Consultation thread - Arms Ordinance - Politics Forum.org | PoFo

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#13076415
Arms Ordinance 2009

1) a. Firearms are classified as;

1. Restricted: Automatic and certain "heavy" calibre military weapons.
2. Sporting: Rifles - Semi automatic, lever action, pump, and bolt action; Shotguns - semi automatic (fixed or detachable magazine), pump, and break barrel; Air arms over fifteen foot pounds pressure
3. Defensive: Pistols and revolvers.
4. Unrestricted: Black powder; Air arms under fifteen foot pounds pressure


2) Class 1 firearms:

a. Restricted firearms are those arms proper that have no legitimate sporting use
b. A schedule of Class 1 firearms that may be licenced shall be compiled by the Minister of Internal Affairs and displayed prominently in all;
i. Police stations
ii. Premises of licensed arm dealers.
c. Arms not included in the schedule which are antique, historical, rare or artistic may be licenced at the Minister's discretion
c. A license issued by the Minister shall be required to purchase, keep, carry, use, or sell Class 1 firearms.
d. Whosoever shall, without a licence from the Minister of Internal Affairs, keep in any premises any Class 1 firearm or ammunition shall, on conviction, be liable to imprisonment for a term not exceeding five years.
e. Whosoever shall, without a licence from the Minister of Internal Affairs, have in his possession or under his control, or carry, any Class 1 firearm or ammunition outside any premises or appurtenances thereof shall, on conviction, be liable to a fine of not less than one thousand dollars or to imprisonment for a term not exceeding two years: Provided that where a person contravenes the provisions of this sub-article because of the actual necessity of lawful self defence or of the lawful defence of another person, he shall not be liable to punishment.
f. Any such licence shall indicate the conditions under which it shall be lawful for the licensee to keep or carry any firearm or ammunition, and shall specify the description of the firearm and the quantity of ammunition for which the licence is issued.

3) Class 2 firearms

a. Sporting arms shall be registered at the time of purchase
b. Sporting arms shall require a police "permit to carry" unless the purchaser has a sporting licence issued by the Commissioner of Police.
c. If the purchaser has a sporting licence an open carry permit shall be issued when the weapon is registered.

4) Class 3 firearms

a. Defensive arms shall be registered at purchase.
b. An open/concealed carry permit shall be issued, according to local custom and practice, if the purchaser is over 18 years and of good conduct.

5) Class 4 firearms

Unrestricted arms are not required to be registered.

6) Youths under 18 shall not be able to purchase firearms, but they may use them at a licensed range, under adult supervision on private property, or on public land, under adult supervision, if the adult has a sporting licence and provided that the licensee has the necessary permissions to shoot on that land.

7) It shall be lawful for the Minister of Internal Affairs to authorise the transfer or entry of firearms and ammunition to and from ROP by a foreigner who is in possession of a licence for such firearms and ammunition validly issued by another country for such purpose and under such terms and conditions as may be prescribed.

8 ) Licence to deal in arms proper.

a. Without prejudice to the provisions of the Customs Ordinance or of any other law, whosoever shall, without a licence from the Minister of Internal Affairs, import or bring into, or export from ROP any firearm or ammunition, and whosoever shall cause to be imported, brought into, or exported from ROP, or shall knowingly aid or assist in any manner whatsoever in the importation or entry into, or exportation from ROP of any such firearm or ammunition, shall, on conviction, be liable to imprisonment for a term not exceeding five years
b. Whosoever shall sell or otherwise deal in any firearm or ammunition or keep or expose for sale or other dealing in any such firearm or ammunition without a licence, or prior authorisation in writing, from the Minister of Internal Affairs, shall, on conviction, be liable to imprisonment for a term not exceeding five years.

9) Sale of "Class 1" firearms to unauthorized persons.

Any dealer in arms proper or any other person, who shall sell, transfer or deliver any Class 1 firearm or ammunition except to a person holding a licence from the Minister of Internal Affairs to purchase or receive such firearm or ammunition, shall, on conviction, be liable to imprisonment for a term not exceeding seven years.

10) Registration/Licence to purchase arms proper to be returned by dealer to the Commissioner of Police.

a. Any dealer or other person shall, on delivering, by sale or otherwise, any firearm or ammunition to a person in possession of the said licence, retain such licence and transmit the same to the Commissioner of Police not later than the day next following the day of delivery.
b. Any dealer or other person shall, on delivering, by sale or otherwise, any registered firearm to a person , retain such registration and transmit the same to the Commissioner of Police not later than the day next following the day of delivery.
c. The dealer or other person shall, before transmitting the registration/licence to the Commissioner of Police, endorse thereon a declaration signed by him that the firearm or ammunition mentioned therein has been delivered to the person to whom such licence was issued.
d. Whosoever contravenes the provisions of this article shall, on conviction, be liable to a fine of not less than two hundred dollars

11) Account of stock of arms, etc.

a. Every dealer in firearms or arms proper shall keep a proper account of his stock of such arms and shall, before delivering any such arms, by sale or otherwise, to any person, make or cause to be made an entry in a book to be kept for the purpose, specifying the name, surname, father's name, occupation and place of residence of the person to whom the arms are to be delivered, the description of the arms, their number or quantity and the date of the sale or disposition.
b. Every such book shall be numbered on each page and shall be countersigned on the first and last page by the Commissioner of Police, who shall also certify on the book the number of pages which it contains.
c) Any Police officer may at all reasonable times demand inspection of the books referred to in this article, inspect any dealer's shops and stores, check the entries above-mentioned and take account of the stock in hand.
d. Whosoever contravenes the provisions of sub-articles (a) and (b), or on taking delivery of any firearms or arms proper, makes any false statement with regard to any of the particulars mentioned in sub-article (a), shall, on conviction, be liable to a fine of not less than one thousand dollars or to imprisonment for a term not exceeding three years.

12) Custody of firearms.

a. Any person licensed to keep or carry any firearms or ammunition, shall keep the same in his custody in such a way that they shall not fall into the hands of other persons.
b. The licensee shall adopt any specific additional security measures that from time to time may be imposed by the Commissioner of Police
c. Whosoever contravenes the provisions of this article, shall, on conviction, be liable to a fine.

13) Duty of person coming into possession of firearms.

a. Any person coming into possession of any firearm or ammunition otherwise than in virtue of a licence, shall give immediate notice to the Commissioner of Police, who shall direct whether such firearm or ammunition shall be kept in the custody of the Police or of the person giving the notice.
b. It shall be lawful for any Police officer not below the rank of sub-inspector to require any person who is known to have come into possession of any firearm or ammunition otherwise than in virtue of a licence under this Ordinance, to produce to him such firearm or ammunition.
c. Whosoever comes into possession of Class 2 or 3 firearms and contravenes the provisions of this article shall, on conviction, be liable to a fine of not less than two hundred dollars.
d. Whosoever comes into possession of Class 1 firearms and contravenes the provisions of this article shall, on conviction, be liable to imprisonment for a term not exceeding three months.

14) Prohibition on persons convicted of certain offences.

a. Except by special authority of the Minister responsible for the Police, the licences referred to in articles 1 and 2 shall not be granted to any person who, within the five years immediately preceding the date of the application therefor, has been convicted of causing bodily harm with a firearm, an arm proper or other instrument or of taking up any firearm, arm proper or other instrument against other persons, or of theft, or of an offence against the laws relating to the suppression of the white slave traffic, or of gambling or of leading an idle and vagrant life.
b. A licence under articles 2, 3, and 4 may be refused to any person for reasons of public or individual safety, and shall in no case be granted to any person who is under the age of eighteen years.

15) Licence to cease to be in force on conviction of licensee, etc.

A licence shall cease to be in force on conviction of the holder thereof for any of the offences specified in article 14(a), or in any case in which the Commissioner of Police, for reasons of public or individual safety, to be specifically recorded and duly reported by him to the Minister of Internal Affairs, the Minister shall direct such licence to be cancelled or suspended.

16) Licence not required by certain persons.

Persons in the Armed Forces of ROP or in the ROP Police Force shall not require a licence to be in possession of or to carry any arm or other instrument in accordance with the regulations or custom of such service or in the performance of their duty.

17) Where abnormal conditions affecting public safety arise in any part of ROP, it shall be lawful for the Prime Minister, by Proclamation, to cancel all or any of the licences issued under the provisions of this Ordinance.

18) The Minister of Internal Affairs may make rules or regulations to give effect to the provisions of this Ordinance, and without prejudice to the generality of the foregoing may, by such rules or regulations, in particular, do any of the following:
(i) prescribe licence conditions;
(ii) prescribe the application forms for the application, grant, renewal or variation of a licence under this Ordinance;
(iii) prescribe anything that may be prescribed under this Ordinance.
Last edited by ingliz on 29 Jun 2009 10:13, edited 28 times in total.
User avatar
By Dr House
#13076441
It looks good, but I'd like to see the actual requirements for obtaining a license to carry firearms before voting for or against the bill, rather than allow Vlad to then arbitrarily set them.

I also refuse to vote in favor of any arms bill that does not enshrine the legal right of licensed individuals to carry concealed firearms in their person.
User avatar
By ingliz
#13076446
This bill is only concerned with automatic and heavy weapons, stopping people from decking out their SUV's with a recoiless rifle, 50 cal machineguns and such. I have amended Article 1 to make this clearer and added a "public order" clause, Article 12.

Unless you are under 18 or have a record of criminality/mental illness, an unrestricted pistol "carry permit" is automatically issued when a pistol is registered/purchased

Rifles, bolt and semi, will be registered at purchase and require police approval to carry unless you have a sporting license. If you have a sporting license a "carry permit" will be automatically issued when the weapon is registered.

Youths under 18 will not be able to purchase firearms, but they may use them at a licensed range, under adult supervision on private property, or on public land, under adult supervision, if the adult has a sporting license.

Most adults will be members of their local militia, and keep their personal weapon at home, and so it seems pointless to restrict sporting arms bar registration and minimal regulation.

But that is a different bill, this is a bill restricting ownership of 'heavy weapons' not concealed carry.
Last edited by ingliz on 28 Jun 2009 18:17, edited 5 times in total.
User avatar
By Dr House
#13076469
Oh, right. My bad. I kind of missed part of the definition of "class 1" weapons. Blonde moment.

In that case I have no objections to the bill as it stands.
User avatar
By ingliz
#13076601
It was probably my fault.

I could incorporate the other classes of weapon into this Bill? I will try

I have tidied it up and added the other classes of firearm, made some sub clauses "articles" where it looked like they were hidden, moved things around, sorted out some penalties for consistency, and corrected the spelling. I don't think the sense of the Bill has been altered even if it has been rewritten.

Here's the the latest version

Arms Ordinance 2009

1) a. Firearms are classified as;

1. Restricted: Automatic and certain "heavy" calibre military weapons.
2. Sporting: Rifles - Semi automatic, lever action, pump, and bolt action; Shotguns - semi automatic (fixed or detachable magazine), pump, and break barrel; Air arms over fifteen foot pounds pressure
3. Defensive: Pistols and revolvers.
4. Unrestricted: Black powder; Air arms under fifteen foot pounds pressure


2) Class 1 firearms:

a. Restricted firearms are those arms proper that have no legitimate sporting use
b. A schedule of Class 1 firearms that may be licenced shall be compiled by the Minister of Internal Affairs and displayed prominently in all;
i. Police stations
ii. Premises of licensed arm dealers.
c. Arms not included in the schedule which are antique, historical, rare or artistic may be licenced at the Minister's discretion
c. A license issued by the Minister shall be required to purchase, keep, carry, use, or sell Class 1 firearms.
d. Whosoever shall, without a licence from the Minister of Internal Affairs, keep in any premises any Class 1 firearm or ammunition shall, on conviction, be liable to imprisonment for a term not exceeding five years.
e. Whosoever shall, without a licence from the Minister of Internal Affairs, have in his possession or under his control, or carry, any Class 1 firearm or ammunition outside any premises or appurtenances thereof shall, on conviction, be liable to a fine of not less than one thousand dollars or to imprisonment for a term not exceeding two years: Provided that where a person contravenes the provisions of this sub-article because of the actual necessity of lawful self defence or of the lawful defence of another person, he shall not be liable to punishment.
f. Any such licence shall indicate the conditions under which it shall be lawful for the licensee to keep or carry any firearm or ammunition, and shall specify the description of the firearm and the quantity of ammunition for which the licence is issued.

3) Class 2 firearms:

a. Sporting arms shall be registered at the time of purchase.
b. Sporting arms shall require a police "permit to carry" unless the purchaser has a sporting licence issued by the Commissioner of Police.
c. If the purchaser has a sporting licence an open carry permit shall be issued when the weapon is registered.

4) Class 3 firearms:

a. Defensive arms shall be registered at purchase.
b. An open/concealed carry permit shall be issued when the weapon is registered, according to local custom and practice, if the purchaser is over 18 years and of good conduct.

5) Class 4 firearms:

Unrestricted arms are not required to be registered.

6) a. Youths under 18 may able to purchase firearms under special licence, but they shall only use them at a licensed range, under adult supervision on private property, or on public land, under adult supervision, if the adult has a sporting licence and provided that the licensee has the necessary permissions to shoot on that land.
b. When a minor wishes to practice a target shooting activity in terms of the Act, an application may be submitted by the parent or legal guardian for the relative licence from the Commissioner of Police
c. When carrying arms from his residence to a licensed range and back the licensee shall do so by the most expeditious route and within a reasonable time before or after the event, as the case maybe, and shall keep the arms unloaded and safely locked separately from the ammunition

7) It shall be lawful for the Minister of Internal Affairs to authorise the transfer or entry of firearms and ammunition to and from ROP by a foreigner who is in possession of a licence for such firearms and ammunition validly issued by another country for such purpose and under such terms and conditions as may be prescribed.

8 ) Licence to deal in arms proper.

a. Without prejudice to the provisions of the Customs Ordinance or of any other law, whosoever shall, without a licence from the Minister of Internal Affairs, import or bring into, or export from ROP any firearm or ammunition, and whosoever shall cause to be imported, brought into, or exported from ROP, or shall knowingly aid or assist in any manner whatsoever in the importation or entry into, or exportation from ROP of any such firearm or ammunition, shall, on conviction, be liable to imprisonment for a term not exceeding five years
b. Whosoever shall sell or otherwise deal in any firearm or ammunition or keep or expose for sale or other dealing in any such firearm or ammunition without a licence, or prior authorisation in writing, from the Minister of Internal Affairs, shall, on conviction, be liable to imprisonment for a term not exceeding five years.

9) Sale of "Class 1" firearms to unauthorized persons.

Any dealer in arms proper or any other person, who shall sell, transfer or deliver any Class 1 firearm or ammunition except to a person holding a licence from the Minister of Internal Affairs to purchase or receive such firearm or ammunition, shall, on conviction, be liable to imprisonment for a term not exceeding seven years.

10) Registration/Licence to purchase arms proper to be returned by dealer to the Commissioner of Police.

a. Any dealer or other person shall, on delivering, by sale or otherwise, any firearm or ammunition to a person in possession of the said licence, retain such licence and transmit the same to the Commissioner of Police not later than the day next following the day of delivery.
b. Any dealer or other person shall, on delivering, by sale or otherwise, any registered firearm to a person , retain such registration and transmit the same to the Commissioner of Police not later than the day next following the day of delivery.
c. The dealer or other person shall, before transmitting the registration/licence to the Commissioner of Police, endorse thereon a declaration signed by him that the firearm or ammunition mentioned therein has been delivered to the person to whom such licence was issued.
d. Whosoever contravenes the provisions of this article shall, on conviction, be liable to a fine of not less than two hundred dollars

11) Account of stock of arms, etc.

a. Every dealer in firearms or arms proper shall keep a proper account of his stock of such arms and shall, before delivering any such arms, by sale or otherwise, to any person, make or cause to be made an entry in a book to be kept for the purpose, specifying the name, surname, father's name, occupation and place of residence of the person to whom the arms are to be delivered, the description of the arms, their number or quantity and the date of the sale or disposition.
b. Every such book shall be numbered on each page and shall be countersigned on the first and last page by the Commissioner of Police, who shall also certify on the book the number of pages which it contains.
c) Any Police officer may at all reasonable times demand inspection of the books referred to in this article, inspect any dealer's shops and stores, check the entries above-mentioned and take account of the stock in hand.
d. Whosoever contravenes the provisions of sub-articles (a) and (b), or on taking delivery of any firearms or arms proper, makes any false statement with regard to any of the particulars mentioned in sub-article (a), shall, on conviction, be liable to a fine of not less than one thousand dollars or to imprisonment for a term not exceeding three years.

12) Custody of firearms.

a. Any person licensed/registered to keep or carry any firearms or ammunition, shall keep the same in his custody in such a way that they shall not fall into the hands of other persons.
b. The licensee/registered owner shall adopt any specific additional security measures that from time to time may be imposed by the Commissioner of Police
c. Whosoever contravenes the provisions of this article, shall, on conviction, be liable to a fine.

13) Duty of person coming into possession of firearms.

a. Any person coming into possession of any firearm or ammunition otherwise than in virtue of a licence or by registration, shall give immediate notice to the Commissioner of Police, who shall direct whether such firearm or ammunition shall be kept in the custody of the Police or of the person giving the notice.
b. It shall be lawful for any Police officer not below the rank of sub-inspector to require any person who is known to have come into possession of any firearm or ammunition otherwise than in virtue of a licence or by registration under this Ordinance, to produce to him such firearm or ammunition.
c. Whosoever comes into possession of Class 2 or 3 firearms and contravenes the provisions of this article shall, on conviction, be liable to a fine of not less than two hundred dollars.
d. Whosoever comes into possession of Class 1 firearms and contravenes the provisions of this article shall, on conviction, be liable to imprisonment for a term not exceeding three months.

14) Prohibition on persons convicted of certain offences.

a. Except by special authority of the Minister responsible for the Police, the licences referred to in articles 1 and 2 shall not be granted to any person who, within the five years immediately preceding the date of the application therefor, has been convicted of causing bodily harm with a firearm, an arm proper or other instrument or of taking up any firearm, arm proper or other instrument against other persons, or of theft, or of an offence against the laws relating to the suppression of the white slave traffic, or of gambling or of leading an idle and vagrant life.
b. A licence under articles 2, 3, and 4 may be refused to any person for reasons of public or individual safety.

15) Licence to cease to be in force on conviction of licensee, etc.

A licence shall cease to be in force on conviction of the holder thereof for any of the offences specified in article 14(a), or in any case in which the Commissioner of Police, for reasons of public or individual safety, to be specifically recorded and duly reported by him to the Minister of Internal Affairs, the Minister shall direct such licence to be cancelled or suspended.

16) Licence not required by certain persons.

Persons in the Armed Forces of ROP or in the ROP Police Force shall not require a licence to be in possession of or to carry any arm or other instrument in accordance with the regulations or custom of such service or in the performance of their duty.

17) Where abnormal conditions affecting public safety arise in any part of ROP, it shall be lawful for the Prime Minister, by Proclamation, to cancel all or any of the licences issued under the provisions of this Ordinance.

18) The Minister of Internal Affairs may make rules or regulations to give effect to the provisions of this Ordinance, and without prejudice to the generality of the foregoing may, by such rules or regulations, in particular, do any of the following:
(i) prescribe licence conditions;
(ii) prescribe the application forms for the application, grant, renewal or variation of a licence under this Ordinance;
(iii) prescribe anything that may be prescribed under this Ordinance.


ps. The reason there are so many edits in my first post is my computer refused to open another 'window'; It's working again now. If you change one thing you have to change everything else which is difficult to do in one go when you can't bounce back and forth. :hmm:

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