FIREARMS

(i) the growing of rice, all field crops, spices and condiments, industrial crops, vegetables, fruits, flowers, pasture and fodder;

(ii) dairy farming, livestock rearing and breeding, or

(iii) plant and fruit nurseries;

(a) any barrelled weapon of any description from which any shot, pellet or other missile can be discharged with sufficient force to penetrate not less than eight straw boards, each of three-sixty-fourth of an inch thickness placed one-half of an inch apart, the first such straw board being at a distance of fifty feet from the muzzle of the weapon, the plane of the straw boards being perpendicular to the line of fire; or

(b) any component part of any such weapon; or

(c) any accessory to any such weapon designed or adapted-

(d) any weapon of whatever description designed or adapted for the discharge of any noxious substance;

but does not include an air gun;

(a) any licence (not being a licence for the possession of a gun in respect of which a permit for purchase or transfer has been issued under this Ordinance) ;

(b) any permit under this Ordinance.

(1) When any person on whom the duty of taking out a licence is cast by this Ordinance has complied with the requirements of the Ordinance and taken out the necessary licence, it shall be his duty, before the expiration of the period for which such licence has been granted, to make application for a renewal of the licence for the next ensuing period, if he desires, during such further period, to continue to enjoy the privilege conferred on him by the already existing licence. [§ 3.18 of 1955] The licensing authority may require as a condition precedent to the consideration of such application that the applicant provides for inspection of the gun which is the subject of the application.

(2) The licensing authority may, in his discretion, refuse the renewal of any licence.

(3) A licence may be renewed by the endorsement of the renewal thereof by the licensing authority on the original licence, and each renewal shall be subject to the same stamp duty as the original licence.

(1) The Secretary may, by notice served upon the holder thereof, withdraw any licence or permit issued under this Ordinance-

(2) The decision of the Secretary shall be final and conclusive. Secretary’s decision final.

(1) The importation of guns or parts of guns into Sri Lanka is prohibited, except-

(2) Any person importing a gun or any part of a gun into Sri Lanka otherwise than in accordance with this section shall be guilty of an offence, and shall be liable on summary conviction to a fine not exceeding one hundred rupees, or to imprisonment of either description for a period not exceeding six months, or to both; or on conviction before a District Court to a fine not exceeding ten thousand rupees, or to imprisonment of either description for a period not exceeding five years, or to both.

(1) Any person licensed under section 12 of this Ordinance (hereinafter referred to as a “licensed dealer”) who shall import a gun into Sri Lanka for the purpose of his business shall not remove such gun from the customs premises to his place of business until he shall have obtained a permit from the Secretary authorizing him so to remove the gun. Such permit shall be substantially in form B 1 in Schedule A.

(2) Any person other than a licensed dealer, or a passenger under section 9 (1) (b), who shall import a gun into Sri Lanka shall not remove the said gun from the customs premises until he shall have made a declaration to the customs authorities substantially in Form B 2 in Schedule A, and obtained a permit from the Secretary substantially in such form.

(3) Such permits shall be granted on application, provided, however, that in any special case the application may be referred for the order of the Minister.

(4) Any person removing any gun from the customs premises without such permit, or otherwise than in accordance with its provisions, shall be guilty of an offence against this Ordinance.

(1) No person shall expose or keep for sale any gun without a licence from the Secretary.

(2) Every such licence shall be as near as is material in Form D in Schedule A, and shall bear a stamp of five hundred rupees.

(3) Every such licence shall be annual, and shall expire on the thirty-first day of December next ensuing after the issue thereof.

(4) Any person exposing or keeping for sale any gun except in accordance with this section shall be guilty of an offence against this Ordinance.

(1) It shall be the duty of every person licensed under section 12-

(2) It shall be lawful for any police officer not below the rank of Sub-Inspector, or any person authorized in writing by the Inspector-General of Police, at any reasonable time, to take a copy of the entries in such register or any portion thereof, and to examine the stock of guns of any person licensed as aforesaid.

(3) Any person failing to keep a register and make the entries prescribed by this section shall be guilty of an offence against this Ordinance, and any person obstructing any officer acting in pursuance of subsection (2) hereof shall be guilty of an offence, and shall be punishable with the penalties prescribed by section 183 of the Penal Code.

(1) Every person desirous of purchasing a gun from a licensed dealer shall apply to the licensing authority for a permit to purchase. Every such application shall be substantially in accordance with that contained in form F in Schedule A.

(2) The licensing authority may, on being satisfied that there is no objection thereto, issue the permit to the intending purchaser, and such permit shall be the licensed dealer’s authority for selling such gun to the said purchaser.

(3) It shall be the duty of the licensed dealer in any such case to enter the number of the permit in his register, and to [§9,22 of 1996] forward the permit to the licensing authority within three days of the sale.

(4) Every such permit shall lapse on the expiration of thirty days from the date of its issue.

(5) Any licensed dealer selling or otherwise disposing of any gun, except in accordance with this section, or upon a permit that has lapsed, shall be guilty of an offence against this Ordinance.

(1) No person shall transfer any gun for the possession of which a licence has been issued under this Ordinance by way of sale or by way of pledge or gift to any other person save in accordance with a permit issued to the intending transferee by the licensing authority authorizing such transfer.

(2) Every such permit shall be issued on payment of a fee of fifty rupees and shall be in accordance with form G in Schedule A, and shall lapse after the expiration of thirty days from the date thereof.

(3) Any person transferring any gun to any other person otherwise than in accordance with this section, and any person receiving any gun so transferred, shall be guilty of an offence against this Ordinance, and shall on conviction be punishable for the first offence as provided in paragraph (a) of subsection (3) of section 22 and for the second or any subsequent offence as provided in paragraph (b) of that subsection.

(1) Every person transferring a gun in accordance with such permit shall deliver to the transferee with the gun the licence under which he is authorized to possess the gun, and the transferee shall, within ten days of obtaining the said gun and licence, apply to the licensing authority for the endorsement to himself of such licence, and upon the endorsement of such licence to the transferee by the licensing authority the transferee shall have all the rights and shall be subject to all the liabilities of the transferor under the said licence in lieu of the said transferor.

(2) The provisions of this section and of section 15 shall not apply to transfers to licensed dealers, but in the case of any such transfer it shall be the duty of the transferee to require as a condition of the transfer that the gun licence issued in respect of the gun shall be delivered to him with the gun, and within three days of the receipt of such licence to forward the same to the licensing authority endorsed with a memorandum of the transaction. A licensed dealer who fails to comply with the provisions of this subsection shall be guilty of an offence against this Ordinance.

(1) No person shall manufacture any gun without a licence from the licensing authority.

(2) Every such licence shall be as near as is material in Form H in Schedule A, and shall bear a stamp of five hundred rupees.

(3) Every such licence shall be annual, and shall expire on the thirty-first day of December next ensuing after the issue thereof.

(4) A licence shall not be issued to any person under this section unless he is already a holder of a licence to sell guns under section 12

(5) Any person manufacturing a gun in contravention of this section shall be guilty of an offence against this Ordinance.

(1) Every gun made by a manufacturer of guns licensed in Sri Lanka, after the passing of this Ordinance, shall bear the name of the manufacturer, together with a consecutive number, legibly engraved on the barrel.

(2) Any licensed manufacturer who shall fail so to mark any gun made by him shall be guilty of an offence against this Ordinance.

(1) It shall be the duty of every person licensed under section 17-

(2) It shall be lawful for any police officer not below the rank of Sub-Inspector, or any person authorized in writing by the Inspector-General of Police, at any reasonable time, to take a copy of any entries in such register, and to examine the stock of guns of any such manufacturer.

(3) Any person failing to keep a register and make the entries prescribed by this section shall be guilty of an offence against this Ordinance, and any person obstructing any officer or person acting in pursuance of subsection (2) hereof shall be guilty of an offence, and shall be punishable with the penalties prescribed by section 183 of the Penal Code.

(1) No person shall execute any repair to a gun for reward, unless he shall hold a licence as repairer of guns authorizing such repair.

(2) Every such licence shall be substantially in form J in Schedule A, and shall in the case of persons already holding a licence as manufacturers under section 17 be free of stamp duty, and in all other cases shall bear a stamp of five hundred rupees.

(3) Every such licence shall be annual, and shall expire on the thirty-first day of December next ensuing after the issue thereof.

(4) It shall be lawful for the licensing authority to exempt any licensed manufacturer or any licensed dealer from the provisions of this section.

(5) A licence to repair guns under this section shall authorize the person licensed to repair any lock or barrel, but shall not authorize such person to insert a lock or a barrel into a gun, unless such person holds a licence as a manufacturer under this Ordinance.

(6) Any person repairing a gun in contravention of this section shall be guilty of an offence against this Ordinance.

(1) No licensed repairer shall receive for the purpose of repair any gun, unless the person tendering the gun for repair shall produce and deposit with the repairer either-

(2) Such licence or certificate shall be retained by the repairer until the gun is returned to the owner, and shall in the meantime be open to inspection by any peace officer.

(3) Any licensed repairer receiving a gun for repair in contravention of the provisions of this section shall be guilty of an offence against this Ordinance, and any person obstructing any peace officer acting in pursuance of subsection (2) hereof shall be guilty of an offence, and shall be punishable with the penalties prescribed by section 183 of the Penal Code.

(1) No person shall have in his custody, or gun possess or use, any gun, unless he shall hold a licence therefor in accordance with this Ordinance (herein referred to as a gun licence).

(2) Nothing in this section contained shall apply or extend-

(3) Any person contravening the provisions of this section shall be guilty of an offence against this Ordinance and shall on conviction be punishable-

Provided that where the offence consists of having the custody or possession of, or of using, an automatic gun or repeater shotgun, the offender shall be punished with imprisonment for life:

Provided further that where the offence consists of having the custody and possession of, or of using a smooth bore shotgun of the muzzle-loading variety, the offence, shall be punishable as provided for in section 44.

(4) Every offence under this section shall be finger printable upon conviction as if such offence were included in the Schedule of finger printable offences under the Prevention of Crimes Ordinance (Chapter 22).

(1) Every person desiring to obtain a gun licence shall, within ten days of his having obtained possession of the gun in respect of which the licence is desired, make application, either personally or in writing, in the form L in Schedule A, to the licensing authority, specifying-

(2) The licensing authority may thereupon being satisfied that the applicant has the necessary skill to use such gun issue to the applicant, in respect of such gun, a licence as near as is material in the form M in Schedule A.

(3) Every such licence shall be annual, and shall expire on the thirty-first day of December next ensuing after the issue thereof.

(4) No gun licence shall be issued in respect of any gun of a class which the Minister may by Order declare to be a dangerous class of firearms:

(1) An appeal lies from a decision of the licensing authority refusing the issue or renewal of a permit or a licence under this Ordinance to a Board of Review appointed for the purpose by the Minister, consisting of three persons of whom one shall be a retired Judge who has been a judge of a court at the level of a District Court or above, one shall be a retired police officer who has held a post not below the rank of Senior Superintendent of Police and one shall be a retired officer of the Sri Lanka Administrative Service. The Chairman of the Board shall be the retired judge.

(2) Any officer of a rank not below that of a Deputy Inspector-General of Police, may appeal to the Board of Review from a decision of the licensing authority allowing the issue of a licence to a person under this Ordinance to possess a gun.

(3) The decision of the Board of Review on any appeal under this section shall be final.

(4) The Minister may make regulations with respect to the hearing of appeals under this section and such regulations may provide for the time and the manner of preferring such appeals and the fees payable for such appeals and the procedure to be observed in the hearing of such appeals.

(1) Where the Board of Review reverses the decision to return his of the licensing authority by allowing the issue of a licence on licence if Board of Review on an appeal made to it under section 25 (2), it shall by a written appeal decides communication inform the person to whom such licence was issued of the decision and request such person to transmit the licence to the licensing authority within the period specified in such communication.

(2) If a person to whom a licence has been issued under this Ordinance to possess a gun fails, on receipt of a written communication under subsection (1) of this section, to transmit such licence to the licensing authority within the period specified in that communication, he shall be guilty of an offence under this Ordinance.

(1) Whenever the licensing authority is not satisfied that any gun for which a licence is required is marked with such name or figures, or in such other manner as may admit of ready identification, it shall be lawful for such licensing authority, before granting the licence applied for, to require the applicant to produce to him any such gun, and thereupon to cause the same to be marked on the barrel with some permanent mark whereby the same may afterwards be known and identified, but in such manner as not to injure or disfigure the same, and such gun when duly marked shall, with the licence relating thereto, be delivered to the said applicant ; the expenses attendant on such marking shall be defrayed by the licensing authority out of public funds.

(2) Anyone obliterating, defacing, altering, or counterfeiting any such mark shall be guilty of an offence against this Ordinance.

(1) In the following cases, that is to say :-

it shall be the duty of the licensee in case (a) to deliver up, within ten days of the expiration of the licence, to the licensing authority such gun and licence, and to deposit such gun at such place as the licensing authority shall direct; and in cases (b) and (c) to deposit such gun and licence at such place as he shall be directed by the licensing authority in the written notice notifying such refusal or withdrawal within ten days of the receipt of such notice.

(2)* In any of such cases, if the owner of the gun or any other person interested therein does not within one year from the date on which such gun is deposited apply for the delivery of it, and produce a licence authorizing him or some other person to possess the gun, such gun shall be forfeited to the State. Upon such forfeiture, the person who was the owner of such gun shall be entitled to compensation of an amount equal to the value of such gun as assessed by a competent person appointed for the purpose by the licensing authority.

(3) Any person failing to deliver up or deposit a gun in accordance with this section shall be guilty of an offence against this Ordinance.

(4) The owner of a gun may at any time, by surrendering such gun, together with any licence held in respect thereof, to the licensing authority, and by depositing such gun at such place as the licensing authority shall direct, free himself from all further responsibility with respect to the said gun and licence. Any gun so surrendered may be destroyed or otherwise disposed of as the licensing authority may direct.

(1) The Minister may from time to time by Order published in the Gazette and declared applicable either to the whole of Sri Lanka or any specified area thereof, direct every person who has any unlicensed gun in his custody or possession to deliver that gun to the officer in charge of the nearest police station within such period as may be specified for that purpose in the Order.

(2) Every person who has an unlicensed gun in his custody or possession in any area to which the Order published under subsection (1) applies, shall deliver that gun to the officer in charge of the nearest police station within the period specified in the Order. Every gun so delivered shall be kept in deposit in the police station at which it is delivered.

(3) Where before the expiry of three months from the date of delivery of any gun under subsection (2) the person by whom the gun was delivered obtains a licence to possess and use that gun under the provisions of this Ordinance and produces such licence to the officer in charge of the police station at which that gun is kept in deposit, the gun shall be returned to such person. The provision in section 23 as to the production of the gun before the licensing authority shall not apply in the case of any gun kept in deposit at a police station.

(4) Where within the period of three months referred to in subsection (3) no licence is produced in respect of any gun kept in deposit at a police station, that gun shall be forfeited to the State.

(5) Where a gun is delivered by any person in accordance with the provisions of subsection (2), such person shall not, by reason of his having had that gun in his custody, or possessed or used that gun, prior to the date of such delivery, be liable to any prosecution or punishment for any offence against section 22.

(a) that such gun was in such house or premises without his knowledge or privity; or

(b) that some other person is the possessor of the gun.

(1) Every licence holder shall report the destruction or loss of a gun in respect of which a gun licence has been issued to the licensing authority, within seven days of the destruction or loss of such gun. Duty on destruction or loss of guns.

(2) Any person failing to report such destruction or loss as aforesaid shall be guilty of an offence against this Ordinance.

(1) The licensing authority may issue, or may in his discretion authorize in writing any employer to issue, to any person employed as a watcher or otherwise for the protection of immovable property or crops or any other property, which in the opinion of the licensing authority may require special protection, a permit empowering such person to use for the purposes of his employment, and to carry, to or from the place of such employment, a gun in respect of which his employer holds a gun licence. Every such permit shall be issued on payment of a fee of rupees ten and such permit shall be substantially in form o in Schedule A.

(2) The licensing authority may at any time withdraw or cancel any such permit, whether issued by himself or by the employer, and may withdraw any authorization to an employer to issue such a permit. Any employer may at any time withdraw any permit issued by him under this section.

(3) Any employer who shall issue a permit under this section without the written authorization of the licensing authority, or who shall knowingly issue such a permit to any person who is a registered criminal as defined in the Prevention of Crimes Ordinance, or has been convicted of any of the offences set out in Schedule B, shall be guilty of an offence against this Ordinance.

(1) No person shall import any part of a gun other than a licensed dealer or manufacturer for the purpose of his lawful business, or other than a person who requires such part for any gun which he is licensed to possess under this Ordinance.

(2) No person shall possess any part of a gun other than a licensed dealer, manufacturer, or repairer for the purpose of his lawful business, or a person who requires such part for any gun which he is licensed to possess under this Ordinance.

(3) No person shall sell any part of a gun-

(4) No person shall manufacture any part of a gun other than a licensed manufacturer or repairer for the purpose of his lawful business.

(5) Any person acting in breach of any of the provisions of this section shall be guilty of an offence against this Ordinance.

(1) The Minister, whenever it appears necessary for the security of the public peace in any district that licences to possess and use guns should be cancelled or suspended, may, by Order published in the Gazette, cancel or suspend for a period to be named in the Order all such licences held by persons residing in the district.

(2) The Minister may, in any such Order as afore said, exempt any person by name or in virtue of his office, or any class of persons, from the operation of the order.

(3) For the purposes of this section the expression ” district” means any area the limits of which are defined by the Order issued under this section.

(1) After the publication of any such Order the District Secretary of the District to which such Order relates shall cause notice thereof in the language or languages of the district to be posted in the several courts and in such other places as may secure the greatest publicity thereto, and the said notice shall also be advertised by beat of tom-tom in the district at such places and times as the District Secretary of the District to which such Order relates may direct.

(2) Every such notice shall contain a copy or translation of the Order, and shall require all persons possessing guns, whether licensed or not, to deposit within a period of fifteen days from the date of the notice all guns in their custody or possession with the officer in charge of the nearest police station, or with such other officer as may be named in the notice.

(3) Where, by any Order under section 36, licences to possess and use guns have been cancelled, all guns which have been deposited in accordance with the last preceding subsection may be destroyed in such manner as the Secretary shall direct

(4) Before any gun is destroyed as aforesaid the value thereof shall be appraised by a competent person appointed for the purpose by the Secretary, and the value thereof shall be paid to the person by whom it was deposited.

(5) Any person failing to comply with the provisions of any such Order shall be guilty of an offence against this Ordinance.

(1) Every offence against this Ordinance shall, save as may be otherwise expressly prescribed, be tried in the Magistrate’s Court having jurisdiction over the division in which such offence is committed. It shall be lawful for any Magistrate’s Court imposing a punishment to impose a punishment prescribed for that offence by this Ordinance notwithstanding any limitation of the ordinary jurisdiction of that court. And the provisions of section 291 of the Code of Criminal Procedure Act shall be applicable to the cases of all convictions under this Ordinance. Informer’s reward.

(2) It shall be lawful for the court, in the case of any conviction under this Ordinance, to direct that any sum not exceeding half the fine actually recovered and realized shall be paid to the informer.

(1) Where any person is convicted of an offence under sections 9, 10, 11, 12, 17, 22, 28, 29, 37, or 43 of this Ordinance, any gun in respect of which the offence was committed shall be subject at the discretion of the court to confiscation : Provided that where the person convicted of the offence is not the owner of the gun, the court shall not order its confiscation-

(2) The court shall cause every gun so confiscated to be deposited at the nearest police station, or, in places where there are no police stations within a radius of ten miles, at the local kachcheri, and shall in cases where a licence has been issued in respect of such gun report its confiscation to the licensing authority, who will thereupon cancel the licence.

(1) It shall be lawful for the Minister in his discretion from time to time, by writing under the hand of the Secretary, to exempt any person or the holder of any office during his tenure of such office from the operation of all or any of the provisions of this Ordinance, and to cancel or revoke such exemptions when made.

(2) The Minister may by Order published in the Gazette declare that all or any of the provisions of this Ordinance shall not apply in any area specified in that Order. On publication of such Order, the provisions so declared shall not apply in the area specified in the Order.

(1) No person shall leave Sri Lanka taking a gun with him, unless he has previously informed the licensing authority in writing that he is taking the gun.

(2) Any person who contravenes the provisions of subsection (1) shall be guilty of an offence against this Ordinance.

(1) The address of any person holding any licence or permit under this Ordinance shall, for the purposes of the service of any notice or order under this Ordinance, be deemed to be the address of such person as specified in the licence or permit or such other address as (in the event of a change of address) shall have been notified to the licensing authority by registered letter, and any notice or order for the service of which occasion arises in pursuance of this Ordinance may (without prejudice to any other method of service) be so served by posting to such person a registered letter directed to such address.

(2) If any holder of a licence or a permit under this Ordinance changes his address, he shall, within fourteen days of such change, notify in writing to the licensing authority his new address. Any person who contravenes the preceding provisions of this subsection shall be guilty of an offence against this Ordinance.

(1) No person shall sell any cartridges to any other person, unless the purchaser shall produce to the vendor a gun licence authorizing him to possess a gun of the type for which the cartridges sought are adapted, or is a person exempted under section 46 of this Ordinance from the liability to obtain a licence in respect of any such gun, or holds a permit under section 22 (2) (i) of this Ordinance.

(2) In the case of every such sale it shall be the duty of the vendor to enter in a book the name of the purchaser, the character and quantity of the cartridges sold, and the number or other indication of the licence or permit, if any, and any further particulars which may be prescribed by regulations made by the Minister.

(3) Any person infringing any of the provisions of this section shall be guilty of an offence against this Ordinance.

(1) The Minister may make regulations for the purpose of giving effect to the principles and provisions of the Ordinance or in respect of any matter which is required to be prescribed, or in respect of which regulations are authorised to be made by this Ordinance.

(2) Every regulation made by the Minister under subsection (1) shall be published in the Gazette and shall come into operation upon such publication or on such later date as may be specified in the regulation.

(3) Every regulation made by the Minister under subsection (1) shall as soon as convenient after its publication in the Gazette, be brought before Parliament for approval. Any regulation which is not so approved shall be deemed to be rescinded from the date of such disapproval, but without prejudice to anything previously done thereunder.