IT'S ALMOST CHRISTMAS so this week 'Legal Eagle' will focus on the some of the things we love to do at Christmastime, but things that may bring you in contact with the law.
Although we don't hear them as often as some years ago, firecrackers and toy guns pose particular problems for us in Jamaica. It must be clear that having a toy gun by itself is not a crime under the Firearms Act. However, section 25 of the said act provides that: "Every person who makes or attempts to make any use whatever of a firearm or imitation firearm, with intent to commit or to aid the commission of a felony or to resist or prevent the lawful apprehension or detention of himself or some other person, shall be guilty of an offence against this subsection."
The effect of this provision is that you must be doing one or more of the acts outlined above to be caught under this provision of the act.
IMITATION FIREARM
It is important to note that the Firearms Act defines an imitation firearm as "anything which has the appearance of being a firearm within the meaning of this section, whether it is capable of discharging any shot, bullet or missile or not." From this definition, it is clear that many of the toy guns have very close resemblance or appearance to a firearm. To avoid trouble, you must always bear in mind that the toy guns must not be used in the manner provided for under section 25 (1) of the Firearms Act.
Section 25 (2) of the act also provides that if you commit an offence specified in the First Schedule, and you have in your possession a firearm or imitation firearm, "... unless he shows that he had it for a lawful object ... shall be guilty of an offence against this section and liable for punishment accordingly." The offences in the First Schedule are some of the offences under the Larceny Act, Offences against the Person Act and offences under other acts.
Persons who may wish to 'experiment' with toy guns must know that the act provides that the penalty may include any punishment under the Firearms Act and, in addition, any sentence for the felony or other offences.
In a society where the gun is used so often, it may be prudent to avoid a toy gun for Christmas, especially if you are not a very young child.
Merry Christmas to you all.
Keith N. Bishop is an attorney-at-law and a partner in the in the firm of Bishop & Fullerton.
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