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Individuals carrying weapons for personal safety can be jailed, warns lawyer

Many Malaysians think that having in their possession or carrying weapons such as small knives or sticks for security purposes is common, without realising that it can lead to imprisonment.

Lawyer Faizal Rahman told Bernama that any individual who possess weapons even if it was just a small knife without valid reasons and reasonable grounds including for self-defence, could be charged under the Corrosive and Explosive Substance and Offences Weapons Act 1958 and on conviction be liable to imprisonment for up to 10 years and whipping.

“Malaysia is not considered as a country with a high crime rate that requires its citizens to carry weapons when leaving their homes. We are unlike other countries that are unsafe and where guns can be used indiscriminately.

“Here, there is easy access to security forces. As such, the carrying of weapons for own safety is unacceptable,” he said commenting on public views questioning the jail term on individuals with weapons in their possession even for self-defence as well as concerns expressed by individuals including gardeners and construction workers who had to bring along knives or machetes for work purposes.

Last August, a car wash worker was sentenced to five years jail and a stroke of the cane by the Kuala Lumpur Sessions Court here after pleading guilty to possessing a 25-inch meat cleaver without permission.

Faizal said the Act was necessary to prevent armed crime cases including house break-ins, robbery, extortion and triad activities.

”However, enforcement actions or arrest should be made meticulous so that the innocent are not persecuted," he added.

Meanwhile, a deputy public prosecutor in the Attorney-General's Chambers said many assumed that the police and the prosecution acted arbitrarily by arresting individuals with knives or other weapons.

”The prosecution does not arbitrarily prosecute those with knives or any weapons if there is a reasonable explanation. For example, a man was arrested at 3am with a Rambo knife or a machete in front of Dataran Maybank.

”During the arrest, the man claimed the weapon was meant to be used at his orchard in Rawang. The question is, what was the man doing at Dataran Maybank with the knife or machete at 3am while he was supposed to be in Rawang,"

She said individuals who owned scheduled weapons such as knives, machetes, swords, spears, knuckle dusters, small axes and so on without good purpose could be charged under the Act.

”Carry weapons with a purpose. If you want to go to an orchard today, put the weapon into the car today to avoid suspicion by the authorities,” she added.

- Bernama

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