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St. Kitts and Nevis. 2002 ‘Restrictions Upon Acquisition or Disposal of Firearms and Ammunition.’ Firearms Act Chapter 19.05; Part III (Section 10), pp. 11-12. Basseterre: Laws of Saint Christopher and Nevis. 31 December

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10. Restrictions Upon Acquisition or Disposal of Firearms and Ammunition

(1) A person shall not purchase, acquire, sell or transfer any prohibited weapon.1

(2) A person shall not purchase or acquire any firearm or ammunition from or sell or transfer any firearm or ammunition to any person whom he or she knows or has reason to believe to be under seventeen years, except where such other person is the holder of a certificate issued under paragraph (j) of subsection (2) of section 20.2

(3) A person shall not purchase or acquire any firearm or ammunition unless,

(a) subject to subsection (9), he or she is the holder of a Firearm Manufacturer's Licence or a Firearm Dealer's Licence or a Firearm User's Licence in relation to a firearm or ammunition of the type purchased or acquired by him or her; and
(b) subject to subsections (8) and (9), the person from whom he or she purchases or acquires such firearm or ammunition is the holder of a Firearm Manufacturer's Licence or a Firearm Dealer's Licence, or a Firearm Disposal Permit in respect of the firearm or ammunition so purchased or acquired from such person.

(4) A person shall not sell or transfer any firearm or ammunition unless,

(a) subject to subsections (8) and (9), he or she is the holder of a Firearm Manufacturer's Licence, or a Firearm Dealer's Licence, or a Firearm Disposal Permit in respect of the firearm or ammunition so sold or transferred by him or her; and
(b) subject to subsection (9), the person to whom he or she sells or transfers such firearm or ammunition is the holder of a Firearm User's Licence or a Firearm Dealer's Licence or a Firearm Manufacturer's Licence in respect of a firearm or ammunition of the type so sold or transferred to such person.

(5) A person, other than the holder of a Firearm Manufacturer's Licence or a Firearm Dealer's Licence, shall not accept the delivery of any firearm or ammunition pursuant to any purchase or acquisition of such firearm or ammunition except in accordance with section 11.3

(6) A person shall not, pursuant to any purchase or acquisition of any firearm or ammunition deliver such firearm or ammunition to any person other than the holder of a Firearm Manufacturer's Licence or a Firearm Dealer's Licence except in accordance with section 11.3

(7) Every person who contravenes this section commits an offence, and shall be liable,

(a) in the case of the purchase, acquisition, sale or transfer of a prohibited weapon,
(i) on summary conviction before a Magistrate, to imprisonment with or without hard labour for a term not less than twelve months and not exceeding three years; or
(ii) on conviction before the High Court, to imprisonment with or
without hard labour for a term not exceeding ten years but not less than five years;

(b) in the case of the purchase, acquisition, sale or transfer of a restricted weapon or of restricted ammunition by any person or of the purchase, acquisition, sale or transfer of a firearm or ammunition other than a prohibited or restricted weapon or restricted ammunition by a restricted person,
(i) on summary conviction before a Magistrate, to a fine not exceeding five thousand dollars or to imprisonment with or without hard labour for a term not less than twelve months and not exceeding three years; or
(ii) on conviction before the High Court, to imprisonment with or without hard labour for a term not less than 2 years and not exceeding seven years;

(c) in any other case, on summary conviction before a Magistrate, to imprisonment with or without hard labour for a term not less than twelve months and not exceeding three years. [Amended by Act 8/1994 and Act 11/1996]

(8) Notwithstanding anything to the contrary, firearms (other than prohibited weapons) or ammunition may be sold at a public auction by the Comptroller of Customs without any such licence or permit as is referred to in paragraph (a) of subsection (4).

(9) Subsections (3) and (4) in so far as they relate to the acquisition or transfer of a firearm or ammunition shall not apply to the obtaining of possession of a firearm or ammunition by any such person as is mentioned in paragraphs (b) to (i) of subsection (2) of section 201 in the circumstances set out in those paragraphs.

ID: Q11286

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