ARMS AND AMMUNITION: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Arms and Ammunition Regulations

ARMS AND AMMUNITION REGULATIONS

(under section 30)

(31st December, 1981)

ARRANGEMENT OF REGULATIONS

   REGULATION

PART I
Preliminary

   1.   Citation

   2.   Appointment of licensing officers

   3.   Quota for importation of arms and ammunition

   4.   Guide lines for consideration of application by Board

   5.   Duty of officer in charge of Central Arms Registry

PART II
Permit to Acquire or Export Arms and Ammunition

   6.   Application for permit to acquire arms and ammunition

   7.   Issue of permit

   8.   Temporary permit

   9.   Export permit

PART III
Registration of Arms and Ammunition

   10.   Registration of arms and ammunition

   11.   Issue of registration certificate

   12.   Additional conditions relating to issue of registration certificate

   13.   Revocation of registration certificate

PART IV
Licensing and Registration of Arms Dealers

   14.   Application for arms dealer's licence

   15.   Issue of arms dealer's licence

   16.   Wholesale or retail arms dealer

   17.   Register of arms dealers

   18.   Registers of transactions in arms and ammunition

PART V
Arms Licences

   19.   Application for arms licence

   20.   Issue of arms licence

   21.   Exemption from holding arms licence

   22.   Certificate of exemption

PART VI
General

   23.   Licence to reload ammunition

   24.   Arms and ammunition forfeited to State

      First Schedule - Forms

      Second Schedule - Fees

S.I. 90, 1981,
S.I. 13, 1991.

PART I
Preliminary
(regs 1-5)

1.   Citation

   These Regulations may be cited as the Arms and Ammunition Regulations.

2.   Appointment of licensing officers

   The Commissioner shall, by notice published in the Gazette, appoint licensing officers for the purposes of the Act.

3.   Quota for importation of arms and ammunition

   The Minister shall, at the beginning of each year, determine the quota of arms and ammunition which may be imported into Botswana.

4.   Guide lines for consideration of application by Board

   In dealing with applications for permits to acquire arms the Board-

   (a)   shall in the case of an individual, give preference to an applicant who is not a registered owner of the type of arms applied for and who requires them for his personal use for the purpose of hunting, protecting his stock, farming enterprise or other similar undertaking; or

   (b)   may in the case of a wholesale or retail arms dealer, deal with the application in such a manner as to ensure an equitable distribution of arms and ammunition for sale throughout Botswana.

5.   Duty of officer in charge of Central Arms Registry

   On receipt of an application for a permit to acquire arms forwarded to him in accordance with the provisions of regulation 6 the officer in charge of the Central Arms Registry shall submit the application, together with the recommendation of the licensing officer, to the Board.

PART II
Permit to Acquire or Export Arms and Ammunition
(regs 6-9)

6.   Application for permit to acquire arms and ammunition

   (1) An application for a permit to acquire or import arms or ammunition may be made by a registered wholesale or a retail arms dealer for the purpose of sale or by an individual for his personal use.

   (2) An application under subregulation (1) shall be made by the applicant in person, on Form 1 set out in the First Schedule in respect of arms and on Form 2 set out in the First Schedule in respect of ammunition to a licensing officer of the district in which the applicant carries on business or normally resides:

   Provided that where the applicant is a company or a partnership the application shall be made by the secretary of the company or a partner in the firm of the partnership.

   (3) On receipt of an application to acquire or import arms under this regulation a licensing officer shall, as soon as practicable, forward the application together with his recommendation thereon, to the Central Arms Registry:

   Provided that, where the applicant is an individual, a licensing officer shall not recommend the issue of a permit unless he has personally interviewed the applicant and is satisfied that-

   (i)   the applicant-

      (a)   has good reason for acquiring or importing the arms;

      (b)   is of sound mind, temperate habits and of good character without any serious criminal conviction, and would use the arms applied for without danger to the public safety or peace; and

      (c)   is not less than 18 years of age; and

   (ii)   the issue of a permit would not be contrary to the provisions of the Act or of these Regulations.

   (4) In respect of an application by an individual for a permit to import ammunition only, a licensing officer may require the production of the arms for which the ammunition is required together with the registration certificate relating thereto and shall issue the permit in Form 3 set out in the First Schedule if he is satisfied that-

   (a)   the applicant is in possession of an arms licence for the arms in question;

   (b)   the arms in respect of which the application is made are in good working order;

   (c)   the ammunition to be imported is of the type and calibre specified in the registration certificate; and

   (d)   the issue of a permit would not contravene any limitation placed on the applicant's right to hold ammunition in terms of his registration certificate or of these Regulations.

   (5) Where an applicant for a permit to acquire arms or ammunition is a dealer in arms, the licensing officer shall not recommend the issue of a permit unless he is satisfied that, in respect of any item applied for, the balance held in stock by the applicant is not excessive.

7.   Issue of permit

   (1) A permit, in Form 4 set out in the First Schedule, applied for under regulation 6 may be issued by the Board, subject to the provisions of subregulation (2), through the Central Arms Registry and the licensing officer to whom the application was made.

   (2) Where the Board approves the issue of a permit to a person who is not a citizen of Botswana, it shall specify that the arms for which the permit is issued shall not be disposed of within Botswana and the registration certificate issued in connection therewith shall be endorsed accordingly.

   (3) A permit shall-

   (a)   not be transferable;

   (b)   be valid for 12 months from the date of issue; and

   (c)   be surrendered to a licensing officer immediately following the acquisition of the arms and ammunition to which it relates.

8.   Temporary permit

   (1) An application for a temporary permit under section 7 of the Act shall be made-

   (a)   in the case of a person who is a citizen or a resident of Botswana, to the licensing officer in the district in which the applicant carries on business or normally resides, on Form 5 set out in the First Schedule and on payment of the fee set out in the Second Schedule; and

   (b)   in the case of a person who is not a citizen or a resident of Botswana, to the Commissioner on Form 6 set out in the First Schedule and on payment of the fee set out in the Second Schedule.

   (2) A permit in Form 7 set out in the First Schedule may be issued to a person who is a citizen or a resident of Botswana for the purpose of possessing arms and ammunition therefor as specified in the permit:

   Provided that a permit under this regulation shall not be granted to any person in respect of any arms or ammunition unless the licensing officer is satisfied that such person would, on application, be granted arms licence in respect of the arms or ammunition.

   (3) A permit issued under subregulation (2) shall be valid for up to 12 months.

   (4) A temporary permit, in Form 8 set out in the First Schedule, issued under this regulation shall be-

   (a)   restricted to a person who is not a citizen or a resident of Botswana and who, in the opinion of the Commissioner, has valid reason for being in possession of arms or ammunition to which the application relates;

   (b)   valid for a period not exceeding 30 days and, before the expiration thereof, subject to the removal from Botswana of the arms and ammunition to which the permit relates; and

   (c)   subject to any other condition the Commissioner may, in a particular case, determine.

   (5) The holder of a temporary permit under this regulation shall not be required-

   (a)   to register or license, in terms of the Act or of these Regulations, the arms or ammunition to which the permit relates; or

   (b)   in the case of a person who is not a citizen or resident of Botswana, to hold an export permit to remove the arms or ammunition from Botswana.

9.   Export permit

   (1) An application for an export permit under section 8 of the Act shall be made, on Form 9 set out in the First Schedule to a licensing officer in the district in which the applicant carries on business or normally resides.

   (2) An export permit applied for under subregulation (1) shall be issued, in Form 10 set out in the First Schedule, by the licensing officer in the district in which the applicant carries on business or normally resides and shall be valid for six months from the date of issue.

PART III
Registration of Arms and Ammunition
(regs 10-13)

10.   Registration of arms and ammunition

   (1) Where any person other than a dealer in arms acquires any arms in accordance with a permit issued in accordance with the provisions of these Regulations he shall, within 30 days of acquiring the arms, apply, in Form 11 set out in the First Schedule and on payment of the fee set out in the Second Schedule to the licensing officer of the district in which he carries on business or normally resides for the issue of a registration certificate under section 7 of the Act.

   (2) On receipt of an application under subregulation (1) a licensing officer shall forward the application, together with his recommendation thereon, to the Central Arms Registry for registration.

   (3) The licensing officer may, before forwarding the application to the Central Arms Registry, require the applicant to produce for inspection, the arms in respect of which the application has been made.

11.   Issue of registration certificate

   A registration certificate applied for under regulation 10 shall be issued, in Form 12 set out in the First Schedule, by the officer in charge of the Central Arms Registry through the licensing officer to whom the application was made.

12.   Additional conditions relating to issue of registration certificate

   Any person to whom a registration certificate has been issued under regulation 11 shall not-

   (a)   transfer possession of the certificate;

   (b)   wilfully destroy, deface or alter the certificate;

   (c)   where he ceases to be the owner of the arms to which it relates or ceases to be subject to the provisions of the Act or of these Regulations, fail to ensure the return of the certificate to a licensing officer;

   (d)   acquire or have in his possession ammunition in excess of the limit specified in the certificate;

   (e)   permit any person to use or have possession of the arms or ammunition referred to in the certificate except in accordance with the provisions of the Act or of these Regulations;

      or

   (f)   fail to report to a licensing officer the loss or destruction of the certificate.

13.   Revocation of registration certificate

   (1) Where a licensing officer is satisfied that the holder of a registration certificate is not complying with any condition therein stated he may request the holder to surrender the certificate and seize the arms related thereto.

   (2) A licensing officer who takes action under subregulation (1) shall forthwith in writing report the facts of the matter, through the Central Arms Registry, to the Commissioner, who on the authority of the Minister, may cancel the registration certificate in question and dispose of the arms related thereto in such manner as the Minister may determine.

PART IV
Licensing and Registration of Arms Dealers
(regs 14-18)

14.   Application for arms dealer's licence

   (1) An application for an arms dealer's licence under section 14 of the Act shall be made to the Commissioner in Form 13 set out in the First Schedule and on payment of the fee set out in the Second Schedule.

   (2) An arms dealer's licence may be issued to-

   (a)   an owner or his agent of a business undertaking established or to be established solely for the purpose of dealing in arms and ammunition; or

   (b)   a person or his agent who is the owner of a general business undertaking.

   (3) A licence shall not be issued under this regulation unless the application relates to specified fixed premises and the Commissioner is satisfied that-

   (a)   the issue of a licence would be in the public interest generally;

   (b)   the applicant-

      (i)   is a citizen or resident of Botswana;

      (ii)   is a fit and proper person to carry on the business of an arms dealer and is at least 21 years of age;

      (iii)   has no serious criminal conviction and has not been convicted of an offence involving violence or against the public order or peace;

   (c)   the premises to which the application for a licence relates-

      (i)   are suitable for the purpose of dealing in arms and ammunition and comply with the town planning scheme; and

      (ii)   provides adequate security for stock-in-trade; and

   (d)   the carrying on of the business would not be a danger or a nuisance to persons resident thereto or to surrounding property or to the public generally.

15.   Issue of arms dealer's licence

   (1) Subject to the recommendation of the Commissioner, the Minister may authorize the issue, in Form 14 set out in the First Schedule, of an arms dealer's licence, and the Commissioner shall issue the licence.

   (2) A licence issued under this regulation shall-

   (a)   be valid for a period of three years from the date of issue;

   (b)   not be valid for more than one place of business;

and shall permit the person named therein to carry on the business of a dealer in arms at the premises specified therein.

   (3) On or before the date of expiry of arms dealer's licence the holder thereof may apply to the Commissioner for a renewal of his licence and, subject to the provisions of the Act and of these Regulations, the renewal shall be effected.

   (4) Where a person to whom a licence has been issued under this regulation fails to apply for a renewal thereof within 30 days of the date of its expiry, the Commissioner shall cause to be removed from the register of dealers the name of that person.

   (5) Where the Commissioner causes the name of a dealer in arms to be removed from the register he shall, by notice in writing, require the dealer to dispose of his stock-in-trade within 21 days from the date of the notice:

   Provided that-

   (i)   where an appeal is brought against the removal, this subregulation shall not apply unless the appeal is abandoned or dismissed and, in such case, this subregulation shall have effect from the date the appeal was abandoned or dismissed;

   (ii)   for the purpose of disposing of his stock in hand, a dealer shall be deemed to be registered until the expiration of the 21 days referred to in this subregulation.

   (6) A dealer whose name has been removed from the register and whose appeal against such removal is unsuccessful shall not, unless the Minister otherwise determines, again be issued with arms dealer's licence.

16.   Wholesale or retail arms dealer

   (1) The issue of an arms dealer's licence in terms of these Regulations shall be for the purpose of wholesale or retail trade.

   (2) The number of arms dealer's licences issued shall be equitable with the likely volume of trade in any particular district.

17.   Register of arms dealers

   (1) A register of arms dealers shall be kept at the Central Arms Registry, in accordance with section 16 of the Act, and the Commissioner shall cause to be entered therein the name of any person who, in accordance with the provisions of these Regulations, has been issued with an arms dealer's licence.

   (2) The Commissioner shall cause the name of any person to be removed from the register-

   (a)   at the request of that person;

   (b)   if, after giving reasonable notice in writing to a person to show otherwise, he is satisfied that that person is no longer carrying on business as an arms dealer at the registered place of business; or

   (c)   where he has reasonable cause to believe that that person cannot be permitted to continue to carry on business as a dealer in arms without danger to the public safety or peace or for any other reasonable cause.

18.   Registers of transactions in arms and ammunition

   The registers required to be kept by arms dealers in accordance with section 18 of the Act shall be-

   (a)   in the case of arms, in Form 15 set out in the First Schedule; and

   (b)   in the case of ammunition, in Form 16 set out in the First Schedule.

PART V
Arms Licences
(regs 19-22)

19.   Application for arms licence

   An application for the issue of an arms licence under section 9 of the Act shall be made by the applicant in Form 17 set out in the First Schedule and on payment of the fee set out in the Second Schedule to a licensing officer of the district in which the applicant carries on business or normally resides, and, at the same time he shall, if requested by the licensing officer, produce to him the arms to be licensed together with the registration certificate relating thereto.

20.   Issue of arms licence

   (1) An arms licence applied for under regulation 19 shall be issued, in Form 18 set out in the First Schedule, by the licensing officer unless he has reason to believe that the applicant-

   (a)   is prohibited by the Act or these Regulations from possessing arms; or

   (b)   cannot be permitted to possess arms without danger to the public safety or peace.

   (2) A licensing officer who refuses an application under subregulation (1) shall, in writing, give reasons therefor to the applicant and shall forthwith report the facts of the matter to the Commissioner who, on the authority of the Minister, may cancel the application and dispose of the arms related thereto in such manner as the Minister may determine.

   (3) A licence issued under this regulation shall be valid up to 31st December of the fifth year after the year of issue.

21.   Exemption from holding arms licence

   (1) Any person carrying on business as a dealer in arms or agent or servant of that person may, without holding an arms licence, acquire or have in his possession arms or ammunition in the ordinary course of that business.

   (2) Any person may, without himself holding an arms licence, have in his possession arms or ammunition belonging to a holder of arms licence-

   (a)   if he is a bona fide employee of the holder of an arms licence and is in possession of the arms or ammunition under the instructions of the holder of the arms licence;

   (b)   if he is a member of the family of the holder of an arms licence and is residing with him or is a bona fide household guest of the holder of the arms licence;

   (c)   if he is a member of a rifle club approved by the Commissioner for the purpose of target practice or drill organized by the club; or

   (d)   if he is a bona fide client of the holder of the arms licence and that person is a professional hunter licensed in terms of the Wildlife Conservation and National Parks Act.

   (3) Notwithstanding the preceding provisions of this regulation, a person may have in his possession such number of arms or rounds of ammunition as may be approved by the Minister, if he is a person carrying on the business of an approved armourer or a servant of such person.

   (4) For the purposes of subregulation (3), an "approved armourer" means a person who with the approval of the Minister carries on the business of repairing, testing or proving arms.

22.   Certificate of exemption

   An application may be made by the owner of arms which by reason of age or wear and tear are incapable of being fired without substantial repairs being made thereto, to a licensing officer of the district in which the applicant normally resides on Form 19 set out in the First Schedule for the issue of a certificate of exemption which shall be in Form 20 set out in the First Schedule.

PART VI
General
(regs 23-24)

23.   Licence to reload ammunition

   The Commissioner may-

   (a)   on payment of the fee set out in the Second Schedule, authorize the issue to any person of a reloading licence, in Form 21 set out in the First Schedule, and may determine the duration of the licence; and

   (b)   at any time, by notice in writing, cancel a reloading licence.

24.   Arms and ammunition forfeited to State

   Where arms or ammunition declared forfeit to the State is authorized to be sold, the sale shall-

   (a)   in the case of a purchaser of any such arms being a citizen or a resident of Botswana, be subject to his holding a permit to acquire those arms;

   (b)   in the case of a purchaser of any such ammunition being a citizen or a resident of Botswana, be subject to his having in his possession an arms registration certificate and the ammunition is of the type and calibre specified in the registration certificate; or

   (c)   in the case of a purchaser who is not a citizen or a resident of Botswana, be subject to his holding an export permit.

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