Thailand Arms Control Act

Thailand Arms Control Act #2

Section 31. In the execution of duties, the competent official shall produce identification card to related person.
The identification card of the competent official shall be in the form as prescribed in the Ministerial Regulation.

Section 32. If the Permanent Secretary for Defence is of opinion that arms, containers, accounts, documents and other things seized or attached under section 30 (3) are unable to be forfeited under section 34 or the Public Prosecutor or Military Prosecutor has the final non-prosecution order, the competent official shall return the things under seizure to deserved person or withdraw the attachment without delay.

If the things under seizure are perishable or their expiry date will become due in the near future or the maintenance of which may cause damages or the maintenance cost may be in excess of their value, the Permanent Secretary for Defence shall have the power to sell them by auction or by other appropriate means, and proceeds thereof shall be held in lieu of the things under seizure after deduction of all incurred cost.

In returning of the things under seizure to deserved person under paragraph one or in returning of proceeds held in lieu thereof under paragraph two, the competent official shall notify of such return in writing to deserved person. If it is unable to notify, the competent official shall advertise of such return in a newspaper or pin such

Notification up at a conspicuous area of the place where the application is applied, for not less than seven days.

If deserved person fails to collect the things under seizure or proceeds held in lieu thereof within one hundred and eighty days as from the date of written notice or the date of advertisement in the newspaper or the date of pinning up of the Notification at a conspicuous place, as the case may be, under paragraph three, the things under seizure or proceeds held in lieu thereof shall be vested in the State.

Section 33. If the result of test clearly states that the things under seizure under section 30 (3) are in the conditions, or having been transformed to the conditions, that may be harmful to human being or properties, the Permanent Secretary for Defence shall, with the advice of the Committee, have the power to order those things under seizure to be destroyed or managed as he or she deems appropriate.

In case of emergency or where it is necessary to prevent human being or properties from harm which may be produced by the things under seizure under paragraph one, the Permanent Secretary for Defence shall have the power to order those things under seizure to be destroyed or managed as he or she deems appropriate without the advice of the Committee.

Section 34. Arms ordered, imported, produced or possessed in violation of, or in contrary to, the provisions of this Act shall be forfeited irrespective of whether there is a person being convicted or not.

Section 35. If it is unable to identify, at the time of seizure, a person who orders, imports, produces or processes of arms seized by the competent official or inquiry official and no person presence as a person who orders, imports, produces or processes of arms with a view to collect the things under seizure within sixty days as from the date of seizure, such arms shall be vested in the State.

Section 36. In the case where a licensee of order license fails to collect arms under his or her order from the Customs Department within sixty days as from the date those arms arrived the Kingdom, the customs official shall notify in writing that licensee or the person who controls vehicle loaded with arms or his or her representative to dispatch such arms out of the Kingdom within thirty days as from the date of receiving of that notice. If the licensee or the person who controls vehicle loaded with arms or his or her representative fails to comply with the notice within the period specified therein, such arms shall be vested in the State.

Section 37. Arms forfeited or vested in the State under this Act shall be delivered to the Ministry of Defence for appropriate management.

Section 38. In the execution of duties, the competent official is deemed to be the competent official under the Penal Code.

CHAPTER V
Revocation of License

Section 39. For security of the State or public order or public benefit, or in the case where the licensee violates or fails to comply with this Act or fails to comply with the orders or conditions issued under the provisions of this Act, the Minister shall have the power to revoke license granted under this Act.

Section 40. A person whose license is revoked shall have to dispatch arms out of the Kingdom or distribute or manage arms in compliance with written order of the Minister or his or her entrusted person within the period specified therein. If the person whose license is revoked fails to comply therewith, such arms shall be vested in the State at the lapse of the specified period.

CHAPTER VI
Penalties

Section 41. Whoever fails to give statements or submit any document or object as required by the Committee under section 14 paragraph one or by the competent official under section 30 (4) shall be liable to imprisonment for a term of not exceeding three months or to a fine of not exceeding three thousand Baht or to both.

Section 42. Whoever violates section 15 paragraph one shall be liable to imprisonment for a term of not exceeding five years or to a fine of not exceeding fifty thousand Baht or to both.

Section 43. A licensee who violates or fails to comply with the conditions imposed in the license under section 15 paragraph two shall be liable to imprisonment for a term of not exceeding five years or to a fine of not exceeding fifty thousand Baht or to both.

Section 44. A licensee who fails to notify the depositary of arms under section 19 shall be liable to imprisonment for a term of not exceeding six months or to a fine of not exceeding six thousand Baht or to both.

Section 45. A licensee who fails to comply with the order of the Permanent Secretary for Defence issued under section 19 or section 29 shall be liable to imprisonment for a term of not exceeding one year or to a fine of not exceeding ten thousand Baht or to both.

Section 46. Whoever fails to comply with section 21 paragraph one or section 25 paragraph one shall be liable to imprisonment for a term of not exceeding three years or to a fine of not exceeding thirty thousand Baht or to both.

Section 47. A licensee who fails to comply with section 24 shall be liable to imprisonment for a term of not exceeding three months or to a fine of not exceeding three thousand Baht or to both.

Section 48. A licensee who fails to comply with section 28 paragraph one shall be liable to a fine of not exceeding one thousand Baht.

Section 49. Whoever obstructs or fails to render facilities to the competent official in the execution of his or her duties under section 30 (1), (2) or (3) shall be liable to imprisonment for a term of not exceeding six months or to a fine of not exceeding six thousand Baht or to both.

Section 50. Whoever commits an offence under section 42 shall be liable to imprisonment for a term of five years to twenty years if the commission of such offence is a part of rebellion plot under the Penal Code.

Transitory Provisions

Section 51. An order or possession license granted under the law on arms control which is in force prior to the date this Act comes into force shall be valid through its expiry date. If the licensee desires to continue license, he or she shall apply for license under this Act prior to the expiry date of the former license.

Section 52. All Ministerial Regulations or Notifications issued under the provisions of the law on arms control shall continue in force insofar as they are not contrary to or inconsistent with the provisions of this Act, provided that they are replaced by Ministerial Regulations or Notifications issued under this Act.

Countersigned by:
General P. Tinsulananda
Prime Minister

Rate of Fees

(1) Application 20 Baht each
(2) Order license 200 Baht each
(3) Import license 200 Baht each
(4) Produce license 10,000 Baht each
(5) Possession license 200 Baht each
(6) Substitute of license 50 Baht each
(7) Renewal of license equals to fee imposed to each kind of license

1Published in the Government Gazette Vol. 104, Part 254, Special Issue, dated 7th December B.E. 2530 (1987).

Source: Pakorn Nilprapunt, Office of the Council of State (www.krisdika.go.th, www.lawreform.go.th)

Related: Thailand Disaster Prevention and Mitigation Act

Related: Thailand Internal Security Act

Related: Thailand Royal Pardons

Related: Thailand State of Emergency Act

Related: Thailand Social Security Act

 

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