Firearms Act, Cap 110

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CHAPTER 110 THE FIREARMS ACTCHAPTER 110

THE FIREARMS ACT

 

 

ARRANGEMENT OF SECTIONS

 

 

PART I PRELIMINARYPART I

PRELIMINARY

 

 

Section

  1.          Short title

  2.          Interpretation

  3.          Application

  4.          Establishment of Central Firearms Registry

  5.          Licensing authorities

 

 

PART II IMPORT AND EXPORT OF FIREARMS AND AMMUNITIONPART II

IMPORT AND EXPORT OF FIREARMS AND AMMUNITION

 

 

  6.          Import of firearms and ammunition

  6A.       Import of firearms or ammunition by public officers.

  6B.       Import of firearms or ammunition by foreign diplomats

  7.          Deposit in warehouse of firearms or ammunition imported for sale

  8.          Registration of imported firearms and ammunition

  9.          Restriction on export of firearms and ammunition

 

 

PART III FIREARM LICENCESPART III

FIREARM LICENCES

 

 

10.          Prohibition against purchase, etc., of firearms or ammunition without licence

11.          Exemptions from holding firearm licence

12.          Firearm certificate

13.          Firearm licence

14.          Period of validity and renewal of firearm licence

15.          Variation and revocation of firearm licence

16.          Antique firearms

17.          Associations

18.          Young persons

19.          Servants of the Republic

Section

20.          Production of licence

21.          Production of firearms

22.          Change of residence of holder of firearm licence

23.          Death of holder of firearm licence

 

 

PART IV SALE AND TRANSFER OF FIREARMS AND AMMUNITION FIREARMS DEALERS AND PRIVATE WAREHOUSESPART IV

SALE AND TRANSFER OF FIREARMS AND AMMUNITION:
FIREARMS DEALERS AND PRIVATE WAREHOUSES

 

 

24.          Private warehouses

25.          Restrictions on sale or transfer of firearms

26.          Registration of firearms dealers

27.          Registration of places of business of firearms dealers

28.          Consequences of removal of place of business from register

29.          Production of firearms dealer's licence

30.          Form and duration of firearms dealer's licence

31.          Prescribed fees

32.          Register of transactions in firearms and ammunition

33.          Powers of court on conviction of firearms dealer

 

 

PART V MANUFACTURE, REPAIR AND CONVERSION OF FIREARMS AND AMMUNITIONPART V

MANUFACTURE, REPAIR AND CONVERSION OF
FIREARMS AND AMMUNITION

 

 

34.          Restriction on manufacture of firearms and ammunition

35.          Repair, etc., of firearms and ammunition

36.          Restriction on conversion of firearms

 

 

PART VI MISCELLANEOUSPART VI

MISCELLANEOUS

 

 

37.          Prohibited articles

38.          Safe custody of firearms and ammunition

39.          Notice of loss of firearm

40.          Failure to take precautions against injury or damage

41.          Firearms Code

42.          Loan of firearms

43.          Prohibition of pawning of firearms

Section

44.          Deposit of firearms for safe custody

45.          Power to prohibit carrying, etc., of firearms

46.          Power to take possession of stocks of firearms and ammunition

47.          Carrying firearms when drunk, etc.

48.          Possessing firearms with intent to injure

49.          Penalty for use and possession of firearms in certain cases

 

 

PART VII GENERALPART VII

GENERAL

 

 

50.          Powers of search

51.          Powers of search without warrant

52.          Obstruction, etc., of officers

53.          Taking possession of firearms or ammunition by customs officer

54.          Penalties, forfeiture and revocation of licence

55.          Aiding and abetting, etc.

56.          Disposal of unclaimed firearms and ammunition

57.          Service of notices

58.          Regulations

59.          Exercise of discretion

60.          Rectification of register following appeal

61.          Repeal and saving

 

 

FIRST SCHEDULE-Prescribed fees

 

 

SECOND SCHEDULE-Offences to which section 49 applies

 

 

 

CHAPTER 110

 

 

FIREARMS

45 of 1969
11 of 1970
4 of 1974
29 of 1985
16 of1986
13 of1994

 

An Act to make new provision for regulating licenses and certificates and for the control of the import, export, movement, storage, possession, sale, manufacture and repair of firearms and ammunition; and to make provision for matters connected with or incidental to the foregoing.

[All sections except section 13 (3) (b)-1st January, 1970]

[Section 13 (3) (b)-1st October, 1970]

 

 

PART I PRELIMINARYPART I

PRELIMINARY

 

 

1.    This Act may be cited as the Firearms Act.

Short title

 

2.    In this Act, unless the context otherwise requires-

Interpretation

 

"acquire" means hire, accept as a gift or borrow, and "acquisition" shall be construed accordingly;

 

 

"air gun" means any weapon, whether of smooth or rifled bore, from which a missile can be projected by means of compressed air or other gas;

 

 

"ammunition" means-

 

 

(a)        ammunition for any firearm, including explosives, cartridges, balls, caps, and any other material for loading into or discharging from a firearm;

 

 

(b)        any material or thing containing or producing, or adapted to contain or produce, any noxious gas, liquid or other thing for the purpose of being discharged from a firearm;

 

 

(c)        grenades, bombs and other similar missiles, whether or not capable of use with a firearm;

but does not include ammunition for air guns or blank cartridges;

 

 

"approved club" means a club approved by the Minister in terms of any regulations for the time being in force relating to shooting clubs;

 

 

"approved safari company" means a safari company approved by the Minister in terms of regulations made under this Act;

 

 

"authorised officer", in relation to any provision of this Act, means a person authorised by regulations made under this Act to exercise the powers or perform the duties conferred or imposed by such provision;

 

 

"carrier" includes a carrier's agent;

 

 

"central firearms store" means a building designated as such by the Minister by statutory instrument;

 

 

"certificate of competency" means a certificate in the prescribed form signed by a prescribed officer, that the person named therein is competent to use the type of firearm therein described;

 

 

"club" means a rifle club, small bore rifle club, pistol club, shotgun club or clay pigeon club, or a combination of two or more of the foregoing;

 

 

"Division" means an area designated as a Division by the Inspector-General

 

 

"Divisional Commander" means a superior police officer appointed by the Inspector-General to be in charge of a Division or, if no such officer has been appointed in relation to any Division, the Inspector-General;

 

 

"firearm" means-

 

 

(a)        any lethal barrelled weapon of any description from which any shot, bullet, bolt or other missile can be discharged or which can be adapted for the discharge of any such shot, bullet, bolt or other missile;

 

 

(b)        any weapon of any description designed or adapted for the discharge of any noxious liquid, gas or other thing;

 

 

(c)        any barrel or any frame or body to which a barrel may be attached, incorporating a mechanism designed to cause controlled detonation or discharge of any shot, bullet, bolt or other missile and any accessory to any such weapon designed or adapted to diminish the noise or flash caused by firing such weapon;

 

 

            but does not include an air gun which is not of a type declared by regulations made under this Act to be specially dangerous or any apparatus designed specially for the discharge of insecticides, fungicides, industrial or fire-fighting chemicals or for medical or surgical use;

 

 

"firearm certificate" means a certificate granted under the provisions of section twelve;

 

 

"Firearms Code" means the code issued in terms of section forty-one;

 

 

"firearms dealer" means a person who, by way of trade or business, buys, sells, transfers, repairs, tests or proves firearms or ammunition;

 

 

"firearms dealer's licence" means a licence issued under section twenty-seven;

 

 

"firearm licence" means a licence issued under section thirteen;

 

 

"holder", in relation to any licence, permit or other authorisation, includes the person to whom the same was issued;

 

 

"Inspector-General" means the Inspector-General of Police;

 

 

"licence" means a licence in force at the time in question, and references to a certificate, permit or other authorisation shall be similarly construed;

 

 

"licensing authority" means an authority specified in or under section five;

 

 

"officer in charge of police" means the officer, not below the rank of Sub-Inspector, appointed by the Inspector-General to be in charge of any police station and, save for the purposes of section twelve, includes, when the officer in charge of the police station is absent from the police station or unable, from illness or other cause, to perform his duties, the police officer present at the police station who is next in rank to such officer;

 

 

"premises" include any land;

 

 

"private warehouse" means a warehouse for firearms and ammunition kept by the holder of a firearm dealer's licence in respect thereof;

 

 

"police station" means any place appointed by the Inspector-General to be a police station;

 

 

"port" has the meaning assigned to it in section two of the Customs and Excise Act;

Cap. 322

 

"prohibited article" means-

 

 

(a)        any firearm which is so designed or adapted that, if pressure is applied to the trigger, missiles continue to be discharged until pressure is removed from the trigger or the magazine containing the missiles is empty;

 

 

(b)        any firearm or ammunition or class of firearm or ammunition declared by the Minister, by statutory instrument, to be a prohibited article for the purposes of this Act;

 

 

"prove", in relation to a firearm, means to test the durability and safety of the barrel, chamber and breech of such firearm to such standards as may from time to time be specified by the Minister, and "proof" shall be construed accordingly;

 

 

"public warehouse" means-

 

 

(a)        a warehouse for firearms and ammunition under the exclusive control of the Government;

 

 

(b)        a warehouse under the Customs and Excise Act;

Cap. 322

 

(c)        a private warehouse;

 

 

            and which is designated as a public warehouse by the Minister by Gazette notice;

 

 

"registered", in relation to a firearms dealer, means registered under the provisions of section twenty-six;

 

 

"Registrar" means the person appointed under the provisions of subsection (2) of section four to have charge of the Registry;

 

 

"Registry" means the Central Firearms Registry established under the provisions of subsection (1) of section four;

 

 

"safari company" means an association of persons whether corporate or unincorporate whose business is or includes the arrangement and conduct of hunting safaris;

 

 

"slaughtering instrument" means a firearm which is specially designed or adapted for the instantaneous slaughter of animals or the instantaneous stunning of animals preparatory to their slaughter;

 

 

"tourist" means a person, not ordinarily resident in Zambia, who is visiting Zambia for a period not exceeding six months solely for holiday purposes or for the purpose of taking part in a shooting competition;

 

 

"transfer" includes let on hire, give, lend and part with possession, and "transferee" and "transferor" shall be construed accordingly.

(As amended by Act No. 29 of 1985)

 

 

3.  (1)  Except as otherwise expressly provided, this Act shall apply to all firearms and ammunition.

Application

 

(2)  The Minister may, by statutory instrument, exempt any particular type or description of firearm or ammunition from all or any of the provisions of this Act for such period as may be prescribed.

 

 

(3)  The provisions of this Act shall be in addition to and not in derogation from any other written law relating to the importation and exportation of firearms and ammunition.

 

 

4.  (1)  There is hereby established a Central Firearms Registry (in this Act referred to as "the Registry") where there shall be recorded such information relating to the provisions of this Act and any statutory instruments made thereunder as the Minister may direct.

Establishment of Central Firearms Registry

 

(2)  The Minister shall appoint a person (in this Act referred to as "the Registrar") to have charge of the Registry.

 

 

5.    The following shall be the licensing authorities for the granting and issuing of firearm licences and firearms dealer's licences for the purposes of this Act:

(a)        in the area of a municipal council or township council as defined in section two of the Cap. 281Local Government Act, such council;

(b)        in any other area, such authority or person as the Minister may prescribe.

(As amended by No. 11 of 1970)

Licensing authorities
 

 

PART II IMPORT AND EXPORT OF FIREARMS AND AMMUNITIONPART II

IMPORT AND EXPORT OF FIREARMS AND AMMUNITION

 

 

6.  (1)  No person shall import firearms or ammunition except under the authority of, and in accordance with the terms and conditions (if any) contained in, a firearms dealer's import permit or a tourist's import permit, as the case may be. Such permits shall be in the prescribed form and shall be issued by the Registrar.

Import of firearms and ammunition

 

(2)  Firearms or ammunition for the purpose of sale shall be imported only under the authority of a firearms dealer's import permit.

 

 

(3)  A tourist's import permit shall be issued only to a tourist who-

 

 

(a)        is booked on a hunting safari with an approved safari company; or

 

 

(b)        is taking part in, or is a member of a team taking part in, a shooting competition in Zambia; or

 

 

(c)        is visiting Zambia in the course of a journey to a destination outside Zambia.

 

 

(4)  Nothing in this section shall apply to the re-import of firearms or ammunition in respect of which a firearm licence is in force.

 

 

(5)  Any person who-

 

 

(a)        imports any firearm or ammunition; or

 

 

(b)        receives or retains any firearm or ammunition knowing or having reason to believe the same to have been imported;

otherwise than in accordance with the provisions of this section shall be guilty of an offence and liable on conviction to a fine not exceeding six thousand two hundred and fifty penalty units or to imprisonment for a term not exceeding ten years, or to both.

(As amended by Act No. 13 of 1994)

 

 

6A.  (1)  The provisions of section six shall not apply to a public officer who imports one firearm and a reasonable amount of ammunition-

Import of firearms or ammunition by public officers

 

(a)        in respect of which he produces a certificate, signed by an officer of or above the rank of permanent secretary in the foreign country, certifying that the same has been received by the public officer as an official gift during an official visit to that foreign country; or

 

 

(b)        which, in the case of a Zambian diplomat returning to Zambia after serving abroad, has been purchased abroad by him;

provided that the same is declared as such to a customs officer at the time of such importation and is surrendered for deposit in accordance with the provisions of section seven.

 

 

(2)  If any firearm or ammunition imported under subsection (1) is of a type normally used for military purposes, the same shall be deemed to be the property of the Republic.

 

 

(3)  A public officer wishing to obtain possession of any firearm or ammunition which he has imported under this section shall, unless the same has become the property of the Republic under subsection (2), cause the same to be registered in accordance with the provisions of section eight and shall apply for a firearm licence in respect thereof in accordance with the other provisions of this Act.

 

 

(4)  Any firearm or ammunition in respect of which the provisions of subsection (3) have been complied with shall be released to the public officer and shall become his property.

 

 

(5)  Any firearm or ammunition imported under this section which has not been released in accordance with subsection (4) shall be deemed to be the property of the Republic.

 

 

(6)  Any person to whom this section applies and who fails to comply with its provisions shall be guilty of an offence.

 

 

(7)  For the purposes of this section, "public officer" includes a member of the National Assembly.

(As amended by Act No. 16 of 1986)

 

 

6B.  (1)  The provisions of section six shall not apply to any diplomatic agent of a foreign government or organisation who is entitled to diplomatic immunity or privileges under the Diplomatic Immunities and Privileges Act if at the time of his first arrival in Zambia he imports any firearm or ammunition provided that the same is declared as such to a customs officer at the time of importation and is surrendered for deposit in accordance with the provisions of section seven.

Import of firearms or ammunitions by foreign diplomats.

 

(2)  The Minister may, by statutory instrument, prescribe-

 

 

(a)        the firearm or ammunition which may be released from deposit for use in Zambia;

 

 

(b)        the procedures for their registration and release from deposit;

 

 

(c)        the conditions applicable to such release from deposit; and

 

 

(d)        the procedures for their re-export.

 

 

(3)  Any firearms or ammunition imported under subsection (1) and not dealt with under subsection (2) shall be dealt with in accordance with subsection (3) of section fifty-three.

(As amended by Act No. 16 of 1986)

 

 

7.  (1)  Any person who imports any firearms or ammunition for the purpose of sale shall forthwith deposit the same in the public warehouse nearest to the place of entry, or in such other public or private warehouse as the Registrar may direct.

Deposit in warehouse of firearms or ammunition imported for sale

 

(2)  Any person who contravenes subsection (1) or who receives or retains any firearms or ammunition knowing or having reason to believe that subsection (1) has been contravened in relation thereto shall be guilty of an offence and liable on conviction to a fine not exceeding seven hundred and fifty penalty units or to imprisonment for a term not exceeding ten years, or to both.

(As amended by Act No. 13 of 1994)

 

 

8.  (1)  All firearms and ammunition imported into Zambia for the purpose of sale shall be registered in the prescribed manner according to any existing numbers or marks on such firearms or parts thereof or on any package of ammunition, and, if so required by an authorised officer, shall be stamped or otherwise marked in the prescribed manner.

Registration of imported firearms and ammunition

 

(2)  Registration under subsection (1) shall be effected as soon as possible after the deposit of the firearms or ammunition in a warehouse in terms of section seven, and shall include a notation that the firearms or ammunition have been imported for the purpose of sale.

 

 

(3)  Any person who imports any firearms or ammunition shall supply such information for the purpose of enabling registration to be effected as may be required by the person responsible for such registration (who shall be such person as may be prescribed), or as may be prescribed.

 

 

(4)  No person other than an authorised officer or a person deputed by such officer in that behalf shall alter, substitute or erase from a firearm or a part thereof any number or mark in accordance with which such firearm or part has been registered.

 

 

(5)  Any person who contravenes any provision of subsection (3) or (4) shall be guilty of an offence.

 

 

9.  (1)  No person shall export firearms or ammunition except under the authority of, and in accordance with the terms and conditions (if any) contained in, a firearms dealer's export permit, a tourist's export permit or a resident's export permit, as the case may be. Such permits shall be in the prescribed form and shall be issued by the Registrar.

Restriction on export of firearms and ammunition

 

(2)  A tourist's export permit shall be issued only to a tourist to whom a tourist's import permit was issued.

 

 

(3)  A resident's export permit may be issued to a person ordinarily resident in Zambia who wishes to remove firearms or ammunition from Zambia either temporarily or permanently.

 

 

(4)  Any person who exports any firearm or ammunition otherwise than in accordance with the provisions of this section shall be guilty of an offence.

 

 

PART III FIREARM LICENSESPART III

FIREARM LICENSES

 

 

10.  (1)  Subject to the provisions of this Act, no person shall purchase, acquire or have in his possession any firearm or ammunition unless he holds a firearm license in respect thereof.

Prohibition against purchase, etc., of firearms or ammunition without licence

 

(2)  If any person-

 

 

(a)        purchases, acquires or has in his possession any firearm or ammunition without holding a firearm license in respect thereof or otherwise than as authorised by such licence, or, in the case of ammunition, in quantities in excess of those so authorised; or

 

 

(b)        fails to comply with any condition subject to which a firearm license is held by him;

he shall, subject to the provisions of this Act, be guilty of an offence and liable on conviction to a fine not exceeding one hundred and twelve thousand five hundred penalty units or to imprisonment for a term not exceeding fifteen years, or to both.

(As amended by Act No. 13of 1994)

 

 

11.  (1)  The following provisions of this section shall have effect notwithstanding anything contained in section ten.

Exemptions from holding firearm licence

 

(2)  A person carrying on the business of a firearms dealer and registered as such, or a servant of such person, may purchase, acquire or have in his possession a firearm or ammunition in the ordinary course of that business without holding a firearm licence.

 

 

(3)  A person carrying on business as an auctioneer or carrier, or a servant of any such person, may have in his possession a firearm or ammunition in the ordinary course of that business without holding a firearm licence.

 

 

(4)  A person carrying a firearm or ammunition belonging to another person who holds a firearm license in respect thereof may have in his possession that firearm or ammunition under instructions from and for the use of that other person for sporting purposes only without himself holding a firearm licence.

 

 

(5)  A member of an approved club or of a cadet corps may have in his possession a firearm or ammunition when engaged as such member in, or in connection with, drill or target practice, without holding a firearm licence.

 

 

(6)  Any person may, without holding a firearm licence, use a firearm not exceeding .22 calibre at any shooting range (whether at an approved club or otherwise) or shooting gallery in the presence of the holder of a firearm licence in respect of such firearm or in the presence of some person otherwise authorised to be in possession of such firearm by virtue of this Act.

 

 

(7)  A person taking part in a theatrical performance or any rehearsal thereof, or in the production of a cinematograph film, may have a firearm in his possession during and for the purposes of such performance, rehearsal or production without holding a firearm licence.

 

 

(8)  A person attending an athletic, swimming or other sporting meeting may have a firearm in his possession during such meeting for the purpose of starting races thereat without holding a firearm licence.

 

 

(9)  A tourist in possession of a valid tourist's import permit may have in his possession the firearms and ammunition specified in such permit without holding a firearm licence.

 

 

(10)  The proprietor or manager of an abattoir may purchase, acquire or have in his possession, and any person employed at an abattoir for the slaughter of animals may have in his possession, a slaughtering instrument or ammunition therefor without holding a firearm licence:

 

 

Provided that the exemption afforded by this section shall apply in the case of a slaughtering instrument which is not of the captive-bolt type only if the person concerned has been granted a certificate of exemption in respect of such instrument in terms of subsection (13).

 

 

(11)  If he has been granted a certificate of exemption in terms of subsection (13) a person may have in his possession, without holding a firearm licence, a bolt-firing instrument designed for constructional or industrial purposes while engaged in the furtherance of such purposes.

 

 

(12)  Any person may, without holding a firearm licence-

 

 

(a)        have in his possession a signalling apparatus or ammunition therefor on board a ship, boat or aircraft or at an airfield or harbour, as part of the equipment of the ship, boat, aircraft, airfield or harbour; and

 

 

(b)        remove a signalling apparatus or ammunition therefor, being part of the equipment of an airfield or harbour, from or to a place appointed for the storage thereof in safe custody at that airfield, and keep any such apparatus or ammunition at such place; and

 

 

(c)        if he has been granted a certificate of exemption in terms of subsection (13), remove a signalling apparatus or ammunition therefor from or to a ship, boat, harbour, aircraft or airfield to or from such place and for such purposes as may be specified in the certificate.

 

 

(13)  An authorised officer may on application being made to him in that behalf issue a certificate of exemption in any of the cases referred to in subsections (10), (11) and (12) (c) and sections sixteen and twenty-five. Such application and certificate shall be in the prescribed form.

 

 

(14)  Any person who, for the purpose of procuring, whether for himself or for any other person, the grant of a certificate of exemption under the provisions of this section, makes any statement which he knows to be false in any particular or does not believe to be true shall be guilty of an offence.

 

 

12.  (1)  An application for the grant of a firearm certificate or a provisional firearm certificate shall be in the prescribed form and shall be made to the officer in charge of police at any police station in the Division in which the applicant resides or, in the case of a company, carries on business.

Firearm certificate

 

(2)  For the purposes of this section, "officer in charge of police" includes, when the officer in charge of the police station is absent from the police station or unable, from illness or other cause, to perform his duties, the police officer of or above the rank of Sub- Inspector present at the police station who is next in rank to such officer.

 

 

(3)  An application under subsection (1) shall be forwarded by the officer in charge of police to the Inspector General who may-

 

 

(a)        issue the certificate; or

 

 

(b)        require the applicant to submit a certificate of competency; or

 

 

(c)        require the applicant to satisfy the officer in charge of police that he has an adequate knowledge of the Firearms Code; or

 

 

(d)        refuse the application without assigning any reason therefor.

 

 

(4)  Without derogating from the generality of subsection (3) (d), an application for a firearm certificate shall be refused if, in relation to the firearm or ammunition in respect of which the application is made-

 

 

(a)        the applicant is not in the opinion of the Inspector General a fit and proper person to be entrusted with the firearm or ammunition; or

 

 

(b)        the applicant is not competent to use the firearm or ammunition; or

 

 

(c)        the applicant has an inadequate knowledge of the Firearms Code; or

 

 

(d)        the firearm or ammunition is in a dangerous condition; or

 

 

(e)        the Inspector General has reason to believe that the firearm or ammunition is required for an unlawful purpose; or

 

 

(f)         the firearm or ammunition is a prohibited article.

 

 

(5)  If the Inspector General refuses an application he shall forthwith report such refusal to the Minister.

 

 

(6)  Any person aggrieved by a refusal to issue a firearm certificate or a provisional firearm certificate may, within fourteen days of the receipt by him of written notification of such refusal, appeal therefrom to the Minister, who shall review the circumstances of the refusal and may either dismiss the appeal without assigning reasons or direct that the certificate shall be issued and, if he so directs, shall specify the conditions, if any, subject to which the certificate shall be granted; and the Inspector General shall comply with any such directions given by the Minister.

 

 

(7)  The decision of the Minister on an appeal in terms of this section shall be final and shall not be questioned in any proceedings.

 

 

(8)  A firearm certificate or a provisional firearm certificate shall be in the prescribed form and shall specify, inter alia-

 

 

(a)        in the case of a firearm certificate, the description and serial number of the firearm to which it relates;

 

 

(b)        in the case of a provisional firearm certificate, a general description of the type and calibre of firearm which the applicant wishes to acquire;

 

 

(c)        as to ammunition, the quantities authorised to be purchased in any one year and the quantities authorised to be held at any one time;

 

 

(d)        the conditions, if any, subject to which the firearm licence thereby authorised to be issued shall be held.

 

 

(9)  Any person who, for the purpose of procuring, whether for himself or for any other person, a firearm certificate or a provisional firearm certificate, makes any statement which he knows to be false in any particular or does not believe to be true, and any person other than an authorised officer who makes any entry or alteration, or in any way wilfully marks or defaces any entry, in a firearm certificate or a provisional firearm certificate, shall be guilty of an offence.

(As amended by Act No. 29 of 1985)

 

 

13.  (1)  An application for the issue of a firearm licence or a duplicate firearm licence shall be made to the licensing authority of the area in which the applicant resides.

Firearm licence

 

(2)  A licensing authority shall not issue a firearm licence unless-

 

 

(a)        the applicant produces a firearm certificate authorising the issue of a firearm licence in respect of the firearm or ammunition to which the firearm certificate relates; and

 

 

(b)        the applicant, if so requested by the licensing authority, produces the firearm or ammunition to which the firearm certificate relates; and

 

 

(c)        the prescribed fee is paid.

 

 

(3)  A firearm licence shall be in the prescribed form and shall-

 

 

(a)        state the description and serial number of the firearm to which it relates;

 

 

(b)        contain a separate section relating to ammunition, in which shall be stated the quantities authorised to be purchased in any one year and the quantities authorised to be held at any one time, and in which shall be recorded by the vendor or supplier any sale or supply of ammunition;

 

 

(c)        state the conditions, if any, subject to which the licence is held.

 

 

(4)  If a firearm licence is lost or destroyed the holder thereof shall forthwith report such loss or destruction to the officer in charge of police at the nearest police station.

 

 

(5)  Where a licensing authority is satisfied that a firearm licence has been accidentally lost or destroyed it shall, upon payment of the prescribed fee, issue a duplicate thereof which shall state-

 

 

(a)        that it is issued in replacement of a lost or destroyed licence, as the case may be; and

 

 

(b)        the serial number of the original licence.

 

 

(6)  If a lost firearm licence is subsequently found and the holder thereof becomes aware that it has been found, he shall forthwith report such finding to the officer in charge of police at the nearest police station.

 

 

(7)  If a lost licence which is subsequently found comes into the possession of the holder, he shall forthwith hand such licence to the officer in charge of police at the nearest police station and, if he has obtained a duplicate licence, surrender whichever licence he may be required by such officer to surrender.

 

 

(8)  Where the holder of a firearm licence makes application for a firearm licence in respect of a further firearm or firearms the licensing authority shall, subject to the provisions of subsection (2), vary the firearm licence already held by the applicant by entering thereon in respect of the further firearm or firearms the information specified in subsection (3):

 

 

Provided that in any case where-

 

 

(i)         a person who holds a firearm licence in his personal capacity makes application in a representative capacity for a firearm licence; or

 

 

(ii)        a person who holds a firearm licence in a representative capacity makes application in his personal capacity for a firearm licence;

the licensing authority shall issue a separate licence.

 

 

(9)  Any person who contravenes subsection (4), (6) or (7) shall be guilty of an offence.

 

 

(10)  Any person who, for the purpose of procuring, whether for himself or for any other person, a firearm licence or a duplicate firearm licence, makes any statement which he knows to be false in any particular or does not believe to be true, and any person other than an authorised officer who makes any entry or alteration or endorsement, or in any way wilfully marks or defaces any entry or endorsement, in or on a firearm licence, shall be guilty of an offence.

 

 

14.  (1)  A firearm licence shall, unles previously revoked or cancelled, continue in force for three years from the date when it was issued or last renewed and shall, subject to the provisions of this section, be renewable for a further period of three years and so on from time to time.

Period of validity and renewal of firearm licence

 

(2)  Application for the renewal of a firearm licence shall be in the prescribed form and shall be made by the holder thereof to the officer in charge of police at any police station in the Division in which the holder resides or, in the case of a company, carries on business. Such application shall be made within three months before the date of expiry of the licence, and at the time of application the holder shall produce for the inspection of such officer all the firearms to which the licence relates and all ammunition then in his possession:

 

 

Provided that where any firearms and ammunition have been deposited in a warehouse during the absence from Zambia of the holder of the licence relating thereto and such licence expires during such absence, it shall be lawful for the holder to apply within one month of his return to Zambia for the renewal of such licence.

 

 

(3)  Upon application being made to him for the renewal of a firearm licence an officer in charge of police shall satisfy himself that-

 

 

(a)        the person presenting the licence for renewal is the authorised holder thereof;

 

 

(b)        the firearms produced to him are those to which the licence relates;

 

 

(c)        the holder of the licence is still a fit and proper person to be entrusted with the firearms in question and that the purposes for which such firearms are required are still lawful;

 

 

(d)        the firearms are not in a dangerous condition;

and if he is so satisfied he shall endorse on the firearm licence that the firearms to which it relates have been produced to him and that such licence may be renewed.

 

 

(4)  If on an application being made to him as aforesaid the officer in charge of police is not satisfied with regard to any of the matters referred to in subsection (3) he shall refuse to make the endorsement mentioned in the said subsection either in respect of the licence as a whole or, if the matters in regard to which he is not satisfied relate to certain only of the firearms entered in the licence, in respect of such firearms. Subsections (5), (6) and (7) of section twelve shall apply mutatis mutandis to such a refusal.

 

 

(5)  Any firearm in respect of which an officer in charge of police has refused to make an endorsement of a firearm licence in terms of the provisions of this section shall forthwith on such refusal be deposited by the holder of the licence in a public warehouse.

 

 

(6)  Where the holder of a firearm licence does not desire to renew such licence he shall, before the expiry of the licence, deposit in a public warehouse the firearms and ammunition to which the licence relates, unless he has previously lawfully disposed of them.

 

 

(7)  The licensing authority of the area in which the holder of a firearm licence resides shall, upon production of such licence duly endorsed in terms of subsection (3) and upon payment of the prescribed fee, renew the licence in the manner prescribed.

 

 

(8)  Any person who contravenes any of the provisions of subsection (5) or (6) shall be guilty of an offence.

 

 

15.  (1)  The Inspector General may at any time either at the request of the holder of a firearm licence or of his own motion-

Variation and revocation of firearm licence

 

(a)        vary the conditions subject to which the firearm licence is held; or

 

 

(b)        cancel the entry in the firearm licence relating to any firearm or ammunition; or

 

 

(c)        revoke the firearm licence.

 

 

(2)  Where the Inspector General exercises any of the powers conferred on him by subsection (1) otherwise than at the request of the holder of the firearm licence in question he shall-

 

 

(a)        forthwith report such exercise to the Minister; and

 

 

(b)        by written notice inform such holder of such variation, cancellation or revocation, as the case may be;

and subsections (5), (6) and (7) of section twelve shall apply mutatis mutandis.

 

 

(3)  The notice referred to in subsection (2) (b) shall require the holder of the firearm licence to produce such licence to a specified officer in charge of police within fourteen days of the date of receipt of such notice:

 

 

Provided that if the holder of the firearm licence appeals to the Minister in terms of subsection (2) this subsection shall be read as if for the reference to the date of receipt of the notice there were substituted a reference to the date on which the Minister's decision in the appeal is given or (if such be the case) the date on which the appeal is abandoned.

 

 

(4)  The holder of a firearm licence who has been notified in terms of subsection (2) of the revocation thereof or the cancellation of an entry therein by virtue of the powers conferred by subsection (1) shall within forty-eight hours after the receipt of such notice deposit the firearms or ammunition in question in a public warehouse, unless he has previously lawfully disposed of the same.

 

 

(5)  Any person who fails to comply with the requirements of a notice served on him in terms of subsections (2) and (3) or who contravenes the provisions of subsection (4) shall be guilty of an offence.

(As amended by Act No. 29 of 1985)

 

 

16.  (1)  A Divisional Commander may, upon the production to him of an antique firearm, issue to the owner thereof a certificate of exemption in the prescribed form:

Antique firearms

 

Provided that such Divisional Commander may, before issuing such certificate of exemption and if in his opinion the nature of the firearm makes it desirable, require that such firearm is rendered permanently incapable of being brought into use as a firearm.

 

 

(2)  Where the owner of an antique firearm refuses to comply with the requirement made under the proviso to subsection (1) he shall, unless he has obtained a firearm licence in respect thereof or has lawfully disposed thereof, within one month after the date of such requirement deposit the firearm in a public warehouse specified by the Divisional Commander.

 

 

(3)  Nothing in this Act relating to firearms shall apply to a firearm-

 

 

(a)        in respect of which a certificate of exemption has been issued in terms of subsection (1) and which is purchased, acquired or possessed as an antique, curiosity or ornament;

 

 

(b)        which belongs to or is kept in a museum and in respect of which the Minister has given a certificate that he is satisfied that proper and adequate precautions have been taken for preventing the firearm from coming into the possession of any person not lawfully entitled under this Act to possess that firearm.

 

 

17.  (1)  In this section, "association" means any company, firm, club, society, body or other association of persons whether corporate or unincorporate.

Associations

 

(2)  Where firearms or ammunition are owned, or are to be owned, by an association all applications for firearm certificates or firearm licences or the renewal or replacement thereof or for certificates of exemption shall be made by, and any such licence or certificate shall be granted or issued to, a named person in his capacity as a duly authorised official or representative, as the case may be, of the association, and such person shall be responsible under this Act as the holder of such licence or certificate and the owner of the firearm or ammunition specified therein.

 

 

(3)  Where a licence or certificate has been granted to a person in terms of subsection (2) and such person ceases to be a member or employee, as the case may be, of the association in question, it shall be the duty of such association within fourteen days of such person ceasing to be a member or employee as aforesaid so to inform an officer in charge of police and at the same time to make application for such licence or certificate to be varied by the substitution of another duly authorised official or representative, failing which such licence or certificate shall on the expiration of the said period of fourteen days expire.

 

 

(4)  Subject to the provisions of section eleven, where a firearm licence or a certificate of exemption has been issued in terms of this section the firearm to which it relates may be possessed, carried or used by a person other than the person in whose name such licence or certificate was issued only if such other person is a member or employee of the association in question and has been authorised by an authorised officer to possess, carry or use such firearm.

 

 

(5)  An authority given under subsection (4) shall be in such form, and may be made subject to such conditions, as may be prescribed.

 

 

18.  (1)  Except as provided by this section, a person who has not attained the age of twenty-one years shall not purchase, acquire or have in his possession any firearm or ammunition, and no person shall sell, let on hire or give any firearm or ammunition to a person whom he knows or has grounds for believing to be under the age of twenty-one years.

Young persons

 

(2)  A person who has attained the age of eighteen years may purchase, acquire or have in his possession an air gun having a calibre of or exceeding .44958 centimetres.

 

 

(3)  A person who has attained the age of eighteen years may have in his possession a firearm or ammunition in circumstances in which he is permitted to have possession thereof without holding a firearm licence by virtue of subsection (4), (5) or (6) of section eleven or where he is under the immediate supervision of an adult who is authorised under this Act to possess the firearm or ammunition.

 

 

(4)  No person shall permit or enable a person whom he knows or has grounds for believing to be under the age of eighteen years to have possession of a firearm or ammunition except where that other person is entitled to have possession thereof by virtue of subsection (3), and if any person under the age of eighteen years is in possession of any firearm or ammunition the holder of the firearm licence or certificate of exemption relating thereto and the father or other person in immediate control of the person under the age of eighteen years shall be presumed to have permitted or enabled such possession unless he satisfies the court that he could not reasonably have prevented such possession.

 

 

(5)  No person shall permit or enable a person under the age of fourteen years to have possession of an air gun except under the immediate supervision of an adult and if any person under the age of fourteen years is in possession of an air gun otherwise than under such supervision the father or other person in immediate control of the person under the age of fourteen years shall be presumed to have permitted or enabled such possession unless he satisfies the court that he could not reasonably have prevented such possession.

 

 

(6)  Any person who contravenes any provision of this section shall be guilty of an offence.

 

 

(7)  The Minister may by regulation exempt any person or class of persons from any provision of this section subject to such conditions as may be specified in such regulations.

 

 

19.  (1)  Notwithstanding any rule of law whereunder the provisions of this Act do not bind the Republic, and without prejudice to any such rule, so much of the foregoing provisions of this Part as relates to the purchase and acquisition, but not so much thereof as relates to the possession, of firearms and ammunition shall apply to persons in the service of the Republic in their capacity as such:

Servants of the Republic

 

Provided that-

 

 

(i)         a person in the service of the Republic duly authorised in writing in that behalf may purchase or acquire firearms and ammunition for the public service without holding a firearm licence;

 

 

(ii)        a person in the armed forces of the Republic shall, if he satisfies the Inspector General on application in terms of section twelve that he is required to purchase or acquire a firearm or ammunition for his own use in his capacity as a member of the armed forces, be entitled without payment of any fee to the issue of a firearm licence in respect of the firearm or ammunition in question.

 

 

(2)  For the purposes of this Act, a police officer shall be deemed to be a person in the service of the Republic.

 

 

20.  (1)  Any police officer or authorised officer may demand from any person whom he has reasonable grounds to believe to be in possession of a firearm or ammunition the production of his firearm licence.

Production of licence

 

(2)  If any person upon whom a demand is made under subsection (1) fails to produce his firearm licence or to permit the officer in question to read such licence or to show that he is entitled by virtue of this Act to have the firearm or ammunition in his possession without holding a firearm certificate, the officer may seize and detain such firearm or ammunition and may require such person forthwith to declare to him his name and address.

 

 

(3)  Any person who is required to declare his name and address in terms of subsection (2) who refuses so to declare, or who fails to give his true name or address, shall be guilty of an offence and the officer in question may arrest without warrant any person who refuses so to declare his name and address or whom he suspects of giving a false name or address or who he reasonably believes may abscond.

 

 

21.  (1)  Any police officer or authorised officer may demand from any person who holds a firearm licence or other authority under this Act to possess a firearm or ammunition the production at such time and place as the officer may specify of the firearm or ammunition to which the licence or authority relates for his own inspection or for the inspection of any other person.

Production of firearms

 

(2)  Any person who fails to comply with a demand made in terms of subsection (1) shall be guilty of an offence:

 

 

Provided that no person shall be prosecuted for an offence under this section in addition to being prosecuted under section thirty-eight or thirty-nine in respect of the same firearm or ammunition.

 

 

22.  (1)  Where the holder of a firearm licence changes his residence he shall within thirty days thereafter produce his firearm licence to the officer in charge of the police station nearest to the address to which he has moved (notwithstanding that such police station was also the station nearest to the address from which such holder had moved).

Change of residence of holder of firearm licence

 

(2)  An officer to whom a firearm licence is produced in terms of subsection (1) shall endorse such licence with the change of address and shall send a copy of such endorsement to the Registry.

 

 

(3)  Where the holder of a firearm licence changes his residence and the residence to which he removes is situate outside Zambia, he shall report such removal to an authorised officer and, if he wishes to remove his firearms or ammunition from Zambia, shall obtain from such officer a permit in that behalf:

 

 

Provided that this subsection shall not apply in any case of a temporary change of residence where the holder concerned deposits his firearms and ammunition in a public warehouse for the duration of the change of residence.

 

 

(4)  Any person who fails to comply with any provision of subsection (1) or (3) shall be guilty of an offence.

 

 

23.  (1)  Upon the death of the holder of a firearm licence such licence shall forthwith lapse and any person who comes into possession of the firearms or ammunition to which the said licence relates shall within fourteen days of coming into possession thereof deposit the same in a public warehouse.

Death of holder of firearm licence

 

(2)  When any firearm or ammunition is deposited in a public warehouse and within six months of such deposit no person has established his title thereto, the person in charge of such warehouse shall notify the subordinate court within whose jurisdiction the warehouse is situate of the deposit of such firearm and ammunition.

 

 

(3)  Upon being notified of a deposit as aforesaid the subordinate court shall cause a notice to be posted in a conspicuous place at the court or at such other places as it deems fit specifying the firearm or ammunition and the name of the person upon whose death such firearm or ammunition was deposited, and calling upon any person claiming to be entitled thereto to appear before the court within six months after the date of such notice and establish his title to such firearm or ammunition.

 

 

(4)  If no person shall within six months after the date of the aforementioned notice have established his title to the firearm or ammunition specified in such notice such firearm or ammunition shall be deemed to have been abandoned by the person, if any, lawfully entitled thereto and to have become the property of the Republic, and the subordinate court in question shall notify the Registrar accordingly.

 

 

(5)  If some person shall have duly established his title to the firearm or ammunition but shall fail within three months after establishing such title to obtain a firearm licence authorising his acquisition and possession thereof, such firearm or ammunition shall, on payment to the person entitled thereto of full compensation, be surrendered to the Republic.

 

 

PART IV SALE AND TRANSFER OF FIREARMS AND AMMUNITION FIREARMS DEALERS AND PRIVATE WAREHOUSESPART IV

SALE AND TRANSFER OF FIREARMS AND AMMUNITION: FIREARMS DEALERS AND PRIVATE WAREHOUSES

 

 

24.  (1)  No person shall keep a private warehouse for firearms and ammunition unless he is the holder of a firearms dealer's licence in respect thereoof.

Private warehouses

 

(2)  No firearms or ammunition shall be deposited in or withdrawn from a private warehouse except as may be permitted by regulations in that behalf.

 

 

(3)  Any person who contravenes any provision of this section shall be guilty of an offence.

 

 

25.  (1)  No person shall, by way of trade or business-

Restrictions on sale or transfer of firearms

 

(a)        purchase, sell or transfer; or

 

 

(b)        accept or expose for sale or transfer or have in his possession for sale or transfer;

any firearm or ammunition unless he is a registered firearms dealer:

 

 

Provided that, subject to the other provisions of this Act, it shall be lawful for an auctioner to accept for sale by auction, sell by auction, expose for sale by auction and have in his possession for sale by auction, a firearm or ammunition without being a registered firearms dealer if-

 

 

(i)         he has first obtained a certificate of exemption in terms of subsection (13) of section eleven and complies with the conditions, if any, of such certificate; and

 

 

(ii)        he maintains, and produces on demand to an authorised officer, such records and makes such returns relating to the sale of firearms and ammunition as may be prescribed.

 

 

(2)  No person shall sell or otherwise alienate or transfer any firearm or ammunition to any other person in Zambia unless-

 

 

(a)        such other person is a registered firearms dealer; or

 

 

(b)        such other person is the holder of a firearm licence authorising him to purchase, acquire or have possession of the firearm or ammunition in question, or shows that he is a person entitled by virtue of this Act to purchase, acquire or have possession of such firearm or ammunition without holding a firearm licence; or

 

 

(c)        the transferor is a carrier or an employee of a carrier and the delivery of such firearm or ammunition is in the ordinary course of his business or employment as such.

 

 

(3)  Every person who sells or otherwise alienates or transfers any firearm or ammunition to any other person in Zambia other than a registered firearms dealer shall, unless such other person shows that he is entitled by virtue of this Act to purchase, acquire or have possession of such firearm or ammunition without holding a firearm licence, comply with any conditions contained in the firearm licence held by such other person, and in the case of a firearm shall within seven days after the date of the transaction send notice thereof to the Registrar by registered post.

 

 

(4)  Any person who-

 

 

(a)        contravenes any provision of this section; or

 

 

(b)        in order to purchase or acquire a firearm or ammunition, produces a false firearm licence or a firearm licence in which any false entry has been made, or personates a person to whom a firearm licence has been issued, or makes any statement which he knows to be false in any particular or does not believe to be true;

shall be guilty of an offence and liable on conviction to a fine not exceeding seven thousand five hundred penalty units or to imprisonment for a term not exceeding fifteen years, or to both.

(As amended by Act No. 13of 1994)

 

 

26.  (1)  The Registrar shall for the purposes of this Act keep a register of firearms dealers (in this Part referred to as "the register") and, subject as hereinafter provided, shall enter therein the name and such other particulars as may be prescribed of every person who is entitled under the provisions of this Part to be issued with a firearms dealer's licence.

Registration of firearms dealers

 

(2)  An application for registration as a firearms dealer shall be made in the prescribed form to the Registrar who may register the applicant or refuse to register him without assigning any reason for such refusal:

 

 

Provided that an applicant shall not be registered-

 

 

(i)         if a disqualification order against him under section thirty-three is in force; or

 

 

(ii)        unless the Registrar is satisfied that the applicant is conversant with the provisions of this Act; or

 

 

(iii)       if the Registrar is satisfied that for the applicant to carry on the business of a firearms dealer would endanger the public safety or the peace.

 

 

(3)  If the Registrar, after giving reasonable notice to any person whose name is on the register, is satisfied that-

 

 

(a)        that person is no longer carrying on business as a firearms dealer; or

 

 

(b)        for that person to continue to carry on business as a firearms dealer would endanger the public safety or the peace;

he shall remove the name of that person from the register.

 

 

(4)  The Registrar shall remove from the register the name of any person if that person so wishes.

 

 

(5)  Any person aggrieved by a refusal to enter his name on, or the removal of his name from, the register may within fourteen days after the receipt by him of written notice of such refusal or removal appeal to the Minister, and the provisions of subsections (5), (6) and (7) of section twelve shall apply mutatis mutandis.

 

 

(6)  The Registrar shall issue to a person who is registered in terms of this section a certificate of registration in the prescribed form.

 

 

(7)  Any person who, for the purpose of procuring his registration or that of any other person as a firearms dealer, makes any statement which he knows to be false in any particular or does not believe to be true shall be guilty of an offence.

 

 

27.  (1)  An application for registration under subsection (2) of section twenty-six shall contain particulars of every place of business in Zambia at which the applicant proposes to carry on business as a firearms dealer and shall be accompanied by a certificate in respect of each such place issued by an officer in charge of police of the Division in question that the premises named in the certificate are suitable for carrying on the business of a firearms dealer; and the Registrar shall, upon registering the applicant as a firearms dealer and subject as hereinafter provided, enter in the register every such place of business.

Registration of places of business of firearms dealers

 

(2)  Every person registered as a firearms dealer who proposes to carry on business as such at any place of business not entered in the register shall notify the Registrar accordingly and shall furnish him with the particulars and certificate mentioned in subsection (1) and thereupon the Registrar shall, subject as hereinafter provided, enter that place of business in the register.

 

 

(3)  An officer in charge of police shall not issue such a certificate as is referred to in subsection (1) unless he is satisfied that-

 

 

(a)        the premises in question are so constructed as to be a secure place for the safe-keeping of firearms and ammunition;

 

 

(b)        suitable strong rooms, safes or other secure stores for the safe-keeping of firearms and ammunition are provided within the premises;

 

 

(c)        suitable locks or similar appliances are provided for ensuring the safe-keeping of firearms and ammunition within the premises and within the strong rooms, safes and stores;

 

 

(d)        adequate provision is made in the premises to safe-guard firearms and ammunition which are removed from strong rooms, safes and stores for the purposes of display or any other purpose in the ordinary course of business.

 

 

(4)  Any person aggrieved by the refusal of an officer in charge of police to issue a certificate under this section may within fourteen days of the receipt of written notice of such refusal appeal to the Minister, and the provisions of subsections (6) and (7) of section twelve shall apply mutatis mutandis.

 

 

(5)  The licensing authority for the area in which a place of business is situate shall issue a firearms dealer's licence in respect of such place of business upon application being made in the prescribed form and upon production-

 

 

(a)        of the certificate of registration issued to the applicant in terms of subsection (6) of section twenty-six; and

 

 

(b)        if the certificate referred to in paragraph (a) does not specify the place of business in respect of which the application is made, of the certificate of the Registrar that such place of business is entered on the register;

and upon payment of the prescribed fee.

 

 

(6)  Upon the removal from the register of the name of a firearms dealer in terms of subsection (3) or (4) of section twenty-six the Registrar shall remove from the register all places of business of that dealer.

 

 

(7)  If the Registrar, after giving reasonable notice to the firearms dealer in whose name a place of business has been registered, is satisfied that-

 

 

(a)        such dealer is no longer carrying on the business of a firearms dealer at such premises; or

 

 

(b)        for such dealer to continue to carry on business as a firearms dealer at such premises would endanger the public safety or the peace; or

 

 

(c)        such premises no longer comply with the requirements specified in paragraphs (a), (b), (c) and (d) of subsection (3);

 

 

he shall remove such place of business from the register.

 

 

(8)  Any person aggrieved by the removal from the register of a place of business in terms of subsection (7) may within fourteen days of the receipt by him of written notice of such removal appeal to the Minister, and the provisions of subsections (6) and (7) of section twelve shall apply mutatis mutandis.

 

 

(9)  If-

 

 

(a)        any registered firearms dealer has a place of business in respect of which he does not hold a firearms dealer's licence and carries on business as a firearms dealer at such place; or

 

 

(b)        any registered firearms dealer fails to maintain his place of business so that at all times it, and strong rooms, safes and stores within it, comply with the requirements of paragraphs (a), (b), (c) and (d) of subsection (3); or

 

 

(c)        any person makes any statement which he knows to be false in any particular or does not believe to be true for the purpose of procuring, whether for himself or for any other person, the entry of any place of business in the register or a licence in respect of any place of business;

he shall be guilty of an offence and liable on conviction to a fine not exceeding fifteen thousand penalty units or to imprisonment for a term not exceeding two years, or to both.

(As amended by Act No. 13of 1994)

 

 

28.  (1)  Upon the removal of a place of business from the register the Registrar shall by notice served on the firearms dealer concerned inform him of the removal and may by the same notice order that firearms dealer to cease, as from the date of service of the notice, carrying on the business of a firearms dealer or selling or otherwise disposing of any firearms or ammunition at that place of business.

Consequences of removal of place of business from register

 

(2)  Where an appeal against any such removal as aforesaid is allowed the notice served under subsection (1) shall be of no force or effect as from the date of determination of such appeal.

 

 

(3)  Where the firearms dealer does not appeal against any such removal as aforesaid, or where any such appeal is abandoned or dismissed, the Registrar shall by notice served on the firearms dealer in question authorise the disposal, in accordance with such directions as may be contained in the notice, of the stock in hand of that firearms dealer at that place of business notwithstanding any other provisions of this Act.

 

 

(4)  Where a place of business of a firearms dealer is removed from the register the firearms dealer's licence in respect of that place of business shall cease to be valid upon the service of the notice referred to in subsection (1) or, if there is an appeal against such removal, upon the abandonment or dismissal of such appeal.

 

 

(5)  If a firearms dealer upon whom a notice is served under subsection (1) or (3) contravenes any provision of such notice he shall be guilty of an offence and liable on conviction to a fine not exceeding fifteen thousand penalty units or to imprisonment for a term not exceeding two years, or to both.

(As amended by Act No. 13of 1994)

 

 

29.  (1)  Any police officer or authorised officer may demand from any person whom he reasonably suspects may be carrying on at any place the business of a firearms dealer the production of a firearms dealer's licence in respect of that place.

Production of firearms dealer's licence

 

(2)  If any person fails without lawful excuse to produce a firearms dealer's licence on demand being made as aforesaid, or to permit such officer to read the document produced to him, the officer may require such person forthwith to declare to him his name and address, and if such person refuses so to declare or fails to give his true name and address he shall be guilty of an offence and the officer may without warrant arrest the person who refuses so to declare his name or address, or whom he suspects of giving a false name or address or of intending to abscond.

 

 

30.  (1)  A firearms dealer's licence shall be in the prescribed form and shall, subject to the provisions of this Act, be valid for one year from the date of issue thereof.

Form and duration of firearms dealer's licence

 

(2)  Not less than one month before the date of expiry of a firearms dealer's licence in respect of a place of business the holder thereof-

 

 

(a)        shall surrender such licence to the licensing authority which issued it; and

 

 

(b)        may apply for the issue of a new firearms dealer's licence in respect of that place of business.

 

 

(3)  Any such application as is referred to in subsection (2) (b) shall be in the prescribed form, and upon production of a certificate of the Registrar that such place of business is still entered on the register and upon payment of the prescribed fee the licensing authority shall issue the new licence.

 

 

31.  (1)  There shall be payable on the grant or issue of the certificates, licences and permits referred to in this Act the fees set out in the First Schedule.

Prescribed fees

 

(2)  All fees paid on the issue, renewal or replacement of firearm licences and the entry of further firearms in a firearm licence, and on the issue of firearms dealers' licences, shall be paid into the revenue or local authority treasury, as the case may be, of the licensing authority by which the licences in question are issued, and save as aforesaid all fees paid in terms of any provision of this Act or regulations made thereunder shall be paid into the general revenues of the Republic.

 

 

32.  (1)  Every registered firearms dealer shall keep a register of transactions relating to his business as such dealer (in this section referred to as a dealer's register), including the sale, transfer, repair, test or proof of firearms and the sale or transfer of ammunition, and shall enter therein such particulars as may be prescribed.

Register of transactions in firearms and ammunition

 

(2)  Every entry required to be made in a dealer's register shall be made within twenty-four hours after the transaction to which it relates; and in the case of a sale or transfer the firearms dealer shall require the purchaser or transferee, if not known to him, to furnish particulars sufficient for identification and shall forthwith enter such particulars in his dealer's register.

 

 

(3)  Every registered firearms dealer shall on demand allow an authorised officer to enter his place of business and inspect all stock in hand, and shall on request by that officer produce for inspection his dealer's register.

 

 

(4)  Every registered firearms dealer shall render punctually to the Registrar such reports and returns, prepared in such manner, as may be prescribed.

 

 

(5)  Any person who-

 

 

(a)        contravenes any provision of this section; or

 

 

(b)        knowingly makes any false entry in a dealer's register; or

 

 

(c)        knowingly furnishes any false particulars of identification of himself for the purposes of this section;

shall be guilty of an offence.

 

 

33.  (1)  Where a registered firearms dealer is convicted of an offence under this Act or against any law relating to the import or export of firearms or ammunition, the court may make an order, in this Act referred to as a disqualification order, against such dealer and against any person who was knowingly a party to the offence in question.

Register of transactions in firearms and ammunition

 

(2)  A person aggrieved by the making of a disqualification order may appeal against such order in the same manner as against the conviction in question, and the court may suspend the operation of the order pending the determination of such appeal.

 

 

(3)  Where a disqualification order against any person is made and is not suspended pending the determination of an appeal-

 

 

(a)        the name of such person shall be removed from the register; and

 

 

(b)        such person shall not thereafter, save with the consent of the Minister, be registered as a firearms dealer; and

 

 

(c)        any person who, save with the consent of the Minister, knowingly employs in any business connected with firearms or ammunition a person against whom a disqualification order has been made shall not be registered as a firearms dealer or, if so registered, shall be liable to be removed from the register.

 

 

(4)  Any person who-

 

 

(a)        being disqualified in terms of this section, applies for registration as a firearms dealer without first obtaining the consent of the Minister; or

 

 

(b)        being a registered firearms dealer, employs in his business as such dealer, save with the consent of the Minister, a person disqualified in terms of this section;

shall be guilty of an offence.

 

 

(5)  Where a court makes a disqualification order under this section it shall cause notice thereof to be sent to the Registrar.

 

 

PART V MANUFACTURE, REPAIR AND CONVERSION OF FIREARMS AND AMMUNITIONPART V

MANUFACTURE, REPAIR AND CONVERSION OF FIREARMS AND AMMUNITION

 

 

34.  (1)  No person shall manufacture any firearms or ammunition in Zambia except on behalf of the Government or with the consent of the Minister, and at a place established or designated for the purpose by, and in accordance with instructions issued by, the Minister.

Restriction on manufacture of firearms and ammunition

 

(2)  For the purposes of this Act, "manufacture", in relation to firearms and ammunition, does not include the repair of a firearm or ammunition or the alteration or substitution or replacement of any component part of a firearm.

 

 

(3)  Any person who contravenes the provisions of subsection (1) shall be guilty of an offence and liable on conviction to a fine not exceeding fifteen thousand penalty units or to imprisonment for a term not exceeding two years, or to both.

 

 

(4)  Any police officer or authorised officer who reasonably suspects that subsection (1) is being or has been contravened may seize and detain any firearm or ammunition or any material or article which he reasonably suspects may be the subject of, or have been used in connection with, any such contravention.

(As amended by Act No. 13of 1994)

 

 

35.  (1)  Subject to subsection (3), no person other than a registered firearms dealer shall repair, test or prove any firearm or ammunition save under the authority of a permit from an authorised officer in the prescribed form;

Repair, etc., of firearms and ammunition

 

Provided that nothing in this section shall operate to prevent the repair, test and proof of any firearm or ammunition at an establishment under the exclusive custody and control of the Government.

 

 

(2)  Every repair, test or proof of a firearm or ammunition shall be accounted for-

 

 

(a)        in the case of a registered firearms dealer, in accordance with the provisions of section thirty-two; or

 

 

(b)        in any case authorised by a permit under subsection (1), in such manner as may be specified in such permit.

 

 

(3)  Nothing in this section shall operate to prohibit the holder of a firearm licence from himself testing or repairing the firearms or ammunition to which such licence relates.

 

 

(4)  No person shall undertake the repair, test or proof of a firearm or ammunition for any other person unless such other person-

 

 

(a)        exhibits a firearm licence authorising him to have possession of such firearm or ammunition; or

 

 

(b)        shows that he is by virtue of this Act entitled to have possession of such firearm or ammunition without holding a firearm licence; or

 

 

(c)        is a registered firearms dealer and the repair, test or proof is undertaken at his request in that capacity.

 

 

(5)  Any person who-

 

 

(a)        contravenes any provision of this section; or

 

 

(b)        for the purpose of procuring the repair, test or proof of any firearm or ammunition, exhibits a firearm licence or certificate or permit which is false or in which any false entry has been made, or personates any person to whom a firearm licence or certificate or permit has been issued or granted, or who makes any statement which he knows to be false in any particular or does not believe to be true;

shall be guilty of an offence and liable on conviction to a fine not exceeding fifteen thousand penalty units or to imprisonment for a term not exceeding two years, or to both.

(As amended by Act No. 13of 1994)

 

 

36.  (1)  No person shall, without the written permission of an authorised officer-

Restriction on conversion of firearms

 

(a)        shorten the barrel of any firearm to a length of less than 45.72 centimetres; or

 

 

(b)        convert or modify any firearm so that the method of loading or discharge thereof, or the calibre or type of ammunition usable therein, differs from that for which such firearm was originally designed.

 

 

(2)  No person shall convert into a firearm anything which is so constructed as to be incapable of discharging a missile through the barrel thereof.

 

 

(3)  Any person who contravenes any provision of this section shall be guilty of an offence and liable on conviction to a fine not exceeding fifteen thousand penalty units or to imprisonment for a term not exceeding two years, or to both.

(As amended by Act No. 13of 1994)

 

 

PART VI MISCELLANEOUSPART VI

MISCELLANEOUS

 

 

37.  (1)  It shall not be lawful for any person other than a person-

Prohibited articles

 

(a)        in the service of the Government and in his capacity as such; or

 

 

(b)        authorised in writing in that behalf by the Minister; or

 

 

(c)        who is a member of a class of persons for the time being authorised in that behalf by the Minister by statutory instrument;

to sell, transfer, purchase, acquire or have in his possession any prohibited article.

 

 

(2)  Any person who contravenes any provision of subsection (1) shall be guilty of an offence and liable on conviction to a fine not exceeding thirty-seven thousand five hundred penalty units or to imprisonment for a term not exceeding five years, or to both.

 

 

(3)  An authority given under this section shall be subject to such conditions as may be specified therein, and if any person authorised thereby contravenes any such condition he shall be guilty of an offence.

 

 

(4)  The Minister may at any time by notice in writing revoke any individual authority given by him to any person. Such notice shall require the person in question to deliver up such authority to such person as may be specified in the notice within twenty-one days after the service thereof, and if such person fails to comply with such notice he shall be guilty of an offence.

 

 

(5)  An authority given by the Minister under this section to any class of persons may at any time be revoked by statutory instrument.

(As amended by Act No. 13of 1994)

 

 

38.  (1)  Every person having in his possession or under his control any firearm or ammunition shall keep the same at all times securely and in safe custody, and shall take all reasonable precautions to ensure that such firearm or ammunition is not lost or stolen or able to come into the possession of any person not lawfully entitled to be in possession thereof.

Safe custody of firearms and ammunition

 

(2)  Whenever it is necessary to convey within Zambia any firearm or ammunition otherwise than in the custody of the holder of any licence, certificate, permit or other authority relating thereto or of a registered firearms dealer or auctioneer authorised to be in possession thereof, the responsibility for taking all reasonable precautions against loss or theft shall lie on the consignor of such firearm or ammunition:

 

 

Provided that when any carrier has knowingly accepted such firearm or ammunition as aforesaid and furnished to the consignor or to any other carrier a receipt therefor, the carrier so accepting shall be deemed to have accepted responsibility for the safe custody of such firearm or ammunition, notwithstanding anything contained in any agreement between him and the consignor, until the delivery in the normal course of such firearm or ammunition to some person authorised to receive it.

 

 

(3)  Any person who contravenes any provision of this section shall be guilty of an offence and liable on conviction to a fine not exceeding fifteen thousand penalty units or to imprisonment for a term not exceeding two years, or to both.

 

 

(4)  In any prosecution for an offence under subsection (1) the onus shall lie on the accused to satisfy the court that he took all reasonable precautions in terms of the said subsection.

 

 

39.  (1)  If any firearm is lost, stolen or destroyed the holder of the firearm licence or other authority relating thereto shall forthwith report such loss, theft or destruction to the officer in charge of the police station nearest to the address at which such holder resides.

(As amended by Act No. 13of 1994)

Notice of loss of firearm

 

(2)  If an authorised officer is satisfied that a firearm has been lost, stolen or destroyed he shall make an endorsement to that effect on the firearm licence or other authority under which such firearm was held and shall forthwith make a report to the Registrar.

 

 

(3)  Any person who fails to comply with the provisions of subsection (1) shall be guilty of an offence.

 

 

40.    Any person who, in his handling or care of any firearm or ammunition, fails to take reasonable or proper precautions against possible injury or damage to persons or property shall be guilty of an offence and liable on conviction to a fine not exceeding fifteen thousand penalty units or to imprisonment for a period not exceeding two years, or to both.

(As amended by Act No. 13of 1994)

Failure to take precautions against injury or damage

 

41.  (1)  The Minister may prepare a code, to be known as the Firearms Code, containing such information, directions and advice as appear to him to be proper or desirable for the guidance of persons using or in any way associated with firearms or ammunition, and may from time to time amend such code.

Firearms Code

 

(2)  The proposed Firearms Code or any proposed amendments thereto, as the case may be, shall, before being issued, be approved by the National Assembly.

 

 

(3)  The Firearms Code may be issued in such languages and at such price as the Minister shall deem fit.

 

 

(4)  Failure on the part of any person to observe any provision of the Firearms Code shall not of itself render that person liable to criminal proceedings of any kind, but any such failure may in any proceedings, whether civil or criminal and including proceedings for an offence under this Act, be relied upon by any party to the proceedings as tending to establish or negative any liability which is in question in such proceedings.

 

 

42.    Notwithstanding any other provisions of this Act, a person may borrow or have in his possession for a period not exceeding six months a firearm and ammunition therefor owned by the holder of a firearm licence relating thereto if the borrower-

Loan of firearms

 

(a)        holds a firearm licence in respect of a firearm of the same type as the borrowed firearm; and

 

 

(b)        holds a transfer certificate in the prescribed form authorising the borrower to have possession of the borrowed firearm.

 

 

43.    Any person who pawns or who accepts in pawn any firearm or ammunition shall be guilty of an offence.

Prohibition of pawning of firearms

 

44.  (1)  An authorised officer may in the interests of public safety require any person to deposit his firearms or any of them or any ammunition therefor in a public warehouse for safe custody for such period or periods as such officer may deem necessary, and any person who fails to comply with any such requirement shall be guilty of an offence.

Deposit of firearms for safe custody

 

(2)  Any person aggrieved by a requirement under this section may, having first complied therewith, appeal therefrom to the Minister, and the provisions of subsections (6) and (7) of section twelve shall apply mutatis mutandis.

 

 

45.  (1)  Whenever the President is satisfied that in the interests of public safety or for the prevention of offences against the peace it is necessary or expedient so to do, he may by statutory instrument-

Power to prohibit carrying, etc., of firearms

 

(a)        prohibit the carrying or conveyance of firearms or ammunition; or

 

 

(b)        prohibit the sale of firearms or ammunition; or

 

 

(c)        order that all firearms and ammunition shall be delivered up to such person, and within such time, as may be specified in such order.

 

 

(2)  An order made under subsection (1)-

 

 

(a)        may be expressed to apply to the whole of Zambia or to such portion thereof as may be specified; or

 

 

(b)        may be made subject to any exceptions, whether in respect of any person or class of persons or of any firearms or ammunition or class or type thereof, as the President may deem necessary or expedient; and

 

 

(c)        may be revoked or varied by the President at any time.

 

 

(3)  Any police officer may without warrant arrest any person who he has reason to believe has acted or is acting in contravention of an order made under this section.

 

 

(4)  Any person who contravenes any provision of an order made under this section shall be guilty of an offence and liable on conviction to a fine not exceeding fifteen thousand five hundred penalty units or to imprisonment for a term not exceeding seven years, or to both.

(As amended by Act No. 13of 1994)

 

 

46.  (1)  Whenever the President is satisfied that in the interests of public safety or public order it is necessary or expedient so to do, he may by statutory instrument direct that the stocks of firearms and ammunition in the possession of firearms dealers in any Division or of any firearms in transit within Zambia shall be taken possession of by police officers for the purpose of safe storage.

Power to take possession of stocks of firearms and ammunition

 

(2)  Any registered firearms dealer within a Division in respect of which a direction has been given as aforesaid shall, on being informed by a police officer of the intention to take possession of his stocks of firearms and ammunition, take immediate steps for the packing of such stocks for removal to a place of safety.

 

 

(3)  A receipt shall be given by the police officer in question to the person from whom such stocks are received for all stocks of firearms and ammunition of which possession has been taken in terms of this section.

 

 

(4)  Firearms and ammunition of which possession has been taken in terms of this section shall be returned to the persons from whom they were received at such time as the Minister may appoint.

 

 

(5)  Any person who fails to comply with the provisions of subsection (2) or who interferes with or obstructs any officer acting in accordance with a direction given under this section, or who fails to surrender the whole of his stocks of firearms or ammunition in accordance with such direction, shall be guilty of an offence and liable on conviction to a fine not exceeding one hundred and twelve thousand five hundred penalty units or to imprisonment for a period not exceeding fifteen years, or to both.

(As amended by Act No. 13of 1994)

 

 

47.  (1)  Any person who is under the influence of drink, or who behaves in a disorderly manner, while carrying a firearm shall be guilty of an offence and liable on conviction to a fine not exceeding fifteen thousand penalty units or to imprisonment for a term not exceeding two years, or to both.

Carrying firarms when drunk, etc.

 

(2)  A police officer may arrest without warrant any person who he has reason to believe is guilty of an offence under this section.

(As amended by Act No. 13of 1994)

 

 

48.  (1)  Any person who has in his possession any firearm or ammunition with intent to endanger life or cause serious injury to person or property, or to enable any other person so to do, shall, whether or not any injury to person or property has been caused, be guilty of an offence and liable on conviction to imprisonment for a term not exceeding fourteen years.

Possessing firearms with intent to injure

 

(2)  A police officer may arrest without warrant any person who he has reason to believe is guilty of an offence under this section.

 

 

49.  (1)  Any person who makes or attempts to make any use whatever of a firearm or imitation firearm with intent to resist or prevent the lawful apprehension of himself or any other person shall be guilty of an offence and liable on conviction to imprisonment for a term not exceeding fourteen years.

Penalty for use and possession of firearms in certain cases

 

(2)  Where any person commits an offence under subsection (1) in respect of his own lawful apprehension for any other offence committed by him, he shall be liable to the penalty herein provided in addition to any penalty to which he may be liable for that other offence.

 

 

(3)  Any person who, at the time of his committing any offence specified in the Second Schedule or of his apprehension therefor, has in his possession any firearm or imitation firearm shall, unless he satisfies the court that he had such firearm or imitation firearm in his possession for a lawful purpose, be guilty of an offence and liable on conviction, in addition to any penalty to which he may be liable in respect of such other offence, to imprisonment for a term not exceeding seven years.

 

 

(4)  On the trial of any person for an offence under subsection (1) the court may convict him of an offence under subsection (3).

 

 

(5)  A firearm or imitation firearm shall, notwithstanding that it is not loaded or is otherwise incapable of discharging any missile or noxious liquid or gas, as the case may be, be deemed to be an offensive weapon or instrument within the meaning of sections two hundred and ninety-four and two hundred and ninety-five and of paragraphs (a) and (b) of section three hundred and five of the Penal Code.

Cap. 87

 

(6)  In this section, "imitation firearm" means anything which has the appearance of being a firearm, whether or not it is capable of discharging any missile or noxious liquid or gas, as the case may be.

 

 

PART VII GENERALPART VII

GENERAL

 

 

50.  (1)  If a magistrate is satisfied by information on oath that there is reasonable ground for suspecting that an offence under this Act has been, is being or is about to be committed he may issue a search warrant in the prescribed form authorising any police officer or authorised officer named therein-

Powers of search

 

(a)        to enter at any time any premises or place named in the warrant, with or without assistance and if necessary by force, and to search such premises or place and every person found therein; and

 

 

(b)        to seize any firearm or ammunition or any other thing which he may find in the premises or place, or on any person found therein, by which or in respect of which or in connection with which he has reasonable grounds for suspecting that an offence under this Act has been, is being or is about to be committed; and

 

 

(c)        if the premises are those of a registered firearms dealer, to examine any books relating to the firearms business of such dealer.

 

 

(2)  A search warrant issued under this section may be issued and executed on any day.

 

 

(3)  A person making a search under the authority of a warrant issued in terms of this section may arrest without warrant any person found in the premises or place in question who he has reason to believe has committed an offence under this Act.

 

 

(4)  The provisions of subsections (1) and (3) of section one hundred and two and of sections one hundred and four, one hundred and six, one hundred and twenty and one hundred and twenty-one of the Criminal Procedure Code shall apply to search warrants issued under this section, and any magistrate issuing such a warrant shall, for the purposes thereof, be deemed to have jurisdiction throughout Zambia:

Cap. 88

 

Provided that reference to police officer in any of the said sections of the Criminal Procedure Code shall, for the purposes of any warrant issued under this section, be deemed to include reference to an authorised officer.

Cap. 87

 

51.  (1)  Any police officer of or above the rank of Sub-Inspector may without warrant-

Powers of search without warrant

 

(a)        stop, search and detain any vehicle or vessel in or upon which there is reason to suspect that any firearm or ammunition is being unlawfully conveyed; or

 

 

(b)        stop, search and detain any person whom he reasonably suspects of unlawfully conveying or having in his possession any firearm or ammunition; or

 

 

(c)        seize any firearm or ammunition found in the course of any search under this section.

 

 

(2)  For the purposes of this section-

"vehicle" has the meaning assigned to it in section two of the Roads and Road Traffic Act;

"vessel" includes a ship, boat and every other kind of craft used in navigation either on the sea or on inland waters, and includes aircraft.

Cap. 464

 

52.    Any person who obstructs any officer in the execution of a search warrant issued in terms of section fifty or, being required by such officer under the said section to produce any information, record or thing which to the knowledge of such officer is available to such person, or who obstructs an officer in the lawful exercise of any power conferred upon him by section fifty-one, shall be guilty of an offence.

Obstruction, etc., of officers

 

53.  (1)  Where possession is taken by a customs officer of any firearms or ammunition the entry of which into Zambia would be contrary to this Act or any other law, such firearms or ammunition shall as soon as is practicable be handed to the officer in charge of the nearest police station, who shall deposit the same in a public warehouse and forthwith make a report to the Registrar.

Taking possession of firearms or ammunition by customs officer

 

(2)  The customs officer taking possession as aforesaid shall issue a receipt in the prescribed form and, as the case may be, hand it to the person from whom such possession was taken or send it by prepaid registered post to the consignee of such firearms and ammunition.

 

 

(3)  Where possession has been taken as aforesaid of any firearms or ammunition and it is not alleged that the same are liable to forfeiture or the subject of any offence, such firearms or ammunition shall, provided not less than twenty-four hours' notice of such intended departure has been given to the officer in charge of the police station in question, be returned to the person from whom they were taken on his departure from Zambia through the same port through which he entered.

 

 

54.  (1)  A person convicted of an offence under this Act for which no other penalty is provided shall be liable to a fine not exceeding seven thousand five hundred penalty units or to imprisonment for a term not exceeding one year, or to both.

Penalties, forfeiture and revocation of licence

 

(2)  Where any person-

 

 

(a)        is convicted of an offence under this Act or is convicted of any offence for which he is sentenced to imprisonment; or

 

 

(b)        has been ordered to be subject to police supervision or to enter into a recognizance to keep the peace or to be of good behaviour, a condition of which is that the offender shall not possess, carry or use a firearm;

the court by which he is convicted or by which the order is made may order the forfeiture or disposal of any firearm or ammunition found in his possession and the revocation of any firearm licence held by him.

 

 

(3)  Where a court orders the revocation of a firearm licence under this section-

 

 

(a)        it shall cause notice of the order to be sent to the Registrar; and

 

 

(b)        the Registrar shall, by notice in writing, require the surrender by the holder of such licence; and

 

 

(c)        if such holder fails to surrender such licence within fourteen days after the receipt of such notice he shall be guilty of an offence:

 

 

Provided that evidence that the loss or destruction of such licence has been reported in accordance with the provisions of subsection (4) of section thirteen shall be a defence to any charge under this subsection.

(As amended by Act No. 13 of 1994)

 

 

55.    Any person who aids and abets, or counsels or procures, or attempts to commit any offence under this Act shall be guilty of an offence and liable on conviction to the penalty provided for the offence the commission of which he aided and abetted or counselled or procured or attempted, as the case may be.

Aiding and abetting, etc.

 

56.  (1)  Any firearms or ammunition deposited in a public or private warehouse in terms of this Act or of any other law and remaining unclaimed for a period of three years from the date of such deposit shall be deemed to have been abandoned by the owner thereof and shall thereupon become the property of the Republic.

Disposal of unclaimed firearms and ammunition

 

(2)  Any firearms or ammunition which have become the property of the Republic by virtue of subsection (1) or of a forfeiture under this Act or any other law may be sold, destroyed or otherwise disposed of as the Minister may direct.

 

 

57.    Any notice required or authorised by this Act to be served on any person may be served personally or may be sent by prepaid registered post addressed to such person at his last known or usual postal address or, in the case of a registered firearms dealer, at any place of business in respect of which he holds a firearms dealer's licence, and any notice so sent shall be presumed unless the contrary is proved to have been delivered in the normal course of posting.

Service of notices

 

58.  (1)  The Minister may, by statutory instrument, make regulations generally for the carrying out of the provisions of this Act and for its efficient administration and in particular, but without derogating from the generality of the foregoing-

Regulations

 

(a)        prescribing anything which is to be prescribed under this Act;

 

 

(b)        regulating the import and export of firearms and ammunition and the conditions and restrictions which may be specified in an import permit;

 

 

(c)        regulating the import and sale of blank cartridges;

 

 

(d)        prescribing the officers or classes of officers who shall be authorised officers for the purposes of the several provisions of this Act;

 

 

(e)        prescribing the nature, frequency and form of reports and returns to be made and the persons to whom reports and returns are to be made;

 

 

(f)         providing for the surrender and return of certificates of registration of firearms dealers and firearms dealers' licences upon the removal of or restoration to the register of the name of or a place of business of a firearms dealer;

 

 

(g)        providing for the determination and payment of compensation where any firearm or ammunition is compulsorily taken possession of or acquired;

 

 

(h)        regulating the deposit in and withdrawal from warehouses of firearms and ammunition and prescribing the fees, rent and other charges payable on and during such deposit;

 

 

(i)         prescribing the fees to be paid for any licence, certificate, permit or other authorisation issued or granted under this Act or in respect of any act of registration or other official act performed thereunder;

 

 

(j)         specifying the conditions under which a firearm or ammunition may be delivered to a carrier or conveyed within Zambia;

 

 

(k)        regulating the establishment and conduct of shooting clubs and prescribing the fees payable in respect of the registration thereof;

 

 

(l)         regulating the stamping, numbering and registration of firearms and ammunition and the proving of firearms;

 

 

(m)       prescribing the manner in which fees, rents and charges payable under this Act may be recovered;

 

 

(n)        prescribing the procedure to be followed in appeals;

 

 

(o)        declaring types of firearms to be specially dangerous;

 

 

(p)        providing for tests of competency.

 

 

(2)  Regulations may prescribe penalties for any contravention thereof not exceeding those mentioned in subsection (1) of section fifty-four.

 

 

(3)  The Minister may by regulations made under subsection (1) alter or amend the provisions of the First Schedule.

 

 

(4)  The Minister may, by regulations made under subsection (1)-

 

 

(a)        provide for the establishment, composition, functions and procedures of a Firearms Committee to make recommendations to the Inspector-General on such matters as may be prescribed therein;

 

 

(b)        provide that where the Inspector-General considers it undesirable to follow the recommendations of the Firearms Committee, he shall refer the matter to the Minister for ruling; and

 

 

(c)        provide for such matters relating to the Firearms Committee as he considers necessary.

(As amended by Act No. 4 of 1974, and Act No. 16 of 1986)

 

 

59.    Where any discretion is conferred on any person by or under this Act or any regulation made thereunder the Minister may from time to time issue directions as to the manner in which such discretion shall be exercised and that person shall comply with those directions.

Exercise of discretion

 

60.    Upon the determination of any appeal under this Act all necessary alterations shall be made in the register.

Rectification of register following appeal

 

61.    The Firearms Act, 1965, Act No. 24 of 1965, is hereby repealed:

Repeal and saving

 

Provided that any licence, certificate, permit or other authorisation issued under the provisions of the said Act shall have effect during its period of validity, and during such period the holder thereof shall not be required to obtain any equivalent licence, certificate, permit or other authorisation required by or under this Act; and the Minister may extend the period of validity of any licence, certificate, permit or other authorisation so issued, or any class thereof, for such period as he may deem necessary to enable the equivalent authorisation under this Act to be obtained.

 

 

SCHEDULE

 

 

(Section 49)

 

 

OFFENCES TO WHICH SECTION 49 APPLIES

 

 

    1.  Offences under subsection (3) of section 229 of the Roads and Road Trafffic Act.

    2.  Offences under the following provisions of the Penal Code:

         Sections 81, 82, 133, 135, 136, 171, 222, 223, 226, 232, 247, 248, 272, 274, 275, 276, 286, 301, 302, paragraphs (c) to (g) of sections 305, sections 328, 329 and 336.

 

Cap. 464
Cap. 87

 

SUBSIDIARY LEGISLATION

 

 

FIREARMS

CAP. 110

 

SECTION 2-THE FIREARMS (PROHIBITED ARTICLES) ORDER

Order by the Minister  

Statutory Instrument
224 of 1972

 

1.    This Order may be cited as the Firearms (Prohibited Articles) Order.

Title

 

2.    The articles specified in the Schedule are hereby declared to be prohibited articles.

Declaration of prohibited articles

 

SCHEDULE

 

 

(Paragraph 2)

 

 

PROHIBITED ARTICLES

 

 

7.62 mm rifle and ammunition therefor

.303 rifle and ammunition therefor

 

 

THE FIREARMS REGULATIONS ACT

 

 

ARRANGEMENT OF SECTIONS

Regulation

  1.          Title

  2.          Authorised officers

  3.          Firearms dealer's import and export permits

  4.          Tourist's import and export permits

  5.          Resident's export permit

  6.          Certificates of exemption (other than for auctioneer)

  7.          Certificate of exemption (auctioneer)

  8.          Application for firearm certificate

  9.          Firearm certificate

10.          Provisional firearm certificate

11.          Firearm licence

12.          Certificate of competency

13.          Associations

14.          Registration of firearms dealers

15.          Firearms dealer's licence

16.          Dealer's register

17.          Permit to repair, test or prove firearms and ammunition

18.          Record of repairs, etc.

19.          Transfer certificate

20.          Deposit in and withdrawal from public warehouse

21.          Taking possession of firearms or ammunition by customs officer

22.          Record of deposits and withdrawals

23.          Search warrants

24.          Stamping and marking of firearms

25.          Quantity of ammunition authorised to be held

26.          Quantity of ammunition authorised to be acquired

27.          Quantities of ammunition: tourists

28.          Annual allocation

29.          Licensing authorities

30.          Access to firearms

31.          Specially dangerous air guns

32.          Penalties

Regulation

33.          Revocation and savings

 

 

FIRST SCHEDULE-Prescribed fees

 

 

SECOND SCHEDULE-Authorised officers

 

 

THIRD SCHEDULE-List of forms

 

 

SECTION 58-THE FIREARMS REGULATIONS

Regulations by the Minister

Statutory Instruments
256 of 1970
264 of 1970
183 of 1971
157 of 1972
5 of 1984
53 of 1994
37 of 1997
Act No.
13 of 1994

 

1.    These Regulations may be cited as the Firearms Regulations.

Title

 

2.    The persons or classes of persons referred to in the second column of the First Schedule are hereby appointed authorised officers for the purposes of the provisions of the Act set out opposite thereto in the first column of such Schedule.

Authorised officers

 

3.  (1)  A firearms dealer's import permit shall be issued by the Registrar in Form 1 in the Second Schedule and a fee of sixty fee units shall be payable on the issue of the permit.

Firearms dealer's import and export permits

 

(2)  Application for the issue of a firearms dealer's export permit shall be made to the Registrar in Form 2 in the Second Schedule.

 

 

(3)  A firearms dealer's export permit shall be issued by the Registrar in Form 3 in the Second Schedule and a fee of six fee units shall be payable on the issue of the permit.

 

 

(4)  A firearms dealer's export permit shall be valid for a period of three months from the date of issue thereof and if not used within such period shall be delivered by the holder thereof to the Registrar within two weeks after the expiration of such period. The fee paid shall not be returnable.

 

 

(5)  Any person who fails to comply with the provisions of this regulation or who fails to comply with any conditions upon which a firearms dealer's import permit or export permit was issued shall be guilty of an offence.

(As amended by Act No. 13 of 1994)

 

 

4.  (1)  Application for the issue of a tourist's import permit and/or export permit shall be made to the Registrar in Form 4 in the Second Schedule.

Tourist's import and export permits

 

(2)  A tourist's import and/or export permit shall be issued by the Registrar in Form 5 in the Second Schedule.

 

 

(3)  Every tourist's import permit shall, in addition to such conditions as the Registrar may consider desirable in any particular case, contain the following conditions:

 

 

(a)        no ammunition imported under the authority of the permit shall be used except in connection with a shooting competition or a hunting safari conducted by an approved safari company;

 

 

(b)        the firearms specified in the permit and any unused ammunition imported thereunder shall be removed from the Republic within six calendar months of the date of import;

 

 

(c)        no such firearms or unused ammunition shall be removed from the Republic except under the authority of a tourist's export permit, and unless such export permit is surrendered to a customs officer at the port of exit by the tourist or his agent.

 

 

(4)  Any person who fails to comply with any condition contained in a tourist's import and/or export permit shall be guilty of an offence.

 

 

5.  (1)  A resident's export permit shall be issued by the Registrar in Form 6 in the Second Schedule and shall be valid for a period of three months from the date of issue thereof and if not used within such period shall be delivered by the holder thereof to the Registrar within two weeks after the expiration of such period.

Resident's export permit

 

(2)  If a firearm or ammunition is being removed permanently from the Republic, the firearm licence and resident's export permit relating thereto shall be surrendered to a customs officer at the port of exit in question.

 

 

(3)  Any person who fails to comply with the provisions of this regulation shall be guilty of an offence.

 

 

6.  (1)  Application for a certificate of exemption in any of the cases referred to in subsections (10), (11) and (12) (c) of section eleven and in section sixteen of the Act (that is to say, in the case of a slaughtering instrument of the non-captive-bolt type or ammunition therefor, a bolt-firing instrument designed and used for constructional purposes, a signalling apparatus or ammunition therefor or an antique firearm) shall be in Form 7 in the Second Schedule and shall be made to the Divisional Commander in whose Division the applicant resides.

Certificates of exemption (other than for auctioneer)

 

(2)  A certificate of exemption in any of the cases referred to in sub-regulation (1) shall be in Form 8 in the Second Schedule and a fee of eight fee units shall be payable on the issue of such certificate, which shall be valid for a period of one year from the date of issue thereof.

(As amended by Act No. 13 of 1994)

 

 

7.  (1)  Application for a certificate of exemption for an auctioneer shall be in Form 9 in the Second Schedule and shall be made to the Divisional Commander in whose Division the auction is to be conducted.

Certificate of exemption (auctioneer)

 

(2)  A certificate of exemption for an auctioneer shall be in Form 10 in the Second Schedule and a fee of eight fee units shall be payable on the issue of such certificate, which shall be valid for such period not exceeding six months as may be stipulated in such certificate.

 

 

(3)  No firearm or ammunition sold by an auctioneer under the authority of section twenty-five of the Act shall be delivered to the purchaser unless he produces to the auctioneer a firearm licence or other authorisation entitling the purchaser to be in possession of such firearm or ammunition.

 

 

(4)  An auctioneer to whom a certificate of exemption has been issued in terms of sub-regulation (2) shall, within fourteen days after the sale or transfer of the firearm or ammunition or the date of expiry of the said certificate, as the case may be, complete the return printed on the rear of such certificate and deliver it to the Divisional Commander who issued it together with, if the same has not been sold or transferred, the firearm or ammunition in question.

 

 

(5)  A Divisional Commander to whom a firearm or ammunition has been delivered in terms of this regulation shall forthwith deposit the same in a public warehouse and make a report to the Registrar.

 

 

(6)  Any person who fails to comply with the provisions of this regulation or who submits a return which he knows to be false in any particular or does not believe to be true shall be guilty of an offence.

(As amended by Act No. 13 of 1994)

 

 

8.  (1)  An application for a firearm certificate or a provisional firearm certificate made to an officer in charge of police in terms of section twelve of the Act shall be in Form 11 in the Second Schedule.

Application for firearm certificate

 

(2)  If an applicant for a firearm certificate is unable adequately to speak or write the English language, he may make his application verbally to the officer in charge of police, who shall record such application in the English language in the said Form 11 on behalf of the applicant.

 

 

(3)  Upon recording such particulars as aforesaid, the officer in charge of police shall explain such particulars as recorded to the applicant in a language which the applicant understands, and shall then complete and sign the certificate to that effect contained in the said Form 11.

 

 

(4)  If the officer in charge of police is of the opinion that he is unable adequately to converse with the applicant, he may call upon any other police officer not below the rank of Sub-Inspector who is able adequately to converse with the applicant to perform the functions of the officer in charge of police referred to in sub-regulations (2) and (3).

 

 

9.  (1)  A firearm certificate shall be issued by the Inspector-General or, subject to sub-regulation (2), by an officer in charge of police and shall be in Form 12 in the Second Schedule, and shall be valid for a period of three months from the date of issue thereof.

Firearm certificate

 

(2)  A firearm certificate shall not be issued by an officer in charge of police except under the authority of a provisional firearm certificate issued by the Inspector-General.

 

 

10.  (1)  A person who wishes to obtain a firearm licence in respect of a firearm the full details of which are not known shall apply for a provisional firearm certificate in Form 11 in the Second Schedule.

Provisional firearm certificate

 

(2)  A provisional firearm certificate shall be issued by the Inspector-General in Form 13 in the Second Schedule and shall be valid for a period of nine months from the date of issue thereof.

 

 

(3)  Upon being furnished with the full details of the firearm to be acquired by the holder of a provisional firearm certificate and upon the surrender of such provisional certificate, the officer in charge of police shall issue a firearm certificate to the person named in such provisional firearm certificate:

 

 

Provided that no firearm certificate shall be issued in terms of this regulation in respect of a firearm of a type or calibre different from that specified in the provisional firearm certificate, nor shall there be endorsed in a firearm certificate issued in terms of this regulation particulars of ammunition which differ as to type, calibre or quantity from those specified in the provisional firearm certificate.

 

 

(4)  An officer in charge of police who issues a firearm certificate under the authority of a provisional firearm certificate shall within seven days thereafter return the provisional firearm certificate to the Inspector-General with the particulars of the firearm certificate endorsed thereon.

 

 

(5)  A provisional firearm certificate is valid for no purpose other than as authorisation by the Inspector-General to an officer in charge of police to issue a firearm certificate to the person named therein on compliance with the provisions of this regulation.  Accordingly, in particular, a provisional firearm certificate does not authorise the issue of a firearm licence.

(As amended by No. 157 of 1972)

 

 

11.  (1)  A firearm licence shall be issued by a licensing authority in Form 14 in the Second Schedule, and the receipt for the payment of any prescribed fee in respect therof shall be in Form 15 in the Second Schedule.

Firearm licence

 

(2)  All entries made in a firearm licence in respect of the sale or supply of ammunition shall be made in ink or by what is commonly known as a ball-point pen.

 

 

12.    A certificate of competency shall be issued by the officer in charge of police to whom the application for a firearm certificate or a provisional firearm certificate was made, and shall be in Form 16 in the Second Schedule.

Certificate of competency

 

13.    An authority to a member or employee of an association issued by an authorised officer in terms of subsections (4) and (5) of section seventeen of the Act shall be in Form 17 in the Second Schedule.

Associations

 

14.    An application for registration as a firearms dealer shall be in Form 18 in the Second Schedule and a certificate of registration shall be in Form 19 in such Schedule.

Registration of firearms dealers

 

15.    An application to a licensing authority for the issue or renewal of a firearms dealer's licence shall be in Form 20 in the Second Schedule, and a firearms dealer's licence shall be in Form 21 in such Schedule.

Firearms dealer's licence

 

16.  (1)  The particulars to be entered in a dealer's register kept in terms of section thirty-two of the Act shall be in accordance with Form 22 in the Second Schedule.

Dealer's register

 

(2)  A dealer's register shall be kept in duplicate and every dealer shall on or before the seventh day of each month forward to the Registrar the duplicate copy of his register relating to the preceding calendar month. Such copy shall be certified by the dealer as being a true record of his transactions as a firearms dealer during the month to which it relates.

 

 

17.  (1)  A permit under section thirty-five of the Act to repair, test or prove firearms or ammunition shall be in Form 23 in the Second Schedule and shall be valid for a period of one year from the date of issue thereof.

Permit to repair, test or prove firearms and ammunition

 

(2)  The Registrar shall not issue a permit under this regulation unless he is satisfied that-

 

 

(a)        the premises on which such repair, test or proof is to be carried out are so constituted as to be a secure place for the safe-keeping of firearms and ammunition;

 

 

(b)        suitable strong rooms, safes or other secure stores for the safe-keeping of firearms and ammunition are provided within such premises;

 

 

(c)        the premises and the strong rooms, safes and stores are fitted with suitable locks or appliances for ensuring the safe-keeping of firearms and ammunition within such premises and within such strong rooms, safes and stores;

 

 

(d)        the applicant for the permit is qualified either by training or experience to repair, test and prove firearms and ammunition.

 

 

(3)  Before issuing a permit under this regulation the Registrar may require the applicant to produce-

 

 

(a)        a certificate, issued by the Divisional Commander of the Division in which the premises in question are situate, in respect of each place at which the repair, test or proof of firearms or ammunition is to be carried out, that the premises in question comply with the requirements of paragraphs (a), (b) and (c) of sub-regulation (2);

 

 

(b)        a certificate that the qualifications of the applicant comply with the requirements of paragraph (d) of sub-regulation (2).

 

 

(4)  Any person who, for the purpose of procuring, whether for himself or for any other person, any such permit or any such certificate as is mentioned in this regulation, makes any statement which he knows to be false in any particular or does not believe to be true shall be guilty of an offence.

 

 

18.  (1)  Every holder of a permit issued in terms of regulation 17 shall maintain in duplicate a record of all firearms and ammunition received for test, repair or proof.  Such record shall be in Form 24 in the Second Schedule.

Record of repairs, etc.

 

(2)  Within seven days after the end of each calendar quarter, the holder of a said permit shall forward to the Registrar the duplicate thereof duly certified by such holder as being a true record of the firearms and ammunition received by him for repair, test or proof, whether or not such firearms or ammunition were actually repaired, tested or proved, during the period to which such record relates.

 

 

(3)  For the purposes of this regulation, "calendar quarter" means a period between and including the 1st January and the 31st March, the 1st April and the 30th June, the 1st July and the 30th September and the 1st October and the 31st December.

 

 

(4)  Any person who, without lawful excuse, fails to comply with the provisions of this regulation or who submits to the Registrar a record which is incorrect in any material particular shall be guilty of an offence.

 

 

19.  (1)  A transfer certificate issued for the purposes of section forty-two of the Act shall be in Form 25 in the Second Schedule and shall be valid for such period, not exceeding six months from the date of issue thereof, as may be stated therein.

Transfer certificate

 

(2)  Such certificate shall be issued by the Divisional Commander of the Division in which the borrower resides or by a police officer not below the rank of Sub-Inspector authorised in that behalf in writing by such Divisional Commander.

 

 

20.  (1)  Whenever a person is required to deposit a firearm or ammunition in a public warehouse, he shall be issued with a receipt which shall be in Form 26 in the Second Schedule.

Deposit in and withdrawal from public warehouse

 

(2)  No firearm or ammunition shall be withdrawn from a public warehouse except under the authority of a withdrawal permit, which shall be in Form 27 in the Second Schedule, and shall be issued by the Divisional Commander in whose Division such public warehouse is situate or such other police officer not below the rank of Sub-Inspector authorised in that behalf in writing by such Divisional Commander.

 

 

(3)  No permit for the withdrawal of a firearm or ammunition from a public warehouse shall be granted, except for the purpose of transfer to another public warehouse or a private warehouse, unless either a firearm licence is produced authorising the applicant for withdrawal to possess the firearm or ammunition or the applicant is authorised under the Act to possess that firearm or ammunition without a firearm licence.

 

 

(4)  A permit for the withdrawal of firearms or ammunition from a public warehouse may be granted subject to compliance with such conditions as shall be endorsed thereon, and any person who fails to comply with any such condition shall be guilty of an offence.

 

 

21.    Where possession is taken by a customs officer of any firearms or ammunition under section fifty-three of the Act, he shall issue a receipt in Form 28 in the Second Schedule and, as the case may be, hand it to the person from whom such possession was taken or send it by prepaid registered post to the consignee of such firearms or ammunition.

Taking possession of firearms or ammunition by customs officer

 

22.    The officer in charge of a public warehouse shall keep a record, in Form 29 in the Second Schedule, of all deposits in and withdrawals from the public warehouse and shall forward a duplicate of such record to the Registrar at the end of each month.

Record of deposits and withdrawals

 

23.  (1)  An information on oath sworn before a magistrate for the purpose of the issue of a search warrant shall be in Form 30 in the Second Schedule.

Search warrants

 

(2)  A search warrant issued under section fifty of the Act shall be in Form 31 in the Second Schedule.

 

 

24.  (1)  Any officer specified in sub-regulation (2) may, before registration under the provisions of section eight of the Act, require a firearm or a package of ammunition, which is not adequately stamped or marked as to be easily identified, to be stamped or marked with the appropriate distinctive letters as set out hereunder:

Chadiza           . .         . .         . .         CD

Chililabombwe            . .         ..         CB

Chingola          . .         . .         . .         CA

Chinsali           . .         . .         . .         CH

Chipata            . .         . .         . .         CP

Choma. .         . .         . .         CO

Feira    . .         . .         . .         . .         FI

Gwembe          . .         . .         . .         GE

Isoka   . .         . .         . .         . .         IS

Kabompo        . .         . .         . .         KO

Kabwe Rural   . .         . .         KR

Kabwe Urban  . .         . .         KB

Kalabo. .         . .         . .         . .         KA

Kalomo           . .         . .         . .         KL

Kalulushi         . .         . .         . .         KU

Kaoma. .         . .         . .         . .         KM

Kasama           . .         . .         . .         KS

Kasempa         . .         . .         . .         KE

Katete. .         . .         . .         . .         KT

Kawambwa     . .         . .         KW

Kitwe  . .         . .         . .         . .         KI

Livingstone     . .         . .         LR

Luanshya         . .         . .         . .         LA

Lundazi           . .         . .         . .         LU

Lusaka. .         . .         . .         LS

Luwingu          . .         . .         . .         LW

Mansa  . .         . .         . .         . .         MS

Mazabuka        . .         . .         . .         MA

Mbala  . .         . .         . .         . .         ML

Mkushi            . .         . .         . .         . .         MK

Mongu. .         . .         . .         . .         MO

Mpika  . .         . .         . .         . .         MI

Mporokoso. .   . .         . .         MP

Mufulira          . .         . .         . .         MU

Mumbwa         . .         . .         . .         MB

Mwinilunga     . .         . .         MW

Namwala         . .         . .         ..         NA

Nchelenge       . .         . .         . .         NC

Ndola Rural    . .         . .         ND

Ndola Urban   . .         . .         NU

Petauke           . .         . .         . .         PE

Samfya            . .         . .         . .         SA

Senenga           . .         . .         . .         SN

Serenje            . .         . .         . .         SE

Sesheke           . .         . .         . .         SH

Solwezi           . .         . .         . .         SO

Zambezi          . .         . .         . .         ZA

Stamping and markings of firearms

 

(2)  The registration of firearms and all ammunition imported into Zambia shall be effected as follows:

 

 

(a)        in the case of firearms or ammunition which have been deposited in a private warehouse, by the Registrar;

 

 

(b)        in the case of firearms or ammunition which have been deposited in a public warehouse, by the officer in charge of police in whose area the public warehouse concerned is situate.

 

 

(3)  Any person who, on demand by the Registrar or any officer deputed by him in that behalf, or an officer in charge of police, refuses or wilfully fails to deliver to such officer a firearm or a package of ammunition required to be stamped or marked in accordance with the provisions of sub-regulation (1) shall be guilty of an offence.

 

 

25.    The quantity of ammunition authorised to be possessed at any one time under a firearm licence in respect of each firearm specified therein shall not exceed the amounts shown below:

Pistol   . .         . .         . .         . .         . .           50 rounds

Rifle (.22 calibre or below)     . .         . .         100 rounds

Rifle (above .22 calibre)          . .         . .           50 rounds

Shotgun           . .         . .         . .         . .         100 rounds

Gunpowder     . .         . .         . .             2 pounds

Caps    . .         . .         . .         . .         . .         100

Quantity of ammunition authorised to be held

 

Provided that-

 

 

(i)         nothing in this regulation shall apply to any quantity of ammunition possessed by an approved club under the provisions of regulation 7 of the Firearms (Control of Shooting Clubs) Regulations;

 

 

(ii)        the Inspector-General may in his absolute discretion authorise in writing the holder of a firearm licence to possess a quantity of ammunition in excess of that authorised by this regulation solely for industrial, commercial or agricultural purposes.

(As amended by S.I. No. 83 of 1997)

 

 

26.  (1)  The quantity of ammunition authorised to be acquired in any one year under a firearm licence in respect of each firearm specified therein shall not exceed the amounts specified below:

Pistol   . .         . .         . .         . .         . .            10 rounds

Rifle (.22 calibre or below)     . .         . .         200 rounds

Rifle (above .22 calibre)          . .         . .         150 rounds

Shotgun           . .         . .         . .         . .         200 rounds

Gunpowder. .  . .         . .         . .             4 pounds

Caps    . .         . .         . .         . .         . .         200

Quantity of ammunition authorised to be acquired

 

(2)  For the purposes of this regulation the term "any one year" shall mean the period between and including the 1st January and the 31st December:

 

 

Provided that-

 

 

(i)         nothing in this regulation shall apply to any quantity of ammunition acquired by an approved club under the provisions of regulation 7 of the Firearms (Control of Shooting Clubs) Regulations;

 

 

(ii)        the Inspector-General may in his absolute discretion authorise in writing the holder of a firearm licence to acquire a quantity of ammunition in excess of that authorised by this regulation solely for industrial, commercial or agricultural purposes;

 

 

(iii)       nothing in this regulation shall authorise the holder of a firearm licence to acquire a quantity of ammunition which in the aggregate of that quantity already possessed by such person exceeds the quantity authorised to be held at any one time by regulation 25.

(As amended by No. 264 of 1970 and S.I. No. 83 of 1997)

 

 

27.    The quantity of ammunition authorised to be imported, acquired or possessed at any one time by the holder of a tourist's import permit in respect of each firearm specified therein shall not exceed the amounts specified below:

Pistol   . .         . .         . .         . .         . .           50 rounds

Rifle (.22 calibre or below)     ..         . .         400 rounds

Rifle (above .22 calibre)          . .         . .         150 rounds

Shotgun           . .         . .         . .         . .         200 rounds

(As amended by S.I. No. 83 of 1997)

Quantities of ammunition: tourists

 

28.  (1)  The Minister shall specify to the Registrar, by means of a notification of annual allocation, the number of firearms of diverse types and the quantities of ammunition which may be authorised by the Registrar for importation into Zambia by registered firearms dealers during any one year.

Annual allocation

 

(2)  The annual allocation shall be notified in writing by the Minister to the Registrar not later than the 31st January in each year in question, and the Minister need not make public the contents of such annual allocation.

 

 

(3)  The Minister may, either of his own volition or on application by the Registrar, vary at any time the contents of the annual allocation.

 

 

29.  (1)  The licensing authorities in respect of areas other than those mentioned in the second column of the Third Schedule are specified in paragraph (a) of section five of the Act.

Licensing authorities

 

(2)  The licensing authority for the area within a District specified in the first column of the Third Schedule, exclusive of areas within that District for which licensing authorities are specified in paragraph (a) of section five of the Act, shall be the authority set out opposite thereto in the second column of the said Schedule.

 

 

30.    With the permission of the officer in charge of a public warehouse and subject to any conditions which may be imposed by him, the owner of a firearm deposited therein or his agent or servant shall have access to that firearm for the purpose of cleaning the firearm.

Access to firearms

 

31.    All air guns the barrels of which are rifled are hereby declared to be specially dangerous and accordingly are firearms within the meaning of the Act.

Specially dangerous air guns

 

32.    Any person found guilty of an offence under these Regulations shall be liable on conviction to a fine not exceeding seven thousand five hundred penalty units or to imprisonment for a term not exceeding one year, or to both.

(As amended by Act No. 13 of 1994)

Penalties

 

33.    The Firearms Regulations, contained in Chapter 111 of the Revised Edition, are hereby revoked:

Revocation and savings

 

Provided that any licence, certificate, permit or other authorisation issued under the provisions of the said Regulations shall have effect during its period of validity, and during such period the holder thereof shall not be required to obtain any corresponding licence, certificate, permit or other authorisation under these Regulations.

 

 

FIRST SCHEDULE

 

 

(Sections 31 and 58)

 

 

PRESCRIBED FEES

 

 

Certificate, Licence or Permit                              Fee units

1.  Tourist's import permit                                  222

2.  Certificate of exemption                                    56

3.  Firearms licence:

(a)         in respect of each rifle or pistol entered on licence         222

(b)         in respect of each breech-loading firearm other than a rifle or
pistol     167

(c)         in respect of each muzzle-loading firearm                       112

4.  Duplicate firearm licence            56

5.  Certificate of exemption (antique firearm)            56

6.  Firearm dealer's licence            1,111

7.  Permit for repair, test or proof            56

8.  Where a further firearm is entered on a firearm licence under
     subsection (8) of section thirteen the fee payable in respect of that
     firearm shall be one half of the fee prescribed therefor under item (3)
     of this Schedule for each year or part of a year for which the firearm
     licence continues to be in force.

(As amended by S.I. No. 37 of 1997)

 

 

SECOND SCHEDULE

 

 

(Regulation 2)

 

 

AUTHORISED OFFICERS

 

 

Column 1                                                        Column 2

Provisions of the                                              Authorised Officers

       Act

Section 8 (1)         The Registrar or any police officer of or above the rank of Sub-Inspector deputed by him in that behalf.

Section 8 (4)         The Registrar or any police officer of or above the rank of Sub-Inspector deputed by him in that behalf.

Section 11 (13)                   The Divisional Commander of the Division in which the applicant resides.

Section 12 (9)         The Registrar or any Divisional Commander or any officer in charge of police.

Section 13 (10)                A person employed by a licensing authority when issuing, varying or renewing a firearms licence, or the Inspector-General or any officer in charge of police when endorsing a licence in terms of section 22 (2) of the Act, or any person selling or supplying any ammunition to the holder when recording the sale or supply of such ammunition in the section of the firearm certificate relating to ammunition pursuant to section 13 (3) (b) of the Act.

Section 17 (4)       The officer in charge of police of the police station in whose area the holder of the licence or certificate resides.

Section 20           Any officer defined as such in section 2 of the Customs and Excise Act (Cap. 322); any immigration officer or immigration assistant defined as such in section 2 of the Immigration and Deportation Act (Cap. 123); any wildlife officer defined as such in section 2 of the National Parks and Wildlife Act (Cap. 201); any honorary wildlife ranger appointed under section 7 of the National Parks and Wildlife Act (Cap. 201); or any authorised officer defined as such in section 2 of the Protected Places and Areas Act (Cap. 125).

Section 21           Any officer defined as such in section 2 of the Customs and Excise Act (Cap. 322); any immigration officer or immigration assistant defined as such in section 2 of the Immigration and Deportation Act (Cap. 123).

Section 22 (3)      The Registrar.

Section 25 (1) (ii)            The Divisional Commander of the Division in which the auction is to take place.

Section 29 (1)      Nil, other than any police officer.

Section 32 (3)      Any police officer.

Section 34 (4)     Nil, other than any police officer.

Section 35 (1)      The Registrar.

Section 36 (1)      The Divisional Commander of the Division in which the applicant resides.

Section 39 (2)      Any police officer of or above the rank of Sub-Inspector.

Section 44 (1)      Any police officer of or above the rank of Sub-Inspector.

Section 50           Any officer defined as such in section 2 of the Customs and Excise Act (Cap. 322).

 

 

THIRD SCHEDULE

 

 

LIST OF FORMS

 

 

  1.  Firearms dealer's import permit.

  2.  Application for firearms dealer's export permit.

  3.  Firearms dealer's export permit.

  4.  Application for tourist's import/export permit.

  5.  Tourist's import/export permit.

  6.  Resident's export permit.

  7.  Application for certificate of exemption in respect of a slaughtering instrument/industrial
       bolt-firing instrument/signalling apparatus/antique firearm.

  8.  Certificate of exemption in respect of a slaughtering instrument which is not of the captive-bolt
       type/industrial bolt-firing instrument/signalling apparatus/antique firearm.

  9.  Application for certificate of exemption for auctioneer.

10.  Certificate of exemption for auctioneer.

11.  Application for firearm certificate/provisional firearm certificate.

12.  Firearm certificate.

13.  Provisional firearm certificate.

14.  Firearm licence.

15.  Receipt for firearm licence fees.

16.  Certificate of competency.

17.  Authority to possess, carry and use a firearm and ammunition owned by an association.

18.  Application for registration as a firearms dealer.

19.  Certificate of registration as a firearms dealer.

20.  Application for issue/renewal of firearms dealer's licence.

21.  Firearms dealer's licence.

22.  Dealer's register.

23.  Permit to repair, test or prove firearms (other than by a registered firearms dealer).

24.  Return of repairs, test or proof carried out by a person other than a firearms dealer.

25.  Transfer certificate.

26.  Receipt for firearm or ammunition deposited in a public warehouse.

27.  Permit for withdrawal of firearms and ammunition from a public warehouse.

28.  Receipt for firearm or ammunition taken into possession by a customs officer.

29.  Record of deposits and withdrawals from public warehouse.

30.  Information to ground search warrant.

31.  Search warrant.

 

 

 

FORM 1

(Regulation 3)

REPUBLIC OF ZAMBIA

 

 

THE FIREARMS ACT

 

 

THE FIREARMS REGULATIONS

No. .......................

 

 

FIREARMS DEALER'S IMPORT PERMIT

 

 

Permission is hereby granted to (name in full)             
of (address)    
           
           
 who is the holder of Firearms Dealer's Licence No. ..................dated           
to import the firearms and ammunition specified hereunder:

FIREARMS:

Quantity and description       
           
           

AMMUNITION:

Quantity and description       
           
           
           

CONDITIONS SUBJECT TO WHICH THIS PERMIT IS HELD:           
           
           
           

FEE UNITS PAID: 60

DATE STAMP

  

 

 

Registrar

ORIGINAL to Firearms Dealer

DUPLICATE and TRIPLICATE to Controller of Customs and Excise

QUADRUPLICATE to be retained by Registrar

(As amended by Act No. 13 of 1994)

 

 

FORM 2

(Regulation 3)

 

 

REPUBLIC OF ZAMBIA

 

 

THE FIREARMS ACT

 

 

THE FIREARMS REGULATIONS

 

 

APPLICATION FOR FIREARMS DEALER'S EXPORT PERMIT

 

 

To:  The Registrar

       Central Firearms Registry

       P.O. Box RW.103

       Lusaka

I (full name)     
of (firm)            
of (address)    
           
             
being the holder of Firearms Dealer's Licence No.      
dated    
apply for a permit to export the firearms and ammunition specified hereunder:

FIREARMS:

                   Type                                Make                 Calibre              Serial No.

-------------------------------                              ---                         ---          

-------------------------------                              ---                         ---          

-------------------------------                              ---                         ---          

-------------------------------                              ---                         ---          

-------------------------------                              ---                         ---          

State which, if any, of the above firearms are fully automatic.

 

AMMUNITION:

Quantity and description       
           
           
           

Is the exportation permanent or temporary?    To whom does the
firearm(s)/ammunition belong? (if not the property of the applicant dealer, give name and address of owner)      
           
           
           

Number and date of issue of Firearm Licence if firearm(s)/ammunition are not the property of the applicant dealer:
No.     
date of issue ........................................................

State precise reason for exportation (e.g. repair, dealer acting as agent or supplier for person not resident in Zambia, etc.)  
           
           

What is the country of ultimate destination?

Which is the port of exit from Zambia?         

What is the name of the consignee?  

What is the address of the consignee?           
           
           
           

By what method of transportation will the export be effected?       
           

State details (if known) of the particulars of any Import Permit or other document authorising the consignee to import or possess the firearm(s)/ammunition in the country of ultimate destination   
           
           

    I certify that the above information is correct and I am aware that it is an offence to contravene any conditions upon which the permit may be issued.

....................................................................................             ...............................................................................................

                        Date                           Signature of Firearms Dealer

 

 

Application approved/not approved

......................................................................................

Registrar

    Number and date of issue of Firearms Dealer's Export Permit issued      
           
           

 

 

 


 

FORM 3

(Regulation 3)

REPUBLIC OF ZAMBIA

 

 

THE FIREARMS ACT

 

 

THE FIREARMS REGULATIONS

No. ...........................

 

 

FIREARMS DEALER'S EXPORT PERMIT

 

 

Permission is hereby granted to (name in full)           
           
 of (address)     
           
           
who is the holder of Firearms Dealer's Licence No     
dated    
to export the firearms and ammunition as hereunder specified:

FIREARMS:

                   Type                                Make                 Calibre              Serial No.

-------------------------------                              ---                         ----------------------

-------------------------------                              ---                         ----------------------

-------------------------------                              ---                         ----------------------

-------------------------------                              ---                         ----------------------

AMMUNITION:

Quantity and description       
           
           

Country of ultimate destination         
           

Port of exit from Zambia       

Name of consignee    
           

Address of consignee            
           
           

Method of transportation (road, rail, air, etc.)           
           

Exportation is temporary/permanent (delete whichever is inapplicable).

Conditions subject to which this permit is held         
           
           

FEE UNITS PAID: 6

    

DATE STAMP            Registrar

This permit will remain valid for a period of three months from the date of issue and if not utilised within such period must be returned to the Registrar. The Fee Paid is not returnable.

ORIGINAL to Firearms Dealer

DUPLICATE and TRIPLICATE to Controller of Customs and Excise

QUADRUPLICATE to be retained by Registrar

(As amended by Act No. 13 of 1994)

 

 

FORM 4

(Regulation 4)

 

 

REPUBLIC OF ZAMBIA

 

 

THE FIREARMS ACT

 

 

THE FIREARMS REGULATIONS

 

 

APPLICATION FOR TOURIST'S IMPORT/EXPORT PERMIT

 

 

Applicant's surname (or last name)    

Other names (forenames)       

Date and place of birth          

Residential address    
           
           

Postal address (or address to which you wish the permit to be posted)         
           
           

Address in Zambia     
           
           

Passport No. .........................................Place of issue           

Date of issue  

Particulars of firearm(s) and ammunition for which permit is required.

FIREARMS:

                   Type                                Make                 Calibre              Serial No.

-------------------------------                              ---                         ---          

-------------------------------                              ---                         ---          

-------------------------------                              ---                         ---          

-------------------------------                              ---                         ---          

AMMUNITION:

Quantity and description       
           
           
           

*(a) Name of approved safari company with whom you are booked           
           
           

*(b) Name of shooting competition in Zambia in which you are taking part            
           
           

Port of entry into Zambia      

Port of exit from Zambia       

Proposed date of entry into Zambia  

Proposed date of departure from Zambia      

    I certify that the above information is correct and I enclose the fee of 60 fee units in the form of (e.g. cash, cheque, postal order, etc.)              which I
understand will be refunded to me if this application is not approved.

......................................................................................               ...........................................................................................

                                     Date                                                                                      Signature of Applicant

             Receipt No. and date if fee is paid to a Zambian
Diplomatic Mission outside Zambia.

 

 

*Delete (a) or (b) as applicable

 

 

Application *approved/not approved

Tourist's Import/Export permit No. ............................. dispatched on (date) .............to address as requested by applicant.

.....................................................................................             ..............................................................................................

                        Date                                                           Registrar

           

To be completed only if application is not approved.

*To (name of applicant)         

    I regret to inform you that your application for a Tourist's Import/Export permit has not been approved and I return herewith by prepaid registered post the sum of 60 fee units.

*To (name of Zambian Diplomatic Mission outside Zambia)

           

    I refer to an application made by     for a Tourist's
Import/Export permit and am to advise that this application has not been approved. Please advise the applicant accordingly and refund to him the fee paid.

................................................................................................         .......................................................................................

                        Date                                                           Registrar

 

 

*Delete as applicable

(As amended by Act No. 13 of 1994)

 

 


 

FORM 5

(Regulation 4)

 

 

REPUBLIC OF ZAMBIA

 

 

THE FIREARMS ACT

 

 

THE FIREARMS REGULATIONS

 

 

TOURIST'S IMPORT/EXPORT PERMIT

 

 

No. .........................

1. Permission is hereby granted to (name in full)       
             
of (residential address)          
           
           

Address in Zambia     

Passport No. ....................................... Place of issue            

Date of issue    
to import into the Republic of Zambia the firearms and ammunition specified hereunder:

FIREARMS:

                   Type                                Make                 Calibre              Serial No.

-------------------------------                              ---                         ---          

-------------------------------                              ---                         ---          

-------------------------------                              ---                         ---          

-------------------------------                              ---                         ---          

AMMUNITION:

Quantity and description       
           
           

This permit is subject to the following conditions:

(1)  no ammunition imported under the authority of this permit shall be used except in connection with a shooting competition or a hunting safari conducted by an approved safari company;

(2)  the firearms specified in this permit and any unused ammunition imported thereunder shall be removed from the Republic within six calendar months of the date of import;

(3)  no such firearms or unused ammunition shall be removed from the Republic except under the authority of a tourist's export permit, and unless the export permit is surrendered to a customs officer at the port of exit by the tourist or his agent;

(4)  (further conditions, if any)           
           
           
           
           

*(a) Name of approved safari company with whom applicant is booked     
           

*(b) Name of shooting competition in Zambia in which applicant is taking part      
           

Port of entry into Zambia      

Port of exit from Zambia       

Proposed date of entry into Zambia  

Proposed date of departure from Zambia      

 

 

*Delete (a) or (b) as applicable

FEE PAID: 60 fee units

             Receipt No. and date if fee paid to Zambian Diplomatic
Mission abroad.

DATE STAMP

   .

Registrar

 

 

TOURIST'S EXPORT PERMIT

 

 

2.  Permission is hereby granted to (name in full)        
           
to export from the Republic of Zambia the firearms and ammunition specified hereunder:

FIREARMS:

                         Description                                                         Serial No.

------------------------------------------------------------     

------------------------------------------------------------     

------------------------------------------------------------     

------------------------------------------------------------     

AMMUNITION:

Quantity and description       
           
           

DATE STAMP

 

Registrar

 

 

ORIGINAL to Tourist

DUPLICATE and TRIPLICATE to Controller of Customs and Excise

QUADRUPLICATE to be retained by Registrar

(As amended by Act No. 13 of 1994)

 

 


 

FORM 6

(Regulation 5)

 

 

REPUBLIC OF ZAMBIA

 

 

THE FIREARMS ACT

 

 

THE FIREARMS REGULATIONS

 

 

RESIDENT'S EXPORT PERMIT

 

 

(NOT to be issued to a Registered Firearms Dealer except in his private capacity)

Permission is hereby granted to (name in full)             
           
of (residential address)          
           
           

Postal address              
           
to remove the following firearm(s) or ammunition from the Republic:

*(a)   temporarily, for the period from             to ..................... or

*(b)   permanently:

FIREARMS:

                                                                                                                  Firearm

            Type                              Make               Calibre    Serial No.     Licence No.

-------------------------      ---------------      ------------      ---------          

-------------------------      ---------------      ------------      ---------          

-------------------------      ---------------      ------------      ---------          

-------------------------      ---------------      ------------      ---------          

AMMUNITION:       
           
           

 

    This permit is issued and held subject to the condition that if the firearm(s) specified above is/are not removed from Zambia within three months of the date of issue it must be returned to the Registrar.

..........................................................................................      Signed ....................................................................................

                        Date                                                           Registrar

 

 

*Delete as applicable

    Received from the above named person who states he is leaving Zambia permanently Firearm Licence No. ......................................................dated......................................................

Signed ...................................................................................

Authorised Officer

 

 

ORIGINAL to Applicant

DUPLICATE to be retained by Registrar

NOTE-This permit must be produced to a customs officer at the port of exit and if you are leaving Zambia permanently your firearm licence must be surrendered to such officer.

 

 

 


 

FORM 7

(Regulation 6)

REPUBLIC OF ZAMBIA

 

 

THE FIREARMS ACT

 

 

THE FIREARMS REGULATIONS

 

 

APPLICATION FOR CERTIFICATE OF EXEMPTION IN RESPECT OF:
*A SLAUGHTERING INSTRUMENT/INDUSTRIAL BOLT-FIRING INSTRUMENT/
SIGNALLING APPARATUS/ANTIQUE FIREARM

 

 

*Delete whichever is inapplicable

To:  Officer Commanding

       ..........................................................Division

       Zambia Police

Applicant's surname (or last name)    

Other names (forenames)       

National Registration Card No.         

Date and place of birth          

Residential address    
           

Postal address            
           

If the owner of the *instrument/apparatus/antique firearm is an association, what is the name of such
association?    

Situation of registered office (if any)

Situation of the place at which the *instrument/apparatus/antique firearm will be kept       
           

State the precautions which will be taken to ensure the security of the *instrument/apparatus and the ammunition therefor when not in use (this question need not be answered in respect of an antique firearm)
           
           

What modifications have been carried out to render the antique firearm permanently incapable of being brought into use as a firearm?      
           
           

What is the year of manufacture of the antique firearm? (if unknown, state estimated age)  
From whom or where is the antique firearm to be acquired? (name and address)      
           

(a)     Description of *instrument/apparatus/antique firearm indicating, where applicable, the calibre and Serial No.
           
           

(b)    Ammunition for *instrument/apparatus in respect of which application is made for possession      
           
           

 

    I certify that the above information, to the best of my knowledge and belief, is true.

...........................................................................................            .........................................................................................

                                     Date                                                                                    Signature of Applicant

 

 

*Delete as applicable

To: Registrar

    I have to inform you that Certificate of Exemption No.     
was issued to the applicant on           

          

Divisional Commander

 

 

ORIGINAL to Registrar upon issue of certificate

DUPLICATE to be retained

 

 

 


 

FORM 8

(Regulation 6)

REPUBLIC OF ZAMBIA

 

 

THE FIREARMS ACT

 

 

THE FIREARMS REGULATIONS

No. .........................

 

 

CERTIFICATE OF EXEMPTION IN RESPECT OF:
*A SLAUGHTERING INSTRUMENT WHICH IS NOT OF THE CAPTIVE-BOLT TYPE/INDUSTRIAL BOLT-FIRING INSTRUMENT/SIGNALLING APPARATUS/ANTIQUE FIREARM

 

 

    I hereby certify that the undermentioned is authorised to possess the *instrument/apparatus/antique firearm/ammunition specified below without holding a firearm licence in respect thereof:

Name in full   

Residential address    
           
           

Postal address            
           

National Registration Card No.         

(a)    Description of *instrument/apparatus/antique firearm, indicating, where applicable, the calibre and Serial No.
           
           

(b)    Ammunition      
           
           

This certificate is valid for one year with effect from the date of issue.

FEE PAID: 8 fee units

                        ...........................................................................................    Signed             

                                   Date                                                                                       Divisional Commander

  

Division

 

 

*Delete as applicable

ORIGINAL to Applicant

DUPLICATE to support field cash book entry

TRIPLICATE to Registrar

QUADRUPLICATE to remain in book

(As amended by Act No. 13 of 1944)

 

 


 

FORM 9

(Regulation 7)

 

 

REPUBLIC OF ZAMBIA

 

 

THE FIREARMS ACT

 

 

THE FIREARMS REGULATIONS

 

 

APPLICATION FOR CERTIFICATE OF EXEMPTION FOR AUCTIONEER

 

 

To:  Officer Commanding

         ...................................... Division

       Zambia Police

Applicant's surname (or last name)    

Other names (forenames)       
of (firm)            
of (address)    
            .

Address of registered office  
           
           

Full description of facilities possessed to ensure the security of firearms and ammunition  
           
           

From whom are the firearms and ammunition to be acquired?

                                                                                                 Owner's Firearm

                   Name                                        Address                         Licence No.

--------------------------------------                                            ---   

--------------------------------------                                            ---   

--------------------------------------                                            ---   

--------------------------------------                                            ---   

Address of premises upon which auction will be conducted            
           
           

Address of premises upon which the firearms and ammunition will be stored whilst in your custody
           
           

Firearms and ammunition in respect of which an auctioneer's permit of exemption is applied for:

FIREARMS: (each firearm to be described separately. If this space is insufficient, append separate inventory.)

                   Type                                Make                 Calibre              Serial No.

-------------------------------                              ---                         ---          

-------------------------------                              ---                         ---          

-------------------------------                              ---                         ---          

AMMUNITION:

               Quantity                                                      Description

-----------------------------------------          

-----------------------------------------          

-----------------------------------------          

-----------------------------------------          

    I certify that the above information, to the best of my knowledge and belief, is true.

.............................................................................................        ...........................................................................................

                        Date                                       Signature of Applicant

 

 

 

FORM 10

(Regulation7)

REPUBLIC OF ZAMBIA

 

 

THE FIREARMS ACT

 

 

THE FIREARMS REGULATIONS

No. .........................

 

 

CERTIFICATE OF EXEMPTION FOR AUCTIONEER

 

 

    I hereby certify that the undermentioned is authorised to possess for sale by auction, the firearm(s) or ammunition specified below without holding a firearm licence in respect thereof:

Full name         
of (firm)            
of (address)    

FIREARMS:

                                                                                            For sale           Owner's

                                                                                           on behalf           Firearm

                                                                                               of (full            Licence

       Type                    Make          Calibre    Serial No.           name)                   No.

----------------------                    ---                                        ------------                 

----------------------                    ---                                        ------------                 

----------------------                    ---                                        ------------                 

----------------------                    ---                                        ------------                 

AMMUNITION:

                                                                                                                Owner's

                                                                           For sale on                  Firearm

          Quantity                    Description                 behalf of             Licence No.

----------------------------      ----------------------                         ---          

----------------------------      ----------------------                         ---          

----------------------------      ----------------------                         ---          

----------------------------      ----------------------                         ---          

upon the following premises  
           

Conditions to be observed for the safe custody of firearms and ammunition          
           

This certificate is valid until   

    Any firearm or ammunition sold under authority of this certificate must not be given into the actual possession of the purchaser unless he produces to the holder of this certificate a valid licence or permit authorising him to possess such firearm or ammunition.

    This certificate is to be returned to the Divisional Commander who issued it not later than the date of expiry, with the return on the reverse hereof duly completed by the holder.

FEE PAID: 8 fee units

...........................................................................................          ...........................................................................................

                        Date                                    Divisional Commander

ORIGINAL to Applicant

DUPLICATE to support field cash book entry

TRIPLICATE to Registrar

QUADRUPLICATE to be retained

    The Divisional Commander shall, on return of this certificate to him by the holder, forward it to the Registrar after endorsing the particulars of the return overleaf on the reverse of the quadruplicate of this certificate.

(As amended by Act No. 13 of 1994)

 

 

    I hereby certify that I the undersigned have, on the date indicated, sold to the undermentioned person(s), the firearms and ammunition held by me under authority of this certificate and which are set out below opposite my signature and that I have entered the full particulars of ammunition sold in the "Record of Ammunition Supplied" portion of the purchaser's firearm licence.

 

 

 

Date

Full Name of Purchaser

No. and Date of issue of Purchaser's Firearm

Firearms(s) Sold

Quantity and Description of Ammunition Sold

Signature of Auctioneer

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

    If all or some of the firearms and/or ammunition remain unsold, give details of their disposal by Auctioneer:

           
            ...........

 

                                                  ....................................................................................                                                                                             

                                                                                      Date  Signature of Applicant

 

 

 


 

FORM 11

(Regulation 8)

 

 

REPUBLIC OF ZAMBIA

 

 

THE FIREARMS ACT

 

 

THE FIREARMS REGULATIONS

 

 

APPLICATION FOR *FIREARM CERTIFICATE/PROVISIONAL FIREARM CERTIFICATE

 

 

..................................... Police Station

To be completed in Triplicate

ORIGINAL and DUPLICATE to Commissioner

TRIPLICATE to be retained by Officer in Charge

 

 

PART I

Applicant's surname (or last name)    

Other names (forenames)       

Date and place of birth          

Address (residential)  
           

Address (postal)         
           

Occupation     

Nationality     

National Registration Card No.         

Particulars of Passport (Non-Zambians only).           

Passport No. ......................................................       Place of issue   

Date of issue ................................................

Particulars of firearm(s) and ammunition for which certificate is required:

FIREARMS:

                Type                             Make                    Calibre                Serial No.**

----------------------------      ----------------------                         ---          

----------------------------      ----------------------                         ---          

----------------------------      ----------------------                         ---          

----------------------------      ----------------------                         ---          

AMMUNITION:

Quantity, calibre and type applied for           
           
           
           

 

 

 (If application is for provisional firearm certificate these particulars need not be supplied on this application)

State which, if any, of the above firearms is fully automatic            
           
           

From whom firearm(s) to be acquired           

           

           

State purpose for which firearm(s) required  
           
           

State No. and date and place of issue of any current or previously held Zambia Firearm Licence or Certificate            
           
           

 

 

State details of ANY conviction(s) against the applicant within or outside Zambia together with sentences imposed in respect thereof or, where there is no conviction against the applicant, state 'NIL':

                                                   Date of                  Place of                 Sentence

        Offence(s)                     Conviction              Conviction                  Imposed

----------------------------      ----------------------                         ---          

----------------------------      ----------------------                         ---          

----------------------------      ----------------------                         ---          

----------------------------      ----------------------                         ---          

    I certify that the above information is correct and I am aware that it is an offence to make any false statement for the purpose of procuring a Firearm Certificate or Provisional Firearm Certificate.

--------------------------------------------                 

                                       Date                                                                               Signature or right thumbprint
                                                                                                                                            of applicant

 

 

*Delete as applicable

________________________________________________________________________________________________

 

 

PART II

Certificate to be signed by the Officer in Charge of Police if the applicant is unable to understand the English language.

I hereby certify that I have translated the above particulars from       
(language) into English and explained to the applicant in     

................................................................................

Officer in Charge of Police or other Police
Officer not below the rank of Sub-Inspector

 

 

________________________________________________________________________________________________

PART III

Inspector-General of Police,

Lusaka.

    I hereby certify that none of the prohibitions set out in section 12 (4) of the Act applies.

    A certificate of competency *has been issued/is considered unnecessary in this case.

    DATE STAMP                                                      

                                                                                                           Officer in Charge of Police

 

 

*Delete as applicable

________________________________________________________________________________________________

 

 

PART IV

Comments of Officer in Charge Criminal Record Office     
           
           
           

 

 

________________________________________________________________________________________________

PART V

 

 

(to be detached)

ORIGINAL to Applicant

DUPLICATE to Officer in Charge of Police to whom DATE STAMP
    application was made

TRIPLICATE to be retained

 

Sir,

    I am to advise you that your application for a *Provisional Firearm Certificate/Firearm Certificate *has/has not been approved.

    *I am to request that you produce the enclosed Provisional Firearm Certificate to the Officer in Charge of
             Police Station in order that a Firearm Certificate may be issued.

    *I am to request that you produce the enclosed Firearm Certificate to the Licensing Authority in whose area you reside in order that a Firearm License may be issued.

                                                               I am, Sir,

                                                                       your obedient servant

                                                                                                                       

       Inspector-General of Police

Name of Applicant    

Postal address            
           

 

 

*Delete as applicable

(As amended by No. 183 of 1971).

 

 


 

FORM 12

(Regulation 9).

 

 

REPUBLIC OF ZAMBIA

 

 

THE FIREARMS ACT

 

 

THE FIREARMS REGULATIONS

No. ...............................

 

 

FIREARM CERTIFICATE

 

 

Authority is hereby given to (name in full)      
           
of (residential address)            
           
of (postal address)       
           
to be issued with a Firearm Licence in respect of the firearm(s) and ammunition specified hereunder:

FIREARMS:

                Type                              Make                   Calibre                Serial No.

----------------------------      ----------------------                         ---                      

----------------------------      ----------------------                         ---          

----------------------------      ----------------------                         ---          

----------------------------      ----------------------                         ---          

AMMUNITION:

(a)   Quantities authorised to be purchased in any one year (type, calibre)   
           
           

(b)   Quantities authorised to be held at any one time (type, calibre)            
           
           

The Firearm Licence which is hereby authorised to be granted to the holder of this certificate shall be held subject to the following conditions
           
           

This certificate will remain valid for a period of three months from the date of issue.

DATE STAMP                                                          

                               Inspector-General of Police or Officer in Charge of
                                           Police in terms of Provisional Firearm
                                                                                   Certificate No.
.....................

ORIGINAL to Applicant to be surrendered to the Licensing Authority when Firearm License is issued

DUPLICATE to be retained or, if issued on authority of a Provisional Firearm Certificate, to be forwarded to the Inspector-General of Police by the Officer in Charge

 

 

 


 

FORM 13

(Regulation 10)

REPUBLIC OF ZAMBIA

 

 

THE FIREARMS ACT

 

 

THE FIREARMS REGULATIONS

No. ................................

 

 

PROVISIONAL FIREARM CERTIFICATE

 

 

Authority is hereby given to the officer in charge of police at            
Police Station on notification to him of the description and serial number of the firearm in question, on my behalf to issue to (full name)             
of (residential address)          
             
(postal address)            
           
a firearm certificate in respect of a firearm and ammunition, the general description of the type and calibre of which is specified hereunder:

FIREARM: (General description and calibre)          
           
           
           

 

AMMUNITION:

(a)   Quantities authorised to be purchased in any one year (type, calibre)   
           
           

(b)   Quantities authorised to be held at any one time (type, calibre)            
           
           

The firearm certificate which is hereby authorised to be granted to the applicant in respect thereof shall be endorsed with the following conditions whereby a firearm license shall be granted to him            
           
           

This provisional firearm certificate will remain valid for a period of nine months from the date of issue and, if no firearm certificate is issued under this authority, upon its expiry must be returned to the Inspector-General so endorsed.

DATE STAMP                                                          

                                                              Inspector-General of Police

ORIGINAL to Applicant, to be surrendered to officer in charge of police on issue of firearm certificate

DUPLICATE to officer in charge of police, to be returned to the Inspector-General within three days of the issue of a firearm certificate

TRIPLICATE to be retained by the Inspector-General

N.B.-This provisional certificate is NOT a firearm certificate and does NOT entitle the holder to the issue of a firearm licence by a licensing authority

To: Inspector-General of Police

*(a)      In exercise of the authority vested in me by virtue of this provisional firearm certificate I hereby certify I have issued Firearm Certificate No.       ., the duplicate of which is appended
hereto, to the applicant on (date of issue of firearm certificate)         

 

 

*(b)   No firearm certificate has been issued.

DATE STAMP                                                          

                                                               Officer in Charge of Police

 

 

*Delete (a) or (b) as applicable

'See Note overleaf'

NOTE-The holder of a Provisional Firearm Certificate shall, on ascertaining the details of the firearm he proposes to acquire, produce such certificate and firearm to the officer in charge of police, who, if so authorised by the Inspector-General, shall, on being satisfied that the firearm proposed to be acquired fits the general description contained in such certificate, issue a firearm certificate on behalf of the Inspector-General.

(As amended by No. 157 of 1972)

 

 


 

FORM 14

(Regulation 11)

 

 

REPUBLIC OF ZAMBIA

 

 

THE FIREARMS ACT

 

 

THE FIREARMS REGULATIONS

No. ...................................

 

 

FIREARM LICENCE

 

 

Place of issue

Date of issue  

Surname.        

Other names   

Residential address    
           
           

National Registration Card No.         

Passport No. ..........................................       Place of issue   

Date of issue  

Fee paid         

Receipt No.    

DATE STAMP                                                                      

                                                                           Licensing Authority

ENDORSEMENTS OF CHANGES OF RESIDENTIAL ADDRESS*

Change of residential address            
           

Change of postal address       
           
           

--------------------------------------------                 

                        Date                               Officer in Charge of Police

                                                                                                ............................. Police Station

           

Change of residential address            
           

Change of postal address       
           

--------------------------------------------                 

                        Date                               Officer in Charge of Police

                                                                                                ............................. Police Station

           

Change of residential address            
           

Change of postal address       
           

--------------------------------------------                 

                        Date                               Officer in Charge of Police

                                                                                                ............................. Police Station

           

Change of residential address            
           

Change of postal address       
           

--------------------------------------------                 

                        Date                               Officer in Charge of Police

                                                                                                ............................. Police Station

 

 

*Details of endorsement to be sent to Central Firearms Registry

________________________________________________________________________________________________

 

 

FIREARMS REGISTERED IN LICENCE HOLDER'S NAME

 

 

(1)   Date acquired -------------------------------------------------

       Type -----------------------------------------------------------

       Make-----------------------------------------------------------

       Calibre ---------------------------------------------------------

       Serial number --------------------------------------------------

 

 
     

__________________

OFFICIALSTAMP

_____________________

................................................................................................

                                                                                                                               Licensing Authority

†Date of disposal of firearm  

Method of disposal of firearm           

 

................................................................................................

                                                                                                    Officer in Charge of Police

                                                                                                ............................. Police Station

________________________________________________________________________________________________

(2)   Date acquired -------------------------------------------------

       Type -----------------------------------------------------------

       Make.......------------------------------------------------------

       Calibre ---------------------------------------------------------

       Serial number --------------------------------------------------

 

 
     

__________________

OFFICIALSTAMP

_____________________

................................................................................................

                                                                                                                               Licensing Authority

†Date of disposal of firearm  

Method of disposal of firearm           

 

................................................................................................

                                                                                                    Officer in Charge of Police

                                                                                                ............................. Police Station

________________________________________________________________________________________________

(3)   Date acquired -------------------------------------------------

       Type -----------------------------------------------------------

       Make .......------------------------------------------------------

       Calibre ---------------------------------------------------------

       Serial number --------------------------------------------------

 

 
     

__________________

OFFICIALSTAMP

_____________________

................................................................................................

                                                                                                                               Licensing Authority

†Date of disposal of firearm  

Method of disposal of firearm           

 

................................................................................................

                                                                                                    Officer in Charge of Police

                                                                                                ............................. Police Station

________________________________________________________________________________________________

(4)   Date acquired -------------------------------------------------

       Type -----------------------------------------------------------

       Make.......------------------------------------------------------

       Calibre ---------------------------------------------------------

       Serial number --------------------------------------------------

 

 
     

__________________

OFFICIALSTAMP

_____________________

................................................................................................

                                                                                                                               Licensing Authority

†Date of disposal of firearm  

Method of disposal of firearm           

 

................................................................................................

                                                                                                    Officer in Charge of Police

                                                                                                ............................. Police Station

 †Details of endorsement to be sent to Central Firearms Registry

________________________________________________________________________________________________

     

 

APPLICATION FOR RENEWAL OF FIREARM LICENCE ENDORSEMENT PRIOR TO RENEWAL

 

 

The firearms specified in this Licence have been produced for my inspection and have been found to be in accordance with the details specified in this Licence.

I am satisfied that the provisions of section 14 (3) of the Act have been complied with and that this Firearm Licence may be renewed.

Given under my hand this .......................................... day of             , 19 .......

    DATE STAMP                                                      

                                                               Officer in Charge of Police

 

 

________________________________________________________________________________________________

RECORD OF RENEWAL

 

 

    This Firearm Licence No.     is hereby renewed for three years with
effect from the .............................. day of ............................ ., 19....

FEE PAID

Receipt No.

                                                                                   

                                                                          Licensing Authority

    DATE STAMP

________________________________________________________________________________________________

 

 

APPLICATION FOR RENEWAL OF FIREARM LICENCE ENDORSEMENT PRIOR TO RENEWAL

 

 

The firearms specified in this Licence have been produced for my inspection and have been found to be in accordance with the details specified in this Licence.

I am satisfied that the provisions of section 14 (3) of the Act have been complied with and that this Firearm Licence may be renewed.

Given under my hand this .......................... day of ........................ , 19 ....

DATE STAMP                                                          

                                                               Officer in Charge of Police

 

 

________________________________________________________________________________________________

RECORD OF RENEWAL

 

 

    This Firearm Licence No.     is hereby renewed for three years with
effect from the .................. day of ..................... , 19 ......

FEE PAID

Receipt No.

                                                                                   

                                                                           Licensing Authority

DATE STAMP

 

 

APPLICATION FOR RENEWAL OF FIREARM LICENCE ENDORSEMENT PRIOR TO RENEWAL

 

 

The firearms specified in this Licence have been produced for my inspection and have been found to be in accordance with the details specified in this Licence.

I am satisfied that the provisions of section 14 (3) of the Act have been complied with and that this Firearm Licence may be renewed.

Given under my hand this ........................ day of .................... ., 19 .......

DATE STAMP

                                                                                   

                                                               Officer in Charge of Police

 

 

________________________________________________________________________________________________

RECORD OF RENEWAL

 

 

    This Firearm Licence No.     is hereby renewed for three years with
effect from the .................... day of ...................... ., 19 ......

FEE PAID

Receipt No.

                                                                                   

                                                                          Licensing Authority

DATE STAMP

 

 

________________________________________________________________________________________________

APPLICATION FOR RENEWAL OF FIREARM LICENCE ENDORSEMENT PRIOR TO RENEWAL

 

 

The firearms specified in this Licence have been produced for my inspection and have been found to be in accordance with the details specified in this Licence.

I am satisfied that the provisions of section 14 (3) of the Act have been complied with and that this Firearm Licence may be renewed.

Given under my hand this ........................ day of ....................... , 19 ........

DATE STAMP

                                                                                   

                                                               Officer in Charge of Police

 

 

________________________________________________________________________________________________

RECORD OF RENEWAL

 

 

   This Firearm Licence No.      is hereby renewed for three years with
effect from the .......................... day of ..................... , 19 ...........

FEE PAID

Receipt No.

                                                                                   

                                                                           Licensing Authority

DATE STAMP

________________________________________________________________________________________________

This licence is issued and held subject to the following conditions imposed by the Inspector-General of Police on the Firearm Certificate     
           
           

DATE STAMP                                                          

                                                                           Licensing Authority

________________________________________________________________________________________________

The conditions specified above are hereby varied as follows:           
           
           

                                                                                   

                                                              Inspector-General of Police

 

 

AMMUNITION

 

 

(a)            The quantities of ammunition authorised to be purchased or acquired in any one year by the holder of this Licence shall not exceed (type, calibre)    
           
           

(b)            The quantities of ammunition authorised to be held at any one time by the holder of this Licence shall not exceed (type, calibre)          
           
           

 

 

 

RECORD OF AMMUNITION SUPPLIED

 

 

I hereby certify that I, the undersigned, have on this date supplied to the holder of this Firearm Licence the quantity of ammunition set out below opposite my signature.

 

 

 

Date

Quantity and Description of
Ammunition Supplied

Names and Address
(block capitals)
of Supplier

Signature

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

N.B.-The quantity of ammunition authorised to be held or purchased need not be obtained all at once, but any person supplying ammunition must endorse in ink in the above space the amount supplied and it is an offence to supply ammunition which, in the aggregate, exceeds the quantities specified in paragraph (a) or (b) above.

 

 

 


 

FORM 15

(Regulation 11)

REPUBLIC OF ZAMBIA

 

 

THE FIREARMS ACT

 

 

THE FIREARMS REGULATIONS

No. ................................

 

 

RECEIPT FOR FIREARM LICENCE FEES

 

 

Details of Firearms and Ammunition

(a)  FIREARMS:

            Type                              Make               Calibre    Serial No.           Amount

-------------------------      ---------------      ------------      ---------          

-------------------------      ---------------      ------------      ---------          

-------------------------      ---------------      ------------      ---------          

-------------------------      ---------------      ------------      ---------          

(b)  AMMUNITION:            
           
           

Firearm Licence No.  

Received from (full name)       
of (address)      
the sum of (in words)
           

 
   K
 

*First Issue/Renewal/Replacement

--------------------------------------------                 

                        Date                                           Licensing Authority

 

 

*Delete as applicable

ORIGINAL to Payer

DUPLICATE to Central Firearms Registry

TRIPLICATE to be retained by Licensing Authority

 

 

 


 

FORM 16

(Regulation 12)

REPUBLIC OF ZAMBIA

 

 

THE FIREARMS ACT

 

 

THE FIREARMS REGULATIONS

 

 

CERTIFICATE OF COMPETENCY

 

 

I hereby certify that (name in full        
of (residential address)          
           
             
(postal address)            
           
is a fit and proper person to be issued with a *Firearm Certificate/Provisional Firearm Certificate and that he understands and is competent to use the type of firearm(s) specified hereunder         
           
           
           

The applicant has satisfied me that he has an adequate knowledge of the Firearms Code.

Given under my hand this ....................................................... day of .......................................................... , 19 .................

DATE STAMP

                                                                                   

                                                               Officer in Charge of Police

ORIGINAL to Inspector-General of Police

DUPLICATE to Applicant

 

 

*Delete as applicable

 

 

FORM 17

(Regulation 13)

 

 

REPUBLIC OF ZAMBIA

 

 

THE FIREARMS ACT

 

 

THE FIREARMS REGULATIONS

No. .................................

 

 

AUTHORITY TO POSSESS, CARRY AND USE A FIREARM AND AMMUNITION OWNED BY AN ASSOCIATION

 

 

Full name of member/employee              
               

 

 

*being a member of

*being employed by

 }      

 

is hereby authorised to possess, carry and use the following firearm(s) and/or ammunition:

(a)  FIREARMS:

                   Type                                           Make                              Calibre                           Serial No.

----------------------------      ----------------------                         ---          

----------------------------      ----------------------                         ---          

----------------------------      ----------------------                         ---          

----------------------------      ----------------------                         ---          

(b)  AMMUNITION:              
               
               
in respect of which a valid Firearm Licence No.      .has been issued to the above-named
association.

    This authority is valid only when a member or employee of an association is possessing, carrying or using a firearm or ammunition owned by his association in his capacity as a member or employee of such association.

This authority is valid until     

--------------------------------------------           Signed              

                          Date                                                          Officer in Charge of Police

                                                                                                          ............................. Police Station

ORIGINAL to Applicant

DUPLICATE to Registrar

TRIPLICATE to be retained by Officer in Charge of Police

 

 

*Delete as applicable

 

 


 

FORM 18

(Regulation 14)

 

 

REPUBLIC OF ZAMBIA

 

 

THE FIREARMS ACT

 

 

THE FIREARMS REGULATIONS

 

 

APPLICATION FOR REGISTRATION AS A FIREARMS DEALER

 

 

To:  The Registrar

       Central Firearms Registry

       P.O. Box RW.103

       Lusaka

1.    I (full name)          
of (firm)            
of (address)    
             
hereby apply for registration as a firearms dealer, and for permission to keep a private warehouse at the place or places of business specified below in accordance with section 26 of the Firearms Act.

2.    Particulars of place(s) of business           
           
           

3.    Maximum quantity and type of firearms and ammunition to be held at any one time:

    (a)  FIREARMS:

              Quantity                                                                 Type

-----------------------------------------          

-----------------------------------------          

-----------------------------------------          

-----------------------------------------          

    (b)  AMMUNITION:        
           
           

4.    State whether a disqualification order under section 33 of the Act has been made against you     
           

If "Yes" give details   
           

5.    State whether you have ever been convicted of any offence(s) either within or outside Zambia           
           

If "Yes" give details   
           

6.    State your nationality      

7.    State whether you are conversant with the provisions of the Firearms Act and all the Regulations made thereunder:           

    I certify that the above particulars are correct.

--------------------------------------------                 

                        Date                                       Signature of Applicant

Application to be submitted in duplicate together with a certificate of suitability of each place of business in accordance with the provisions of section 27 (1) of the Firearms Act.

 

 

 


 

FORM 19

(Regulation 14)

REPUBLIC OF ZAMBIA

 

 

THE FIREARMS ACT

 

 

THE FIREARMS REGULATIONS

No.............

 

 

CERTIFICATE OF REGISTRATION AS A FIREARMS DEALER

 

 

I hereby certify that (full name)           
           
(hereinafter referred to as "the applicant")

of (residential address)                     
(postal address
)          
             
has this day been registered as a firearms dealer in accordance with the provisions of the Firearms Act. Accordingly, in terms of section 27 (5) of the Firearms Act, the applicant is authorised to be issued with a firearms dealer's licence in respect of the following premises.            
           
           

Maximum quantity and type of firearms and ammunition to be held at any one time:

    (a)  FIREARMS:

               Quantity                                                                Type

-----------------------------------------          
-----------------------------------------          
-----------------------------------------          
-----------------------------------------          

    (b)  AMMUNITION:

           
           
           
           

Given under my hand this       day of ....................................... , 19 ......

                                                                        Signed            

                                                                                           Registrar

ORIGINAL to Applicant

DUPLICATE to Licensing Authority

TRIPLICATE to Officer in Charge of Police

QUADRUPLICATE to be retained by Registrar

 

 

 


 

FORM 20

(Regulation 15)

REPUBLIC OF ZAMBIA

 

 

THE FIREARMS ACT

 

 

THE FIREARMS REGULATIONS

 

 

APPLICATION FOR ISSUE/RENEWAL OF FIREARMS DEALER'S LICENCE

 

 

To  (Licensing Authority)                                                              
                                                             
                                                             

I (full name)     
of (firm)           
of (address)    
           

*(a)      hereby apply for the issue of a Firearms Dealer's Licence in terms of section 27 (5) of the Firearms Act, in respect of the premises, firearms and ammunition authorised in Certificate of Registration as a Firearms Dealer No. .................... dated ............................

or

*(b)         hereby apply for the issue of a new Firearms Dealer's Licence in respect of the same place(s) of business specified in my previous licence, in terms of section 30 (2) and (3) of the Firearms Act.

I enclose herewith my old Firearms Dealer's Licence No. .............. which expires on            ,
19 ......... , and a certificate from the Registrar that the above-mentioned place(s) of business is/are entered on the Register.

--------------------------------------------                 

                        Date                                       Signature of Applicant

 

 

*Delete (a) or (b) as applicable

 

 

FORM 21

(Regulation 15)

 

 

REPUBLIC OF ZAMBIA

 

 

THE FIREARMS ACT

 

 

THE FIREARMS REGULATIONS

No. ...............................

 

 

FIREARMS DEALER'S LICENCE

 

 

Name in full     
of (residential address)            
           
(postal address)            
           
of (name of firm)          
           
is hereby licensed to carry on the business of a firearms dealer (and to keep a private warehouse) at the following place of business:

             
           
and has been authorised by the Registrar to hold at the said place of business firearms and ammunition as specified hereunder:

FIREARMS:

              Quantity                                                                 Type

-----------------------------------------          

-----------------------------------------          

-----------------------------------------          

-----------------------------------------          

AMMUNITION:

Quantity and description       
           

Firearms Dealer's Registration Certificate No. ................................

This Licence is valid for one year from the date of issue.

FEE PAID: 750 fee units

--------------------------------------------                 

                        Date                                           Licensing Authority

ORIGINAL to Applicant

DUPLICATE to Officer in Charge of Police in whose area the business is situated

TRIPLICATE to Registrar

QUADRUPLICATE to be retained by Licensing Authority

(As amended by Act No. 13 of 1994)

 

 


 

FORM 22

(Regulation 16)

 

 

REPUBLIC OF ZAMBIA

 

 

THE FIREARMS ACT

 

 

THE FIREARMS REGULATIONS

 

 

DEALER'S REGISTER

 

 

TRANSACTIONS FOR THE MONTH OF .......................... , 19 .......

Name of Firearms Dealer ......................................

Firearms Dealer's Licence No. ............................

Address of private warehouse ..............................................

DEPOSITS

 

 

 

 

 

 

 

Entry

No.

 
                                         

 

 

 

Date

of

 Deposit

 
                                         

 

 

 

 

Quan-

tity

 
                                         

 

 

Description and Serial No. of Firearms

 
                                         

 

 

 

Calibre and Type of Ammunition

 
                                         

 

 

 

Reason

for

Deposit

Import Permit No. and Date of Issue or Firearm Licence No. or Permit of Exemption No. of Depositor and Date of Issue

 
                                         

 

 

 

Name and Address of Depositor

 
                                         

 

 

 

With-

drawal

 Entry No.

 
                                         

 

Particulars of Depositor's Documents of Identification

(when applicable)

 
                                         

 

 

Signature

of or for Firearms Dealer

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

WITHDRAWALS

 

 

Entry

 No.

 
                                         

 

Date of With-

drawal

 

 

 

 

Quantity

Description and Serial No. of Firearms

 

 

Calibre and Type of Ammunition

 

Reason

for

With-

drawal

Firearm Licence No. or Permit of Exemption No.  and Date of Issue

 

 

Name and Address of Recipient

 

 

 

Deposit Entry No.

 

 

Particulars of Recipient's Documents of Identification

Signature of or for Firearms Dealer

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

FORM 23

(Regulation 17)

REPUBLIC OF ZAMBIA

 

 

THE FIREARMS ACT

 

 

THE FIREARMS REGULATIONS

No. ..............................

 

 

PERMIT TO REPAIR, TEST OR PROVE FIREARMS (OTHER THAN BY A REGISTERED FIREARMS DEALER)

 

 

Permission is hereby granted to (name)           
of (residential address)            
           
           
to repair, test or prove firearms and ammunition at the following business premises (address)            
           
           

Attention is drawn to regulation 18 requiring the above-named person to keep a register of transactions in Form 24.

                                                                        Signed            

                                                                                           Registrar

FEE PAID: 11 fee units

ORIGINAL to Applicant

UPLICATE to be retained by Registrar

(As amended by Act No. 13 of 1994)

 

 


 

FORM 24

(Regulation 18)

 

 

REPUBLIC OF ZAMBIA

 

 

THE FIREARMS ACT

 

 

THE FIREARMS REGULATIONS

 

 

RETURN OF REPAIRS, TEST OR PROOF CARRIED OUT BY A PERSON OTHER THAN A FIREARMS DEALER

QUARTER OF YEAR ENDED ................................... , 19 .......

 

 

 

 

 

 

Entry

No.

 

 

 

Name of Owner of

Firearms or

Ammunition

 

 

Description and

Serial No. of

Firearms or

Ammunition

 

 

 

Date of Receipt of Firearms or

Ammunition

 

Firearm Licence No.

or Permit of

Exemption No. of

Owner and Date of

Issue

 

 

 

 

Brief Description of Repairs Carried out

 

 

Date or Return of

Firearms or

Ammunition to

Owners

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

FORM 25

(Regulation 19)

REPUBLIC OF ZAMBIA

 

 

THE FIREARMS ACT

 

 

THE FIREARMS REGULATIONS

No. ..................................

 

 

TRANSFER CERTIFICATE

 

 

Full Name        
of (residential address)            
who is the holder of Firearm Licence No.       issued by the
             Licensing Authority
on         
is hereby authorised to borrow and have in his possession the following firearm(s) and ammunition:

    (a)  FIREARMS:

                Type                              Make                   Calibre                Serial No.

----------------------------      ----------------------                         ---          

----------------------------      ----------------------                         ---          

----------------------------      ----------------------                         ---          

----------------------------      ----------------------                         ---          

    (b)  AMMUNITION:        
           
           

the property of-

(full name)      
 of (residential address)           
             
           
the holder of Firearm Licence No.       
issued by the    Licensing Authority
on ...................................................

    This certificate is valid for a period of six months from the date of issue.

--------------------------------------------           Signed       

                        Date                                    Divisional Commander

ORIGINAL to Borrower

DUPLICATE to Owner

TRIPLICATE to Central Firearms Registry

QUADRUPLICATE to be retained

 

 

 


 

FORM 26

(Regulation 20)

REPUBLIC OF ZAMBIA

 

 

THE FIREARMS ACT

 

 

THE FIREARMS REGULATIONS

No. .............................

 

 

RECEIPT FOR FIREARM OR AMMUNITION DEPOSITED IN A PUBLIC WAREHOUSE

 

 

Received from (name)             
of (address)    
             
the following firearm(s) and/or ammunition:

    (a)  FIREARMS:

                Type                              Make                   Calibre                Serial No.

----------------------------      ----------------------                         ---          

----------------------------      ----------------------                         ---          

----------------------------      ----------------------                         ---          

----------------------------      ----------------------                         ---          

    (b)  AMMUNITION:

             
           
which have been deposited this day in the public warehouse at       
           

                               .............................................................................                               ....................................................................................

                        Date            Officer in Charge of Public Warehouse

     .............................................................................

     Signature of person depositing
     Firearms or Ammunition

ORIGINAL to person from whom firearms are received

DUPLICATE to Registrar

TRIPLICATE to be retained by issuing officer

 

 

NOTES

(i)         This receipt will be issued to any person other than a Firearms Dealer who is required to deposit firearms or ammunition in a public warehouse.

(ii)        IT IS MOST IMPORTANT that this receipt is retained by the person to whom it was issued. Failure to do so may result in delay when the firearms or ammunition are handed back to such person.

(iii)       Firearms or ammunition which remain in a public warehouse in Zambia for a period of three years are liable to become the property of the Republic.

 

 

 


 

FORM 27

(Regulation 20)

REPUBLIC OF ZAMBIA

 

 

THE FIREARMS ACT

 

 

THE FIREARMS REGULATION

No. ..................................

 

 

PERMIT FOR WITHDRAWAL OF FIREARMS AND AMMUNITION FROM A PUBLIC
WAREHOUSE

 

 

To:  The Registrar

       Central Firearms Registry

       P.O. Box RW.103

       Lusaka

 

 

PART A

Permission is hereby granted to (name)           
           
of (address)    

           

to withdraw the undermentioned firearm(s) and ammunition from the public warehouse at (place)...................     

    (a)  FIREARMS:

                Type                              Make                   Calibre                Serial No.

----------------------------      ----------------------                         ---          

----------------------------      ----------------------                         ---          

----------------------------      ----------------------                         ---          

----------------------------      ----------------------                         ---          

    (b)  AMMUNITION:

           
           
           

No. of Firearm Licence/Certificate of Exemption/Export Permit/Form 28 or Firearms Dealer's Licence relating to above-mentioned firearm/ammunition    
date of issue     
Conditions to be observed on withdrawal     

--------------------------------------------                 

                        Date                                     Divisional Commander

 

 

PART B

The firearms and/or ammunition mentioned above were withdrawn from the public warehouse at ...................     
on .................................................. by           

                                                                                   

                                          Officer in Charge of Public Warehousee

________________________________________________________________________________________________

 

 

PART C

To be completed when firearms and ammunition are returned to the person from whom they were taken upon his departure from Zambia.

To:  Officer in Charge of Police/Public Warehouse

                                                                                

                                  (Place)

    I hereby acknowledge receipt of the firearms and ammunition specified in PART A of this form.

                                                                                   

                                            Signature of person receiving firearms
                                                                                and ammunition

To be forwarded to Registrar after firearms or ammunition are returned.

 

 

 


 

FORM 28

(Regulation 21)

REPUBLIC OF ZAMBIA

 

 

THE FIREARMS ACT

 

 

THE FIREARMS REGULATIONS

No. ........................

 

 

RECEIPT FOR FIREARM OR AMMUNITION TAKEN INTO POSSESSION BY A
CUSTOMS OFFICER

 

 

Received from (name)             
of (address)      
the following firearm(s) and/or ammunition:

    (a)  FIREARMS:

                Type                              Make                   Calibre                Serial No.

----------------------------      ----------------------                         ---          

----------------------------      ----------------------                         ---          

----------------------------      ----------------------                         ---          

----------------------------      ----------------------                         ---          

    (b) AMMUNITION:

           
           
           

-------------------------------------- DATE STAMP             

Signature of person depositing                   Signature of Customs Officer

--------------------------------------------                 

                        Date                                                                 Place

ORIGINAL to person from whom firearms received

DUPLICATE to Registrar

TRIPLICATE to be retained by Customs Officer

Received the above-mentioned firearms and/or ammunition from     
........................ of Customs and Excise Department
           

                                                                                   

                                                               Signature of Police Officer

DATE STAMP                                                          

                                                                                               Station

                                                                                   

                                                                                                  Date

 

 

NOTES

(i)         IT IS MOST IMPORTANT that this receipt is retained by the person to whom it was issued. Failure to do so may result in delay when the firearms or ammunition are handed back to such person.

(ii)        Firearms or ammunition which are not liable to forfeiture nor the subject of any offence and which are taken possession of by a Customs Officer may only be returned to a traveller upon his departure from Zambia AT THE SAME PORT through which he entered Zambia. Such firearms or ammunition should be claimed upon departure from Zambia from the officer in charge of the police station at the original port of entry. Not less than twenty-four hours' notice of such departure must be given to the officer in charge of the police station in question.

(iii)       There is no provision for firearms to be returned to travellers at any place or port of exit other than the original port of entry. Firearms or ammunition not claimed by departing travellers may be returned to them at an address outside Zambia solely at the discretion of the Inspector-General of Police and upon payment of a handling fee and carriage by the claimant.

(iv)       Firearms or ammunition which remain in a public warehouse in Zambia for a period of three years are liable to become the property of the Republic.

 

 

 


 

FORM 29

(Regulation 22)

REPUBLIC OF ZAMBIA

 

 

THE FIREARMS ACT

 

 

THE FIREARMS REGULATIONS

 

 

RECORD OF DEPOSITS AND WITHDRAWALS FROM THE PUBLIC WAREHOUSE AT ...............................................

 

 

DEPOSITS:

 

 

Entry No.

Date

 

Withdrawal

Entry No.

 

Description and Serial No. of

Firearms or Ammunition

 

Name and Address of

Depositor

 

 

Reason for Deposit

 

 

Receipt No.

 

 

 

 

 

 

 

 

 

 

 

 

WITHDRAWALS:

 

 

 

 

 

Entry No.

 

 

Date

 

Deposit Entry

No.

 

Name and Address of Person

Making Withdrawal

 

Withdrawal

Permit No.

 

Signature of Person

Withdrawing

 

 

 

 

 

 

 

 


 

FORM 30

(Regulation 23)

 

 

REPUBLIC OF ZAMBIA

 

 

THE FIREARMS ACT

 

 

THE FIREARMS REGULATIONS

 

 

INFORMATION TO GROUND SEARCH WARRANT

 

 

IN THE SUBORDINATE COURT of the     
Class for the .............................................. District, holden at          

WHEREAS ................................................................. of       
being first duly sworn, deposes and says that he has reasonable ground to suspect and does suspect that an offence under the Firearms Act has been, is being or is about to be committed because* ................................     
and that he has reasonable ground to suspect and does suspect that the firearm(s), ammunition or other thing aforementioned are           and he applies for a search warrant to issue.

                                                                                   

                                                     Signature of the person applying
                                                                                 for the Warrant

Taken and sworn at ............... this -------                 

day of .................................... , 19 .....                            Magistrate

 

*Here state shortly the grounds on which the warrant is applied for.

 Enter here a description of the premises in respect of which the warrant is applied for.

 

 

 


 

FORM 31

(Section 50)

(Regulation 23)

REPUBLIC OF ZAMBIA

 

 

THE FIREARMS ACT

 

 

THE FIREARMS REGULATIONS

 

 

SEARCH WARRANT

 

 

IN THE SUBORDINATE COURT of the     Class for
the .............................................. District, holden at

To:        Police Officer, or authorised officer.

WHEREAS ................................................................ of        
has this day made information on oath that there is reasonable ground for suspecting that an offence under the Firearms Act has been, is being or is about to be committed;

    NOW THEREFORE you are hereby authorised and commanded in the name of the President to enter at any time, with or without assistance and if necessary by force*,          
and search the same and any persons found therein and to seize any firearm or ammunition or any other thing which may be found on such search by which or in connection with which you have reasonable ground for suspecting that an offence under the said Act has been, is being or is about to be committed and if the premises are those of a registered firearms dealer, to examine any books relating to the firearms business of such dealer. If any firearm, ammunition or any other thing aforementioned are found on search you are further commanded to bring such firearm, ammunition or other thing so found and also any person arrested in connection therewith, before this Court to be dealt with according to law.

Issud at            the ........................... day of ........................ , 19 .......

                                                                                   

                                                                                         Magistrate

* Here describe the premises or place in respect of which this warrant is issued.

 

 


 

THIRD SCHEDULE

 

 

(Regulation 29)

 

 

LICENSING AUTHORITIES FOR CERTAIN AREAS

 

 

 (As amended by S.I. No. 37 of 1997)

 

 

REGULATIONS MADE UNDER THE FIREARMS ACT, 1965

(Section 15 of the Interpretation and General Provisions Act)

Act No.
24 of 1965
13 of 1994

 

THE FIREARMS (CONTROL OF SHOOTING CLUBS) REGULATIONS

Statutory Instrument
71 of 1968

 

1.    These Regulations may be cited as the Firearms (Control of Shooting Clubs) Regulations.

Title

 

2.    In these Regulations, unless the context otherwise requires-

Interpretation

 

"affiliated club" means a club affiliated to a parent association;

 

 

"approved club" means a club approved by the Minister in terms of these Regulations;

 

 

"club" means a rifle club, small bore rifle club, pistol club, shotgun club or clay pigeon club or a combination of two or more of the foregoing;

 

 

"Divisional Commander" means a senior police officer, as defined in the Act, who for the time being has been appointed by the Inspector-General of Police as Officer Commanding the Division in which area the club is situated;

 

 

"member" means fully paid-up member of an approved club;

 

 

"parent association" means an association in the First Schedule declared by the Minister to be a parent association for the purposes of these Regulations;

 

 

"small bore" means a bore not exceeding .5588 centimetres.

 

 

3.  (1)  After the commencement of these Regulations, every new club shall, within sixty days of its formation, make application for approval to the Minister in Form 1 in the Second Schedule.

Application for approval by clubs

 

(2)  Every club in existence at the commencement of these Regulations shall, within thirty days of the commencement of these Regulations, make application for approval to the Minister in Form 1 in the Second Schedule.

 

 

4.  (1)  Upon receipt of an application under regulation 3, the Minister may, at his discretion and without having to give reasons-

Approval or disapproval of application by the Minister

 

(a)        approve the application; or

 

 

(b)        refuse the application:

 

 

Provided that no application for a club of a type for which a parent association exists shall be approved unless the club is an affiliated club.

 

 

(2)  Where the Minister refuses an application he shall within a reasonable time notify the club of such refusal in writing.

 

 

(3)  Where the Minister approves the application he shall issue or cause to be issued a certificate of approval in Form 2 in the Second Schedule, and upon receipt of such certificate the club officials shall display such same certificate at the club headquarters.

 

 

5.  (1)  Where the activities of an approved club are or are likely to be prejudicial to-

Withdrawal of approval

 

(a)        the interests of defence;

 

 

(b)        public safety;

 

 

(c)        public order;

of the Republic, the Minister may withdraw approval of that club.

 

 

(2)  If the Minister withdraws approval of the club, he shall give in Form 3 in the Second Schedule a notice of such withdrawal to the club concerned.

 

 

6.  (1)  Every club shall have a suitably constructed armoury for the safe-keeping of firearms and ammunition belonging to the club or its members.

Safe-keeping of firearms and ammunition by clubs

 

(2)  Where the club has no armoury, other arrangements for safe-keeping of firearms and ammunition as are permitted by these Regulations shall be made.

 

 

(3)  A club armoury shall be so constructed as-

 

 

(a)        to be a secure place for safe-keeping of firearms and ammunition;

 

 

(b)        to contain adequate arrangements in the form of strong boxes, rifle racks fitted with chains and padlocks, safes or other means suitable for the secure storage of firearms and ammunition;

 

 

(c)        to contain suitable locks or other similar appliances fitted to each door, window or other openings leading into the armoury to ensure the safe-keeping of firearms and ammunition stored therein.

 

 

(4)  Every club having an armoury and wishing to use it by storing firearms and ammunition therein, shall apply for an armoury certificate from the Divisional Commander.

 

 

(5)  Upon receipt of the application for an armoury certificate by a club, the Divisional Commander shall inspect or cause the armoury to be inspected by a police officer of or above the rank of Sub- Inspector and if in the opinion of the Divisional Commander the provisions of sub-regulation (3) are complied with, he shall issue the armoury certificate in Form 4 in the Second Schedule, and upon receipt of such certificate the club officials shall display the certificate in a prominent place inside the armoury.

 

 

(6)  If at any time after the granting of the armoury certificate, it appears to the Divisional Commander that the armoury does not comply with or no longer complies with the requirements of sub-regulation (3), he may withdraw the armoury certificate until such time that the defect or defects which led to the withdrawal of the certificate have been remedied to the required standard and to the satisfaction of the Divisional Commander.

 

 

(7)  Where the Divisional Commander withdraws the armoury certificate in accordance with sub-regulation (6), the secretary of the club concerned shall return the armoury certificate to the Divisional Commander forthwith.

 

 

(8)  Any person who keeps firearms or ammunition or permits the keeping of firearms or ammunition in an armoury for which the club does not hold an armoury certificate shall be guilty of an offence.

 

 

(9)  Notwithstanding the provisions of this regulation, an approved club may, with the written approval of the Divisional Commander-

 

 

(a)        store and safe-keep firearms and ammunition belonging to the club and club members at a private warehouse in respect of which a valid firearms dealer's licence exists; or

 

 

(b)        may make such other arrangements for the safe-keeping of firearms or ammunition as may be approved by the Divisional Commander.

 

 

(10)  Nothing in this regulation shall absolve or be deemed to absolve any person from complying with the requirements of section thirty-eight of the Act regarding the safe-keeping and custody of firearms or ammunition.

 

 

7.  (1)  Notwithstanding the provisions of regulations 25 and 26 of the Firearms Regulations, the maximum quantity of ammunition to be acquired or purchased by an approved club during the course of any one calendar year commencing on the 30th September shall not exceed that club's annual quota authorised by the Minister.

Club's authorised annual quota of ammunition

 

(2)  The Minister shall, in writing and as soon as possible after the 30th September each year, notify each approved club, and the Divisional Commander, of the authorised annual quota of ammunition allotted to each club.

 

 

(3)  A parent association may, with the prior written consent of any affiliated clubs, acquire, during the course of any calendar year, commencing on the 30th September, on behalf of any such clubs, a quantity of ammunition not exceeding the aggregate of the authorised annual quotas of the clubs on whose behalf the ammunition is acquired:

 

 

Provided that no approved club will be entitled to acquire ammunition if it has consented to an affiliated club acquiring the ammunition on its behalf.

 

 

(4)  The Minister may, on being satisfied that reasonable grounds exist for doing so, authorise the issue to an approved club of a supplementary quota in addition to the approved annual quota of ammunition.

 

 

8.  (1)  An approved club shall issue to each of its members a membership card which shall be serially numbered and which shall clearly indicate the name of the club and the name of the member to whom it is issued.

Membership of approved clubs

 

(2)  An approved club shall maintain a register of its members in which shall be entered-

 

 

(a)        the full name and address of each member;

 

 

(b)        the date on which each member was admitted to membership;

 

 

(c)        the date on which each member ceases to be a member.

 

 

(3)  Only members of approved clubs may take part in drills, target practices and competitions connected with the activities of an approved club:

 

 

Provided that this sub-regulation shall not apply to members of visiting foreign shooting teams or shooting teams comprised of members of the Zambia Police, the Zambia Police Reserve or the Defence Forces of the Republic.

 

 

(4)  Nothing in this regulation shall prevent a member of any approved club from taking part in drills, target practices and competitions at the premises of another approved club.

 

 

(5)  For the purposes of ensuring compliance with this regulation, a police officer of or above the rank of Sub-Inspector may require any person engaged in a drill, target practice or competition in connection with the activities of an approved club to produce for inspection his membership card, and may require an office-bearer of a club to produce for inspection the register of members of that club.

 

 

(6)  Not later than the 30th September each year the secretary of each approved club shall supply the officer in charge of the police station in whose area the club's range is situated with a list of the full names, residential addresses and membership card numbers of all members; and amendments to such lists shall be supplied on the last day of December, March and June showing details of members who have joined or left the club during the previous quarter.

 

 

9.  (1)  For purposes connected with the activities of an approved club, a member shall use only ammunition purchased from or supplied by an approved club.

Control of firearms and ammunition used by club

 

(2)  An approved club may sell ammunition for use on its range to a member or to a member of another approved club or to a member of a visiting foreign shooting team at the premises or at the shooting range of that club:

 

 

Provided that such sale of ammunition shall not be by way of trade or business and shall not result in any financial profit for a club over and above the club's normal expenses.

 

 

(3)  The secretary of an approved club shall keep or cause to be kept a record in Form 5 in the Second Schedule, of ammunition received and disposed of, and such record shall be produced for inspection at the request of a police officer of or above the rank of Sub-Inspector.

 

 

(4)  If at the end of a drill, target practice or competition, a person has in his possession unexpended ammunition, he shall arrange with an office-bearer of the club-

 

 

(a)        for the safe-keeping of such ammunition in the club armoury or other approved place; or

 

 

(b)        for the re-purchase of such ammunition by the club.

 

 

(5)  Any person who having purchased or who having acquired ammunition from an approved club removes the unexpended portions of such ammunition from the premises or from the shooting range of such approved club, shall be guilty of an offence.

 

 

(6)  An approved club shall keep-

 

 

(a)        a register of all firearms belonging to the club in Form 6 in the Second Schedule;

 

 

(b)        a record of loaned firearms to and returns from any person to whom such loans were made.

 

 

(7)  No member of the club shall use his membership of the club to acquire or to obtain in his personal name any firearm which he would not otherwise have acquired or obtained had he not been a member of such a club.

 

 

10.  (1)  No firing shall take place at an open air shooting range belonging to a rifle club or small bore rifle club unless-

Range safety

 

(a)        the range is kept cleared and is in proper condition; and

 

 

(b)        the butts are properly constructed and in good repair; and

 

 

(c)        a flag pole is provided at or near the butts; and

 

 

(d)        a large red danger flag is hoisted thereon; and

 

 

(e)        red flags are placed on either side of the range; and

 

 

(f)         a smaller red danger flag is provided and hoisted at the butts as a warning to a cease fire.

 

 

(2)  Whenever a clay pigeon club is conducting a drill, practice or competition no firing shall take place unless the following precautions are observed, that is to say:

 

 

(a)        a large red danger flag is displayed at or near the firing point;

 

 

(b)        smaller red flags are placed on footpaths approaching from the front and sides of the firing point at a distance of not less than 150 yards from the firing point.

 

 

(3)  No firing shall take place at the range of any club unless an office-bearer of the club is present to ensure that reasonable safety precautions are observed.

 

 

11.  (1)  Every club shall, not later than the 30th September each year, send to the Minister a return in Form 7 in the Second Schedule or in the case of a parent association in Form 8 in the Second Schedule.

Annual returns by clubs

 

(2)  It shall be the duty of every office-bearer of a club to ensure that such returns are duly furnished.

 

 

12.  (1)  A Divisional Commander shall, at least once every year, inspect the premises and armouries of each club within his division to ensure that range safety arrangements and safe-keeping arrangements for firearms and ammunition are satisfactory.

Annual inspection

 

(2)  Divisional Commanders shall advise clubs of any necessary improvements or alterations revealed by such inspections and the clubs concerned shall arrange for such improvements or alterations to be carried out within three months of the date of receiving such advice.

 

 

13.    It shall be the responsibility of every office-bearer of a club to ensure that the provisions of these Regulations are complied with.

Responsibility of office-bearer

 

14.  (1)  Where a breach by a club of these Regulations occurs, every office-bearer, and every person managing or assisting in the management of such a club in Zambia, shall be liable to a fine not exceeding one thousand five hundred penalty units or to imprisonment for a period not exceeding six months, or to both:

Penalties

 

Provided that in any proceedings against any person in respect of any breach of these Regulations, it shall be a good defence to show that the breach took place without his knowledge or connivance and was not facilitated by any neglect on his part and that he could not reasonably have been expected to know about it.

 

 

(2)  Any other person found guilty of an offence under these Regulations shall be liable to a fine not exceeding seven hundred and fifty penalty points or to imprisonment for a period not exceeding three months, or to both.

(As amended by Act No. 13of 1944)

 

 

FIRST SCHEDULE

 

 

(Regulation 2)

THE FOLLOWING ASSOCIATIONS ARE DECLARED TO BE PARENT ASSOCIATIONS:

Name of Parent Association:

    The National Rifle Association of Zambia (N.R.A.Z.).

    The Zambia Small-bore Rifle Association (Z.S.R.A.).

 

 

 

SECOND SCHEDULE

 

 

PRESCRIBED FORMS

 

 

Application for approval of a shooting club        . .         . .         . .    . .         . .         Form 1

Certificate of approval of a shooting club           . .         . .         . .    . .         . .         Form 2

Notification of withdrawal of approval of a shooting club                . .         . .         Form 3

Armoury certificate         . .         . .         . .         . .         . .         . .    Form 4

Register of receipt and disposal of ammunition by a shooting club   . .         . .         Form 5

Register of firearms. .      . .         . .         . .         . .         . .         . .    Form 6

Annual return by shooting club   . .         ..          . .         . .         . .    . .         Form 7

Annual return by parent association        . .         . .         . .         . .    . .         Form 8

 

 

 

FORM 1

THE FIREARMS (CONTROL OF SHOOTING CLUBS) REGULATIONS

 

 

(Regulation 3 (1))

 

 

APPLICATION FOR APPROVAL OF A SHOOTING CLUB

 

 

(To be completed in triplicate)

 

 

PART I

To: The Officer in Charge        Police Station,
             .

    The  (name of club)
hereby applies to the Minister to become an approved club in terms of regulation 3 of the Firearms (Control of Shooting Clubs) Regulations.

    The following are the particulars of the club:

(a)   type of club        

(b)   postal address     

(c)   present number of members        

(d)   office-bearers:

                                                                    Postal       Residential      Telephone

                                  Office       Name       Address           Address     Number

----------------------                                        ---------      ------------          

----------------------                                        ---------      ------------          

----------------------                                        ---------      ------------          

----------------------                                        ---------      ------------          

----------------------                                        ---------      ------------          

(e)   parent association (if any)..........

(f)   situation of club premises, range and number of butts    
           
           

(g)   proposed arrangements for safe-keeping of firearms and ammunition  
           
           

Date ----------------------------------- Signed          

                                                                       

 

 

                                                                                            (by two office-bearers)

Certificate of affiliation (if applicable)

    I hereby certify that the       (name of club)
is affiliated to the         (name of
parent association
).

                                                                       

 

 

                                                                                             Chairman/President/Secretary

Date -----------------------------------          

 

 

                                                                                            (name of parent association)

 

 

PART II

To:  Commanding Officer,

       ........................................ Police Division.

       1.  The application is recommended/not recommended.

       2.  Additional comments (if any)            
           
           

                                                                       

                                                                                             Officer in Charge

                                                                                   .......................................... Police Station

 

 

PART III

To:  Permanent Secretary,

       Ministry of Home Affairs,

       Lusaka.

       1.  The application is recommended/not recommended.

       2.  Additional comments (if any)            
           
           

                                                                       

                                                                                      Divisional Commander of Police

Date -----------------------------------------   Division

Original to Minister.

Duplicate to Inspector-General of Police.

Triplicate to be retained by Divisional Commander.

Quadruplicate to be retained by Officer in Charge of Police Station.

 

 

 


 

FORM 2

THE FIREARMS (CONTROL OF SHOOTING CLUBS) REGULATIONS

 

 

(Regulation 4 (3))

 

 

CERTIFICATE OF APPROVAL OF A SHOOTING CLUB

 

 

I hereby certify that   
             has been
approved in terms of regulation 4 of the Firearms (Control of Shooting Clubs) Regulations.

Dated at ........................ this ...day of ..........................., 19 .......

Date Stamp.                                                   

 

 

                                                                                             Minister

Original to club.

Duplicate to Inspector-General of Police.

Triplicate to Officer in Charge ............................................................ Police Station.

Quadruplicate to be retained by the Minister.

 

 

 


 

FORM 3

THE FIREARMS (CONTROL OF SHOOTING CLUBS) REGULATIONS

 

 

(Regulation 5 (2))

 

 

NOTIFICATION OF WITHDRAWAL OF APPROVAL OF A SHOOTING CLUB

 

 

To:        (name of club)

    I hereby give you notice that in accordance with regulation 5 of the Firearms (Control of Shooting Clubs) Regulations approval of your club is hereby withdrawn on the grounds that            
           
           

    Please note that members of your club are no longer entitled to have in their possession firearms or ammunition when engaged as members in or in connection with drill or target practices, without holding a firearm certificate.

    Please also note that your club is no longer permitted to engage in the activities of a shooting club in Zambia.

Dated at           this ........................ day of ..................... , 19 .......

                                                                       

 

 

                                                                                            Minister

Original to club.

Duplicate to Inspector-General of Police.

Triplicate to Officer in Charge ................................................................. Police Station.

Quadruplicate to be retained by the Minister.

 

 

 


 

FORM 4

THE FIREARMS (CONTROL OF SHOOTING CLUBS) REGULATIONS

 

 

(Regulation 6 (5))

 

 

ARMOURY CERTIFICATE

 

 

    I hereby certify that             (name of club)
is permitted to store firearms or ammunition specified hereunder in the club armoury situated at        
             (location of premises).

                                                         Firearms            

                                                                                               

                                                                                               

                                                          Ammunition                 

                                                                                               

                                                                                               

Date ---------------------------------------------        

 

 

                                                                                    Divisional Commander of Police.

...................................................Division

 

 

 

Original to club.

Duplicate to the Minister.

Triplicate to be retained.

 

 


 

FORM 5

 

 

THE FIREARMS (CONTROL OF SHOOTING CLUBS) REGULATIONS

 

 

(Regulation 9 (3))

 

 

REGISTER OF RECEIPT AND DISPOSAL OF AMMUNITION BY A SHOOTING CLUB

 

 

Calibre .....................................    Annual quota ........................................... year commencing 30th September, 19      .

Name of club .............................................

 

 

 

Date

 

Description of trans-,

action, e.g. received,

sold, etc.

 

No. of

Rounds

In

 

No. of

Rounds

Out

 

Balance

on hand

 

From/

to

 

Import Permit No.

and date of issue, or

club and membership

card No.

 

 

Signature of

recipient

 

Signature of club

office-bearer

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Separate record to be kept for each type of ammunition

 

 


 

FORM 6

THE FIREARMS (CONTROL OF SHOOTING CLUBS) REGULATIONS

 

 

(Regulation 9 (6))

 

 

REGISTER OF FIREARMS

Name of club ................................

                                                                                                                        Other marks

                               Calibre        Make            Type         Serial No.    (e.g. club No.)

                                                                        ---------      -----------------   

                                                                        ---------      -----------------   

 

 

 

 

 

 

Date

 

Received/

Loaned/

Returned,

etc.

 

To/

from

whom

 

Signature

of

recipient

 

Club and

membership

card No.

 

Signature

of office-

bearer

 

 

 

 

 

 

 

NOTE.-A separate page must be used for each weapon.

 

 

 


 

FORM 7

 

 

THE FIREARMS (CONTROL OF SHOOTING CLUBS) REGULATIONS

 

 

(Regulation 11 (1))

 

 

ANNUAL RETURN BY SHOOTING CLUB

 

 

PART I

 

 

(To be completed by club)

(a)   Name of club      

(b    Postal address     

(c)   Type of club .....................*Affiliated to             
            (parent association).

(d)   Number of members       

(e)   (i)  Details of firearms owned by club:

                                                            Serial            Date                 F.A.C.

            Type        Make     Calibre            No.   acquired                No.

--      -------      -------                  ---             ---                      

--      -------      -------                  ---             ---                      

            (ii)  Details of firearms disposed of by club during past year. (Give type, make, calibre, serial No., date
       disposed of, method of disposal.)

(f)          Number and type of firearm owned by members for use in club activities, for which annual quota of ammunition is claimed. (This must be supported by a list showing member's name, type and calibre of weapon and firearm certificate numbers)     
    

(g)    Amount of ammunition:

         (i)  Purchased or acquired by club during past year (excluding unexpended ammunition returned by
      members, etc.)      

                       

         (ii)  In stock at date of report    

                       

(h)    Number of butts in serviceable condition         
           

 

 

 

PART I-continued

(i)    List of office-bearers:

                                                  Postal Residential         Telephone

            Office            Name    Address       Address           Number

----------------------                                        ---------                                              

----------------------                                        ---------                                              

----------------------                                        ---------                                              

----------------------                                        ---------                                              

----------------------                                        ---------                                              

----------------------                                        ---------                                              

(j)    Firearms and ammunition belonging to the club are kept:

 * (i)  in the club armoury situated at
           

  (ii)  at            
           

Date -----------------------------------          

                                           .............................................................................................................

(Signed by two office-bearers)

 

 

*Delete whichever is not applicable.

 

 

PART II

 

 

(To be completed if the club has an armoury)

The club armoury was inspected on     and-

* (i)  was found satisfactory;

(ii)    the following items requiring attention were notified to the club:

                       

           

Date Stamp.

                                                                       

 

 

                                                                                             Officer in Charge

 

 

                                                                                .......................................Police Station

 

 

* Delete whichever is not applicable.

 

 

FORM 8

 

 

THE FIREARMS (CONTROL OF SHOOTING CLUBS) REGULATIONS

 

 

(Regulation 11 (1))

 

 

ANNUAL RETURN BY PARENT ASSOCIATION

 

 

To: Permanent Secretary,

Ministry of Home Affairs,

Lusaka.

 

 

Return for the year ending 30th September, 19 .

(a)   Name of association       

(b)   Postal address     

(c)   List of office-bearers:

                                                 Postal Residential         Telephone

            Office            Name    Address       Address           Number

----------------------                                        ---------                                  

----------------------                                        ---------                                  

----------------------                                        ---------                                  

----------------------                                        ---------                                  

----------------------                                        ---------                                  

(d)        List of affiliated clubs:

                                                                                      Number of

            Name                   Type   Postal Address              members

--------------------      ---------------------------------                      

--------------------      ---------------------------------                      

--------------------      ---------------------------------                      

--------------------      ---------------------------------                      

--------------------      ---------------------------------                      

 

 

(e)        Record of receipt and disposal of ammunition during the year:

 

 

 

 

 

 

 

Calibre

 
                 

 

 

 

 

Date

 
                 

 

 

 

Received

sold, etc.

 
                 

 

No. of

Rounds

 
                 

 

 

Balance

in

stock

 
                 

 

 

 

From/

to

 
                 

*Import

Permit

No., date

and place

of issue

In

Out

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                 

 

*If applicable.

Date ------------------------------------------- Signature