonment for" shall be
deleted from sub-paragraph (ii) and "be
sentenced to imprisonment for not less
than 3 years and" shall be substi-
tuted.".

Commencement
3 This Act comes into operation on such day as the Premier may
appoint by order published in the Gazette.

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