037b.fm law REPRINT MALAYSIA PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 in COLLABORATION with MALAYAN LAW JOURNAL SDN BHD and PERCETAKAN NASIONAL MALAYSIA BHD 2006 Act FIREARMS ACT 37 (PENALTY HEAVIER) 1971 Contains all amendments to 1 January 2006 037b.fm Page 1 Tuesday, March 28, 2006 8:50 AM PREPARED for PUBLICATION by the MALAYAN LAW JOURNAL SDN BHD and PRINTED by PERCETAKAN NASIONAL MALAYSIA BERHAD KUALA LUMPUR BRANCH 2006 2 ACT FIREARMS (PENALTY HEAVIER) 1971 date of Assent............ August 30, 1971, the date of publication in the Gazette of ... ... more 2 September 1971 REPRINT BEFORE Reprinting the first............ 1980 Second Reprinting............ 1993 Third Re-printing............ 1999 037b.fm Page 2 Tuesday, March 28, 2006 8:50 AM 3 laws of MALAYSIA Act FIREARMS ACT 37 (PENALTY HEAVIER ARRANGEMENT of SECTIONS) 1971 section 1. Short title, application, commencement and duration of his old 2. Interpretation 3. Penalties for firing a firearm in committing an offence scheduled 3A. Penalty for accomplices in the case of firing firearms 4. Penalties for firearms at shows do something scheduled offence 5. Penalties for any firearm in the scheduled 6 commits an offence. Penalties for the imitation firearms show commits an offence scheduled 7. Penalties for trading firearms 8. Penalties for possession of a firearm with an illegal 9. Penalty as friends with people who carry firearms 10. Jurisdiction of the Court Sessions 11. Special provisions in respect of the transfer of a case to, and trial by the High Court, 12. Guarantee is not allowed on an offence under this Act the TABLE 037b.fm Page 3 Tuesday, March 28, 2006 8:50 AM 037b.fm Page 4 Tuesday, March 28, 2006 8:50 AM 5 laws of MALAYSIA Act FIREARMS ACT 37 (PENALTY HEAVIER) 1971 an act for holding heavier penalties for using a firearm in certain offences and for certain offences in respect of a firearm , and to make special provisions with respect to the Court's jurisdiction with regard to offences under it and his trial.
[Throughout Malaysia — 1 October 1971, P.U. (B) 339/1971]
BE IT enacted by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: short title, application, commencement and duration for 1. (1) this Act may be cited as the Firearms Act (the penalty Heavier) 1971.
(2) this Act shall apply throughout Malaysia.
(3) this Act shall come into operation on such date as the Minister responsible for public order by notification in the Gazette not earlier than the date the notification is published.
(4) this Act shall remain in force until it is cancelled by a resolution passed by both houses of Parliament: provided that the revocation is not touching anything that has been done previously in accordance with this Act.
037b.fm Page 5 Tuesday, March 28, 2006 8:50 AM 6 laws of Malaysia ACT 37 interpretation 2. (1) in this Act — "trade firearms" means — (a) sell or transfer, or store or expose for sale or transferred, any firearm in contravention to subsection 9 (1) of the arms Act 1960 [Act 206];
(b) repair or receiving a firearm to be repaired in contravention to subsection 9 (2) of the Act;
(c) transfer, sell, or offer for sale of a firearm to a person other than a person specified in subsection 11 (1) of the Act; or (d) import a firearm in contravention to subsection 15 (1) of the Act;
(e) (Cut by the Act A266);
"scheduled offence" means any offence set out in the schedule;
"lower court" has the meaning assigned to it in section 3 of the courts of Judicature Act 1964 [Act 91];
"firing" means cause to discharge an eruption, ammunition or much other than a firearm with a explosive charge, and includes the result of a bomb or grenade blasted;
"possession of firearms with illegal" means the possession, care or control of a firearm, or took him, in contravention with the arms Act 1960;
"life imprisonment" means incarceration for a period of the life of the person sentenced is notwithstanding the provisions of section 3 of the Criminal Justice Act 1953 [Act 345] and any other written law to the contrary thereto;
"firearm" means any type of weapon d. berlaras from whom an eruption, ammunition or much other be released with a explosive charge and includes a bomb or grenade containing explosive charge.
037b.fm Page 6 Tuesday, March 28, 2006 8:50 AM Firearms (Heavier Penalties) 7 (2) words and expressions used in this Act contained in the Penal Code [Act 574] each masingnya have the meaning assigned to it in the Code.
Penalties for firing a firearm in committing an offence scheduled 3. A person who at the time of committing or attempting to commit or abetting an offence scheduled firing of a firearm with the intent to be causing death or injury to a person shall be sentenced to death even if there are any injury occurs by reason.
Penalty for accomplices in the case of firing firearms 3A. If, with the intent to be causing death or injury to a person, a person firing a firearm at the time of committing or attempting to commit or abetting an offence scheduled, every one of your friends sejenayahnya about the offence at the place of the offence committed or attempted to be done or disubahati done, which may reasonably be assumed to know that the person has taken or have in his possession or under his custody or control of a firearm shall be , although no any injury caused by the shots of leavers, sentenced to death unless he proves that he took all reasonable steps to prevent the fire leavers.
Penalties for firearms at shows do something scheduled offence 4. A person who at the time of committing or attempting to commit or abetting an offence scheduled or a robbery showed a firearm in a way that is likely to cause fear or injury to a person shall be imprisoned for life and also whipped not less than six times.
037b.fm Page 7 Tuesday, March 28, 2006 8:50 AM 8 laws of Malaysia ACT 37 penalties for any firearm in committing an offence scheduled 5. A person who at the time of committing or attempting to commit or abetting an offence is itself scheduled a firearm shall be imprisonment for life and also whipped not less than six times.
Penalties for gun shows in artificial scheduled 6 commits an offence. A person who at the time of committing or attempting to commit or abetting an offence scheduled shows an imitation firearm in a way that is likely to cause fear or injury to a person shall be imprisoned for a term which may extend to ten years and also whipped not less than three times.
Penalties for trading firearms 7. (1) any person trading firearms shall be punished — (a) dies; or (b) to imprisonment for life and also whipped not less than six times.
(2) any person proved to have more than two firearms with unlawful shall be deemed trade firearms.
Penalties for possession of a firearm with illegal 8. A person who possesses a firearm with unlawful shall be punished by imprisonment for a period that may extend to fourteen years and also whipped not less than six times.
Penalty as friends with people who carry firearms 9. A person who is or appears to have befriended, along with another person who owns a firearm with illegal 037b.fm Page 8 Tuesday, March 28, 2006 8:50 AM Firearms (Heavier Penalty) 9 law in circumstances giving rise to the reasonable assumption that he knows that the other person has had the firearm with unlawful shall be punished by imprisonment for a period that may extend to fourteen years and also whipped not less than six times , unless he proves that he has reasonable grounds to believe that another person has not had the firearms illegal.
Jurisdiction of the Court Sessions 10. (1) Notwithstanding any other law to the contrary, the sessions Court has jurisdiction to try all offences under this Act, other than under section 3 or 3A, and to impose for any offence tried the full sanction/penalties provided for the offence by this Act, except for the death penalty.
(2) Notwithstanding subsection (1), the High Court has jurisdiction to try a case of an offence under this Act, j if Prosecutor require any such cases i tu tried by the High Court.

Special provisions in respect of the transfer of a case to, and trial by the High Court, 11. (1) If a case concerning an offence under this Act is required by the public prosecutor in order to be heard by the High Court, the person accused shall be submitted in the presence of appropriate subordinate court which shall, after the charge explained to the person accused of that, transfer the case to the High Court without convening a preliminary investigation under * Chapter XVII criminal procedure code [Act 593] , and cause the person accused is present or is brought before the Court as soon as practicable.
* NOTE — Chapter XVII and XXII, (XIX) criminal procedure code [Act 593] has now been removed — see section 5 and 11 of the Act criminal procedure code (Amendment) Act 1995 [Act A908].
037b.fm Page 9 Tuesday, March 28, 2006 8:50 AM 10 laws of Malaysia ACT 37 * (2) when the accused person to appear or be brought before the High Court in accordance with subsection (1), the High Court shall set a date for his trial to be held in accordance with the procedure under Chapter XX criminal procedure code.
(3) the trial of a case that has been transferred to the High Court under subsection (1) shall be by a high court judge sitting alone, and * * Chapter XXII (XIX) and the criminal procedure code does not apply for the trial.
(4) subsection (1), (2) and (3) shall have effect notwithstanding any other written law to the contrary.
Guarantee is not allowed on the offences under this Act 12. (1) the guarantee shall not be allowed for someone accused of which an offence under this Act.
(2) subsection (1) shall apply notwithstanding any other written law or any law of law to the contrary.
* NOTE — see section 6 of the Act Firearms (Heavier Penalty) (Amendment) Act 1978 [Act A427] for transitional provisions. * * RECORDS — Chapter XVII and XXII, (XIX) criminal procedure code [Act 593] has now been removed — see section 5 and 11 of the Act criminal procedure code (Amendment) Act 1995 [Act A908].
037b.fm Page 10 Tuesday, March 28, 2006 8:50 AM Firearms (Heavier Penalty) 11 TABLE [section 2] 1. Extortion that.
2. Robbery.
3. Penghalangan or opposition, by a person, against the arrest of himself or another person by a police officer or any other person lawfully authorized to arrest him.
4. Run away from legitimate care.
5. Run people or kidnapping under section 363 to 367 of the Penal Code and section 3 Kidnapping Act 1961 [Act 365].
6. Burglary or breaking into a home under section 454 to 460 of the Penal Code.
037b.fm Page 11 Tuesday, March 28, 2006 8:50 AM 12 laws of MALAYSIA Act FIREARMS ACT 37 (PENALTY HEAVIER) 1971 LIST AMENDMENT of laws that amend the short title effect from Act Firearms Act A256 (Heavier Penalty) (Amendment) Act 1974 08-07-1974 Act A266 arms Act (Amendment) Act 1974, 16-08-1974 A317 Act Firearms Act (Heavier Penalty) (Amendment) order 1975 05-09-1975 A427 Act Firearms Act (Heavier Penalty) (Amendment) Order 1978 10-03-1978 Act 206 arms Act 1960 15-11-1978 037b.fm Page 12 Tuesday, March 28, 2006 8:50 AM 13 laws of MALAYSIA Act FIREARMS ACT 37 (PENALTY HEAVIER) 1971 LIST of SECTION AMENDED Section Power amend the effect from the long Title of the Act A256 08-07-1974 Act A427 10-03-1978 Act A256 08-07-1974 Act A266 16-08-1974 Act A427 10-03-1978 3A Act A256 08-07-1974 4 Act A256 08-07-1974 5 Act A256 08-07-1974 6 Act A256 08-07-1974 7 Act A256 08-07-1974 8 Act A256 08-07-1974 9 Act A256 08-07-1974 10 A317 Act 05-09-1975 Act A427 10-03-1978 11 Act A427 10-03-1978 12 Act A427 10-03-1978 A256 Act Schedule 08-07-1974 037b.fm Page 13 Tuesday, March 28, 2006 8:50 AM