Firearms Legislation in the Caribbean by malj


									                                                            Firearms Legislation in the Caribbean

      Topic        BARBADOS             JAMAICA             ANTIGUA                  T&T                ST.LUCIA            BAHAMAS               GUYANA              BELIZE
Name of            Firearms Act       The Firearms Act    The Firearms Act       Firearms Act          Firearms Act         Firearms Act         Firearms Act         Firearms
Legislation        Chapter 179                              Chapter 171          Chapter 16:01                              Chapter 213          Chapter 16:05      (Amendment)
Commencement            1998                1967                1973                  1971                 2003                  1969                 1940              2002
year                                                                          Amendments-
                                                                              1972, 1979, 1990,
                                                                              1992, 1995, 1995
                                                                              and 2004
Definition of a   Firearm defined     Any lethal          Any lethal          Any lethal barrelled   Any lethal           Any barrelled         Any lethal          Any weapon
firearm           as a gun or other   barrelled weapon    barrelled weapon    weapon from which      barrelled weapon     weapon of any         barrelled weapon    or other thing
                  barrelled weapon    from which any      from which          ammunition can be      capable of           description           of any              of any
                  of any              shot, bullet or     ammunition can      discharged or any      discharging any      capable of            description from    description
                  description from    other missile can   be discharged or    prohibited weapon      shot, bullet and     inflicting injury     which any shot,     from which
                  which any shot,     be discharged.      any prohibited      which includes any     missile, any         from which any        bullet or other     any shot
                  bullet or other                         weapon.             component part of      restricted weapon,   shot, bullet or       missile can be      bullet or other
                  missile can be                                              any such weapon        component part or    other missile can     discharged          missile can be
                  discharged                                                                         accessory to a       be discharged.                            discharged
Licence           Licence required    A Firearm           Person may          A Firearm licence      A firearm user’s     No person shall       No person shall     No person
requirement       to:                 Licence is          purchase, acquire   is required if a       licence authorises   purchase, acquire     purchase, acquire   shall own,
                  use, carry, have    required to:        or have in his      person wishes to be    the holder to use,   or have in his        or have in his      keep, carry,
                  in one’s            import, export,     possession a        in possession of a     possess, purchase    possession any        possession any      discharge or
                  possession,         tranship, carry,    firearm or          firearm                or acquire in        firearm or            firearm or          use any
                  carry,              have in             ammunition only                            accordance with      ammunition            ammunition          firearm or
                  manufacture ,       possession any      if he holds a                              the terms thereof    unless he holds a     unless he holds a   ammunition
                  import or export,   firearm,            Firearm User’s                                                  firearm certificate   firearm licence     unless he has
                  supply any          ammunition          Licence.                                                        in force at the                           been granted a
                  firearm or          or prohibited                                                                       time                                      gun licence
                  ammunition          weapon
Persons           Members of the      Exempted            Members of the      Police officers,       The persons who      All persons who       A registered        The Gun
exempted from     Defence or          persons include     Defence Force       members of the         are exempted         have received         firearms dealer,    dealer must
Licence           Police Force as     those starting      and Police          Defence force are      from being in        written authority     proprietor of a     have a dealers

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requirement        well as Security   races, persons       officers are         the exempted from    possession of a     such as peace       slaughter house,     licence)
                   Personnel are      taking part in       exempted from        carrying licences.   licence include     officers are        member of a rifle    persons in the
                   exempt from the    theatrical           having to obtain a                        customs officers,   exempted from       club,                Naval,
                   requirement of     performances         Firearm’s User’s                          police officers     the licence          (would have had     Military , Air
                   having to obtain                        Licence.                                  and members of      requirement         to obtain some       or Volunteer
                   a licence                                                                         the military                            written              Forces of her
                                                                                                                                             authority),          Majesty,
                                                                                                                                             members of the       Police
                                                                                                                                             naval, military      Department
                                                                                                                                             and air services,
                                                                                                                                             police and prison
                                                                                                                                             officers are
                                                                                                                                             exempted from
                                                                                                                                             having to obtain
                                                                                                                                             a licence
Individual         Commissioner of    The Jamaican         The Firearms         Firearm’s licences   The                 The                 A licence or         Every licence
responsible for    Police             Firearms             Licensing            are obtainable       Commissioner of     Commissioner is     permit shall be      shall be
grant of Licence   responsible for    Licensing            Committee            under the hand of    Police is           Police is           granted by the       granted by the
                   the granting of    Authority is         considers, grants,   the Commissioner     responsible for     responsible for     prescribed           Commissioner
                   Licence            responsible for      revokes all          of Police            the granting of     the granting of     officer but any      of Police. Any
                                      receiving,           licences, permits                         licences            Licences but any    person aggrieved     person
                                      considering          or certificates                                               appeals in relation by the refusal of    aggrieved by
                                      applications for                                                                   to such can be      the prescribed       the refusal of
                                      licenses and                                                                       made to the         officer to grant     the Comm. Of
                                      granting of such.                                                                  Licensing           him a licence or     Police may by
                                      A Review Board                                                                     Authority which     to vary a firearm    petition in
                                      reviews                                                                            is essentially an   licence or to vary   writing to the
                                      applications from                                                                  individual          a licence or         Minister,
                                      aggrieved parties.                                                                 charged with the    revocation of        request make
                                                                                                                         responsibility for such may appeal       enquiries in
                                                                                                                         internal security.  by petition in       relation to the
                                                                                                                                             writing to the       matter.
                                                                                                                                             President whose

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                                                                                                                                                     decision shall be
Penalty for        Any Gunsmith        Persons who          Any person who         Any person who          A firearm dealer     Any person who       A person             No person
Gunsmiths and      or Firearms         import into or       sells or transfers a   sells or transfers a    who sells a          by way of trade or   commits an           shall carry on
Firearm Dealers    Dealer who fails    export from,         firearm or             firearm or              firearm or           business,            offence if he by     business of a
                   to obtain written   tranship any         ammunition to          ammunition to           ammunition to a      manufactures,        way of trade or      Gun Dealer
                   approval in         firearm or           any other person       another person who      person who is not    sells, transfers,    business             unless he is
                   relation to any     ammunition           who does not hold      does not hold or        the holder of a      repairs, exposes     manufacture,         granted a
                   transaction         without a Firearm    or is not exempted     who is exempted         valid licence        for sale any         sell, transfer ,     Gun-Dealers
                   would commit        Import, Export or    from holding a         from holding a          commits an           firearm or           repair, test or      licence
                   an offence which    Transhipment         Firearm User’s         firearm users           offence              ammunition           prove, exposes       authorising
                   may result in       Licence may be       Licence is guilty      licence would be                             unless he is a       for sale any         him to do so
                   2yrs                liable upon          of an offence          guilty of an offence                         firearm dealer       ammunition if he     and in
                   imprisonment, a     conviction to a      which may be                                                        will on summary      has no firearm       contravention
                   fine of $5000.00    fine ranging         punishable with a                                                   conviction be        dealer’s licence     of such shall
                   or both             between $400.00-     fine of $10,000.00                                                  liable to                                 be guilty of an
                                       $1,000.00, 5 yrs     or to 2 to 5 yrs                                                    imprisonment for                          offence.
                                       to life              imprisonment.                                                       three months or a
                                       imprisonment                                                                             fine of $150.00 or
                                                                                                                                to both.

Endangering life   Fine of             A fine not           A person who has       A person who has        A person is not      Any person who       If any person has    It is an
                   $150,000.00 or      exceeding            in his possession      in his possession       allowed to have in   has with him a       in his possession    offence for a
                   imprisonment        $1000.00 or a        any firearm or         any firearm or          his possession any   firearm or           any firearm or       person to have
                   for 25yrs or both   term not             ammunition with        ammunition with         firearm or           imitation firearm    ammunition with      in his
                   will be             exceeding 5 yrs      the intent to          intent by means         ammunition with      with intent to       intent by means      possession
                   applicable where    or life              endanger life or       thereof to endanger     intent to endanger   commit an            thereof to           any firearm or
                   a person is found   imprisonment is      cause serious          life or cause serious   life, threaten or    indictable offence   endanger life or     imitation
                   in possession of    applicable if a      injury to property     injury to property      cause injury to      shall be guilty of   cause serious        firearm with
                   a firearm or        person is found in   whether any            or to enable life or    person or            an offence and       injury to property   intent by

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                   ammunition           possession of a     injury has been       cause serious injury     property. A fine      shall be liable on     or to enable any     means thereof
                   with intent to       firearm or          caused will be        to property or to        of not less than      conviction for a       other person to      to cause, or to
                   endanger life,       ammunition with     guilty of a felony    enable any other         $20,000.00 or         term not               do the same, he      enable
                   cause serious        the intent to       and liable on         person to do such        5yrs                  exceeding 14           shall be guilty of   another by
                   injury to            endanger life or    conviction to         would be liable on       imprisonment          years.                 an offence and       means thereof
                   property             cause serious       10yrs                 conviction to life       would be                                     shall be liable to   to cause any
                                        injury to           imprisonment.         imprisonment             applicable or                                imprisonment for     person to
                                        property.                                                          10yrs if convicted                           life and to          believe that
                                                                                                           on indictment.                               whipping or          unlawful
                                                                                                                                                        flogging             violence will
                                                                                                                                                                             be used
                                                                                                                                                                             against him or
Resisting arrest   Fine of              Person convicted    10 yrs                Every person who         Fine of not less      A person shall be      If any person        It is an
                   $150,000.00 or       for attempting to   imprisonment will     makes or attempts        than $20,000.00       liable on              makes or             offence for a
                   imprisonment         make use of         be applicable in      to make                  or a term of not      conviction to a        attempts to make     person to have
                   for 25yrs or both    firearm or          instances where a     any use whatever of      less than 7yrs if     term of                any use              with him a
                   will be              imitation firearm   person makes or       a firearm or             convicted             imprisonment not       whatsoever of a      firearm or
                   applicable where     to commit or aid    attempts to make      imitation firearm        summarily or not      exceeding 14 yrs       firearm or           imitation
                   a person has in      in commission of    any use whatever      with intent              less than 15 yrs if   if he/she resists or   imitation firearm    firearm with
                   his possession a     offence if          of a firearm or       to commit or to aid      convicted on          prevents the           with intent to       intent to resist
                   firearm or           convicted before    imitation firearm     the commission of a      indictment will be    lawful arrest or       resist or prevent    arrest or
                   imitation firearm    Resident            which is to be        felony or to resist or   applicable for any    detention of           the lawful           prevent the
                   with the intent to   magistrate liable   used in the           prevent the lawful       person who uses a     himself or of any      apprehension or      arrest of
                   resist or prevent    to fine not         commission of an      apprehension or          firearm or            other person           detention of         another.
                   the lawful arrest    exceeding           offence with          detention himself        imitation with the                           himself or any
                   or detention of      $1000.00 or         intent to resist or   or some other            intention to                                 other person, he
                   himself or           imprisonment        prevent the lawful    person, shall be         commit an                                    shall be liable on
                   another              with hard labour    apprehension or       guilty of an             offence or aid in                            conviction on
                                        or term not         detention of          offence. A fine not      the commission of                            indictment to
                                        exceeding 5yrs      himself or some       exceeding $1000.00       an offence, resist                           imprisonment for
                                        and if before a     other person          or imprisonment          or attempt to                                14 years and to

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                                  Circuit judge to                             not exceeding 5 yrs    resist arrest                             whipping or
                                  imprisonment for                             or life                                                          flogging
                                  life with or                                 imprisonment may
                                  without hard                                 be applicable
Possession of   A person found    A person shall         A person who is       No person is           A person shall not
firearm in      in possession of not carry any           not authorised to     authorised to carry    carry a firearm or
public          a loaded or       firearm or             carry a firearm       a firearm or           ammunition in
                unloaded firearm ammunition in           commits an            ammunition in any      any public place
                in a public place any public place       offence if such is    public place or in     unless authorised.
                with any          unless he has a        carried in a public   any way to use such    Contravention
                authority may be permit, certificate     place and this may    firearm or             would result in a
                fined $10,000.00 or licence to do        be punishable by a    ammunition. A fine     fine of not less
                , imprisoned for so. He/she will be      fine of $10,000.00    of $10,000.00 or 5     than $10,000.00,
                5 years or both   liable to a fine not   or 2 yrs              yrs imprisonment or    3yrs
                                  exceeding              imprisonment.         10 yrs                 imprisonment or
                                  $200.00 or                                   imprisonment if        both
                                  imprisonment for                             convicted on
                                  a term not                                   indictment would
                                  exceeding                                    be applicable.
Discharging     A period of not   A person shall         A person would        A person who           A person shall not   Any person who                     A person shall
firearm in      less than 15      not discharge any      be guilty of an       discharges a firearm   discharge any        wantonly                           be guilty of an
public          years but not     firearm or             offence if they       or ammunition on       firearm or           discharges any                     offence who
                more than 25      ammunition on or       discharge any         or within 40metres     ammunition           firearm to the                     discharges
                years will be     within 40 yards        firearm or            of any public road     within 100 yards     annoyance or                       any firearm or
                applicable if a   of any public          ammunition on or      or in any public       of any public road   danger of any                      ammunition
                person            road or public         within 40 yards of    place is liable on     or in any public     person shall be                    on or within
                discharges or     place                  any public road or    summary                place                guilty of an                       40 yards of
                uses a firearm in                        in any public         conviction to a fine                        offence and liable                 any public
                a public place.                          place, except if      of $10,000.00                               on summary                         road or any
                The victim must                          protecting person     unless they do so to                        conviction to                      public place
                be placed in                             or property under     protect their person                        imprisonment for                   unless

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                  danger of death                          the direction of      or property or that                          12 months or to a                        lawfully
                  or serious bodily                        some civil or         of some other                                fine of $300.00 or                       authorised.
                  harm                                     military authority    person                                       to both.
                                                           or if permission
                                                           has been obtained
                                                           from the
                                                           Commissioner of
Trespassing       A person found                                                 A person who                                 Any person who
with firearm      trespassing while                                              enters a building as                         while he has a
                  in possession of                                               a trespasser whilst                          firearm with him
                  a firearm if                                                   having in his                                enters or is found
                  convicted may                                                  possession a                                 in any building as
                  be fined                                                       firearm commits an                           a trespasser and
                  $10,000.00,                                                    offence which is                             without
                  imprisonment of                                                punishable by 2yrs                           reasonable
                  5 years or both                                                imprisonment                                 excuse, the proof
                                                                                                                              whereof shall lie
                                                                                                                              upon him, shall be
                                                                                                                              sentenced on
                                                                                                                              conviction to
                                                                                                                              imprisonment to a
                                                                                                                              term not
                                                                                                                              exceeding six
Authority of      A police officer    Any constable        A police officer      A police officer in    No warrant is         Any peace officer,   Any police          Any police
police officers   may demand any      who sees a person    who has               uniform may stop       required to stop      officer of customs   constable may       officer or any
                  person who he       carrying a firearm   reasonable cause      any vehicle for the    and search a          or any               demand from any     other person
                  believes to be in   or ammunition in     to suspect that any   purpose of             vehicle if a police   government           person whom he      authorised by
                  possession of a     a public place       person is carrying    ascertaining           officer suspects      officer who has      believes to be in   the Minister
                  firearm or          may require such     a firearm or          whether any firearm    that a firearm or     written              possession of a     may arrest
                  ammunition to       person to produce    ammunition in a       or ammunition is       ammunition is         authorisation,       firearm or          without
                  produce the         their Firearm        public place          being conveyed         being conveyed        may demand from      ammunition to       warrant any

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                  relevant licence   User’s permit        contrary to the      therein.               by the driver or       any person who       produce his         person
                  or permit                               Act may be                                  any person in the      either possesses,    firearm licence     possessing,
                                                          arrested without                            vehicle                carries or uses or                       carrying or
                                                          warrant                                                            whom the officer                         using firearms
                                                                                                                             believes to be in                        or
                                                                                                                             possession of a                          ammunition
                                                                                                                             revolver or a                            without a
                                                                                                                             firearm or                               licence
                                                                                                                             ammunition to
                                                                                                                             produce a licence
                                                                                                                             or certificate as
                                                                                                                             the case may be.
Prohibited        A convicted        Persons under the    Licence,             Persons under the      Persons under the      Intemperate          Person under the    These persons
persons           person, one who    age of 17yrs are     certificate or       age of 25yrs or        age of 18yrs , of      persons, those of    age of 18yrs,       include those
                  is under the age   prohibited from      permit may be        unsound mind are       unsound mind,          unsound mind or      drunk or insane     under 16
                  of 25years, of     purchasing,          revoked if person    prohibited from        considered to be       unfit to be          persons, holders    years, any
                  unsound mind or    acquiring, selling   found to be of       dealing in any way     unfit or have a        entrusted with a     of a convicts       person whom
                  suffering from a   or transferring a    intemperate          with a firearm         violent nature are     firearm or whom      licence and         the
                  mental             firearm or           habits, unsound                             prohibited from        the Commissioner     persons subject     Commissioner
                  deficiency will    ammunition           mind or otherwise                           obtaining licences     believes to be       to the              deems not to
                  be prohibited      unless they obtain   unfit to be                                                        prohibited by the    supervision of      be a fit and
                  from obtaining a   a Firearm Users      entrusted with                                                     Act.                 the police under    proper person
                  firearm licence    or Dealers           firearm or                                                                              the Prevention of   to hold a
                                     Licence              ammunition.                                                                             Crimes Act shall    licence,
                                                                                                                                                  not be holders of   persons
                                                                                                                                                  a firearms          convicted of
                                                                                                                                                  licence.            crimes within
                                                                                                                                                                      the past 3
Loss of firearm   A person who is    A holder of a        The loss of any      The theft of any       A person who is                             The loss of a
                  the holder of a    licence,             firearm or           firearm must be        the holder of a                             firearm or any
                  firearm licence    certificate or       ammunition must      reported to a police   firearm licence                             ammunition shall
                  and fails to       permit or any        be reported within   station within 24hrs   shall, as soon as is                        be reported

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inform the          person lawfully in   24 hours of the       of such theft   reasonably                     immediately to
Commissioner of     possession of a      theft to the police                   practicable, but in            the police
the loss or theft   firearm or           and failure to                        any event not later
will be liable to   ammunition must      comply would                          than 72 hours
a fine of           within 48 hours      result in a fine of                   after
$50,000.00 or       of the discovering   $1000.00                              the loss is
imprisonment of     the loss/theft                                             discovered,
5ys or both         report such to a                                           inform the
                    police station.                                            Commissioner
                    Failure to do so
                    would result in a
                    fine not
                    $500.00 or
                    imprisonment not
                    exceeding 12mths

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