s.18Restriction relating to the discharge and carriage of firearms and the wearing of bullet-proof vests
18
Section 18Part 4 — Possession and use of firearms

Restriction relating to the discharge and carriage of firearms and the wearing of bullet-proof vests

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No person shall discharge any firearm on or within forty yards of any public road or in any public place except —
in the lawful protection of that person’s person or property or of the person or property of some other person;
under the direction of some civil or military authority authorised to give such discharge; or
with the permission of the Cabinet.
Where any contravention of subsection (1) occurs, any Justice of the Peace or constable may enter any premises on which that person has reasonable cause to believe such contravention was committed and seize any firearms there found which that person has reasonable cause to believe were used in such contravention or are about to be used in the commission of some other contravention of subsection (1).
Whoever contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of five thousand dollars and to imprisonment for six months.
Where any person is charged with a contravention of subsection (1), the burden of proving that the discharge of the firearm in respect of which the contravention is alleged to have occurred was a lawful discharge shall lie upon the person asserting the same.
Where any contravention of subsection (1) occurs upon any enclosed premises, the occupier of the premises shall be deemed to have incited the person by whom such contravention was committed to commit such contravention unless that person proves affirmatively that such contravention was committed against that person’s will.
A person who has in that person’s possession a firearm, an imitation firearm, ammunition or a prohibited weapon with intent and by means of the firearm, imitation firearm, ammunition or prohibited weapon —
to commit an offence;
to endanger life or cause serious injury to property;
to resist arrest or prevent the arrest of another person; or
to enable another person to endanger life or cause serious injury to property,
Whoever has with that person a bullet-proof vest intended for use in the course of committing an offence, resisting arrest or preventing the arrest of another person, commits an offence and is liable on conviction to a fine of one hundred thousand dollars and to imprisonment for twenty years.
In proceedings for an offence under subsection (6) or (7), proof that the accused had a firearm, an imitation firearm, ammunition, a prohibited weapon or a bullet-proof vest with that accused and intended to commit an offence or to resist or prevent arrest shall be evidence that that accused intended to have it with that accused while doing so.
Whoever, without lawful authority or reasonable excuse, the proof of which shall lie upon that person, has with that person in a public place a loaded firearm commits an offence and is liable upon conviction to a fine of fifty thousand dollars and to imprisonment for ten years.
Whoever, while that person has a firearm or bullet-proof vest with themselves, enters or is in any building or part of a building as a trespasser, without reasonable excuse, proof of which shall lie upon that person, commits an offence and is liable on conviction to a fine of one hundred thousand dollars and to imprisonment for twenty years.
A constable may require any person whom that constable has reasonable cause to suspect of having a bullet-proof vest or a firearm, with or without ammunition, with that person in a public place, or to be committing or about to commit an offence under the foregoing provisions of this Part elsewhere than in a public place, to hand over the bullet-proof vest, the firearm and any ammunition for examination by the constable, and whoever, having a bullet-proof vest, a firearm or ammunition with themselves, fails to hand over the bullet-proof vest, the firearm or ammunition when required to do so under this subsection commits an offence and is liable on summary conviction to a fine of fifty thousand dollars and to imprisonment for ten years.
If a constable has reasonable cause to suspect any person of having a firearm or bullet-proof vest with that person in a public place or to be committing or about to commit an offence under the foregoing provisions of this Part, that constable may search that person and detain that person for the purpose of searching that person.
If a constable has reasonable cause to suspect that there is a firearm or bullet-proof vest in a vehicle in a public place, or that a vehicle is being or is about to be used in connection with the commission of an offence under the foregoing provisions of this Part elsewhere than in a public place, that constable may search the vehicle and for that purpose may require the person driving or in control of it to stop it. Whoever fails to stop the vehicle when so required or obstructing the search of such vehicle when stopped commits an offence and is liable on summary conviction to a fine of fifty thousand dollars and to imprisonment for five years.
For the purpose of exercising the powers conferred by the foregoing provisions of this section a constable may enter any place.
A constable may arrest without warrant any person whom that constable has reasonable cause to suspect to be committing an offence under the foregoing provisions of this Part.
A constable may seize and detain any firearm, bullet-proof vest or ammunition which may be the subject of an order for forfeiture under section 41.
Subsection (14) shall not be construed as prejudicing any power of entry exercisable by a constable apart from that subsection, and subsection (16) shall not be construed as prejudicing the power of a constable when arresting a person for an offence to seize property found in that person’s possession or any other power exercisable by a constable, apart from that subsection, of seizing firearms, ammunition or other property.

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