‘Need to review Arms Act, 1960’

April 23, 2015

Dato Sri Wan Junaidi Tuanku Jaafar

SIBU: Provisions under Section 36 of the Arms Act 1960 have to be relooked in order to remain relevant to deal with the issue of imitation guns.

Deputy Home Affairs Minister Dato Sri Wan Junaidi Tuanku Jaafar said this was especially so if the act or offence committed by a person did not fall under the provision of Section 6 of the Firearms (Increased Penalties) Act 1971.

“There are two Acts of Parliament governing imitation guns, one complementing the other under specific circumstances.

“Section 36 of Arms Act 1960 provides punishment for importing or in possession of imitation gun and is punishable with not more than one year jail or a fine of RM5,000 or both. But if the person uses the gun to commit, attempt to commit, or conspire to commit an offence which possibly puts a person in fear of death or grievous hurt shall be punished with imprisonment up to 10 years and three lashes of the whip.

“From the provisions mentioned, obviously there is a need to have a relook at the provisions of Section 36 of the Arms Act 1960 to make the provisions more relevant especially, if the act or offence committed by the person does not fall under the provision of Section 6 of Firearms (Increased Penalties) Act 1971,” Wan Junaidi said.

He was asked if there was a plan by the government to review the existing penalty for selling or possessing imitation (fake) guns, making it stiffer to curb the sale of such gadgets that resemble genuine firearms following the arrest of a restaurant waiter from a house in Matang last week after he was found in possession of a cache of ‘never-before-seen’ imitation air rifles and pistols.

Speaking at a press conference in Kuching, district police chief ACP Roslan Bek Ahmad said that police personnel inspected a room in the house and found nine sets of imitation weapons comprising four rifles and five pistols, along with various related components.

Roslan reportedly said the suspect had various components of the weapons mailed to him piece-by-piece over a period of time so as not to arouse suspicion from postal workers, and once he received all the components, the suspect proceeded to assemble them which, in terms of weight and physical look, closely resembled genuine firearms.

“As for the importation of the gun brought in by land, sea and air, I am sure the Customs Department and security officers at airports and ports are well-informed of the laws with respect to these kind of ‘weapons’,” said Wan Junaidi, who is Santubong MP.

However, postal authority, Customs Department and security officers of the air, land and sea entry points ought to brief their officers on the security threat from these firearms and the relevant laws governing it, he said.

He added that the postal service and Customs Department ought to have the screening equipment at all entry points.

“Also, there must be a mechanism to educate the public and keep them informed of the restriction and prohibition under the law. The current situation is still very much under control and we must not be complacent of the threat,” Wan Junaidi said.

Meanwhile, Assistant Minister of Social Development (Youth) Datuk Abdul Karim Rahman Hamzah said if the gun were toy guns meant for children to play, they should not be confiscated.

“However, if the guns could shoot missiles or ball bearings and could be used as a weapon to injure or harm others, those guns should be prohibited and the owner charged. I hope this is an isolated case.”

Abdul Karim, who is Asajaya assemblyman added that members of the public should be forewarned that possessing these ‘weapons’ was an offence under the law.

“They could put themselves in danger as they could get themselves shot by security personnel who think they are carrying real guns.”