Malaysians were recently shocked by viral images on social media of national school teachers brandishing toy guns and parading in front of their students while clad in black-and-white chequered Palestinian scarves or green bandanas, in an apparent show of support for the Palestinians who are embroiled in a bitter war with Israel.
Understandably, right minded Malaysians were aghast that our young ones were being dragged into the grownup world of hatred and war. Surely, our education system has far more important priorities.
These teachers, as misguided as they are about educational priorities, may also be blissfully ignorant of the law in Malaysia, namely the Firearms Act 1960 (“FA60”).
Section 36 of the FA60 provides that it is an offence for a person to have in his/her possession or custody an imitation arm, and upon conviction liable to imprisonment for a term not exceeding 2 years, or to a fine not exceeding RM5,000.00, or both. Section 2 defines imitation arm as anything which has the appearance or is intended to give the impression of being an arm, whether it is capable of discharging any shot, bullet, missile, noxious liquid, gas or other thing, or not.
This is not the first time that the public have been warned of this offence. In 2013, the Federal police Logistics Department director Datuk Zulkifli Abdullah said all imitation firearms, such as BB guns, airsoft guns, paintball markers, antique guns and pistol- shaped cigarette lighters, are illegal. Again in 2020, the then Inspector-General of Police, Tan Sri Khalid Abu Bakar was reported to have said that the possession of a fake firearm is an offence under the law regardless of the reason.
In the case of Public Prosecutor v Rosni bin Ismail [2021] MLJU 31, En. Rosni was charged in court under section 36 of the FA60 for for displaying an imitation air rifle in his premises. No license was produced for the display. En. Rosni was fined RM1,000.00 by the Kluang Magistrate Court.
You may then wonder, what about those toy guns that your 7-year-old proudly carries around imitating their cartoon heroes? Has your child committed a criminal offence? Fortunately, children under the age of 14 are exempted under the law. They can keep their toy guns.
Then again what about local actors/actresses who use imitation arms in their films to depict their characters – have they committed a criminal offence? Again, the FA60 makes an exception for all those who obtain a license from the State Chief Police.
Notwithstanding the obvious lack of wisdom on the part of the teachers, did they commit a criminal offence when they gallantly paraded with their toy guns? Well, if they did not obtain the required license under the FA60 for the event, it appears that teachers did commit a criminal offence in full view of their students.
The next question on everyone’s mind is this – will the Malaysian Police investigate and haul up the teachers? For some reason or another, Malaysians seem to have doubts. We shall see.
About the Author
Xavier is a Founding Partner of XK Law. He graduated with Honours from the University of London, United Kingdom. Xavier is passionate about combating injustice and loves doing so though his legal work.
