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No. ] Firearms (Amendment) Act [ 2022

EXPLANATORY NOTE
FIREARMS (AMENDMENT) BILL

1. The Bill for consideration is the Firearms (Amendment)

Bill (the Bill).
2. The purpose of the Bill is to amend the Firearms Act, Cap.
14.12 (the Act).
3. Clauses 1 and 2 of the Bill provide for the short title and
interpretation of the Bill.
4. By clause 3 of the Bill, section 3 of the Act (Prohibited
weapons and ammunition) is amended to provide for
a penalty, for a summary conviction, to a minimum
fine of thirty thousand dollars or to imprisonment for a
minimum term of ten years or to both and to increase the
penalty, for a conviction on indictment, to imprisonment
for a minimum term of twenty-five years, for the use,
acquisition, possession, import or manufacture of a
prohibited weapon or ammunition.
5. By clause 4 of the Bill, section 15 of the Act (Firearm dealer
licence) is amended to increase the penalty, for a summary
conviction, to a minimum fine of thirty thousand dollars
or to imprisonment for a minimum term of ten years
or to both and to increase the penalty, for a conviction
on indictment, to imprisonment for a minimum term of
twenty-five years, for failing to keep a proper register of
firearms and ammunition.
6. Under clause 5 of the Bill, section 16 of the Act (Converting
firearm) is amended to increase the penalty, for a summary
conviction, to a minimum fine of thirty thousand dollars
or to imprisonment for a minimum term of ten years
or to both and to increase the penalty, for a conviction
on indictment, to imprisonment for a minimum term of
twenty-five years, for shortening the barrel of a shot gun
or converting anything into a firearm.
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No. ] Firearms (Amendment) Act [ 2022

7. By clause 6 of the Bill, section 21 of the Act (Firearm

import or export licence) is amended to increase the
penalty, for a summary conviction, to a minimum fine of
thirty thousand dollars or to imprisonment for a minimum
term of ten years or to both and to increase the penalty,
for a conviction on indictment, to imprisonment for a
minimum term of twenty-five years, for importing or
exporting a firearm or ammunition without a licence.
8. By clause 7 of the Bill, section 22 of the Act (Prohibition
against possession without a licence) is amended to increase
the penalty, for a summary conviction, to a minimum
fine of thirty thousand dollars or to imprisonment for a
minimum term of ten years or to both and to increase the
penalty, for a conviction on indictment, to imprisonment
for a minimum term of twenty-five years, for the
possession or control of a prohibited weapon without a
licence.
9. Under clause 8 of the Bill, the Act is amended in section
24 (Prohibition against carrying a firearm or ammunition
in public place) to increase the penalty, for a summary
conviction, to a minimum fine of thirty thousand dollars
or to imprisonment for a minimum term of ten years
or to both, for carrying a firearm or ammunition in a
public place without a licence or while drunk or under
the influence of drugs.
10. Clause 9 of the Bill provides for an amendment to section
26 of the Act (Possession of firearm with intent to injure)
to increase the penalty, for a summary conviction, to a
minimum fine of thirty thousand dollars or to imprisonment
for a minimum term of ten years or to both and to
increase the penalty, for a conviction on indictment, to
imprisonment for a minimum term of twenty-five years,
for the possession of a firearm with an intention to threaten
or endanger life or property.
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No. ] Firearms (Amendment) Act [ 2022

11. Under clause 10 of the Bill, section 27 of the Act (Use

of firearm or imitation firearm with intent to commit
offence) is amended to increase the penalty, for a summary
conviction, to a minimum fine of thirty thousand dollars
or to imprisonment for a minimum term of ten years
or to both and to increase the penalty, for a conviction
on indictment, to imprisonment for a minimum term of
twenty-five years, in addition to any other penalty a person
is liable under the Act, for the use of a firearm or imitation
firearm with the intention to commit an offence.
12. By clause 11 of the Bill, section 28 of the Act (Restriction
on sale of firearm or ammunition) is substituted to provide
for the offence of manufacturing, selling, transferring,
lending, repairing or modifying a firearm or ammunition
and for a penalty, for a summary conviction, to a minimum
fine of thirty thousand dollars or to imprisonment for a
minimum term of ten years or to both and for a conviction
on indictment, to imprisonment for a minimum term of
twenty-five years.
13. By clause 12 of the Bill, section 29 of the Act (Restriction
on sale of ammunition) is substituted to provide for
the offence of removing or altering the markings on a
firearm or ammunition and for a penalty, for a summary
conviction, to a minimum fine of thirty thousand dollars
or to imprisonment for a minimum term of ten years or to
both and for a conviction on indictment, to imprisonment
for a minimum term of twenty-five years.
14. By clause 13 of the Bill the new sections 29A (Restriction on
exposure for sale or transfer and possession of a firearm)
and 29B (Prohibition on disposing or destroying a firearm
or ammunition) are inserted in the Act to provide for the
offence of exposing, possessing, disposing or destroying
a firearm or ammunition and for a penalty, for a summary
conviction, to a minimum fine of thirty thousand dollars
or to imprisonment for a minimum term of ten years or to
both and to a penalty, for a conviction on indictment, to
imprisonment for a minimum term of twenty-five years,.
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No. ] Firearms (Amendment) Act [ 2022

15. By clause 14 of the Bill, a new section 31A (Prohibition

against illicit trafficking in firearms or ammunition) is
inserted in the Act to provide for a penalty, for a conviction
on indictment, to a minimum fine of one hundred and fifty
thousand dollars or to imprisonment for a minimum term
of twenty-five years or to both, for trafficking firearms
or ammunition.
16. By clause 15 of the Bill, section 39 of the Act (Power
to stop and search vehicle) is amended to increase the
penalty to a minimum fine of thirty thousand dollars or
to imprisonment for a minimum term of ten years or to
both, for failing to submit to a vehicle stop and search by
a police officer.
17. Clause 16 of the Bill provides for an amendment to
section 40 of the Act (Search warrant) to increase the
penalty to a minimum fine of fifteen thousand dollars or
to imprisonment for a minimum term of two years, or to
both, for obstructing or interfering with a police officer
conducting a search with a warrant.
18. Clause 17 of the Bill provides for an amendment to
section 47 of the Act (Compulsory imprisonment) to
increase the penalty to imprisonment for a minimum term
of twenty-five years for a person, other than a juvenile,
who uses a firearm in the commission of an offence
including kidnapping and robbery, obstructing a police
officer while exercising his or her duty or threatening
or causing injury to the Governor General, a member of
Parliament, a judge or a public officer.
19. By clause 18 of the Bill, section 50 of the Act (Inquiry by
appropriate authority) is amended to increase the penalty
to a minimum fine of twenty-five thousand dollars or
to imprisonment for a minimum term of three years or
to both, in cases where an inquiry into the purchase
of ammunition is made and the person subject to the
inquiry fails to provide any information requested by
the appropriate authority or fails to appear before the
authority, if so required.
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20. By clause 19 of the Bill, a new section 50A (Controlled

delivery of firearms and ammunition) is inserted in the Act
to allow the Minister to enter into an agreement or make
arrangements for the controlled delivery of a firearm or
ammunition to identify a person who commits an offence
under the Act.
21. By clause 20 of the Bill, section 52 of the Act (General
penalty provision) is amended to provide for a penalty,
for a summary conviction, to a minimum fine of thirty
thousand dollars or to imprisonment for a minimum term
of ten years or both and to increase the penalty, for a
conviction on indictment, to imprisonment for a minimum
term of twenty-five years for offences committed under
the Act for which a penalty is not specified.
22. By clause 21 of the Bill, Section 53 of the Act (Regulations)
is amended to provide for the Minister to make Regulations
for the importation, sale and possession of tasers, air
rifles, air guns and air pistols.
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No. ] Firearms (Amendment) Act [ 2022

SAINT LUCIA

No. of 2022

ARRANGEMENT OF SECTIONS

Section
1. Short title
2. Interpretation
3. Amendment of section 3
4. Amendment of section 15
5. Amendment of section 16
6. Amendment of section 21
7. Amendment of section 22
8. Amendment of section 24
9. Amendment of section 26
10. Amendment of section 27
11. Substitution of section 28
12. Substitution of section 29
13. Insertion of new sections 29A and 29B
14. Insertion of new section 31A
15. Amendment of section 39
16. Amendment of section 40
17. Amendment of section 47
18. Amendment of section 50
19. Insertion of new section 50A
20. Substitution of section 52
21. Amendment of section 53
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No. ] Firearms (Amendment) Act [ 2022

I Assent

[L.S.]

SAINT LUCIA
No. of 2022

AN ACT to amend the Firearms Act, Cap. 14.12.

[ ]

BE IT ENACTED by the Queen’s Most Excellent Majesty, by

and with the advice and consent of the House of Assembly and the
Senate of Saint Lucia, and by the authority of the same, as follows:
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No. ] Firearms (Amendment) Act [ 2022

Short title
1. This Act may be cited as the Firearms (Amendment) Act,
2022.

Interpretation
2. In this Act, “principal Act” means the Firearms Act, Cap.
14.12.

Amendment of section 3
3. Section 3 of the principal Act is amended by deleting subsection
(3) and by substituting the following —
“(3) Despite any provision to the contrary in any other enactment,
a person who contravenes subsection (1) commits an offence
and is liable —
(a) on summary conviction, to a fine not less than fifty
thousand dollars or to imprisonment for a term not
less than ten years or to both;
(b) on conviction on indictment, to imprisonment for a
term not less than twenty-five years.”.

Amendment of section 15
4. Section 15 of the principal Act is amended by deleting
subsection (8) and by substituting the following —
“(8) A person who contravenes this section commits an offence
and is liable —
(a) on summary conviction, to a fine not less than thirty
thousand dollars or to imprisonment for a term not
less than ten years or to both;
(b) on conviction on indictment, to imprisonment for a
term not less than fifteen years.”.
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No. ] Firearms (Amendment) Act [ 2022

Amendment of section 16
5. Section 16 of the principal Act is amended by deleting
subsection (3) and by substituting the following —
“(3) A person who contravenes this section commits an offence
and is liable —

(a) on summary conviction, to a fine not less than thirty
thousand dollars or to imprisonment for a term not
less than ten years or to both;
(b) on conviction on indictment, to imprisonment for a
term not less than twenty-five years.”.

Amendment of section 21
6. Section 21 of the principal Act is amended by deleting
subsection (2) and by substituting the following —
“(2) A person who contravenes subsection (1) commits an
offence and is liable —
(a) on summary conviction to a fine not less than thirty
thousand dollars or to imprisonment for a term not
less than ten years or to both;
(b) on conviction on indictment to imprisonment for a
term not less than twenty-five years.”.

Amendment of section 22
7. Section 22 of the principal Act is amended by deleting
subsection (4) and by substituting the following —
“(4) A person who contravenes subsection (1), (2) or (3)
commits an offence and is liable —
(a) on summary conviction, to a fine not less than thirty
thousand dollars or to imprisonment for a term not
less than ten years or to both;
(b) on conviction on indictment, to imprisonment for a
term not less than twenty-five years.”.
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No. ] Firearms (Amendment) Act [ 2022

Amendment of section 24
8. Section 24 of the principal Act is amended, in subsection (4),
by deleting the words “on conviction to a fine of not less than $10,000
or to imprisonment for a term of not less than 3 years or both” and
by substituting the words “on summary conviction to a fine not less
than thirty thousand dollars or to imprisonment for a term not less
than ten years or to both”.
Amendment of section 26
9. Section 26 of the principal Act is amended by deleting
subsection (2) and by substituting the following —
“(2) A person who contravenes subsection (1) commits an
offence and is liable —
(a) on summary conviction, to a fine not less than thirty
thousand dollars or to imprisonment for a term not
less than ten years or to both;
(b) on conviction on indictment, to imprisonment for a
term not less than twenty-five years.”.
Amendment of section 27
10. Section 27 of the principal Act is amended by —
(a) deleting subsection (2) and by substituting the following —
“(2) A person who contravenes subsection (1) commits
an offence and is liable —
(a) on summary conviction, to a fine not less than
thirty thousand dollars or to imprisonment for a
term not less than ten years or to both;
(b) on conviction on indictment, to imprisonment for
a term not less than twenty-five years.”;
(b) inserting immediately after subsection (2) the following
new subsection (3) —
“(3) A penalty imposed under subsection (2) may be in
addition to any other penalty —
(a) to which a person is liable, for the offence he or
she may have committed or attempted to commit;
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No. ] Firearms (Amendment) Act [ 2022

(b) for the offence of resisting arrest or attempting to

prevent the lawful arrest of himself or herself or
any other person.”.

Substitution of section 28
11. The principal Act is amended by deleting section 28 and by
substituting the following —
“Restriction on manufacturing, selling, transferring, lending,
repairing, modifying, testing or proving a firearm or ammunition
28.—(1) A person shall not manufacture, sell, transfer, lend,
repair, modify, test or prove a firearm or ammunition.
(2) An offence is not committed under subsection (1), if a
firearm dealer sells a firearm or ammunition to a person and
at the time of the sale, the person purchasing —
(a) is the holder of and produces a valid licence;
(b) is exempted from the requirements of this Act under
section 23.
(3) A person or a firearm dealer who contravenes subsection (1)
or (2), commits an offence and is liable —
(a) on summary conviction, to a fine not less than thirty
thousand dollars or to imprisonment for a term not
less than ten years or to both;
(b) on conviction on indictment, to imprisonment for a
term not less than twenty-five years.”.
Substitution of section 29
12. The principal Act is amended by deleting section 29 and by
substituting the following —
“Prohibition on removal or alteration of markings on a firearm
or ammunition
29.—(1) A person shall not remove or alter the markings
on a firearm or ammunition.
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No. ] Firearms (Amendment) Act [ 2022

(2) A person who contravenes subsection (1) commits

an offence and is liable —
(a) on summary conviction, to a fine not less than thirty
thousand dollars or to imprisonment for a term not
less than ten years or to both;
(b) on conviction on indictment, to imprisonment for a
term not less than twenty-five years.
(3) In this section “markings” means a mark that identifies
particulars including —
(a) the country of manufacture;
(b) the name of the manufacturer;
(c) the date of manufacture;
(d) the serial number;
(e) the type, make and model;
(f) the calibre.”.

Insertion of new sections 29A and 29B

13. The principal Act is amended by inserting immediately after
section 29, the following new sections 29A and 29B —

“Restriction on exposure for sale or transfer and possession of

a firearm
29A.—(1) A person shall not expose for sale, transfer or
have in his or her possession a firearm or ammunition,
unless he or she is a firearm dealer.
(2) A person who contravenes subsection (1) commits an
offence and is liable —
(a) on summary conviction, to a fine not less than thirty
thousand dollars or to imprisonment for a term not
less than ten years or to both;
(b) on conviction on indictment, to imprisonment for a
term not less than twenty-five years.”.
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No. ] Firearms (Amendment) Act [ 2022

Prohibition on disposing or destroying a firearm or ammunition

29B.—(1) A person shall not, except with the approval of the
appropriate authority —
(a) dispose of a firearm or ammunition;
(b) destroy a firearm or ammunition.
(2) A person who contravenes subsection (1) commits an
offence and is liable —
(a) on summary conviction, to a fine not less than thirty
thousand dollars or to imprisonment for a term not
less than ten years or to both;
(b) on conviction on indictment, to imprisonment for a
term not less than twenty-five years.

Insertion of new section 31A
14. The principal Act is amended by inserting immediately after
section 31 the following new section 31A —
“Prohibition against illicit trafficking in firearms or ammunition
31A.—(1) A person shall not import, export or otherwise
acquire, sell, deliver, move, trans-ship, transfer or broker a
firearm or ammunition into, from or across Saint Lucia
without a valid licence issued in accordance with this Act.
(2) A person who contravenes subsection (1) commits an
offence and is liable on conviction on indictment to a fine not
less than one hundred and fifty thousand dollars or to
imprisonment for a term not less than twenty-five years or
to both.
Amendment of section 39
15. Section 39 of the principal Act is amended, in subsection
(3), by deleting the words “on conviction to a fine not exceeding
$7,000 or to imprisonment for a term not exceeding 2 years” and by
substituting the words “on summary conviction to a fine not less than
thirty thousand dollars or to imprisonment for a term not less than
ten years or to both”.
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No. ] Firearms (Amendment) Act [ 2022

Amendment of section 40
16. Section 40 of the principal Act is amended, in subsection (5),
by deleting the words “on conviction to a fine of not less than $5,000
or to imprisonment for a term of not less than one year or to both”
and by substituting the words “on summary conviction to a fine not
less than fifteen thousand dollars or to imprisonment for a term not
not less than two years or to both”.
Amendment of section 47
17. Section 47 of the principal Act is amended —
(a) in subsection (1), by deleting the words “shall on conviction
be sentenced to a term of imprisonment for not less than
15 years” and by substituting the words “is liable on
conviction on indictment to imprisonment for a term
not less than twenty-five years”;
(b) in subsection (3), by deleting the words “shall on conviction
be sentenced to a term of imprisonment for not less than
10 years” and by substituting the words “is liable on
conviction on indictment to imprisonment for a term not
less than twenty-five years”;
(c) in subsection (4), by deleting the words “shall on
conviction be sentenced to a term of imprisonment for
not less than 10 years” and by substituting the words “is
liable on conviction on indictment to imprisonment for a
term not less than twenty-five years”.
Amendment of section 50
18. Section 50 of the principal Act is amended, in subsection
(4), by deleting the words “to a fine of not less than $5,000 or to
imprisonment for not less than one year or to both” and by substituting
the words “to a fine not less than twenty-five thousand dollars or to
imprisonment for a term not less than three years or to both”.
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Insertion of new section 50A

19. The principal Act is amended by inserting immediately after
section 50 the following new section 50A —
“Controlled delivery of firearms and ammunition
50A.—(1) The Minister may enter into an agreement
or make an arrangement with another State for the controlled
delivery of a firearm or ammunition to identify a person
who commits an offence under this Act.
(2) In this section, “controlled delivery” means the technique
of allowing a firearm or ammunition to pass out of, through
or into Saint Lucia with the knowledge and under the
supervision of the Minister or Commissioner or a person
authorized by the Commissioner.”.
Substitution of section 52

20. The principal Act is amended by deleting section 52 and by

substituting the following —
“General penalty
52. A person who commits an offence for which no penalty
is specified is liable —
(a) on summary conviction, to a fine not less than thirty
thousand dollars or to imprisonment for a term not
less than ten years or to both;
(b) on conviction on indictment, to imprisonment for a
term not less than twenty-five years.”.
Amendment of section 53
21. Section 53 of the principal Act is amended by deleting
paragraph (g) and by substituting the following —
“(g) controlling or regulating the importation, sale,
possession or use of —
(i) bombs and hand grenades manufactured for the
purpose of extinguishing fires, and the application
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No. ] Firearms (Amendment) Act [ 2022

of this Act in relation to such bombs and hand

grenades,

(ii) tasers, air rifles, air guns and air pistols.”.

Passed in the House of Assembly this day of ,

2022.

Speaker of the House of Assembly.

Passed in the Senate this day of , 2022.

President of the Senate.