Sun, 2005-05-29

The Bermuda Police Service has noticed an increase in the reported use of pepper spray on the island. The public are advised that pepper spray is a prohibited weapon under the Firearms Act 1973. The Act states:

Prohibited weapons and ammunition

2 (1) Subject to this Act, it is an offence for any person to—

(a) have in his possession; or (b) import; or (c) carry; or (d) manufacture; or (e) supply or offer to supply to another; or (f) be concerned in the supplying to another of, any of the following —

(viii) any weapon of whatever description designed or adapted for the discharge of any noxious liquid, gas, energy of any description or other thing;

(ix) any ammunition containing, or designed or adapted to contain, any such noxious thing;

Prosecution and punishment of offences

30 (1) Any person who uses a firearm —

(a) while committing or attempting to commit an indictable offence; or

(b) during flight after committing or attempting to commit an indictable offence,

whether or not he causes or means to cause bodily harm to any person as a result thereof, commits an offence under this subsection:

Punishment on conviction on indictment —

(c) in the case of a first offence under this subsection, except as provided in paragraph (d), be sentenced to imprisonment for not less than ten years and not more than twenty years; and

(d) in the case —

(i) of a second or subsequent offence under this subsection; or

(ii) of a first offence under this subsection committed by a person who, prior to 18 October 1985, was convicted of an indictable offence or an at tempt to commit an indictable offence in the course of which or during his flight after the commission or attempted commission of which he used a firearm, be sentenced to imprisonment either for life or for such lesser term (not however being less than twenty years) as the court thinks fit.”

For more on the Firearms Act, click here.