PART 1 | Short title and commencement |
| 1. This Act is the Guns, Explosives and Weapons Control Act 2021 and comes into operation on a date that the Minister appoints by notification in the Gazette. |
2.—(1) In this Act, unless the context otherwise requires —| “applicant” means an applicant for or to renew a licence; |
| “authorised officer”, in relation to any provision of this Act, means an individual who is appointed as an authorised officer under section 79(1) for the purposes of that provision; |
| “business” includes any business, whether or not carried on for profit; |
“chief executive officer”, in relation to a licensee, means an individual (by whatever name described) who —| (a) | is in the direct employment of, or acting for or by arrangement with, the licensee; and | | (b) | is principally responsible for the management and conduct of the business of the licensee insofar as it relates to carrying on a regulated activity, |
| and includes an individual for the time being performing all or any of the functions or duties of a chief executive officer; |
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| “class licence” means a class licence determined under an order made under section 56(1), and includes a class licence as from time to time varied under section 57; |
| “class licensee” means a person to which a class licence applies; |
| “compliance officer” means an individual appointed under section 80; |
| “container” means any thing in or by which a gun, a major part of a gun or a gun accessory, an explosive or explosive precursor, or a weapon or noxious substance, is wholly or partly cased, covered, enclosed, contained or packed, and includes any covering or wrapping, but excludes a conveyance; |
| “convey” means carriage on any conveyance (whether or not in the course of a business) and includes any operation incidental to the whole course of carriage, such as loading, unloading and storage in transit; |
| “conveyance” includes any aircraft, train, vehicle, vessel or other mode of transport of passengers or goods; |
| “corporation” means any body corporate formed or incorporated or existing in or outside Singapore and includes any foreign company within the meaning of the Companies Act (Cap. 50); |
| “director” has the meaning given by section 4(1) of the Companies Act; |
| “dispose” means destroy or handle with a view to destroying, and includes rendering harmless, but excludes discharging or firing an explosive in the course of mining, quarrying or an industrial application or as a display or provision of entertainment; |
| “explosive”, “explosive device” and “explosive substance” have the meanings given by section 4; |
| “granted” or “grant”, for a licence, includes granted or grant on renewal and required to be treated as granted under section 6(5) or 7(5) or the Third Schedule; |
| “gun” and “gun accessory” have the meanings given by section 3; |
| “handle” includes to store, manufacture, repair, dispose of, convey, import, export or supply; |
“law enforcement agency” means —| (a) | the Singapore Police Force; or | | (b) | any public sector agency which is charged with the duty of investigating offences or charging offenders under any written law and prescribed in Regulations for the purposes of this definition; |
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“licence” means a licence granted under Part 4 that —| (a) | authorises the licensee granted the licence to carry on a regulated activity specified in the licence; and | | (b) | is in force; |
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| “licensee” means a person to whom a licence is granted under this Act but does not include a class licensee; |
| “Licensing Officer”, in relation to any provision of this Act, means an individual appointed under section 78(1) as a Licensing Officer for the purposes of that provision; |
| “limited liability partnership” has the meaning given by the Limited Liability Partnerships Act (Cap. 163A); |
“MARPLEX Convention” means —| (a) | the Convention on the Marking of Plastic Explosives for the Purpose of Detection concluded in Montreal on 1st March 1991; or | | (b) | if the Convention in paragraph (a) is amended and the amendment binds Singapore, that Convention as so amended; |
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“MARPLEX Convention excepted use”, in relation to a plastic explosive, means use of the plastic explosive exclusively for one or more of the following:| (a) | research, development or testing of new or modified explosives; | | (b) | development or testing of explosives detection equipment; | | (c) | training in explosives detection; | | (d) | forensic science; |
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| “modification” or “modify”, in relation to the conditions of a licence, includes deleting, or varying and substituting a condition, and adding a condition; |
“noxious substance” means any nauseating or lachrymatory substance, and includes any of the following:| (a) | a container specially constructed to directly hold any noxious substance, such as a cartridge, cylinder, pressurised can or round containing a noxious substance; | | (b) | an object or a thing that, if used in the way for which it is or was designed or adapted, is or was capable of being aimed at a target and causing hurt or injury by discharging any noxious substance directly onto the target, such as a pepper spray gun or cannister; |
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| “occupier”, in relation to any place or premises, includes an individual present at the place or premises who is in apparent control of the place or premises; |
| “offence under this Act” includes an offence under any Regulations; |
“officer”, in relation to an applicant or a class licensee or licensee, means —| (a) | where the applicant, class licensee or licensee is a body corporate (including a limited liability partnership) —| (i) | an individual for the time being holding the office of chairperson, director, partner, chief executive officer, manager or company secretary (as the case may be) of the body or any position analogous to any of those offices; or | | (ii) | for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation; |
| | (b) | where the applicant, class licensee or licensee is a partnership (including a limited partnership), a partner of the partnership; or | | (c) | where the applicant, class licensee or licensee is an unincorporated association (other than a partnership), an individual for the time being holding the office of president, secretary or member (as the case may be) of the committee of the unincorporated association, or any position analogous to any of those offices, |
| and includes any person carrying out the duties of any such office referred to in paragraph (a), (b) or (c) if the office is vacant; |
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| “paintball” means a projectile that primarily consists of a dye, paint or similar substance designed to mark an individual or an object; |
| “paintball marker” means a gun designed to discharge a paintball; |
| “paintball range operator” means a person who carries on the business of providing or arranging for the provision of grounds for the use by participants in an organised activity involving the use of paintball markers (but not involving the use of any other gun); |
| “partner”, in relation to a limited partnership, includes a limited partner in the limited partnership; |
| “place” includes any conveyance; |
“premises” means —| (a) | a building or structure, whether permanent, temporary or portable; | | (b) | any area or space, whether or not enclosed, and whether underground or underwater; | | (c) | any land, whether built on or not; or | | (d) | any body of water; |
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“prohibited weapon” means a weapon that —| (a) | is particularly dangerous by reason of its design, construction or any other factor; or | | (b) | by reason of its size or any other factor, could be more readily concealed and would be particularly suited to unlawful use, |
| such that, in the opinion of the Minister, it is expedient for the public safety to prescribe the weapon to be a prohibited weapon; |
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| “provision of this Act” includes a provision of any Regulations or other subsidiary legislation made under this Act; |
“public authority” means —| (a) | any Ministry, department of the Government or Organ of State; or | | (b) | any body established or constituted by or under any public Act to perform a public function; |
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“regulated activity” means any of the following activities involving a gun, a major part of a gun or a gun accessory, an explosive or explosive precursor, or a weapon or noxious substance:| (a) | import or export; | | (b) | store (but not storage incidental to conveyance); | | (c) | manufacture; | | (d) | repair; | | (e) | supply; | | (f) | convey; | | (g) | use or otherwise possess; | | (h) | dispose; | | (i) | operate a shooting range or paintball range; |
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| “Regulations” means any regulations made under section 90; |
“regulatory action” means any action that may be taken by the Licensing Officer — | (a) | under section 66(1) or (2) against a licensee or class licensee; or | | (b) | under section 67(2) against a former licensee or former class licensee; |
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“repeat offender”, in relation to any offence under this Act, means a person who —| (a) | is convicted, or found guilty, of such an offence (called the current offence); and | | (b) | has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of —| (i) | the same offence; or | | (ii) | another offence prescribed in this Act as a countable offence in respect of the current offence; |
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“representative staff”, for a licensee, means an individual (whether or not an employee or officer of the licensee) who —| (a) | is directly involved in the day‑to‑day management of a regulated activity carried on by the licensee; | | (b) | has access to and is authorised to provide any information relating to the regulated activity that is required by or under any provision of this Act; and | | (c) | is authorised to represent for the purposes of this Act the licensee; |
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“responsible executive”, in relation to an applicant or a class licensee or licensee, means an officer thereof who is —| (a) | in the case of a corporation, a director, chief executive officer, general manager or a person in a position analogous to any of those offices; | | (b) | in the case of a corporation whose affairs are managed by its members, a member designated by those members to be the responsible executive of the corporation; | | (c) | in the case of a partnership (including a limited partnership), a partner of the partnership; or | | (d) | in the case of a society or an unincorporated association (other than a partnership), a president, secretary or treasurer or a person in a position analogous to that of a president, secretary or treasurer, |
| and includes any person carrying out the duties of any such office referred to in paragraph (a), (c) or (d) if the office is vacant; |
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| “security clearance” means a security clearance granted under Division 2 of Part 3; |
“security sensitive information” means information held by a law enforcement agency that relates to actual or suspected criminal activity (whether in Singapore or elsewhere) the disclosure of which could reasonably be expected to —| (a) | prejudice a criminal investigation; | | (b) | enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement; | | (c) | endanger a person’s life or physical safety; or | | (d) | disclose the existence or content of a security intelligence report or information; |
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| “shooting gallery” means an indoor or outdoor gallery at which members of the public can use an airgun that is attached to a shooting bench to shoot at stationary or moving targets; |
| “shooting range” includes a shooting gallery; |
| “shooting range operator” means a person who carries on the business of providing a shooting range (but not a paintball range) for use by members of the public and guns (other than paintball markers) for use by members of the public at the range; |
“special worker” means an individual who is or is to be employed or required to work with or for a licensee —| (a) | in a managerial or directorial capacity involving the exercise of his or her discretion, that regulates the licensee’s operations in the regulated activity authorised by the licensee’s licence but is not a responsible executive; or | | (b) | in any capacity relating to any of the following activities:| (i) | the security and surveillance of the premises where the licensee is authorised to conduct the regulated activity authorised by the licensee’s licence; | | (ii) | the assembling, cleaning, repair, packing, transport or delivery of any gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance, in the course of the licensee’s operations authorised by the licensee’s licence; | | (iii) | such other activity authorised by the licensee’s licence that is prescribed for the purposes of this definition; | | (iv) | the supervision of any activity in sub‑paragraph (i), (ii) or (iii); |
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| “standard” means a standard issued or approved by the Licensing Officer under section 62, and includes any such standard as amended from time to time under that section; |
“store”, in relation to any gun, major part of a gun, explosive or explosive precursor, means —| (a) | to store or offer to store for another person in any place or premises the gun, major part of a gun, explosive or explosive precursor (regardless of number or quantity), being a place or premises that the person storing or offering to store is an occupier of; or | | (b) | to have possession of the gun, major part of a gun, explosive or explosive precursor in any place or premises, whether or not of the same model or kind and regardless of number or quantity —| (i) | for the purpose of manufacture, repair, disposal, supply, import or export; or | | (ii) | in connection with carrying on business as a shooting range operator or a paintball range operator, |
| being a place or premises that the person storing or having possession is an occupier of, |
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| (c) | in the case of any explosive or explosive precursor, possession thereof —| (i) | for or in connection with any other purpose; and | | (ii) | for more than 24 continuous hours in any place or premises that the person in possession is an occupier of; and |
| | (d) | in the case of any gun or major part of a gun, to have the control or management of for any purpose, or to collect or keep a collection of (for display or otherwise), on any place or premises —| (i) | 12 or more guns, whether or not of the same model or kind; | | (ii) | 12 or more major parts of a gun, whether or not of the same model or kind; or | | (iii) | a combination of guns or major parts of a gun which number in total 12 or more, |
| being a place or premises that the person with the control or management or collecting or keeping the collection is an occupier of; |
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| “substance” means any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour; |
| “thing” includes a substance; |
| “unincorporated association” means a society or body unincorporate which, under any written law, may sue or be sued, or hold property, in the name of an officer of the society or body duly appointed for that purpose; |
“use” —| (a) | in relation to a gun, means —| (i) | to fire the gun; or | | (ii) | 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; and |
| | (b) | in relation to an explosive, includes —| (i) | to prepare, assemble, charge or discharge, or fire the explosive; or | | (ii) | to initiate or discharge a firework, |
| but excludes use for the purpose of manufacture, disposal, repair, import, export, conveyance or supply; |
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| “weapon” means an object or a thing specified in the First Schedule; |
| “wrapping”, in relation to a plastic explosive, means a wrapper the inner surface of which is in contact with the plastic explosive. |
| (2) Regulations may be made to reduce any period and number mentioned in paragraphs (c) and (d), respectively, of the definition of “store”. |
| (3) However, for the purposes of this Act, a person is not taken to store any object or thing by reason only that it is storage in transit or other like operation incidental to the whole course of carriage of that object or thing. |
(4) For the purposes of this Act —| (a) | a licensee is not regarded as being granted a licence to carry on any regulated activity involving a gun, a major part of a gun or a gun accessory, an explosive or explosive precursor, or a weapon or noxious substance, or a shooting range or paintball range, during the period the licence for that regulated activity is suspended under section 66; and | | (b) | a class licensee is not regarded as authorised under a class licence to carry on any regulated activity involving a gun, a major part of a gun or a gun accessory, an explosive or explosive precursor, or a weapon or noxious substance, or a shooting range or paintball range, during the period the application of the class licence to that class licensee for that regulated activity is suspended under section 66. |
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| Meaning of “gun” and associated terms |
3.—(1) In this Act, unless the context otherwise requires, “gun” means an object or a thing that, if used in the way for which it is or was designed or adapted, is or was capable of being aimed at a target and causing hurt or injury by —| (a) | propelling a bullet, shot or other projectile (which may or may not contain any noxious substance); or | | (b) | discharging any corrosive substance or poison, |
| by means of a burning propellant, compressed air or other compressed gas, or an explosive force (however caused), and includes any of the following: |
| (c) | an object or a thing mentioned in subsection (2)(a); | | (d) | a collection of major parts of a gun mentioned in subsection (2)(b). | | | | | An automatic gun or pistol. |
| | | | A firearm designed to fire projectiles containing tear gas or poison. |
| | A firearm designed to tranquillise, immobilise or administer vaccines or other medicines to animals. |
| | A howitzer, mortar, bazooka and similar military firearms designed to fire explosive projectiles. |
| | A machine gun or sub-machine gun. |
| | A self-loading rifle or shotgun. |
| | A paint-pellet gun or paintball marker. |
| | | A starting pistol the purpose of which is for use in the starting of racing events in sporting competitions. |
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(2) For the purposes of this Act —| (a) | an object or a thing that would be a gun —| (i) | if it did not have something missing from it, or a defect or obstruction in it; or | | (ii) | if it were not for the fact that something has been added to it, |
| must be taken to be a gun; |
| | (b) | a collection of the major parts of a gun that if assembled would be a gun (or would be a gun if it were assembled and in working order) is taken to be a gun; and | | (c) | a reference to a gun of a particular category or kind includes a reference to an object or a thing that would be a gun of that category or kind if not for paragraph (a)(i) or (ii). |
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(3) In this Act, “major part of a gun” means any component —| (a) | that, of itself, is essential to the discharge of any shot, bullet, missile, or other projectile from the gun; | | (b) | that is exclusively designed to be, or is intended to be, an integral part of the gun, without which the gun would be considered inoperable or incomplete; or | | (c) | that feeds or contributes to feeding ammunition to the gun. | | A gas piston, friction ring, action bar, breech bolt or breech block. |
| | | A trigger or firing mechanism. |
| | | | An upper or a lower receiver. |
| | | | An adjustable, detachable or folding stock. |
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(4) However, “gun” does not include the following:| (a) | a longbow, crossbow, slingshot or shanghai; | | (b) | an object or a thing that, if used in the way for which it is or was designed or adapted, is or was capable of being aimed at a target and causing hurt or injury by discharging any noxious substance directly onto the target, such as a pepper spray gun or cannister; | | (c) | an imitation gun, which is 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; | | (d) | any other object or thing prescribed not to be a gun. |
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(5) In this Act, unless the context otherwise requires —“airgun” means a gun that —| (a) | can propel, or is designed to propel, a projectile by means of any gas or mixture of gases, including air but not including a gas or mixture of gases generated by an explosive; and | | (b) | is operated or designed for operation by means of a trigger or similar device; |
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| “automatic gun” means a gun that is designed to fire a round when the trigger is brought to the firing position and to continue to fire one or more rounds automatically while the trigger is held in that position; |
| “ballistic knife” means a device or an instrument designed to fire or discharge a knife, dagger or similar instrument by mechanical, percussive or explosive means; |
“electronic dart gun” means a portable device that —| (a) | is powered by electricity and, when switched on, is capable of expelling or projecting a projectile; and | | (b) | upon coming in contact with a person or an animal, is capable of inflicting injury or an electric shock by a high voltage, low amperage charge to such person or animal; |
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| “firing mechanism”, for a gun, means the mechanism of the gun that is designed for the purpose of firing the gun, and includes a trigger mechanism or firing pin; |
“gun accessory” means any object or thing that —| (a) | is not a major part of a gun; | | (b) | is not a weapon; | | (c) | is designed to be fitted to, or adapted to fit, a gun; and | | (d) | whether or not complete, damaged, temporarily or permanently inoperable, or unfinished, can be fitted to, or adapted to fit, is —| (i) | a magazine adapter; | | (ii) | a flash suppressor; | | (iii) | a silencer, sound moderator, sound suppressor or any other device designed to reduce, or capable of reducing, the noise of discharge of the gun; | | (iv) | a mechanism or other device designed to modify, or capable of converting, a gun to give it any of the following capabilities:| (A) | burst fire; | | (B) | semi-automatic operation; | | (C) | fully automatic operation; or |
| | (v) | any other mechanism or device that is prescribed (by description, model or otherwise) for the purposes of this definition; |
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| “loading mechanism”, for a gun, means all the parts of the gun (except the barrel) that are designed to place or hold or to place and hold a round in position for firing, and includes the magazine of the gun, if any; |
“prohibited gun” means a gun that —| (a) | is particularly dangerous by reason of its design, construction or any other factor; or | | (b) | by reason of its size or any other factor, could be more readily concealed than other guns of the same category or would be particularly suited to unlawful use, |
| such that, in the opinion of the Minister, it is expedient for the public safety to prescribe the gun to be a prohibited gun; |
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“prohibited gun accessory” means any gun accessory that could easily convert a gun to become —| (a) | a more dangerous gun (whether or not a prohibited gun); | | (b) | a more easily concealed gun; or | | (c) | a gun which would be particularly suited to unlawful use, |
| such that, in the opinion of the Minister, it is expedient for the public safety to prescribe the gun accessory to be a prohibited gun accessory; |
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| “receiver”, for a gun, means the body or frame of the gun that is designed to hold the firing mechanism or the loading mechanism or both in place, but does not include the stock or barrel of the gun; |
| “sound moderator” means a device designed or adapted to be attached to, or comprising part of, a gun to muffle the report when the gun is fired, and includes baffles, tubes or other parts that when fitted together would comprise a sound moderator; |
| “stun gun” means a portable device which is powered by electricity and from which any electric current, discharge, impulse, wave or beam can be emitted and if directed at an individual or animal, can incapacitate temporarily, injure or kill the individual or animal. |
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| Meaning of “explosive” and associated terms |
4.—(1) In this Act, unless the context otherwise requires —“ammunition” means —| (a) | an article consisting of a cartridge case fitted with a live primer and a projectile; | | (b) | an article consisting of a cartridge case fitted with a live primer and containing a propelling charge and a projectile; | | (c) | a live primer, propellant or blank cartridge; or | | (d) | an object or a thing suitable for use as ammunition in a gun and prescribed for the purposes of this definition, whether or not containing an explosive substance but not containing a noxious substance, |
| but excludes an inert blank cartridge or inert drill round, a snap cap or other item designed to fit in the breech or chamber of a gun for the purpose of preventing damage to a firing pin, and a paintball; |
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“detection agent” means a substance that —| (a) | is intended to be used to enhance the detectability of explosives by vapour detection means; and | | (b) | is prescribed for the purposes of this definition; |
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| “distress signal” means a pyrotechnic device intended for signalling or warning or similar purposes, and includes a marine flare or signal, landing flare, highway flare, highway fusee, line‑carrying rocket, cloud seeding rocket, railway fog signal or smoke generator; |
“explosive” means —| (a) | an explosive substance; | | (b) | ammunition; | | (c) | a firework or rocket firework; | | (d) | a sand cracker; or | | (e) | an explosive device; |
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“explosive device” means any of the following that contains an explosive substance:| (a) | a bomb; | | (b) | a grenade; | | (c) | a mine; | | (d) | a fog signal, distress signal or fuse; | | (e) | a detonator, blasting cap or percussion cap; | | (f) | an object or a thing prescribed to be an explosive device, |
| and includes a collection of parts mentioned in subsection (2), but excludes an imitation explosive device; |
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| “explosive precursor” means any substance specified in the Second Schedule; |
“explosive substance” means —| (a) | gunpowder, nitro-glycerine, dynamite, gun‑cotton, blasting powder, fulminate of mercury or of other metals or coloured fires, and any adaptation or preparation of anything in this paragraph; | | (b) | a solid or liquid substance that is manufactured or used with a view to produce a practical effect by explosion or a pyrotechnic effect; | | (c) | a solid or liquid substance which, if not for it being wetted or otherwise phlegmatised to suppress its explosive properties, produces a practical effect by explosion or a pyrotechnic effect; or | | (d) | any other substance that is prescribed to be an explosive substance for the purposes of this definition; |
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“firework” means —| (a) | an article or a substance, containing one or more explosive substances (with or without other substances) that is designed to entertain people by producing light, sound, gas, smoke, or a combination of them, by means of an exothermic chemical reaction that does not rely on oxygen from external sources to sustain the reaction; or | | (b) | any other article or a thing prescribed to be a firework; |
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“high explosive” includes —| (a) | cyclotetramethylenetetranitramine (HMX); | | (b) | pentaerythritol tetranitrate (PETN); and | | (c) | cyclotrimethylenetrinitramine (RDX); |
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| “imitation explosive device” means an object that, regardless of its colour, weight or composition or the presence or absence of any moveable part, substantially duplicates in appearance an explosive device but is not an explosive device, and includes any such object that is produced and identified as a toy or replica; |
“mine” means a munition (other than a command‑detonated munition) designed, intended or altered so as —| (a) | to be placed under, on or near the ground or other surface area; and | | (b) | to be exploded by the presence, proximity or contact of a person or a vehicle; |
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“plastic explosive” means any explosive which —| (a) | is formulated with one or more high explosives which in their pure form have vapour pressure of less than 10‑4 Pa at a temperature of 25°C; | | (b) | is formulated with a binder material; and | | (c) | is, when mixed, malleable or flexible at normal room temperature; |
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| “prohibited explosive” means an explosive of a character that, in the opinion of the Minister, is so specially dangerous to life or property that it is expedient for the public safety to prescribe the explosive to be a prohibited explosive; |
| “rocket firework” includes any firework which will travel over a distance when activated before it produces a practical effect by explosion or a pyrotechnic effect; |
| “round” means an undischarged complete live cartridge; |
| “sand cracker” means a pellet containing an explosive which will be activated when set on fire or rubbed on any abrasive surface or by any other means; |
“unmarked plastic explosive” means a plastic explosive that, at the time of its manufacture —| (a) | does not contain a detection agent; | | (b) | contains a detection agent the concentration of which is less than the minimum concentration prescribed in the Regulations for that detection agent; or | | (c) | contains a detection agent that is not homogenously distributed throughout the plastic explosive. |
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| (2) For the purposes of this Act, any collection of the parts of an explosive device that if assembled would be an explosive device (or would be an explosive device if it were assembled and in working order) is taken to be an explosive device. |
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| Meaning of “possession” and associated terms |
5.—(1) For the purposes of this Act, a person has “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 if —| (a) | the person, being an individual, carries or has an object or a thing on his or her person, including something carried or worn by the person (called in this section physical possession), and the individual knows or has reason to believe that the object or thing is a gun, a major part of a gun or a gun accessory, an explosive or explosive precursor, or a weapon or noxious substance; | | (b) | the person has the care, control or management of the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance; | | (c) | the person has the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance in the care, control or management of another person, including storing it with that other person; | | (d) | the person drives, flies or otherwise operates (even by remote control) any vehicle, vessel, aircraft or other device conveying or otherwise carrying the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance; | | (e) | the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance is in or on any place or premises, owned, leased or occupied by, or in the care, control or management of, the person; or | | (f) | the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance is within any container owned or in the care, control or management of, the person. | | A buys a pistol illegally. A hands it to B to look after it for him while A appears in court. A still has the care, control or management of the pistol and so has possession of the gun. B holds the pistol and also has possession of the gun. |
| | A is a member of a gun club which provides an armoury for their members to store their handguns. The gun club and A each have possession of A’s handgun deposited at that armoury. A is subsequently elected as armourer of the gun club. The gun club and A each have possession of all handguns held in the armoury of the gun club for the members of the gun club. |
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(2) Without limiting subsection (1), for the purposes of this Act, a person has possession of a gun, an explosive device or a weapon if —| (a) | any major part of the gun, or any part of an explosive device or weapon (as the case may be) is in the person’s possession; | | (b) | other major parts of the gun, or any other parts of an explosive device or weapon (as the case may be) are in the possession of another person or persons; | | (c) | at least one of the other persons is in possession of —| (i) | the other major part or major parts of the gun; or | | (ii) | the other part or parts of the explosive device or weapon, as the case may be, |
| for an agreed purpose with the person; and |
| | (d) | those parts would make up the gun, explosive device or weapon (as the case may be) if fitted together, |
| and each of the persons is taken to be possessing the gun, explosive device or weapon, as the case may be. |
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(3) However, for the purposes of any proceedings for an offence under this Act, a person is not taken to have 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 just because the gun, major part of a gun, gun accessory, explosive or explosive precursor, weapon or noxious substance (as the case may be) is at a place or premises owned, leased or occupied by the person if the court is satisfied, on a balance of probabilities, that —| (a) | the person did not know and could not reasonably be expected to have known that the gun, major part of a gun, gun accessory, explosive or explosive precursor, weapon or noxious substance (as the case may be) is at the place or premises; | | | | C buys an apartment from D. The apartment has newly installed false ceiling boards, which D represents to C is paid for by the apartment owner above as part of the settlement for damage from water leakage from the apartment above. C obtains confirmation from the apartment owner above of that settlement. D owns a gun but, before moving out, D hides it in a cavity in the false ceiling. C does not know that D hid the gun among the ceiling boards. C does not have possession of the gun because C does not know that the gun is among the ceiling boards. |
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| | (b) | someone else who is authorised to possess the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance —| (i) | is also at the place or premises; or | | | | E is giving F a lift in her car to a sports complex that has an archery range. F is licensed and has his archery set comprising a long bow with him. E is not in possession of the long bow because F is authorised to possess the weapon and F is in the car. |
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| | (ii) | has the care, control or management of the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance; | | | | G and H share a house. H is licensed and stores his spear gun in the house in a cabinet to which only H has a key to. G does not have access to the spear gun or cabinet key and has nothing to do with the spear gun. G is not in possession of the spear gun even when H, the person authorised to possess the spear gun, is not at the house, because H is the person who has the care, control or management of the spear gun. |
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| | (c) | someone else who is not authorised to possess the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance (as the case may be) has the care, control or management of the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance; or | | (d) | on the evidence, the person was otherwise not in possession of the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance, as the case may be. |
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(4) In addition to subsection (3), for the purposes of any proceedings for an offence under this Act, a person is not taken to have 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 just because the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance (as the case may be) is in a container owned by the person if the court is satisfied, on a balance of probabilities, that —| (a) | the person did not know and could not reasonably be expected to have known that the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance (as the case may be) is in the container; | | (b) | someone else has the care, control or management of the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance; or | | (c) | on the evidence, the person was otherwise not in possession of the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance, as the case may be. |
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(5) In addition to subsections (3) and (4), for the purposes of any proceedings for an offence under this Act, a person is not taken to have 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 just because the gun, major part of a gun, gun accessory, explosive or explosive precursor, weapon or noxious substance (as the case may be) is in, on or fitted to a vehicle, vessel, an aircraft or other device driven, flown or otherwise operated (even by remote control) by the person if the court is satisfied, on a balance of probabilities, that —| (a) | the person did not know and could not reasonably be expected to have known that the gun, major part of a gun, gun accessory, explosive or explosive precursor, weapon or noxious substance (as the case may be) is in, on or fitted to the vehicle, vessel, aircraft or other device; | | (b) | someone else has the care, control or management of the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance; or | | (c) | on the evidence, the person was otherwise not in possession of the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance, as the case may be. |
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| (6) A defendant to a prosecution for an offence under this Act who wishes to rely on a matter mentioned in subsection (3), (4) or (5) has the evidential burden in relation to the matter. |
| (7) For the purposes of this Act, a gun, a major part of a gun or a gun accessory, an explosive or explosive precursor, or a weapon or noxious substance owned by the Government and for which a head of a department or division in a Ministry or an Organ of State is responsible, is taken to be owned by the Government. |
(8) To determine whether a person has the care, control or management of a gun, a major part of a gun or a gun accessory, an explosive or explosive precursor, or a weapon or noxious substance, for the purposes of this Act, each of the following must be considered:| (a) | whether the person knows about the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance; | | (b) | whether the person can use or transfer the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance; | | (c) | whether the person can control or prevent someone else from using or having physical possession of the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance. |
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| Meaning of “manufacture” and associated terms |
6.—(1) In this Act, unless the context otherwise requires, “manufacture” —| (a) | in relation to a gun, includes any of the following:| (i) | the assembling of a gun from parts of a gun (but excludes repair); | | (ii) | the testing of the assembled object or thing as a gun; |
| | (b) | in relation to a major part of a gun, or a gun accessory, includes any of the following:| (i) | the assembling of a major part of a gun or a gun accessory from parts of that major part of a gun or that gun accessory (but excludes repair); | | (ii) | the testing of the assembled object or thing as a major part of a gun or as a gun accessory, as the case may be; |
| | (c) | in relation to any explosive, includes any of the following:| (i) | the blending together of any substances to make the explosive; | | (ii) | the altering of the chemical or physical nature of any substance or any object or thing to make the explosive; | | (iii) | the breaking up, sorting out or unmaking of the explosive; | | (iv) | the remaking, reconditioning or altering of the explosive to produce an explosive effect other than that for which the particular explosive was designed; | | (v) | the filling of cartridge cases with projectiles or fitting of primers to cartridge cases; |
| | (d) | in relation to an explosive precursor or a noxious substance, includes any of the following:| (i) | the blending together of any substances to make the explosive precursor or noxious substance, as the case may be; | | (ii) | the altering of the chemical or physical nature of any substance to make the explosive precursor or noxious substance, as the case may be; | | (iii) | the remaking or reconditioning of the explosive precursor or noxious substance, as the case may be; | | (iv) | the possessing of any object or thing for any purpose in sub‑paragraph (i), (ii) or (iii). |
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(2) In this Act, unless the context otherwise requires, “repair” of a gun or gun accessory, an explosive device or a weapon includes —| (a) | the altering or modifying of the gun, gun accessory, explosive device or weapon, whether or not to rectify any damage to it or to return the gun, gun accessory, explosive device or weapon (as the case may be) to its original operable condition; | | (b) | the testing of the gun, gun accessory, explosive device or weapon (as the case may be) with a view to assessing the operability of that gun, gun accessory, explosive device or weapon as repaired, being repaired or to be repaired; and | | (c) | the possessing of any part of a gun, gun accessory, explosive device or weapon (as the case may be) for the purpose of any activity in paragraph (a) or testing in paragraph (b). |
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(3) For the purposes of this Act, a person takes part in the manufacture of a gun, a major part of a gun or a gun accessory, an explosive or explosive precursor or a weapon or noxious substance, or the repair of a gun, gun accessory, an explosive or a weapon, if the person —| (a) | takes, or takes part in, a step, or causes a step to be taken, in the process of —| (i) | the manufacture of the gun, major part of a gun or gun accessory, explosive or explosive precursor or weapon or noxious substance; or | | (ii) | the repair of a gun or gun accessory, an explosive or a weapon, |
| | (b) | exercises control or direction over any step mentioned in paragraph (a)(i) or (ii), whichever is applicable. |
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(4) However, despite subsection (3), a person is not treated as taking part in —| (a) | the manufacture of a gun, a major part of a gun or a gun accessory, an explosive or explosive precursor, or a weapon or noxious substance; or | | (b) | the repair of a gun or gun accessory, an explosive or a weapon, |
| by reason only that the person provided financing for any step taken in the process of the manufacture or repair of the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance, as the case may be. |
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(5) Unless otherwise expressly provided, where a person —| (a) | is granted a licence —| (i) | to manufacture a gun, a major part of a gun or a gun accessory, an explosive or explosive precursor, or a weapon or noxious substance; or | | (ii) | to repair a gun or gun accessory, an explosive or a weapon; or |
| | (b) | is a class licensee authorised under a class licence —| (i) | to manufacture a gun, a major part of a gun or a gun accessory, an explosive or explosive precursor, or a weapon or noxious substance; or | | (ii) | to repair a gun or gun accessory, an explosive or a weapon, |
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| the person must be treated as also granted a licence, or also a class licensee authorised under a class licence, as the case may be, to use or possess that gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance (as the case may be) for the purpose of manufacture or repair. |
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| Meaning of “supply” and associated terms |
7.—(1) In this Act, “supply” includes carrying on any of the following activities, or a combination of those activities, in relation to any object or thing in Singapore, and whether or not the object or thing is to remain in Singapore:| (a) | selling or agreeing to sell, including for the purpose of resale; | | (b) | bartering or exchanging; | | (c) | offering for sale, barter or exchange or attempting to sell, barter or exchange; | | (d) | displaying or exhibiting for sale, barter or exchange; | | (e) | inviting the making of offers to acquire the object or thing, or otherwise advertising for sale, barter or exchange; | | (f) | having in possession for sale, barter or exchange; | | (g) | transferring possession to an agent for sale on consignment; | | (h) | offering as a prize or reward; | | (i) | offering or giving away for the purpose of advertisement or in furtherance of any trade or business; | | (j) | conducting negotiations for sale, barter or exchange of the object or thing; | | (k) | selling, bartering or exchanging anything of which the object or thing forms a part; | | (l) | doing any of the above as an agent or a broker, or by an agent or a broker. |
| (2) For the purposes of this Act, a person takes part in the supply of any object or thing if the person takes, or participates in, any step, or causes any step to be taken, in the process of that supply. |
| (3) However, despite subsection (2), a person is not treated as taking part in the supply of any object or thing by reason only that the person provided financing for any step taken in the process of the supply of the object or thing. |
| (4) In this section, “sale” means sale by wholesale or retail, and whether by tender, auction or otherwise. |
(5) Unless otherwise expressly provided, where a person —| (a) | is granted a licence to supply a gun, a major part of a gun or a gun accessory, an explosive or explosive precursor, or a weapon or noxious substance; or | | (b) | is a class licensee authorised under a class licence to supply a gun, a major part of a gun or a gun accessory, an explosive or explosive precursor or a weapon or noxious substance, |
| the person must be treated as also granted a licence, or also a class licensee authorised under a class licence, as the case may be, to possess that gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance (as the case may be) for the purpose of supply. |
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| Meanings of “acquire”, “transfer” and associated terms |
8.—(1) In this Act, unless the context otherwise requires —“acquire”, in relation to an object or a thing, means —| (a) | to buy (by wholesale or retail) the object or thing; or | | (b) | to accept or receive a supply or transfer of the object or thing; |
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| “transfer” means to transfer ownership or possession, by gift, lending or supply. |
| (2) For the purposes of this Act, a person takes part in the acquisition or transfer of an object or a thing if the person takes, or participates in, any step, or causes any step to be taken, in the process of that acquisition or transfer, as the case may be. |
| (3) For the purposes of this Act, a person who takes possession of an object or a thing under a hire‑purchase agreement is taken to have acquired the object or thing, and the person who possessed the object or thing immediately before parting with possession is taken to have supplied it. |
| (4) Despite subsection (2) but subject to subsection (3), a person is not treated as taking part in the acquisition or transfer of any object or thing by reason only that the person provided financing for any step taken in the process of acquiring or transferring the object or thing. |
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| Meanings of “convey”, “import” and “export” and associated terms |
9. In this Act, unless the context otherwise requires —| “carrier” means any person who conveys objects or things, whether on the person’s own behalf or on behalf of another person, and excludes the driver of a vehicle, the master or pilot of a vessel or an aircraft or other individual operating or in control of a conveyance carrying the object or thing unless no other person is a carrier of that object or thing; |
| “convey” means carriage as a carrier on any conveyance (whether or not in the course of a business) for a journey wholly within Singapore and includes any operation incidental to the whole course of carriage, such as loading, unloading and storage in transit; |
| “conveyance” includes any aircraft, train, vehicle, vessel or other mode of transport of passengers or goods; |
| “export”, in relation to any object or thing, means to take or cause to be taken out of Singapore by any means and includes to place goods in any form of conveyance for the purpose of taking the goods out of Singapore to any place outside Singapore; |
| “import”, in relation to any object or thing, means to bring or cause to be brought into Singapore by any means from any place outside Singapore. |
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10. The purposes of this Act are —| (a) | to prohibit the possession, handling and use of guns, major parts of a gun, gun accessories, explosives, explosive precursors, weapons and noxious substances except in special circumstances because any possession, handling and use of any of these objects or things is a privilege that is conditional on the overriding need to ensure public safety; | | (b) | to ensure public safety —| (i) | by imposing strict controls on the possession, handling and use of guns, major parts of a gun, gun accessories, explosives, explosive precursors, weapons and noxious substances; and | | (ii) | by promoting the safe, secure and responsible carrying on of regulated activities involving guns, major parts of a gun, gun accessories, explosives, explosive precursors, weapons and noxious substances; |
| | (c) | to confirm that persons authorised to carry on any regulated activity have a responsibility to act in the interests of personal and public safety; and | | (d) | to implement Singapore’s obligations under the MARPLEX Convention and any other international convention, agreement, or understanding relating to handling of guns and explosives to which Singapore is a party. |
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