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St. Kitts and Nevis. 2002 ‘Possession of Firearms and Ammunition.’ Firearms Act Chapter 19.05; Part IV (Section 20), pp. 17-19. Basseterre: Laws of Saint Christopher and Nevis. 31 December

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20. Possession of Firearms and Ammunition

(1) A person shall not,

(a) save as authorised by a licence which continues in force by virtue of section 55, be in possession of a prohibited weapon;1 or
(b) subject to subsection (2), be in possession of any other firearm or ammunition except under and in accordance with the terms and conditions of a Firearm User's Licence.

(2) Subsection (1), except in so far as it relates to a prohibited weapon, shall not apply

(a) to any holder of a Firearm Manufacturer's Licence or a Firearm Dealer's Licence in respect of any firearm or ammunition manufactured by him or her or forming part of his or her stock in trade as a firearm manufacturer or a firearm dealer;
(b) to the executor or administrator of any deceased person or to the Trustee in Bankruptcy or liquidator of any insolvent person, or of any company in liquidation, who before his or her decease, or becoming insolvent or going into liquidation, as the case may be, was the holder of a Firearm Manufacturer's Licence or a Firearm Dealer's Licence, in respect of any firearm or ammunition forming part of the stock in trade of such person during the administration by such executor, administrator, Trustee in Bankruptcy or liquidator of the affairs of such person;
(c) to the holder of any Gunsmith's Licence, in respect of any firearm or ammunition in his or her possession for the purpose of repairing, testing or proving such firearm or ammunition;
(d) to any person who came into possession of any firearm or ammunition in the capacity of executor or administrator of the estate of any deceased person, or Trustee in Bankruptcy or liquidator of any insolvent person or of any company in liquidation, during the period of thirty days after the day upon which he or she came into possession of such firearm or ammunition;
(e) to any person who came into possession of any firearm or ammunition in the capacity of auctioneer, bailiff or assistant bailiff of a Court, or landlord bailiff, during the period of thirty days after the day upon which he or she came into possession of such firearm or ammunition;
(f) to any servant or agent of any of the persons referred to in paragraphs (a) to (e) (both inclusive) in respect of any firearm or ammunition entrusted to him or her for delivery to the owner or to some person who is about to become the owner thereof in accordance with this Act;
(g) to any officer of customs or to any police officer in respect of his or her possession of any firearm or ammunition which comes into his or her possession pursuant to this Act during such period as such firearm or ammunition is retained by him or her pursuant to this Act; or
(h) to any person in respect of the possession by him or her of any firearm or ammunition entrusted to him or her by any police officer for transportation pursuant to section 11,2 from any place to any other place during such period, not being longer than is reasonably necessary for the transportation of such firearm or ammunition, as such firearm or ammunition is contained in a sealed packet;
(i) to any person in respect of the possession by him or her of any firearm or ammunition delivered to him or her for storage in accordance with subsection (2) of section 45 during the period of the absence from Saint Christopher and Nevis of the owner of such firearm or ammunition and two weeks thereafter, or the period of twelve months from the date of the departure of such owner from Saint Christopher and Nevis whichever is the shorter; or
(j) to any person to whom this paragraph relates in respect of the possession by him or her of any firearm or ammunition under and in accordance with the terms of a certificate issued to him or her in respect thereof by the appropriate authority.

(3) The persons to whom paragraph (j) of subsection (2) relates are:

(a) any person taking part in a theatrical performance or any rehearsal thereof, or in the production of a cinematograph or television film;
(b) any person present at an athletic meeting for the purpose of starting races at that meeting;
(c) any other person prescribed under section 48.

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

(a) if the offence relates to the possession 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;
(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) if such person is a restricted person or if the offence relates to the possession of a restricted weapon or restricted ammunition,
(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; and

(c) in any other case,
(i) on summary conviction before a Magistrate, to imprisonment with or without hard labour for a term not exceeding three years; or
(ii) on conviction before a High Court to imprisonment with or without hard labour for a term not less than two years and not exceeding seven years.

[Amended by Acts 8/1994, 11/1996 and 10/1998]

ID: Q11293

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