Arms Offences Act 1973

Source: Singapore Statutes Online | Archived by Legal Wires


Arms Offences Act 1973
2020 REVISED EDITION
This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021
An Act relating to the unlawful possession of guns and ammunition and the carrying and using of guns.
[Act 3 of 2021 wef 01/07/2025]
[8 February 1974]
Short title
1.  This Act is the Arms Offences Act 1973.
Interpretation
2.  In this Act, unless the context otherwise requires —
[Deleted by Act 3 of 2021 wef 01/07/2025]
[Deleted by Act 3 of 2021 wef 01/07/2025]
“carry”, in relation to a gun, includes to have on or about an individual’s person;
[Act 3 of 2021 wef 01/07/2025]
“gun” has the meaning given by section 3 of the Guns, Explosives and Weapons Control Act 2021, and excludes an imitation gun;
[Act 3 of 2021 wef 01/072025]
“imitation gun” means 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, or any such object that is produced and identified as a toy;
[Act 3 of 2021 wef 01/07/2025]
“import” means to bring or cause to be brought into Singapore by any means from any place;
“scheduled offence” means any offence specified in the Schedule;
[Deleted by Act 3 of 2021 wef 01/07/2025]
“trafficking in guns” means to import, supply or transfer 2 or more guns (whether or not of the same kind) in contravention of the Guns, Explosives and Weapons Control Act 2021, or any Act, repealed by that Act intending to —
(a)injure, or endanger the safety of, another person;
(b)cause reasonable fear of the infliction of injury to another person; or
(c)destroy or damage any property;
[Act 3 of 2021 wef 01/07/2025]
“unlawful possession”, in relation to a gun, means possession of a gun when —
(a)not authorised by a licence or a class licence under the Guns, Explosives and Weapons Control Act 2021;
(b)not in accordance with the conditions of a licence or a class licence mentioned in paragraph (a); and
(c)not exempt from the Guns, Explosives and Weapons Control Act 2021 with respect to possession of that gun;
[Act 3 of 2021 wef 01/07/2025]
“use”, means —
(a)to fire the gun; or
[Act 3 of 2021 wef 01/07/2025]
(b)to hold the gun so as to cause a reasonable belief that it will be fired, whether or not it is capable of being fired.
[Act 3 of 2021 wef 01/07/2025]
Unlawful possession of gun with criminal intent
3.—(1)  A person commits an offence if —
(a)the person carries a gun intending to —
(i)injure, or endanger the safety of, another person;
(ii)cause reasonable fear of the infliction of injury to another person;
(iii)destroy or damage any property; or
(iv)facilitate another person to injure, or endanger the safety of, another person, cause reasonable fear of the infliction of injury to another person, or destroy or damage any property, using the gun; and
(b)the person is then in unlawful possession of the gun.
(2)  A person who is guilty of an offence under subsection (1) shall on conviction be punished with imprisonment for a term of not less than 5 years and not more than 10 years and shall also be punished with caning with not less than 6 strokes.
(3)  However, where a person who is convicted of an offence under subsection (1) is proved to have been previously convicted of a scheduled offence, the person shall on conviction be punished with imprisonment for a term of not less than 5 years and not more than 20 years and shall also be punished with caning with not less than 6 strokes.
[Act 3 of 2021 wef 01/07/2025]
Aggravating circumstances for scheduled offence
3A.  Where a person is convicted of a scheduled offence, the person shall be punished with imprisonment for life and shall also be punished with caning with not less than 6 strokes if the person, at the time of his committing or at the time of his apprehension for the scheduled offence —
(a)is carrying any gun; and
(b)is in unlawful possession of the gun.
[Act 3 of 2021 wef 01/07/2025]
Using or attempting to use guns
4.—(1)  Subject to any exception mentioned in Chapter 4 of the Penal Code 1871 which may be applicable (other than section 95), any person who uses or attempts to use any gun intending to injure, or endanger the safety of, another person, to cause reasonable fear of the infliction of injury or to destroy or damage any property shall be guilty of an offence and shall on conviction be punished with death.
[Act 3 of 2021 wef 01/07/2025]
(2)  In any proceedings for an offence under this section, any person who uses or attempts to use any gun shall, until the contrary is proved, be presumed to have used or attempted to use the gun intending to injure, or endanger the safety of, another person, to cause reasonable fear of the infliction of injury or to destroy or damage any property.
[Act 3 of 2021 wef 01/07/2025]
Using or attempting to use guns to commit scheduled offence
4A.  Subject to any exception mentioned in Chapter 4 of the Penal Code 1871 which may be applicable (other than section 95), any person who uses or attempts to use any gun at the time of his or her committing or attempting to commit any scheduled offence shall, whether or not the person has any intention to cause physical injury to any individual or property, be guilty of an offence and shall on conviction be punished with death.
[Act 3 of 2021 wef 01/07/2025]
Punishment for accomplices
5.  Where any gun is used by any person in committing or in attempting to commit any offence or where an offence under section 4A has been committed by any person, each of the person’s accomplices present at the scene of the offence who may reasonably be presumed to have known that the person was carrying or had in the person’s possession or under the person’s control the gun, shall, unless the accomplice proves that he or she had taken all reasonable steps to prevent the use of the gun, be guilty of an offence and shall on conviction be punished with death.
[Act 3 of 2021 wef 01/07/2025]
Trafficking in guns
6.—(1)  Any person trafficking in guns shall be guilty of an offence and shall on conviction be punished with —
(a)death; or
(b)imprisonment for life and with caning with not less than 6 strokes.
[Act 3 of 2021 wef 01/07/2025]
(2)  [Deleted by Act 3 of 2021 wef 01/07/2025]
[Act 3 of 2021 wef 01/07/2025]
Consorting with person carrying guns
7.  Any person who consorts with, or is found in the company of, another person who is unlawfully carrying or is in unlawful possession of any gun in circumstances which raise a reasonable presumption that he or she knew that that other person was carrying or had in his or her possession or under his or her control any such gun shall, unless he or she proves that he or she had reasonable grounds for believing that that other person was not unlawfully carrying or was not in unlawful possession of the gun, be guilty of an offence and shall be liable on conviction to the like punishment as that other person with whom he or she was consorting or in whose company he or she was found.
[Act 3 of 2021 wef 01/07/2025]
Penalty for exhibiting imitation gun when committing scheduled offence
8.  Any person who at the time of committing or attempting to commit or abetting the commission of any scheduled offence exhibits any imitation gun in a manner likely to put any other person in fear of death or hurt shall be guilty of an offence and shall be liable on conviction to imprisonment for a term which may extend to 10 years and shall also be punished with caning with not less than 3 strokes.
[Act 3 of 2021 wef 01/07/2025]
Presumption
9.  Where any gun is found in or on any premises, the occupier of the premises is deemed to be in possession of the gun unless the occupier proves that some other person was in possession thereof, or the occupier had no knowledge or reasonable means of knowing that the gun was in or on the premises and that the occupier had taken all reasonable precautions against the gun being kept in or on the premises.
[Act 3 of 2021 wef 01/07/2025]
10.  [Repealed by Act 3 of 2021 wef 01/07/2025]
Saving of other written law
11.  The provisions of this Act have effect without affecting the provisions of the Guns, Explosives and Weapons Control Act 2021 or of any other written law for the time being in force in Singapore relating to unlawful possession of guns or ammunition.
[Act 3 of 2021 wef 01/07/2025]
Power to amend Schedule
12.  The Minister may at any time by order add to, amend or vary the Schedule.
THE SCHEDULE
Sections 2, 3(3) and (4), 4A, 8 and 12
Scheduled offences
1.  Being a member of an unlawful assembly under sections 143 to 145 of the Penal Code 1871.
2.  Rioting under sections 147, 148 and 152 of the Penal Code 1871.
3.  Offences against the person under sections 302, 304, 307, 324 to 327, 329 to 333, 356, 357 and 506 of the Penal Code 1871.
4.  Abduction or kidnapping under sections 361, 363 to 367 of the Penal Code 1871; and sections 3 to 5 of the Kidnapping Act 1961.
5.  Extortion under sections 384 to 389 of the Penal Code 1871.
6.  House‑breaking under sections 442, 448 to 453, 458A, 459 and 460 of the Penal Code 1871.
7.  Robbery under sections 392 to 397, 399 and 402 of the Penal Code 1871.
8.  Preventing or resisting arrest under sections 224 and 225 of the Penal Code 1871.
9.  Vandalism under section 3 of the Vandalism Act 1966.
10.  Mischief under sections 435, 436, 438 and 440 of the Penal Code 1871.
[15/2019]

LEGISLATIVE HISTORY

Arms Offences Act 1973

 

This Legislative History is a service provided by the Law Revision Commission on a best-efforts basis. It is not part of the Act.
Pictorial Overview of Predecessor Acts

Legislative History Details
PART 1
Arms Offences Act
(Chapter 94, 1970 Revised Edition)
1.  
Ordinance 37 of 1947—Arms Offences Ordinance, 1947
Bill
:
G.N. No. S 353/1947
First and Second Readings
:
Information not available
Third Reading
:
13 November 1947
Commencement
:
12 December 1947
2.  
G.N. No. S 394/1948—“The Arms Offences Ordinance, 1947”
Commencement
:
12 December 1948
3.  
Ordinance 42 of 1949—Arms Offences (Amendment) Ordinance, 1949
Bill
:
G.N. No. S 400/1949
First Reading
:
20 September 1949
Second and Third Readings
:
19 October 1949
Commencement
:
27 October 1949
4.  
G.N. No. S 476/1950—“The Arms Offences Ordinance, 1947”
Commencement
:
12 December 1950
5.  
Ordinance 11 of 1951—Arms Offences (Amendment) Ordinance, 1951
Bill
:
G.N. No. S 530/1950
First Reading
:
19 December 1950
Second and Third Readings
:
16 January 1951
Commencement
:
29 January 1951
6.  
G.N. No. S 488/1951—“The Arms Offences Ordinance, 1947”
Commencement
:
12 December 1951
7.  
G.N. No. S 455/1952—“The Arms Offences Ordinance, 1947”
Commencement
:
12 December 1952
8.  
G.N. No. S 353/1953—“The Arms Offences Ordinance, 1947”
Commencement
:
12 December 1953
9.  
G.N. No. S 366/1954—“The Arms Offences Ordinance, 1947”
Commencement
:
12 December 1954
10.  
G.N. No. S 409/1955—“The Arms Offences Ordinance, 1947”
Commencement
:
12 December 1955
11.  
1955 Revised Edition—Arms Offences Ordinance (Chapter 112)
Operation
:
1 July 1956
12.  
G.N. No. S 338/1956—“The Arms Offences Ordinance”
Commencement
:
12 December 1956
13.  
G.N. No. S 333/1957—“The Arms Offences Ordinance”
Commencement
:
12 December 1957
14.  
G.N. No. S 302/1958—“The Arms Offences Ordinance”
Commencement
:
12 December 1958
15.  
G.N. No. S (N.S.) 177/1959—Singapore Constitution (Modification of Laws) (No.  3) Order, 1959
Commencement
:
20 November 1959
16.  
G.N. No. S (N.S.) 178/1959—Singapore Constitution (Modification of Laws) (No.  4) Order, 1959
Commencement
:
20 November 1959
17.  
G.N. No. S (N.S.) 179/1959—Singapore Constitution (Modification of Laws) (No.  5) Order, 1959
Commencement
:
20 November 1959
18.  
G.N. No. S (N.S.) 196/1959—“The Arms Offences Ordinance”
Commencement
:
12 December 1959
19.  
G.N. No. S 286/1960—“The Arms Offences Ordinance”
Commencement
:
12 December 1960
20.  
G.N. No. S 269/1961—“The Arms Offences Ordinance”
Commencement
:
12 December 1961
21.  
G.N. No. S 356/1962—“The Arms Offences Ordinance”
Commencement
:
12 December 1962
22.  
L.N. 326/1963 (G.N. Sp. No. S 44/1963)—Modification of Laws (Arms and Explosives and Arms Offences) (Singapore) Order, 1963
Commencement
:
28 November 1963
23.  
G.N. Sp. No. S 57/1963—“The Arms Offences Ordinance”
Commencement
:
12 December 1963
24.  
G.N. Sp. No. S 211/1964—“The Arms Offences Ordinance”
Commencement
:
12 December 1964
25.  
G.N. Sp. No. S 210/1965—“The Arms Offences Ordinance”
Commencement
:
12 December 1965
26.  
G.N. No. S 243/1966—“The Arms Offences Ordinance”
Commencement
:
12 December 1966
27.  
G.N. No. S 224/1967—“The Arms Offences Ordinance”
Commencement
:
12 December 1967
28.  
G.N. No. S 309/1968—“The Arms Offences Ordinance”
Commencement
:
12 December 1968
29.  
G.N. No. S 260/1969—“The Arms Offences Ordinance”
Commencement
:
12 December 1969
30.  
G.N. No. S 281/1970—“The Arms Offences Ordinance”
Commencement
:
12 December 1970
31.  
1970 Revised Edition—Arms Offences Act (Chapter 94)
Operation
:
15 April 1971
32.  
G.N. No. S 251/1971—“The Arms Offences Act”
Commencement
:
12 December 1971
33.  
G.N. No. S 310/1972—“The Arms Offences Act”
Commencement
:
12 December 1972
34.  
G.N. No. S 400/1973—“The Arms Offences Act”
Commencement
:
12 December 1973
PART 2
FIREARMS AND AMMUNITION
(UNLAWFUL POSSESSION) ACT
(CHAPTER 100, 1970 REVISED EDITION)
35.  
Ordinance 34 of 1946—Fire-arms and Ammunition (Unlawful Possession) Ordinance, 1946
Bill
:
G.N. No. S 171/1946
First and Second Readings
:
Information not available
Third Reading
:
17 October 1946
Commencement
:
18 October 1946
36.  
Ordinance 18 of 1947—Fire-arms and Ammunition (Unlawful Possession) (Amendment) Ordinance, 1947
Bill
:
G.N. No. S 101/1947
First and Second Readings
:
Information not available
Third Reading
:
24 April 1947
Commencement
:
9 May 1947
37.  
1955 Revised Edition—Fire-arms and Ammunition (Unlawful Possession) Ordinance (Chapter 115)
Operation
:
1 July 1956
38.  
1970 Revised Edition—Firearms and Ammunition (Unlawful Possession) Act (Chapter 100)
Operation
:
15 April 1971
PART 3
ARMS OFFENCES ACT 1973
(2020 REVISED EDITION)
39.  
Act 61 of 1973—Arms Offences Act, 1973
Bill
:
53/1973
First Reading
:
28 August 1973
Second Reading
:
30 November 1973
Notice of Amendments
:
30 November 1973
Third Reading
:
30 November 1973
Commencement
:
8 February 1974
40.  
Act 6 of 1978—Arms Offences (Amendment) Act, 1978
Bill
:
20/1977
First Reading
:
9 November 1977
Second and Third Readings
:
31 January 1978
Commencement
:
23 March 1978
41.  
Act 25 of 1984—Arms Offences (Amendment) Act 1984
Bill
:
17/1984
First Reading
:
29 June 1984
Second and Third Readings
:
26 July 1984
Commencement
:
31 August 1984
42.  
1985 Revised Edition—Arms Offences Act (Chapter 14)
Operation
:
30 March 1987
43.  
Act 30 of 1993—Arms Offences (Amendment) Act 1993
Bill
:
21/1993
First Reading
:
30 July 1993
Second and Third Readings
:
30 August 1993
Commencement
:
1 November 1993
44.  
1998 Revised Edition—Arms Offences Act (Chapter 14)
Operation
:
30 May 1998
45.  
2008 Revised Edition—Arms Offences Act (Chapter 14)
Operation
:
31 March 2008
46.  
Act 15 of 2019—Criminal Law Reform Act 2019
(Amendments made by section 170 of the above Act)
Bill
:
6/2019
First Reading
:
11 February 2019
Second Reading
:
6 May 2019
Notice of Amendments
:
6 May 2019
Third Reading
:
6 May 2019
Commencement
:
1 January 2020 (section 170)
47.  
2020 Revised Edition—Arms Offences Act 1973
Operation
:
31 December 2021
48.  
Act 5 of 2025—Electronic Gazette and Legislation Act 2025
(Amendments made by the above Act)
Bill
:
47/2024
First Reading
:
11 November 2024
Second and Third Readings
:
7 January 2025
Commencement
:
9 March 2025
49.  
Act 3 of 2021—Guns, Explosives and Weapons Control Act 2021
Bill
:
44/2020
First Reading
:
3 November 2020
Second and Third Readings
:
5 January 2021
Commencement
:
1 July 2025

Abbreviations

 
(updated on 29 August 2022)
G.N.
Gazette Notification
G.N. Sp.
Gazette Notification (Special Supplement)
L.A.
Legislative Assembly
L.N.
Legal Notification (Federal/Malaysian)
M.
Malaya/Malaysia (including Federated Malay States, Malayan Union, Federation of Malaya and Federation of Malaysia)
Parl.
Parliament
S
Subsidiary Legislation
S.I.
Statutory Instrument (United Kingdom)
S (N.S.)
Subsidiary Legislation (New Series)
S.S.G.G.
Straits Settlements Government Gazette
S.S.G.G. (E)
Straits Settlements Government Gazette (Extraordinary)

Archived for legal research. Authoritative version at sso.agc.gov.sg.