Firearms
“The Firearms Act” AN ACT to regulate and control the circulation and use of firearms and ammunition, and for incidental and connected purposes.
Key Definitions
Firearm means: any lethal barreled weapon from which any shot, bullet or other missile can be discharged, or any restricted weapon or, unless the context otherwise requires, any prohibited weapon, and includes any component part of any such weapon and any accessory to any such weapon designed or adapted to diminish the noise or flash caused by firing the weapon, but does not include an air rifle, air gun, or air pistol of a type prescribed by the Minister and of a caliber so prescribed;
Ammunition means: ammunition for a firearm and includes restricted ammunition.
Firearm User’s Licence means: a licence authorizing the holder thereof, and to the terms and conditions specified in the licence, to be in possession of the firearm or ammunition so specified.
Firearm User’s Permit means: a permit authorizing the holder thereof to be in possession of a specified firearm or ammunition in a specified place upon such occasion as may be specified.
Prohibited Weapon means:
-Any artillery or automatic firearm; or
-Any grenade, bomb or other like missile.
Restricted ammunition means: ammunition containing or designed to contain any noxious liquid, gas or other thing.
Restricted person means: a person who has at any time within five years next before the event in relation to which the term is used.
Application Procedure
Forms obtained at Police Headquarters must be filled out with all the relevant information, including grounds/purposes for which the possession of a firearm is desired.
A fee of One Hundred Eastern Caribbean Dollars (EC$100.00) must be paid to the Government Treasury and receipt should accompany form on return along with three passport size photographs.
There is also a user’s fee of Fifty Eastern Caribbean Dollars (EC$50.00) if the user is different from the holder, i.e. in the case of someone employing another person who will be using the firearm.
Vetting must be conducted by the Police to ascertain the character and credibility of the applicant prior to issuing the licence, permit or certificate.
General provisions as to licences, certificates and permits
Every licence, certificate or permit shall be in the prescribed form and shall contain the prescribed particulars and shall specify the conditions (if any) subject to which it is held, and if so prescribed, shall bear upon it a photograph of the prescribed dimensions of the person to whom it is granted and a specimen of the signature of such person.
Duration of Licence or Permit
Every permit, except a Firearm User’s (Special) Permit, shall continue in force until the act authorized to be done by such permit has been done or the expiration of the period specified in such permit, whichever shall occur first.
A fee of One Hundred Eastern Caribbean Dollars (EC$100.00) is due at the end of every financial year to be paid at the government treasury by holders of firearm licences and permits. However, every licence shall continue in force for five (5) years from the day on which it is granted.
Amendment of Licences, Certificates, and Permits.
The appropriate authority may at any time by notice in writing to the holder of a licence, certificate or permit vary the conditions subject to which such licence, certificate or permit is held except such of them as may be prescribed.
Every person who fails without lawful excuse (the proof whereof shall lie on such person) to comply with a notice under this section requiring him to deliver up a licence, certificate or permit to the appropriate authority shall be guilty of an offence and liable, on summary conviction, to a fine of five hundred dollars and to imprisonment for three months.
Revocation of Licences
The appropriate authority may revoke any licence, certificate or permit if-
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He is satisfied that the holder thereof is of intemperate habits or of unsound mind, or is otherwise unfit to be entrusted with such a firearm or ammunition as may be mentioned in the licence, certificate or permit; or
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The holder thereof fails to comply with a notice under section 35.
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The authority should give such notice to the holder in writing specifying that such permit or certificate is revoked.
General restriction upon carrying firearms and ammunition in public place
A person shall not carry any firearm or ammunition in a public place unless at the time when he carries such firearm or ammunition he has about his person a licence, certificate or permit granted by the appropriate authority, authorizing him to carry such firearm or ammunition in such a place as determined by the Minister, a Firearm User’s (Special) Permit authorizing him to carry such firearm or ammunition in such place on such occasion.
Every person who contravenes the above section shall be guilty of an offence and, on summary conviction, liable to a fine of five hundred dollars and to imprisonment for three months.
No person shall carry a firearm or ammunition in any public place within an area, parish, district, town or village to which this section applies, except in accordance with the terms of a Firearm User’s (Special) Permit.
Anyone who contravenes this section shall be guilty of an offence and be liable-
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On summary conviction, to a fine of three thousand dollars and to imprisonment for six months;
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On conviction on indictment, to a fine and to imprisonment for three years.
Restrictions relating to the discharge of firearms and ammunition
A person shall not discharge any firearm or ammunition on, or within forty yards of, any public road or in any public place except-
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In the lawful protection of his person or property or of the person or property of some other person; or
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In the lawful shooting of a trespassing; or
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Under the direction of some civil or military authority authorized to give such direction; or
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With the permission of the Minister.
Penalty for possessing firearms or ammunition with intent to injure
Every person who has in his possession any firearm or ammunition with intent by means thereof to endanger life or cause serious injury to property, or to enable any other person to endanger life or cause serious injury to property or not, be guilty of an offence and liable, on conviction on indictment, to imprisonment for ten years.
We urge persons in possession of firearm holders and User’s Licences, Certificates and Permits to be mindful that possession of a licence does not preclude them from the laws that governs the Firearm Act, but they should serve as a guide to them. Lives are precious and invaluable and cannot be replaced.