Gazette November 7 2022 Part A VOL. CLVII No. 116

Nov 7, 2022 | Part A

FIREARMS (AMENDMENT) ACT, 2022

OBJECTS AND REASONS

This Bill would amend the Firearms Act, Cap. 179 to

  1. revise the offences relating to the use of firearms;
  2. revise the penalties for offences under that Act;
  3. provide for licences for firearms for the purposes of hunting and sport shooting; and
  4. provide for related matters.

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FIREARMS (AMENDMENT) ACT, 2022

BARBADOS

A Bill entitled

An Act to amend the Firearms Act, Cap. 179. ENACTED by the Parliament of Barbados as follows:

Short title 1.

This Act may be cited as the Firearms (Amendment) Act, 2022.

Amendment of section 2 of Cap. 179

  1. Section 2 of the Firearms Act, Cap. 179, in this Act referred to asthe principal Act, is amended
    1. by deleting the definition of “imitation firearm” and substituting the following:
      “ “imitation firearm” means anything which has the appearance of being a firearm, but is not a firearm, whether or not it is capable of discharging any shot, bullet or other missile;”; and
    2. by inserting the following definition in the appropriate alphabetical order:“ “hunting firearm licence” means a licence granted under section 13B; “sporting firearm licence” means a licence granted under section13A;”.

      Insertion of section 13A into Cap. 179
  2. The principal Act is amended by inserting the following new section

after section 13:

“Sporting firearm licence

13A.(1) A person who is desirous of possessing or carrying a firearm

for sporting purposes shall apply to the Commissioner in the prescribed form for a sporting firearm licence.

  1. Subject to this Act, the Commissioner shall not grant a sportingfirearm licence unless
    1. he is satisfied that the applicant is a current member of a shooting-club licensed under section 12;
    2. the applicant demonstrates that the licence is required for sport or target shooting;
    3. the applicant demonstrates that he intends to participate in sport or target shooting competitions; or
    4. any combination of (a), (b) and (c) are applicable.
  2. A person who holds a sporting firearm licence may engage in
    1. sport or target shooting on a shooting range maintained by a shooting-club;
    2. sport or target shooting competitions held by a shooting-club whether alone or in conjunction with any other shooting-club.
      Hunting firearm licence13B.(1) A person who is desirous of possessing or carrying a firearmfor hunting purposes shall apply to the Commissioner in the prescribed form for a hunting firearm licence.
      1. Subject to this Act, the Commissioner shall not grant a huntingfirearm licence unless
        1. the applicant demonstrates that the licence is required for hunting; and
        2. the applicant demonstrates that he intends to participate in hunting.
      2. Subject to any other enactment regulating hunting, a person who
      holds a hunting firearm licence may engage in hunting.”.
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      Amendment of section 15 of Cap. 1794.(a)
      (b)

Section 15 of the principal Act is amended

by deleting the shoulder note and substituting the words “Revocation of licences and surrender of firearms and ammunition”;

in subsection (2), by deleting the word “not” appearing in the last line; and

in subsection (3), by inserting immediately after the word “licence” appearing the last line, the words “and the firearm and ammunition”.

Amendment of Cap. 179

  1. The principal Act is amended by deleting the cross-headingappearing immediately after section 14 and substituting the following:
    “Revocation of Licences and Surrender of Firearms and Ammunition”.
    Amendment of section 16 of Cap. 179
  2. Section 16 of the principal Act is amended by deleting the word “it”in subsection (5) and substituting the words “the licence, firearm and ammunition”.
    Repeal and replacement of section 29 of Cap. 179
  3. Section 29 of the principal Act is deleted and the following issubstituted:
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    “Prosecution and punishment of offences29.(1) Any person who uses a firearm or an imitation firearm,whether by discharging the firearm or by brandishing or otherwise using the firearm or imitation firearm
    1. while committing or attempting to commit an indictable offence; or
    2. during flight after committing or attempting to commit an indictable offence,whether or not he causes or intends to cause bodily harm to any person as a result thereof, is guilty of an offence.(2) A person who aids, abets, counsels or procures another orconspires with another to commit an offence under this Act, is guilty of an offence and is liable to the same punishment as is provided for that offence.”.

      Repeal and replacement of section 30 of Cap. 179
  4. Section 30 of the principal Act is deleted and the following issubstituted:
    “Punishment for certain offences30.(1) A person who is guilty of an offence under section 3(9), 7(3),or 29(1) shall on conviction on indictment
    1. in the case of a first offence, except as provided in paragraph (b)(ii), be sentenced to imprisonment for not less than 10 years and not more than 20 years; or
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    2. in the case of
      1. a second or subsequent offence be sentenced to imprisonment for life or a lesser term, being not less than 20 years; or
      2. a first offence committed by a person who prior to the commencement of this section was convicted of an indictable offence in the course of which or during his flight after the commission of which he used a firearm be sentenced to imprisonment for life or a lesser term, being not less than 20 years.
        1. The court shall impose at least the lesser sentence specified insubsection (1)(a), with or without a fine of $100 000, unless the conditions specified in subsection (3) are satisfied.
        2. The conditions referred to in subsection (2) are as follows:
          1. the person who committed the offence was under the age of 18 years at the time of the commission of the offence;
          2. the person who committed the offence has not been previously convicted of an indictable offence of a violent nature;
          3. public safety and public order will not be prejudiced; or
          4. the court is of the opinion that there are exceptional circumstances relating to the offence or the person convicted of the offence which justify its not doing so.
        3. Any firearm, imitation firearm or ammunition in respect of
        which an offence under this Act has been committed shall, with effect from the date of the conviction of the accused person for that offence, be forfeited to the State.”.
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        Insertion of sections 30A and 30B into Cap. 179
  5. The principal Act is amended by inserting the following new sectionsafter section 30:
    “Joinder of counts30A.(1) Notwithstanding section 24 of the Juries Act, Cap. 115B,section 5 of the Indictments Act, Cap. 136, and any other law to the contrary, a count for an offence under section 3(9), 7(3) or 29(1) of this Act may be joined in the same indictment as a count of murder if it is alleged that the accused used a firearm to commit the offence of murder.
    1. For the purposes of this Act,
      1. the array of 12 jurors shall preside at the trial and shall render verdicts in accordance with sections 38 and 39 of the Juries Act, Cap. 115B; and
      2. the period of 3 hours set out in sections 41(1) and 43 of the
    Juries Act shall be extended to 4 hours.
    Sentencing30B.(1) Notwithstanding any law to the contrary, a sentence ofimprisonment imposed on a person convicted of an indictable offence under this Act shall be served consecutively to any other sentence of imprisonment imposed for an offence arising out of the same event or series of events and to any other sentence to which he is subject at the time the sentence is imposed on him for an offence under this Act.
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    1. The court may order that a sentence of imprisonment on a personconvicted of an indictable offence under this Act shall not be served in the manner set out in subsection (1) where
      1. the person who committed the offence was under the age of 18 years at the time of the commission of the offence;
      2. the person who committed the offence has not been previously convicted of an indictable offence of a violent nature;
      3. public safety and public order will not be prejudiced; or
      4. the court is of the opinion that there are exceptional circumstances relating to the offence or the person convicted of the offence which justify its not doing so.”.


    Amendment of section 32 of Cap. 179
  6. Section 32 of the principal Act is amended in subsection (1) byinserting the following paragraph after paragraph (d):
    “(d.1) prescribing the conditions relating to sporting and hunting firearm licences;”.

    Commencement
  7. This Act shall come into operation on a date to be fixed by

Proclamation.

Read three times and passed the House of Assembly this day of , 2022.

Speaker

Read three times and passed the Senate this day of

, 2022.

President

PARLIAMENT

FIRST SESSION OF 2022-2027

BILL

cited as the Firearms (Amendment) Act, 2022

Government Printing Department

7th November, 2022

S.I. 2022 No. 94

Miscellaneous Controls Act CAP. 329

MISCELLANEOUS CONTROLS (CONTROL OF PRICES) (GENERAL) (AMENDMENT) (NO. 13) REGULATIONS, 2022

The Minister, in exercise of the powers conferred on him by section 3 of the

Miscellaneous Controls Act, makes the following Regulations:

  1. These Regulations may be cited as the Miscellaneous Controls(Control of Prices) (General) (Amendment) (No. 13) Regulations, 2022.
  2. The Schedule to the Miscellaneous Controls (Control of Prices)(General) Regulations, 2015 (S.I. 2015 No. 76) is amended by deleting the following items:“Diesel Fuel” “Gasolene” “Kerosene”“Liquefied Petroleum Gas”appearing in the first column of the Schedule under the Article “PETROLEUM PRODUCTS” and all the words appearing opposite thereto in the columns marked “WHOLESALE PRICE” and “RETAIL PRICE” and substituting therefor the items set out in the Schedule to these Regulations, together with the wholesale and retail prices set out in respect of those items.
  3. These Regulations shall come into operation on the 9th day of

SCHEDULE

(Regulation 2)

ARTICLEWHOLESALE PRICE(not greater than)RETAIL PRICE(not greater than)
PETROLEUM PRODUCTS:
Diesel Fuel$3.83160 per litre$4.03 per litre
Gasolene$3.93123 per litre$4.23 per litre
Kerosene$2.37407 per litre$2.42 per litre
Liquefied Petroleum Gas$37.76 per cylinder containing 20 lbs
$41.54 per cylinder containing 22 lbs
$47.01 per cylinder containing 25 lbs
$167.66 per cylinder containing 100 lbs

Made by the Minister this 7th day of November, 2022.

S. HUSBANDS

Minister responsible for Energy and Business (Ag.)

7th November, 2022

S.I. 2022 No. 95

Road Traffic Act CAP. 295

ROAD TRAFFIC (FEE FOR DRIVING LICENCE AND LEARNER’S PERMIT) (AMENDMENT) ORDER, 2022

The Minister, in exercise of the powers conferred on him by sections 63(2) and 76(1) of the Road Traffic Act, makes the following Order:

  1. This Order may be cited as the Road Traffic (Fee for Driving Licenceand Learner’s Permit) (Amendment) Order, 2022.
  2. Paragraph 4 of the Road Traffic (Fee for Driving Licence andLearner’s Permit) Order, 1985 (S.I. 1985 No. 44) is deleted and the following is substituted:

    “4. For the purposes of section 76(1) of the Act, the fee payablein respect of a driving licence for
    1. one year is $50;
    2. three years is $125;
    3. five years is $200; and
      2 S.I. 2022 No. 95
    4. ten years is $400.”.

Made by the Minister this 18th day of October, 2022.

M. A. MOTTLEY Minister responsible for Finance

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Printed and Published by

the Barbados Government Printing Department