§ 3 — Meaning of “gun” and associated terms

3.—(1) In this Act, unless the context otherwise requires, “gun” means an object or a thing that, if used in the way for which it is or was designed or adapted, is or was capable of being aimed at a target and causing hurt or injury by —(a)

propelling a bullet, shot or other projectile (which may or may not contain any noxious substance); or

(b)

discharging any corrosive substance or poison,

by means of a burning propellant, compressed air or other compressed gas, or an explosive force (however caused), and includes any of the following:

(c)

an object or a thing mentioned in subsection (2)(a);

(d)

a collection of major parts of a gun mentioned in subsection (2)(b).Examples

An electronic dart gun.

A ballistic knife.

A handgun or revolver.

An automatic gun or pistol.

A spear gun.

A stun gun or taser.

A firearm designed to fire projectiles containing tear gas or poison.

A firearm designed to tranquillise, immobilise or administer vaccines or other medicines to animals.

A howitzer, mortar, bazooka and similar military firearms designed to fire explosive projectiles.

A machine gun or sub-machine gun.

A self-loading rifle or shotgun.

A paint-pellet gun or paintball marker.

An airgun.

A starting pistol the purpose of which is for use in the starting of racing events in sporting competitions.

(2) For the purposes of this Act —(a)

an object or a thing that would be a gun —(i)

if it did not have something missing from it, or a defect or obstruction in it; or

(ii)

if it were not for the fact that something has been added to it,

must be taken to be a gun;

(b)

a collection of the major parts of a gun that if assembled would be a gun (or would be a gun if it were assembled and in working order) is taken to be a gun; and

(c)

a reference to a gun of a particular category or kind includes a reference to an object or a thing that would be a gun of that category or kind if not for paragraph (a)(i) or (ii).

(3) In this Act, “major part of a gun” means any component —(a)

that, of itself, is essential to the discharge of any shot, bullet, missile, or other projectile from the gun;

(b)

that is exclusively designed to be, or is intended to be, an integral part of the gun, without which the gun would be considered inoperable or incomplete; or

(c)

that feeds or contributes to feeding ammunition to the gun.Examples

A gas piston, friction ring, action bar, breech bolt or breech block.

A firearm barrel.

A trigger or firing mechanism.

A frame or receiver.

A slide.

An upper or a lower receiver.

A revolving cylinder.

A bolt carrier.

An adjustable, detachable or folding stock.

(4) However, “gun” does not include the following:(a)

a longbow, crossbow, slingshot or shanghai;

(b)

an object or a thing that, if used in the way for which it is or was designed or adapted, is or was capable of being aimed at a target and causing hurt or injury by discharging any noxious substance directly onto the target, such as a pepper spray gun or cannister;

(c)

an imitation gun, which is an object that, regardless of its colour, weight or composition or the presence or absence of any moveable part, substantially duplicates in appearance a gun but that is not a gun;

(d)

any other object or thing prescribed not to be a gun.

(5) In this Act, unless the context otherwise requires —“airgun” means a gun that —(a)

can propel, or is designed to propel, a projectile by means of any gas or mixture of gases, including air but not including a gas or mixture of gases generated by an explosive; and

(b)

is operated or designed for operation by means of a trigger or similar device;

“automatic gun” means a gun that is designed to fire a round when the trigger is brought to the firing position and to continue to fire one or more rounds automatically while the trigger is held in that position;

“ballistic knife” means a device or an instrument designed to fire or discharge a knife, dagger or similar instrument by mechanical, percussive or explosive means;

“electronic dart gun” means a portable device that —(a)

is powered by electricity and, when switched on, is capable of expelling or projecting a projectile; and

(b)

upon coming in contact with a person or an animal, is capable of inflicting injury or an electric shock by a high voltage, low amperage charge to such person or animal;

“firing mechanism”, for a gun, means the mechanism of the gun that is designed for the purpose of firing the gun, and includes a trigger mechanism or firing pin;

“gun accessory” means any object or thing that —(a)

is not a major part of a gun;

(b)

is not a weapon;

(c)

is designed to be fitted to, or adapted to fit, a gun; and

(d)

whether or not complete, damaged, temporarily or permanently inoperable, or unfinished, can be fitted to, or adapted to fit, is —(i)

a magazine adapter;

(ii)

a flash suppressor;

(iii)

a silencer, sound moderator, sound suppressor or any other device designed to reduce, or capable of reducing, the noise of discharge of the gun;

(iv)

a mechanism or other device designed to modify, or capable of converting, a gun to give it any of the following capabilities:(A)

burst fire;

(B)

semi-automatic operation;

(C)

fully automatic operation; or

(v)

any other mechanism or device that is prescribed (by description, model or otherwise) for the purposes of this definition;

“loading mechanism”, for a gun, means all the parts of the gun (except the barrel) that are designed to place or hold or to place and hold a round in position for firing, and includes the magazine of the gun, if any;

“prohibited gun” means a gun that —(a)

is particularly dangerous by reason of its design, construction or any other factor; or

(b)

by reason of its size or any other factor, could be more readily concealed than other guns of the same category or would be particularly suited to unlawful use,

such that, in the opinion of the Minister, it is expedient for the public safety to prescribe the gun to be a prohibited gun;

“prohibited gun accessory” means any gun accessory that could easily convert a gun to become —(a)

a more dangerous gun (whether or not a prohibited gun);

(b)

a more easily concealed gun; or

(c)

a gun which would be particularly suited to unlawful use,

such that, in the opinion of the Minister, it is expedient for the public safety to prescribe the gun accessory to be a prohibited gun accessory;

“receiver”, for a gun, means the body or frame of the gun that is designed to hold the firing mechanism or the loading mechanism or both in place, but does not include the stock or barrel of the gun;

“sound moderator” means a device designed or adapted to be attached to, or comprising part of, a gun to muffle the report when the gun is fired, and includes baffles, tubes or other parts that when fitted together would comprise a sound moderator;

“stun gun” means a portable device which is powered by electricity and from which any electric current, discharge, impulse, wave or beam can be emitted and if directed at an individual or animal, can incapacitate temporarily, injure or kill the individual or animal.

—(1) In this Act, unless the context otherwise requires, “gun” means an object or a thing that, if used in the way for which it is or was designed or adapted, is or was capable of being aimed at a target and causing hurt or injury by —(a)

propelling a bullet, shot or other projectile (which may or may not contain any noxious substance); or

(b)

discharging any corrosive substance or poison,

by means of a burning propellant, compressed air or other compressed gas, or an explosive force (however caused), and includes any of the following:

(c)

an object or a thing mentioned in subsection (2)(a);

(d)

a collection of major parts of a gun mentioned in subsection (2)(b).Examples

An electronic dart gun.

A ballistic knife.

A handgun or revolver.

An automatic gun or pistol.

A spear gun.

A stun gun or taser.

A firearm designed to fire projectiles containing tear gas or poison.

A firearm designed to tranquillise, immobilise or administer vaccines or other medicines to animals.

A howitzer, mortar, bazooka and similar military firearms designed to fire explosive projectiles.

A machine gun or sub-machine gun.

A self-loading rifle or shotgun.

A paint-pellet gun or paintball marker.

An airgun.

A starting pistol the purpose of which is for use in the starting of racing events in sporting competitions.

(2) For the purposes of this Act —(a)

an object or a thing that would be a gun —(i)

if it did not have something missing from it, or a defect or obstruction in it; or

(ii)

if it were not for the fact that something has been added to it,

must be taken to be a gun;

(b)

a collection of the major parts of a gun that if assembled would be a gun (or would be a gun if it were assembled and in working order) is taken to be a gun; and

(c)

a reference to a gun of a particular category or kind includes a reference to an object or a thing that would be a gun of that category or kind if not for paragraph (a)(i) or (ii).

(3) In this Act, “major part of a gun” means any component —(a)

that, of itself, is essential to the discharge of any shot, bullet, missile, or other projectile from the gun;

(b)

that is exclusively designed to be, or is intended to be, an integral part of the gun, without which the gun would be considered inoperable or incomplete; or

(c)

that feeds or contributes to feeding ammunition to the gun.Examples

A gas piston, friction ring, action bar, breech bolt or breech block.

A firearm barrel.

A trigger or firing mechanism.

A frame or receiver.

A slide.

An upper or a lower receiver.

A revolving cylinder.

A bolt carrier.

An adjustable, detachable or folding stock.

(4) However, “gun” does not include the following:(a)

a longbow, crossbow, slingshot or shanghai;

(b)

an object or a thing that, if used in the way for which it is or was designed or adapted, is or was capable of being aimed at a target and causing hurt or injury by discharging any noxious substance directly onto the target, such as a pepper spray gun or cannister;

(c)

an imitation gun, which is an object that, regardless of its colour, weight or composition or the presence or absence of any moveable part, substantially duplicates in appearance a gun but that is not a gun;

(d)

any other object or thing prescribed not to be a gun.

(5) In this Act, unless the context otherwise requires —“airgun” means a gun that —(a)

can propel, or is designed to propel, a projectile by means of any gas or mixture of gases, including air but not including a gas or mixture of gases generated by an explosive; and

(b)

is operated or designed for operation by means of a trigger or similar device;

“automatic gun” means a gun that is designed to fire a round when the trigger is brought to the firing position and to continue to fire one or more rounds automatically while the trigger is held in that position;

“ballistic knife” means a device or an instrument designed to fire or discharge a knife, dagger or similar instrument by mechanical, percussive or explosive means;

“electronic dart gun” means a portable device that —(a)

is powered by electricity and, when switched on, is capable of expelling or projecting a projectile; and

(b)

upon coming in contact with a person or an animal, is capable of inflicting injury or an electric shock by a high voltage, low amperage charge to such person or animal;

“firing mechanism”, for a gun, means the mechanism of the gun that is designed for the purpose of firing the gun, and includes a trigger mechanism or firing pin;

“gun accessory” means any object or thing that —(a)

is not a major part of a gun;

(b)

is not a weapon;

(c)

is designed to be fitted to, or adapted to fit, a gun; and

(d)

whether or not complete, damaged, temporarily or permanently inoperable, or unfinished, can be fitted to, or adapted to fit, is —(i)

a magazine adapter;

(ii)

a flash suppressor;

(iii)

a silencer, sound moderator, sound suppressor or any other device designed to reduce, or capable of reducing, the noise of discharge of the gun;

(iv)

a mechanism or other device designed to modify, or capable of converting, a gun to give it any of the following capabilities:(A)

burst fire;

(B)

semi-automatic operation;

(C)

fully automatic operation; or

(v)

any other mechanism or device that is prescribed (by description, model or otherwise) for the purposes of this definition;

“loading mechanism”, for a gun, means all the parts of the gun (except the barrel) that are designed to place or hold or to place and hold a round in position for firing, and includes the magazine of the gun, if any;

“prohibited gun” means a gun that —(a)

is particularly dangerous by reason of its design, construction or any other factor; or

(b)

by reason of its size or any other factor, could be more readily concealed than other guns of the same category or would be particularly suited to unlawful use,

such that, in the opinion of the Minister, it is expedient for the public safety to prescribe the gun to be a prohibited gun;

“prohibited gun accessory” means any gun accessory that could easily convert a gun to become —(a)

a more dangerous gun (whether or not a prohibited gun);

(b)

a more easily concealed gun; or

(c)

a gun which would be particularly suited to unlawful use,

such that, in the opinion of the Minister, it is expedient for the public safety to prescribe the gun accessory to be a prohibited gun accessory;

“receiver”, for a gun, means the body or frame of the gun that is designed to hold the firing mechanism or the loading mechanism or both in place, but does not include the stock or barrel of the gun;

“sound moderator” means a device designed or adapted to be attached to, or comprising part of, a gun to muffle the report when the gun is fired, and includes baffles, tubes or other parts that when fitted together would comprise a sound moderator;

“stun gun” means a portable device which is powered by electricity and from which any electric current, discharge, impulse, wave or beam can be emitted and if directed at an individual or animal, can incapacitate temporarily, injure or kill the individual or animal.