Firearms (Amendment) Act, 2024 (Act 5 of 2024)

PUBLISHING DETAILS Amendment of section 2 of the Firearms Act (2008 Revision) - definitions and Repeal and substitution of section 4 - travellers to make declaration of firearms and Repeal and substitution of section 6 - custody of firearms and bullet-proof vests by Amendment of section 7 - firearms and bullet-proof vests not to be deemed to be Insertion of new section 9A - restriction on acquisition: two or more manufacturers of Insertion of new section 12A - restrictions relating to alteration of ballistic signature or Amendment of section 18 - restriction relating to the discharge and carriage of firearms Insertion of new section 18A - prohibition on manufacture or supply of firearms or Amendment of section 21 - general provisions as to grant and issue of licences and AN ACT TO AMEND THE FIREARMS ACT (2008 REVISION) TO AMEND THE DEFINITION OF “FIREARM”; TO PROVIDE DEFINITIONS FOR, AMONG OTHER WORDS, “PRIVATELY MADE FIREARM”, “PROHIBITED DEVICE” AND “PROHIBITED WEAPON”; TO PROVIDE FOR OFFENCES RELATING TO, AMONG OTHER THINGS, THE IMPORTATION OF PROHIBITED DEVICES AND PROHIBITED WEAPONS; TO PROVIDE FOR THE BAN ON THE MANUFACTURE OF FIREARMS AND THE ALTERATION OR CONVERSION OF FIREARMS; TO EMPOWER THE COMMISSIONER TO COLLECT BALLISTIC SIGNATURES AND INFORMATION RELATING TO FIREARMS IN THE ISLANDS; AND FOR INCIDENTAL AND CONNECTED PURPOSES ENACTED by the Legislature of the Cayman Islands. Short title This Act may be cited as the Firearms (Amendment) Act, 2024. Amendment of section 2 of the Firearms Act (2008 Revision) - definitions and interpretation The Firearms Act (2008 Revision), in this Act referred to as the “principal Act”, is amended in section 2 as follows — (a) I Assent, Franz Manderson Acting Governor Date: 15th August, 2024 “Interpretation”; (b) by deleting the definition of the word “firearm” and substituting the following definition — “ “firearm” means — (a) any — (i) lethal barrelled weapon which discharges, is designed to discharge, or may be readily converted or adapted to discharge a shot, bullet or other projectile by the action of an explosive or any other mechanism; (ii) prohibited weapon, unless the context requires otherwise; or (iii) weapon under subparagraph (i) or (ii) that is a privately made firearm created by the use of a 3D printer, a computer numerical control milling machine or similar computer system and the use of electronic software, downloadable files or similar computer data; (b) a part or component part of any weapon referred to in paragraph (a); a firearm parts kit that is designed to, or may be easily completed, assembled, restored or otherwise converted, as a firearm; (d) an accessory to a firearm designed or adapted to diminish the noise or flash caused by firing the firearm; or (e) any air gun (including any air pistol), air rifle or any other air weapon as may be prescribed, but does not include — (i) an antique firearm; (ii) a flare gun used for sending signals or carried as a necessary part of safety equipment in the course of navigation at sea except where the flare gun is adapted to discharge ammunition; or (iii) a spear gun;”; by deleting the definition of the words “prohibited firearm”; and (d) by inserting in the appropriate alphabetical sequence, the following definitions — “ “ammunition” means a complete cartridge or round, or any component of a cartridge or round, and includes any — (a) cartridge case; (b) primer; (c) propellant; or (d) bullet, shot or projectile, designed for use in any firearm; “antique firearm” means any firearm manufactured in or before 1898 (or its replica) and which — (a) is not designed or redesigned for using ammunition; and (b) is possessed as a curiosity or an ornament; “automatic firearm” means any firearm so designed or adapted that if the trigger is fully depressed, or if pressure is applied, it continuously discharges ammunition until the trigger is released or pressure is removed from the trigger or the ammunition feed system is exhausted; “automatic conversion device” means a conversion device that is designed to convert a firearm from a semi-automatic firearm to an automatic firearm and which enables the user to fire or discharge automatically more than one shot or projectile, without manual reloading, by a single function or pull of the trigger; “ballistic signature” means any unique mark left on ammunition or ammunition component that is fired or cycled through a firearm; “component part”, in relation to a firearm, means any element or replacement element specifically designed for a firearm which includes — (a) a barrel; (b) a frame or receiver; (c) a magazine; (d) a firing pin; (e) a main spring; (f) a slide or cylinder; (g) a bolt or breech block, and any other part deemed essential for the functional operation of the firearm; “customs and border control officer” has the same meaning as in the Customs and Border Control Act (2024); “flare gun” includes a signal pistol; “frame” or “receiver” includes — (a) a partially completed, disassembled or non-functional frame or receiver of a firearm; and (b) an eighty per cent frame or receiver parts kit, with or without a jig, that is designed, or may readily be assembled or restored or otherwise converted, to function as a frame or receiver; “jig” means — (a) a metal or polymer plate used to maintain the correct positional relationship between a tool and a firearm receiver or frame casting during the build out of a firearm receiver or frame; or (b) a fixture that helps to locate the necessary holes and slots that must be drilled and milled into an incomplete receiver or frame casting; “officer of the Coast Guard” means a commissioned officer or a non-commissioned officer of the Cayman Islands Coast Guard established under section 3 of the Cayman Islands Coast Guard Act, “privately made firearm” means a firearm made by a person other than a licensed firearm manufacturer and without a serial number placed by a licensed firearm manufacturer; “prohibited ammunition” means any — (a) projectile manufactured to be discharged from any artillery; (b) incendiary type ammunition; armour-piercing or similar ammunition; (d) ammunition designed or adapted to contain, or otherwise capable of containing, a noxious liquid, gas or thing; (e) ammunition that is designed — (i) to explode on impact; or (ii) to change its components on or before impact, except ammunition of .22 calibre or below; or (f) other type or calibre of ammunition as may be prescribed; “prohibited device” means any — (a) electroshock weapon; (b) reloader; (c) jig; (d) tranquilizer gun; (e) device of any description or design that is adapted for the discharge of noxious liquid or gas; or (f) any other device as may be prescribed; “prohibited weapon” means any — (a) artillery; (b) automatic firearm including a machine gun; firearm converted or adapted to be a prohibited weapon; (d) burst-fire weapon; (e) automatic conversion device; (f) submachine gun; (g) part or component part of a prohibited weapon; (h) form of grenade or grenade launcher, bomb or explosive device; (i) missile or missile launcher; (j) automatic firearm or weapon of any description or design that is adapted for the discharge of noxious liquid or gas; (k) prohibited ammunition; firearm disguised or made to appear as another object; (m) imitation of a prohibited weapon; or (n) other weapon as may be prescribed; “reloader” means a reloading press, a reloading machine or any mechanical device for loading ammunition; and “3D printed firearm” means a lethal barrelled weapon which discharges or is designed to discharge any shot, bullet or other projectile and that is mostly manufactured by the use of a 3D printer, a computer numerical control milling machine or similar computer system and the use of electronic software, downloadable files or similar computer data.”. Amendment of section 3 - restriction on importation or exportation of The principal Act is amended in section 3 as follows — (a) “Restriction on importation or exportation of firearms, ammunition, prohibited devices and bullet-proof vests”; (b) in subsection (1), by deleting the words “No person shall import into or export from the Islands a firearm” and substituting the words “A person shall not import into or export from the Islands a firearm or ammunition”; by inserting after subsection (1) the following subsections — “(1A)A person shall not import into or export from the Islands — (a) subject to subsection (1B), any prohibited device; or (b) any prohibited weapon. (1B) The Cabinet may, by Order published in the Gazette permit the importation of such specified prohibited devices as it sees fit and the Order may include requirements regarding licences, permits, possession and use of the specified prohibited devices.”; (d) by repealing subsection (3) and substituting the following subsections — “(3) A person who contravenes subsection (1) commits an offence and, subject to section 39, is liable on conviction to a fine of one hundred both, except that where the firearm is a prohibited weapon the person is liable on conviction to the penalty under subsection (3A)(b). (3A) Subject to subsections (3B) and (3C), a person who contravenes — (a) subsection (1A)(a) commits an offence and is liable on conviction to a fine of one hundred thousand dollars or to imprisonment for a term of ten years, or to both; or (b) subsection (1A)(b) commits an offence and, subject to section 39, is liable on conviction to a fine of two hundred and fifty thousand dollars or to imprisonment for a term of thirty-five years, or to both. (3B) For the purposes of subsection (3A)(a), an offence in relation to importation is not committed where the prohibited device is a specified prohibited device permitted by Order under subsection (1B). (3C) Where the contravention under subsection (3A)(a) is in respect of a reloader, the person is liable on conviction to a fine of one hundred both.”; and (e) by repealing subsection (4) and substituting the following subsection — “(4) A person who contravenes subsection (2) commits an offence and is Repeal and substitution of section 4 - travellers to make declaration of The principal Act is amended by repealing section 4 and substituting the following “Travellers to make declaration of firearms, ammunition and bulletproof vests (1) A traveller who disembarks in the Islands and has a firearm, ammunition or a bullet-proof vest in his or her possession or control shall make a declaration regarding the firearm or ammunition in the prescribed form. (2) A person who contravenes subsection (1) commits an offence and is (3) A customs and border control officer who has reasonable cause to believe that a traveller disembarking in the Islands has in that traveller’s possession or control any firearm, ammunition or bulletproof vest for which a declaration has not been made under subsection (1), may search the traveller and the traveller’s baggage and any firearm, ammunition or bullet-proof vest found shall be forfeited to the Crown. (4) The powers conferred by this section are in addition to and not in derogation from the powers of search conferred by the Customs and Border Control Act (2024 Revision).”. Repeal and substitution of section 5 - traveller’s option The principal Act is amended by repealing section 5 and substituting the following “Traveller’s option (1) Subject to subsection (2), a traveller who declares under section 4 that there is a firearm, ammunition or a bullet-proof vest in the traveller’s possession or control shall either — (a) cause the firearm, ammunition or bullet-proof vest to be retained on the vessel or aircraft on which the traveller arrived into the Islands until the vessel or aircraft departs from the Islands; or (b) as soon as the traveller arrives in the Islands, deliver the firearm, ammunition or bullet-proof vest to a customs and border control officer in a sealed packet to be dealt with in accordance with section 6, unless the traveller — (i) in respect of the firearm or ammunition, is the holder of a permit under section 19(2)(a) and a licence under section 19(2)(e); or (ii) in respect of the bullet-proof vest, has the written approval of the Commissioner under section 3(2) authorising the importation into the Islands, in which event the traveller shall pay the appropriate duty and the firearm, ammunition or bullet-proof vest shall be delivered to the traveller. (2) A traveller who intends to utilise the traveller’s option — (a) under subsection (1)(a) shall notify the Commissioner in writing of the traveller’s intention to utilise the option prior to arrival in the Islands; or (b) under subsection (1)(b) shall obtain the written approval of the Commissioner to utilise the option prior to arrival in the Islands, and present the respective notification or approval to the customs and border control officer when required to do so. (3) The firearm, ammunition or bullet-proof vest under subsection (1)(a) may be retained on the vessel or aircraft for up to such period of time as may be prescribed. (4) A person who contravenes subsection (1) commits an offence and is liable on conviction to fine of one hundred thousand dollars or to Repeal and substitution of section 6 - custody of firearms and bullet-proof vests by customs officer The principal Act is amended by repealing section 6 and substituting the following “Custody of firearms, ammunition and bullet-proof vests (1) Subject to subsections (2) and (3), any firearm, ammunition or bulletproof vest received by a customs and border control officer under section 5(1)(b) shall be retained in the sealed packet in which it is received until the traveller gives notice in writing to the Director of Customs and Border Control, within the period of time as may be prescribed, specifying — (a) the port at which the traveller intends to embark for a place outside of the Islands; and (b) the date, time and vessel on which the traveller intends to embark, in which event the sealed packet containing the firearm, ammunition or bullet-proof vest shall be delivered to the traveller immediately before embarkation. (2) Where the traveller fails to — (a) produce the permit or the Commissioner’s written approval authorising the importation of the firearm, ammunition or bullet-proof vest; or (b) give notice in writing specifying the port, date, time and vessel on which the traveller intends to embark within the period of time as may be prescribed for doing so, the firearm, ammunition or bullet-proof vest may be forfeited to the Crown. (3) A firearm, ammunition or bullet-proof vest may be retained by Customs and Border Control under subsection (1) up to such period of time as may be prescribed.”. Amendment of section 7 - firearms and bullet-proof vests not to be deemed to be imported into the Islands in certain circumstances The principal Act is amended in section 7 as follows — (a) “Circumstances where firearms, ammunition and bullet-proof vests not considered as imported”; and (b) by deleting the words “firearm or bullet-proof vest” wherever they appear and substituting the words “firearm, ammunition or bullet-proof vest”. Amendment of section 8 - restrictions upon acquisition or disposal of The principal Act is amended in section 8 as follows — (a) “Restrictions on acquisition or disposal of firearms, ammunition and bullet-proof vests”; (b) by inserting after subsection (3) the following subsection — “(3A)A person shall not sell, give away, purchase or accept the gift of ammunition unless the person is the holder of a licence or permit which authorises that person to possess, use, import, export, transfer or dispose of that ammunition.”; in subsection (4), by deleting the words “firearm pursuant to any sale or gift of such firearm” and substituting the words “firearm or ammunition pursuant to any sale or gift of the firearm or ammunition”; (d) in subsection (5), by deleting the words “firearm pursuant to any sale or gift of such firearm” and substituting the words “firearm or ammunition pursuant to any sale or gift of the firearm or ammunition”; and (e) by repealing subsection (7) and substituting the following subsection — “(7) A person who contravenes this section commits an offence and is Amendment of section 9 - restrictions on delivery of firearms The principal Act is amended in section 9 as follows — (a) “Restrictions on delivery of firearms and ammunition”; and (b) by deleting the word “firearm” wherever it appears and substituting the words “firearm or ammunition”. Insertion of new section 9A - restriction on acquisition: two or more manufacturers of component parts

The principal Act is amended by inserting after section 9 the following section — “Restriction on acquisition: two or more manufacturers of component parts 9A. (1) A person shall not import or acquire a firearm where the component parts are manufactured by two or more manufacturers except where the addition of the component parts is done during the manufacturing or assembling process by the primary manufacturer of the firearm. (2) A person who contravenes subsection (1) commits an offence and is Insertion of new section 12A - restrictions relating to alteration of ballistic signature or conversion into firearm

The principal Act is amended by inserting after section 12 the following section — “Restrictions relating to alteration of ballistic signature or conversion into firearm 12A. (1) A person shall not — (a) except where repairs are notified under subsection (2), do anything to a firearm that alters the ballistic signature of the firearm; (b) convert into a firearm anything which is not a firearm; or remove, alter, modify or in any other manner tamper with any mark on a firearm or ammunition. (2) Prior to effecting repairs to a firearm, the Commissioner shall be notified of any — (a) repairs to be effected to the firearm, including any component parts that are to be replaced; and (b) other details as may be required, and the notification and required details shall be provided in the form and manner as may be prescribed. (3) A person who contravenes subsection (1) commits an offence and is imprisonment for a term of ten years, or to both. (4) For the purposes of this section, “mark”, in relation to a firearm or ammunition, includes — (a) the name of the manufacturer; (b) the serial number; the make, model or type; (d) the calibre of the firearm; (e) the country of manufacture; (f) the date of manufacture; and (g) any proof mark, as may be marked, etched or otherwise imprinted on the firearm or ammunition.”. Amendment of section 15 - possession and use of firearms and bullet-proof vests

The principal Act is amended in section 15 as follows — (a) “Possession of firearms, ammunition, bullet-proof vests and prohibited devices”; (b) by deleting the words “any firearm” wherever they appear and substituting the words “any firearm or ammunition”; by deleting the words “such firearm” wherever they appear and (d) by inserting after subsection (4) the following subsection — “(4A)A person shall not be in possession of — (a) a prohibited device except where permitted by this Act; or (b) a prohibited weapon.”; and (e) by repealing subsection (5) and substituting the following subsections— “(5) Subject to subsections (6) and (7), a person who contravenes — (a) subsection (1) commits an offence and, subject to section 39, is liable on conviction to a fine of one hundred thousand dollars or to imprisonment for a term of twenty years, or to both except that where the firearm is a prohibited weapon the person is liable on conviction to the penalty under paragraph (d); (b) subsection (3) commits an offence and is liable on conviction to a fine of one hundred thousand dollars or to imprisonment for a term of twenty years, or to both; subsection (4A)(a) commits an offence and is liable on conviction to a fine of one hundred thousand dollars or to imprisonment for a term of ten years, or to both; and (d) subsection (4A)(b) commits an offence and is liable on conviction to a fine of two hundred and fifty thousand dollars or to imprisonment for a term of thirty-five years, or to both. (6) For the purposes of subsection (5)(c), an offence in relation to possession is not committed where the prohibited device is a specified prohibited device that is in the person’s possession in accordance with an Order under section 3(1B). (7) Where the contravention under subsection (4A)(a) is in respect of a reloader, the person is liable on conviction to a fine of one hundred both.”. Amendment of section 18 - restriction relating to the discharge and carriage of firearms and the wearing of bullet-proof vests

The principal Act is amended in section 18 as follows — (a) by repealing subsection (6) and substituting the following subsection — “(6) A person who has in his or her 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 — (a) to commit an offence; (b) to endanger life or cause serious injury to property; to resist arrest or prevent the arrest of another person; or (d) to enable another person to endanger life or cause serious injury to property, whether any injury to person or property has been caused or not, commits an offence and, subject to section 39, is liable on conviction to a fine of two hundred and fifty thousand dollars or to imprisonment for a term of thirty-five years, or to both.”; and (b) in subsection (8), by deleting the words “firearm, imitation firearm or bullet-proof vest” and substituting the words “firearm, an imitation firearm, ammunition, a prohibited weapon or a bullet-proof vest”. Insertion of new section 18A - prohibition on manufacture or supply of firearms or ammunition

The principal Act is amended by inserting after section 18 the following section — “Prohibition on manufacture or supply of firearms or ammunition 18A. (1) A person shall not — (a) assemble; (b) manufacture (including create by the use of a 3D printer, a computer numerical control milling machine or similar computer system and the use of electronic software, downloadable files or similar computer data); or supply, any firearm, ammunition or firearm parts kit. (2) A person shall not access, download or have in the person’s possession electronic software, downloadable files or similar computer data that pertain to a firearm and that are capable of being used with a 3D printer, a computer numerical control milling machine or similar computer system with the intent to assemble, manufacture or supply a firearm derived from the electronic software, downloadable files or similar computer data. (3) A person who contravenes this section commits an offence and is liable on conviction to a fine of two hundred and fifty thousand dollars or to imprisonment for a term of thirty-five years, or to both.”. Amendment of section 19 - types of licences and permits

The principal Act is amended in section 19 by renumbering the section as subsection (2) and inserting immediately before the renumbered subsection the following subsection — “(1) In this Part, a reference to a licence or permit for a firearm includes a reference to a licence or permit for ammunition.”. Amendment of section 21 - general provisions as to grant and issue of licences and permits

The principal Act is amended in section 21 as follows — (a) in subsection (3), by deleting the words “prohibited firearm” and substituting the words “prohibited weapon”; and (b) by inserting after subsection (3) the following subsection — “(3A)A licence or permit shall not be granted — (a) in relation to any privately made firearm assembled from a firearm parts kit or component parts; or (b) in relation to any firearm without a serial number or with any mark on the firearm altered.”. Insertion of new section 30A - collection and storage of ballistic signatures

The principal Act is amended by inserting after section 30 the following section — “Collection and storage of ballistic signatures 30A. The Commissioner shall collect and store — (a) physical and digital ballistic signatures; and (b) information relating to firearms in the Islands, at such times and in such manner as may be prescribed.”. Amendment of section 35 - search warrants

The principal Act is amended in section 35 by deleting the words “firearm or bulletproof vest” wherever they appear and substituting the words “firearm, ammunition or bullet-proof vest”. Amendment of section 37 - custody of firearms

The principal Act is amended in section 37 as follows — (a) in subsection (1) as follows — (i) by deleting the words “any firearm” and substituting the words “any firearm or ammunition”; and (ii) by deleting the words “such firearm” wherever they appear and (b) by repealing subsection (2) and substituting the following subsection — “(2) Where any holder of any Firearm User’s (Restricted) Licence is about to leave the Islands for twenty-one days or more and does not desire to take the firearm and the ammunition to which such licence relates, the holder shall, before leaving the Islands, deliver the firearm and the ammunition to the officer in charge of a police station.”; and in subsection (6) as follows — (i) by deleting the words “Every firearm” and substituting the words “Any firearm, ammunition”; and (ii) by deleting the words “such firearm” wherever they appear and Amendment of section 39 - minimum sentences for certain offences

The principal Act is amended in section 39 as follows — (a) in subsection (1) as follows — (i) in paragraph (a), by deleting the words “under section 3(3), 15(5)” and substituting the words “under section 3(3), 3(3A)(b), 15(5)(a), 15(5)(d)”; and (ii) by deleting paragraph (c) and substituting the following paragraph — “(c) the offence is in respect of a firearm or a prohibited weapon.”; and (b) in subsection (2) as follows — (i) in paragraph (a), by deleting the words “at least seven years” and substituting the words “at least ten years”; and (ii) in paragraph (b), by deleting the words “at least ten years” and substituting the words “at least fifteen years”. Repeal and substitution of section 40 - restriction on eligibility for release on licence

The principal Act is amended by repealing section 40 and substituting the following “Restriction on eligibility for release on licence

Notwithstanding the Conditional Release Act (2019 Revision) or any other law, a person who — (a) contravenes section 3(1) and is convicted and sentenced under section 3(3); (b) contravenes section 3(1A)(b) and is convicted and sentenced under section 3(3A)(b); contravenes section 15(1) and is convicted and sentenced under section 15(5)(a); or (d) contravenes section 18(6) and is convicted and sentenced under that section, shall not be eligible to be released on licence.”. Amendment of section 41 - forfeiture of firearms

The principal Act is amended in section 41 as follows — (a) in paragraph (a), by deleting the words “of any firearm” and substituting the words “of any firearm, ammunition”; (b) in paragraph (c), by deleting the words “of any firearm” and substituting the words “of any firearm or ammunition”; in paragraph (d), by deleting the words “of any firearm” and substituting the words “of any firearm or ammunition”; and (d) by deleting the words “such firearm or” wherever they appear and substituting the words “the firearm, ammunition or”. Amendment of section 44 - when provisions shall not apply

The principal Act is amended in section 44 as follows — (a) in paragraph (a), by deleting the words “firearm or bullet-proof vest” wherever they appear and substituting the words “firearm, ammunition, bullet-proof vest, prohibited device or prohibited weapon”; (b) in paragraph (b), by deleting the words “firearm or bullet-proof vest” and substituting the words “firearm, ammunition or bullet-proof vest”; by repealing paragraph (d) and substituting the following paragraph — “(d) any member of — (i) the armed forces of His Majesty; (ii) the Royal Cayman Islands Police Service; (iii) the Cayman Islands Coast Guard; (iv) Cayman Islands Regiment; (v) the Prison Service; or (vi) the Customs and Border Control Service, in respect of any firearm, ammunition, bullet-proof vest, prohibited device or prohibited weapon in the possession of the member in the course of the member’s duties;”; and (d) in paragraph (e), by deleting the words “firearm or bullet-proof vest” and substituting the words “firearm, ammunition or bullet-proof vest”; and (e) in paragraph (g), by deleting the words “firearm or bullet-proof vest” and substituting the words “firearm, ammunition or bullet-proof vest.”. Transitional

Nothing in any provision of this amending Act shall affect any legal proceedings which are pending immediately before the commencement of this amending Act. Passed by the Parliament the 23rd day of July, 2024. Hon. Sir Alden McLaughlin Speaker Zena Merren-Chin Clerk of the Parliament