§ 39 — Surrender of guns, etc., by unauthorised persons

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

the person —(i)

comes into possession of a gun, a major part of a gun, or a gun accessory, an explosive or explosive precursor, or a weapon or noxious substance but is not authorised by or under this Act to use, store or possess the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance, as the case may be; or

Illustration

A person who has possession of the gun because of the death of the individual licensed to possess it, by inheritance or as estate administrator.

A person who discovers in the course of excavating his land for building works unearths an undetonated bomb from the time of the Japanese Occupation of Singapore.

(ii)

continues in possession of a gun, a major part of a gun, or a gun accessory, an explosive or explosive precursor, or a weapon or noxious substance when the person stops being authorised under this Act to use, store or possess the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance; and

(b)

the person intentionally or negligently fails, without delay, to surrender the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance (as the case may be) to a police officer or a person designated by the Licensing Officer for the purpose of this section.

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

where the person is an individual —(i)

to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both; but

(ii)

where the individual is a repeat offender — to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —(i)

to a fine not exceeding $20,000; but

(ii)

where the person is a repeat offender — to a fine not exceeding $40,000.

(3) In this section, a person stops being authorised under this Act to possess or use a gun, a major part of a gun or a gun accessory, an explosive or explosive precursor, or a weapon or noxious substance if any of the following apply:(a)

the person’s licence to possess the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance (as the case may be) expires or is revoked;

(b)

the person’s licence to possess the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance (as the case may be) is suspended for the time the licence is suspended;

(c)

the person’s class licence stops applying to the person.

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

the person —(i)

comes into possession of a gun, a major part of a gun, or a gun accessory, an explosive or explosive precursor, or a weapon or noxious substance but is not authorised by or under this Act to use, store or possess the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance, as the case may be; or

Illustration

A person who has possession of the gun because of the death of the individual licensed to possess it, by inheritance or as estate administrator.

A person who discovers in the course of excavating his land for building works unearths an undetonated bomb from the time of the Japanese Occupation of Singapore.

(ii)

continues in possession of a gun, a major part of a gun, or a gun accessory, an explosive or explosive precursor, or a weapon or noxious substance when the person stops being authorised under this Act to use, store or possess the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance; and

(b)

the person intentionally or negligently fails, without delay, to surrender the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance (as the case may be) to a police officer or a person designated by the Licensing Officer for the purpose of this section.

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

where the person is an individual —(i)

to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both; but

(ii)

where the individual is a repeat offender — to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —(i)

to a fine not exceeding $20,000; but

(ii)

where the person is a repeat offender — to a fine not exceeding $40,000.

(3) In this section, a person stops being authorised under this Act to possess or use a gun, a major part of a gun or a gun accessory, an explosive or explosive precursor, or a weapon or noxious substance if any of the following apply:(a)

the person’s licence to possess the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance (as the case may be) expires or is revoked;

(b)

the person’s licence to possess the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance (as the case may be) is suspended for the time the licence is suspended;

(c)

the person’s class licence stops applying to the person.