In April 2024, an unprecedented shooting occurred in the middle of KLIA. Reports of the incident reveal that the suspect was trying to shoot his own wife. Fortunately for her, she had engaged a bodyguard for her protection. This bodyguard bravely put himself in the line of fire when the suspect allegedly fired two shots from a pistol.
While the wife survived unharmed, her bodyguard was shot in the hip and is undergoing medical treatment. Given that gun-related violence is relatively rare in Malaysia, this incident came as a shock to many Malaysians.
Many may not know that Malaysian law actually allows certain civilians to use firearms.
By law, firearms (or arms) are weapons that can discharge a shot, bullet or missile. This includes automatic guns, pistols, air guns and air pistols.[1]
No person is allowed to have a firearm without a licence. The punishment for breaching this is imprisonment of up to 14 years and whipping with not less than 6 strokes.[2]
A license may be granted by the Royal Malaysian Police, if the applicant has a good reason to have a firearm and would not pose a danger to public safety or public interest.[3]
That being said, the law does not allow any licence for automatic firearms, grenades, bombs or similar missiles.
According to the Royal Malaysian Police, an applicant for a license must be 18 years old and above, physically and mentally fit, free from any disabilities that may affect operating a firearm and free from any past criminal convictions.
For those who are authorised to have firearms, they can only use these firearms for specific purposes. This includes use at shooting ranges, for the protection or life or property, or hunting.[4]
While the law does allow certain civilians to use firearms, there are severe punishments for those who use firearms for criminal activities.
For example, carrying or displaying a firearm while committing a robbery is a crime punishable with imprisonment of between 30 years and 40 year along with whipping of not less than 6 strokes.[5] If that firearm is shot, the minimum whipping increases to 12 strokes.[6]
Based on the above, the law allows certain groups of civilians to use firearms, mostly for security or sport, subject to the Royal Malaysian Police’s approval. Otherwise, there are severe punishments.
Back to the KLIA shooting incident, the police have revealed that the suspect did not have a firearm license. If proven, it would mean that the suspect had illegally obtained a firearm, despite the severe punishment for this crime.
[1] S. 2(1), Arms Act 1960
[2] S. 8, Firearms (Increased Penalties) Act 1971
[3] S. 4(1), Arms Act 1960
[4] S. 39. Arms Act 1960
[5] S. 4 & S. 5, Firearms (Increased Penalties) Act 1971
[6] S. 3, Firearms (Increased Penalties) Act 1971
About the Author
Sahain is a Legal Associate of XK Law. He graduated with Honours from the National University of Malaysia. Sahain believes that the legal fraternity plays an integral part in the operation of the rule of law in Malaysia and is keen to utilise his legal education towards the betterment of society and the country.
