Persons carrying more than one gun may be brought before Resident Magistrate. Vido Law 6, 1876, § 3. Firearms. grounds to suspect any firearms shall be deposited, or kept, or conveyed, contrary to the provisions of this Law, and if any firearms be found therein or thereupon contrary to the provisions of this Law, to seize and carry away the same. 38. When any person shall be found carrying more firearms than one gun, or be in the possession of, or conveying by any means when apprehended, and absent from his place of residence, more than one gun, it shall be lawful for any Resident Magistrate, Justice of the Peace, Fieldcornet, or Constable, or any other person duly empowered under warrant from the Resident Magistrate or Justice of the Peace, to examine such firearms, and to require the person so found carrying firearms to tell his name in full, and place of abode, and in case such person so found carrying firearms shall refuse to tell his name as aforesaid, or place of abode, or such person found carrying firearms be not duly licensed, it shall be lawful for the Justice of the Peace, Fieldcornet, or constable, so requiring as aforesaid, and also for any person acting by his order, and in his aid, to seize such firearms, and apprehend such offender, and bring him, as soon as conveniently may be, before a Resident Magistrate, and such Resident Magistrate may, if he shall think fit, cause the offender so apprehended and brought before him, to give sufficient security for his appearance to answer such charge as may be brought against him, and in default thereof may commit such person to any gaol, there to remain to answer such charge. Firearms to be taken to Resi dent Magistrate Vide Law 6, 1876, § 3. 39. Every person within the Colony who shall now or hereafter be the owner of, or shall have in his possession, any firearms, shall cause for registration. the same to be registered as hereinafter provided, and for that purpose shall take every such firearm to the Resident Magistrate of the county or division in which such person shall reside: Provided, that any firearm already registered under any former law need not be again registered: And provided also, that any such former registration, and any firearm under such former registration, shall be deemed a registration and a firearm registered under this Law. Those registered under any former Law excepted. Resident Magis and issue ticket. 40. The respective Resident Magistrates shall, if the person so trate to register applying appear to him to be a fit and proper person to have firearms, forthwith register every such firearm in a book to be kept for that purpose, in the form in the schedule to this Law annexed, marked C, and shall issue, to the person registering the same, a ticket of registration, in the form marked B, and shall also stamp or mark on every such firearm the number of such registration. Sellers, not being importers or dealers, to appear before 41. The seller of any firearm, not being an importer, or a person keeping firearms for sale or trade, shall forthwith take such firearm, together with the ticket of registration appertaining thereto, to the Resident Magis Resident Magistrate for registration, as hereinbefore required, in the name of such purchaser; and the said Resident Magistrate shail thereupon, if the purchaser appear to him to be a proper person to have firearms, cancel such ticket, and issue another in lieu thereof, bearing the same number as the original ticket, with the name of the new owner, and shall keep a registry of such alteration. trate to transfer Importers of dealers to register before transfer. 42. Every person importing, or any person keeping firearms for sale or trade, shall, before delivering any firearm out of his possession, cause the same to be registered in the name of the purchaser. Firearms. registration. 43. There shall be payable, by the person causing such registra- Fee payable for tion, a fee of sixpence for every firearm so registered, to the officer registering the same, for his own use. 44. Every person, licensed importer or trader, who shall be found in the possession of any firearms required to be registered, and not registered under this Law or any former law requiring such firearms to be registered, shall be deemed guilty of a contravention of this Law. 45. Any person who shall wilfully obliterate, alter, or deface the registration number on any firearm, or the number or name inscribed upon any registration ticket, shall be deemed guilty of a contravention of this Law. Vide Law 17, 1874, § 1. Persons fouud with unregistered arms guilty of a con travention. Obliterating or defacing registration number or ticket. Gunsmith, &c., not to repair registered. 46. Any armourer, blacksmith, gunsmith, or other person, who shall take, or have in his possession, any firearms, for the purpose of firearms without being stocked or otherwise repaired, without such firearms being their being marked or stamped as registered, shall be deemed guilty of a contravention of this Law: Provided, that any importer or licensed dealer, or any person not residing within the Colony, may, upon the written permission of any Resident Magistrate, give to any person, for the purpose of being stocked, or otherwise repaired, any firearms in such permission mentioned. 47. Nothing in this Law contained shall apply to affect any firearms the property or in the possession of this Government, or any person serving in Her Majesty's forces, or in any corps of volunteers or militia actually embodied, or any policeman, in respect of any firearms entrusted to, or used by any of them in their respective capacities aforesaid. Exceptions. Firearms of the Government or Her Majesty's called for. 48. Every person licensed under this Law to import or trade in Firearms to be firearms, shall from time to time, when thereto required by a Resident produced when Magistrate within his jurisdiction, by warrant under his hand, produce to any constable, or other person named in such warrant, the firearms which he shall be so licensed to keep. Every person having any firearms registered in his name shall, from time to time, when thereto required by a Resident Magistrate having jurisdiction over the same, produce to any constable, or other person named in such warrant, the firearms which shall be so registered in his name, or failing to produce such firearms, shall be compelled to account satisfactorily for their absence. 49. It shall and may be lawful for the [Controller of Arms and Ammunition] for the time being, by an order in writing under his hand, from time to time, whenever and so often as he shall deem it expedient, and for such period of time as he may deem necessary, to withdraw, cancel, or suspend any license granted under this Law; and the person to whom such license shall have been granted shall be duly compensated for the firearms imported by him, and which may be still undisposed of, upon his delivering up the same: Provided, that such withdrawing, cancellation, or suspension of the license, shall not have been caused by any bad conduct, or contravention of this Law on the part of such licensed dealer. Licenses may be suspended. Vide Law 6, 1876, § 8. 50. The term " 'importer" shall apply to and mean the person Definition of the shipping, or causing the shipment of firearms in any country, to be term "importer." brought to this Colony, but shall not, for the purposes of this Law, What to be deemed contraventions of this Law. Contraventions, where to be prosecuted. Powers of Court. Proof of license Recognizance, when due. Fines payable toj the Queen. Firearms. extend to or include any person importing only one firearm for his own use, provided such firearm be registered in the Colony under this Law. 51. Every breach of this Law or any part thereof, or any act, matter, or thing required to be done and not so done, under and in strict accordance with the provisions thereof, or any of them, or any act, matter, or thing which is forbidden, or which when done would be contrary to the provisions of this Law, or any one of them, or any proceeding which would be in any way in breach of the said Law or any part thereof shall be deemed and taken to be contraventions of the said Law, and be indictable. 52. All contraventions of this Law shall be prosecuted by indictment by the Attorney General, at the suit of the Queen, in the usual manner, before the Supreme Court, or any Circuit Court ; and in the latter case, it shall not be necessary for the prosecutor to show, nor shall it be material whether the contravention charged was committed within the jurisdiction of such Circuit Court: Provided, however, that it appear that such contravention occurred within the Colony. 53. The Court may, on conviction of any contravention of this Law, impose any fine not exceeding one hundred pounds, and in default of payment award imprisonment for any period not exceeding twelve months, or until the said fine be paid; and may, in addition to such fine, sentence any person so convicted to imprisonment, with or without hard labour, for any period not exceeding two years; and may also, in addition to such fine and imprisonment, decree that any firearms, dealt with in contravention of this Law, and in respect of which such conviction was had, be forfeited to the Queen, her heirs and successors. 54. In any prosecution or proceeding under this Law, if any question shall arise as to whether any party is duly licensed, or as to whether any person has given any notice or declaration required by this Law, or as to the benefit of any permission or exemption or license granted by this Law, the proof that the party is so licensed, or has given such notice or declaration, and that he is entitled to the benefit of such permission or exemption, shall be on the party against whom such prosecution or proceeding shall be had, and not on the party complaining. 55. The recognisance and bond of any such surety, as provided by this Law, shall be considered due, and to be a liquid document of debt due to the Queen by such surety, and proper for granting of a provisional sentence in every case in which there shall be shown any single breach of the conditions thereof by the principal, either within the Colony or beyond the boundaries, and whether the principal shall be convicted of such breach or not, or whether such principal shall be absent from the Colony or not, and the amount may be levied on the goods and chattels of such security within the Colony. 1 56. All fines imposed by this Law shall be paid to Her Majesty the Queen, her heirs and successors, for the public uses of the Colony: Provided that the Court may, in any case, award to be Firearms. paid any portion, not exceeding one-half thereof, to any person who shall have given such information as may have led to the conviction or detection of the offender in such case. within three 57. In case any action or suit shall be commenced against any Actions or suits person or persons for any matters or things done or executed in to be commenced pursuance of this Law, such action or suit shall be commenced months. within three calendar months next after the alleged cause of action shall accrue, and the defendant or defendants in such action may plead the general issue, and the special matter in evidence on any trial to be had thereon, and prove the same was done under the authority of this Law. 58. In the construction of this Law, the word "firearms" shall Definition of be deemed and construed to include any description of guns, pistols, firearms. or any gun or pistol, lock, stock, or barrel. of former Laws 59. Any contravention, or breach of, or proceeding under the Contraventions Laws or any of the Laws hereby repealed, may, notwithstanding may be prose such repeal, be prosecuted or proceeded in under the provisions of cuted. such repealed laws, or any of them, anything herein contained to the contrary notwithstanding. not affected or repealed. Definition of 60. Nothing herein contained shall affect, or abrogate, or Law No. 5, 1859, repeal, or interfere with the provisions of Law No. 5, 1859, entituled, "Law for preventing the sale of Gunpowder and Firearms "to, and prohibiting the possession of the same by, Natives." 61. The terms 66 Magistrate and "Resident Magistrate occurring in this Law shall be taken to be and to mean the Resident term "Resident Magistrate of any County or Division, and shall not be deemed to mean or extend to any Mayor, or to any Borough or other local or Municipal Court, or the Mayor or other person presiding in such Court, now existing or hereafter to be created. Magistrate." 62. This Law shall commence and take effect from and after the Commencement publication thereof in the Government Gazette, after the passing of Law. thereof. SCHEDULE A. Form of License to keep Firearms. This is to certify, that upon the application of A. B., of who produced to me his license to import Firearms, I have this day granted to him the said in to keep at the following Arms: Street, Schedules. |