قرار بقانون رقم (27) لسنة 2020م بتعديل القانون رقم (2) لسنة 1998م بشأن الأسلحة النارية والذخائر

Law by Decree No. 27 of 2020

Concerning the Amendment of the Law No. 2 of 1998 on Firearms and Ammunition

The President of the State of Palestine

The Chairman of the Executive Committee of the Palestine Liberation Organisation

In reference of the Bylaw of the Palestine Liberation Organisation,

The Amended Basic Law of 2003, as amended,

Having reviewed the Law No. 2 of 1998 on Firearms and Ammunition,

The Penal Law No. 16 of 1960, as amended,

The Penal Law No. 74 of 1936, as amended,

Based upon the powers vested in me, and

In pursuance of the public interest,

I hereby promulgate the following Law by Decree:

Article 1

For the purposes of introducing this amendment, the Law No. 2 of 1998 on Firearms and Ammunition, as amended, shall be referred to as the Original Law.

Article 2

Article 25 of the Original Law shall be amended so as to become as follows:

1. Without prejudice to any more aggravated penalty prescribed by other laws, to be punished:

a. By either or both confinement for a term that does not exceed one year and by a fine in the amount of two thousand Jordanian dinars, or its equivalent in the legal currency of circulation, shall be each person who deliberately alters or falsifies a number or mark placed on a firearm in contravention to the provisions of this Law.

b. By confinement for a term of not less than one year and not more than three years, and three years' confinement with a stay of execution for a term of five years, starting from the expiration of the actual penalty, and by a fine of not less than two thousand Jordanian dinars and not more than ten thousand Jordanian dinars, or its equivalent in the legal currency of circulation, shall be each person who possesses, carries, or transports a firearm or ammunition without a licence from the competent authorities.

c. By imprisonment for a term of not less than five years and not more than fifteen years, and ten years with a stay of execution for a term of five years, starting from the expiration of the actual penalty, and by a fine of not less than five thousand Jordanian dinars and not more than twenty thousand Jordanian dinars, or its equivalent in the legal currency of circulation, shall be each person who sells or offers a firearm or ammunition to a third party in a manner that violates the provisions of this Law.

d. By imprisonment for a term of not less than five years and not more than fifteen years, and ten years with a stay of execution for a term of five years, starting from the expiration of the actual penalty, and by a fine of not less than ten thousand Jordanian dinars and not more than twenty thousand Jordanian dinars, or its equivalent in the legal currency of circulation, shall be each person who imports or exports firearms or ammunition, or takes part or conspires with third parties to do so, as well as each person who engages in the trafficking of firearms and ammunition without a licence from the competent authorities.

e. By imprisonment for a term of not less than five years and not more than fifteen years, and ten years with a stay of execution for a term of five years, starting from the expiration of the actual penalty, and by a fine of not less than ten thousand Jordanian dinars and not more than twenty thousand Jordanian dinars, or its equivalent in the legal currency of circulation, shall be each person who manufactures firearms or ammunition without a licence from the competent authorities.

2. In addition to the penalties prescribed under Paragraph 1 of this Article, the firearms which are seized in contravention to the provisions of this Law shall be confiscated.

3. In the event a crime provided for under the laws in force is committed by means of a firearm possessed in violation of the provisions of this Law, the penalty for the possession of firearms shall be added to the penalty of the crime, by which it was perpetrated.

4. Each person who commits a crime of murder in accordance with its respective legal characterisation under effective Law by means of a firearm which was possessed in contrariety with the Law, the penalty for the possession of the firearm shall be added to the penalty of the crime. He shall be liable to the maximum penalty prescribed by law, no matter how much it is.

Article 3

All the competent authorities, each one within its sphere of jurisdiction, shall implement the provisions of this Law by Decree, which shall enter into force as of the date of its publication in the Official Gazette.

Promulgated in the city of Ramallah on September 1^st, 2020 Anno Domini,

Corresponding to Muharram 13^th, 1442 Anno Hegira.

Mahmoud Abbas

President of the State of Palestine

Chairman of the Executive Committee of the Palestine Liberation Organisation