§ 38 — Unauthorised transfer of guns, explosives, etc.

38.—(1) A person commits an offence if the person —(a)

transfers, or takes part in the transfer of, a gun, a major part of a gun, or a gun accessory, an explosive or explosive precursor, or a weapon or noxious substance, to another (called in this section the acquirer); and

(b)

intentionally or negligently does not do any of the following before transferring the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance:(i)

request the acquirer to show to the person the acquirer’s licence to possess or use the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance (as the case may be) and inspect the licence;

(ii)

request the acquirer to show that the acquirer is a class licensee authorised under a class licence to possess or use that gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance.

(2) A person who is guilty of an offence under subsection (1) shall —(a)

if a gun is involved, be punished with —(i)

where the person is an individual — imprisonment for a term not exceeding 36 months and a fine as follows, whichever is applicable:(A)

not exceeding $5,000 for each fully assembled gun involved or $50,000 in total, whichever is the lower;

(B)

not exceeding $50,000; or

(ii)

where the person is not an individual — a fine as follows, whichever is applicable:(A)

not exceeding $5,000 for each fully assembled gun involved or $100,000 in total, whichever is the lower;

(B)

not exceeding $100,000;

(b)

if a major part of a gun is involved, be punished with —(i)

where the person is an individual — imprisonment for a term not exceeding 36 months and a fine not exceeding $50,000; or

(ii)

where the person is not an individual — a fine not exceeding $100,000;

(c)

if a gun accessory is involved, be punished with —(i)

where the person is an individual — imprisonment for a term not exceeding 24 months and a fine not exceeding $20,000; or

(ii)

where the person is not an individual — a fine not exceeding $40,000;

(d)

if an explosive is involved, be punished with —(i)

where the person is an individual — imprisonment for a term not exceeding 36 months and a fine not exceeding $50,000; or

(ii)

in any other case — a fine not exceeding $100,000;

(e)

if an explosive precursor is involved, be liable on conviction —(i)

where the person is an individual — to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 24 months or to both; or

(ii)

in any other case — to a fine not exceeding $100,000; or

(f)

if a noxious substance or a weapon is involved, be punished with —(i)

where the person is an individual — imprisonment for a term not exceeding 24 months and a fine not exceeding $20,000; or

(ii)

in any other case — a fine not exceeding $40,000.

(3) Subsection (1) does not apply in relation to the surrender of a gun, a major part of a gun or a gun accessory, an explosive or explosive precursor, or a weapon or noxious substance, to a police officer or in compliance with section 39.

—(1) A person commits an offence if the person —(a)

transfers, or takes part in the transfer of, a gun, a major part of a gun, or a gun accessory, an explosive or explosive precursor, or a weapon or noxious substance, to another (called in this section the acquirer); and

(b)

intentionally or negligently does not do any of the following before transferring the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance:(i)

request the acquirer to show to the person the acquirer’s licence to possess or use the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance (as the case may be) and inspect the licence;

(ii)

request the acquirer to show that the acquirer is a class licensee authorised under a class licence to possess or use that gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance.

(2) A person who is guilty of an offence under subsection (1) shall —(a)

if a gun is involved, be punished with —(i)

where the person is an individual — imprisonment for a term not exceeding 36 months and a fine as follows, whichever is applicable:(A)

not exceeding $5,000 for each fully assembled gun involved or $50,000 in total, whichever is the lower;

(B)

not exceeding $50,000; or

(ii)

where the person is not an individual — a fine as follows, whichever is applicable:(A)

not exceeding $5,000 for each fully assembled gun involved or $100,000 in total, whichever is the lower;

(B)

not exceeding $100,000;

(b)

if a major part of a gun is involved, be punished with —(i)

where the person is an individual — imprisonment for a term not exceeding 36 months and a fine not exceeding $50,000; or

(ii)

where the person is not an individual — a fine not exceeding $100,000;

(c)

if a gun accessory is involved, be punished with —(i)

where the person is an individual — imprisonment for a term not exceeding 24 months and a fine not exceeding $20,000; or

(ii)

where the person is not an individual — a fine not exceeding $40,000;

(d)

if an explosive is involved, be punished with —(i)

where the person is an individual — imprisonment for a term not exceeding 36 months and a fine not exceeding $50,000; or

(ii)

in any other case — a fine not exceeding $100,000;

(e)

if an explosive precursor is involved, be liable on conviction —(i)

where the person is an individual — to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 24 months or to both; or

(ii)

in any other case — to a fine not exceeding $100,000; or

(f)

if a noxious substance or a weapon is involved, be punished with —(i)

where the person is an individual — imprisonment for a term not exceeding 24 months and a fine not exceeding $20,000; or

(ii)

in any other case — a fine not exceeding $40,000.

(3) Subsection (1) does not apply in relation to the surrender of a gun, a major part of a gun or a gun accessory, an explosive or explosive precursor, or a weapon or noxious substance, to a police officer or in compliance with section 39.