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Arms and Ammunition Act

Chapter 223

Repealed
This Act was repealed on 2015-09-01 by Firearms and Ammunition Control Act, 2015.
This is the version of this Act as it was when it was repealed.
Arms and Ammunition Act
Citation
Chapter 223
Date
31 July 2002
Language
English
Type
Act
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Tanzania

Arms and Ammunition Act

Chapter 223

  • Published in Tanzania Government Gazette
  • Commenced on 4 May 2001
  • [This is the version of this document as it was at 31 July 2002 to 3 January 2008.]
  • [Note: This legislation was revised and consolidated as at 31 July 2002 and 30 November 2019 by the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. All subsequent amendments have been researched and applied by Laws.Africa for TANZLII.]
  1. [Repealed by Firearms and Ammunition Control Act, 2015 (Act 2 of 2015) on 1 September 2015]
[G.N. No. 66 of 2001; Act No. 2 of 1991]An Act to control civil arms and ammunition in the United Republic.

Part I – Preliminary provisions (ss. 1-3)

1. Short title

This Act may be cited as the Arms and Ammunition Act.

2. Application

(1)This Act shall apply to Tanzania Zanzibar as well as to Mainland Tanzania.
(2)This Act shall apply in relation to all firearms other than armaments to which the provisions of the Armaments Control Act 1, apply.1Cap. 246
(3)The Minister may, be notice published in the Gazette, exempt from the applications of this Act any particular arms or category of arms.

3. Interpretation

(1)In this Act, unless the context otherwise requires—"ammunition" includes—(a)every shell, cartridge case, bomb, hand grenade, or projectile, whether containing any explosive or gas or chemical or not, and whether intended to be discharged from or by any gun or other propelling or releasing instrument or mechanism or not, except hand grenades which can be used only for the purpose of extinguishing fires;(b)every part of any such shell, cartridge case, bomb, hand grenade or projectile, whether such shell, cartridge case, bomb, hand grenade or projectile may have been completely formed at any time or not;(c)every fuse, percussion cap, or priming cap, which could be used for the purpose of exploding any shell, bomb, hand grenade or other projectile;(d)every bullet or cartridge clip;(e)any explosive when enclosed in any case or contrivance, or otherwise adapted or prepared so as to form a cartridge, charge or complete round of small arms, cannon, or any other weapon, or to form any tube for firing, explosives, or to form a detonator, a projectile, or contrivance other than a firework, which can be used either singly or in suitable combinations, as, or in connection with, a missile;(f)anything which may be declared by the Minister, by notice published in the Gazette, to be ammunition;"armament" means any of the following: ammunition and arms of war, whether complete or in parts, namely, firearms, artillery of all kinds, apparatus for discharge of all kinds of explosive or gas-diffusing projectiles, flame throwers, bombs, grenades, machine guns, and rifles, small firearms, and breech-loading weapons of all kinds;"arms" shall, subject to subsection (2), include–(a)every firearm of any description;(b)every air gun and every other kind of gun from which any shot, bullet or other missile can be discharged;(c)every sword, cutlass, spear, pike, bayonet, dagger, fighting iron, flick-knife, gravity knife or other deadly weapon;(d)every gun, pistol or other propelling or releasing instrument or mechanism, from or by which any shell, cartridge, bomb, grenade, or projectile, containing any gas or chemical, could be discharged;"Arms Authority" means the person, officer or department of Government declared to be the arms authority under section 5;"authorised officer" means any administrative or other officer authorised for a particular purpose by the Government;"to carry" means to carry on the person but does not include transport or conveyance from one place to another in the ordinary course of business for storage or other business purposes;"Convention" means the Convention for the control of the trade in arms and ammunition, and Protocol, signed at St. Germain-en-Laye on the 10th day of September, 1919;"firearm" means any lethal barrelled weapon of any description other than a harpoon gun, from which any shot, bullet or other missile can be discharged, and includes any component part of any firearm and any accessory to any such weapon designed or adapted to diminish the noise or flash caused by firing the weapon;"flick-knife" means any knife which has a blade which opens automatically by hand pressure applied to a button, spring or other device in or attached to the handle of the knife;"Government" means the Government of the United Republic and includes the Revolutionary Government of Zanzibar;"gravity knife" means any knife which has a blade which is released from its handle or sheath by the force of gravity or the application of centrifugal force and which, when released, is locked in place by means of a button, spring, lever or other device;"Minister" means the Minister for the time being responsible for home affairs;"to move" or "to remove" includes every kind of movement, transport, or conveyance not included in the expression "to carry";"prescribed" means prescribed by regulations;"private warehouse" means a warehouse for arms and ammunition, not being a public warehouse, approved by an authorised officer and designated as such by notice published in the Gazette;"prohibited area" means any area declared as such by the Minister for the purposes of this Act;"public warehouse" means a warehouse under the exclusive custody and permanent control of the Government or of its servants or agents, or any other place which in the opinion of the Minister is suitable for the custody of arms or ammunition, designated as a public warehouse by the Minister by notice published in the Gazette.
(2)Nothing in the definition of the word "arms" and in this Act generally shall be construed so as to being under the application of this Act any arms, other than firearms, which are–
(a)designated to be used in domestic, agricultural, building, construction or other economic activities;
(b)traditionally used as part of the cultural accoutrement of the people in any area of the United Republic; or
(c)designed for use in societal or ceremonial occasions.
(3)Arms or ammunition on the body, or in the custody or under the control, of any person shall be deemed to be in his possession.

Part II – Restriction on carrying or possession of arms and ammunition (ss. 4-7)

4. Prohibition on carrying or possession of arms or ammunition without licence

(1)No person shall use, carry, or have in his possession or under his control any firearms or ammunition, except in a public or private warehouse, unless he is in possession of an arms licence issued under this Act.
(2)Subsection (1) shall not apply to any exempted person.
(3)An arms licence shall describe the firearm and ammunition to which it relates by reference to the marks and numbers stamped and registered in pursuance of this Act and shall be in the prescribed form.
(4)Without prejudice to any other penalty to which a person may believe under the provisions of this Act, the fee for the renewal of an arms licence which any person fails to renew within three months after the date upon which it should have been renewed shall be increased by fifty per centum of the fee prescribed in relation to it.

5. Grant of licence to carry or possess arms or ammunition

(1)The Minister shall, by order published in the Gazette, appoint a person, a public officer or department of Government to be the Arms Authority for the purposes of this Act.
(2)The Arms Authority may—
(a)grant to any person a licence either—
(i)to carry arms and ammunition;
(ii)to have arms and ammunition in his possession; or
(iii)to do both, subject to such conditions as he may deem fit;
(b)renew any such licence and, in respect of it, grant days of grace not exceeding fifteen in number if he considers it necessary or expedient so to do; and
(c)cancel any such licence.
(3)Unless in any particular case the Arms Authority otherwise directs, the licence granted under subsection (2) shall—
(a)be issued or renewed for a limited period only;
(b)be made out in the name of the grantee;
(c)bear a number and the dates of issue, or renewal, and expiry;
(d)not be transferable, and
(e)specify the arms and ammunition which it covers.
(4)An appeal to the Minister shall lie from any refusal by the Arms Authority to grant or renew such licence or in respect of the cancellation by it of any such licence.
(5)The Minister may, by notice published in the Gazette determine the fee payable for the arms licence.
(6)The Arms Authority may in his discretion—
(a)issue a written exemption to any person from the provisions of this section and such exemption may be—
(i)confirmed to any particular weapons or ammunition specified in it;
(ii)subject to such conditions as the Arms Authority may deem fit;
(iii)included if desirable in some other form of licence, authority; or
(b)cancel any written exemption.

6. Provisions in relation to Tanzania Zanzibar

(1)Notwithstanding section 5, the Commissioner of Police in charge of the affairs of the police force for Tanzania Zanzibar shall be the Arms Authority for the purposes of this Act.
(2)Arms licences granted in Mainland Tanzania shall not be valid for the same purposes in relation to same or other arms and ammunition in Tanzania Zanzibar; and arms licences granted in relation to any arms or ammunition in Tanzania Zanzibar shall not be valid in Mainland Tanzania in relation to arms or ammunition there unless endorsed by the Arms Authority or an authorised officer appointed for the purposes by the Arms Authority.
(3)No person may, in Tanzania Zanzibar, carry, possess or use any arms or ammunition except under and in accordance with the terms of an arms licence granted by the Arms Authority in accordance with the provisions of this Act.
(4)For the purposes of the exercise and application of the provisions of this Act to and within Tanzania Zanzibar, the Minister and the Arms Authority shall ever take into account the geographical location of the area and the need to safeguard the national, regional and international interest in regard to public security.

7. Reciprocal recognition of arms licences issued in neighbouring countries

The Minister may, if he is satisfied that reciprocal provisions have been or will be made by the Governments of Kenya, Uganda, Rwanda, Burundi, Zaire, Zambia, Malawi, Zimbabwe or Mozambique for the recognition by or under the law in force in the said countries of arms licences granted under this Act, by order declare that an arms licence or firearm certificate corresponding to an arms licence under this Act and issued under such law shall, on being endorsed by an authorised officer, have the same effect and validity in the United Republic as if it were an arms licence granted under this Act.

Part III – Restriction on export and import of arms and ammunition (ss. 8-12)

8. Restriction on the export of arms and ammunition

(1)After the commencement of this Act, it shall be an offence for any person to export from the United Republic any arms or any ammunition except under a licence issued by an authorised officer, for such or other arms, subject to the other provisions of this section.
(2)An authorised officer may, subject to any regulations, grant licences for the export of arms and ammunition not intended for use for warlike purposes to any place specified in the licence; except that before granting the licence, the authorised officer shall satisfy himself that the arms and ammunition are not intended for disposal in any way contrary to the provisions of the Convention.
(3)In granting the export licence, the authorised officer may attach to the licence any term and condition consistent with the provisions of this Act and of the Convention which he may deem fit, and in particular may limit the licence to exportation to a named consignee.
(4)In the case of arms and ammunition adapted both to warlike and also to other purposes, the Arms Authority may determine from the size, destination and other circumstances of each consignment for what use they are intended, and decide in each case whether or not they are to be regarded as arms or armaments and ammunition.

9. Restriction on the import of arms and ammunition

(1)Except as may be allowed by regulations or by licence granted by the Arms Authority, it shall be unlawful for any person to import into Mainland Tanzania or into Tanzania Zanzibar any arms or ammunition of any description.
(2)Any arms or ammunition allowed to be imported shall be landed only at the prescribed ports.
(3)The provisions of sections 8 and 9 shall have effect as if they formed part of the Customs Management and Tariff) Act 2.2Cap. 146

10. Arrest without warrant of person carrying arms or in possession thereof

Any person carrying or having in his possession or moving, or reasonably suspected of carrying or having in his possession or moving, any firearms, ammunition or prohibited arms in contravention of this Act may be arrested without a warrant by any police officer, and shall be conveyed as soon as may be practicable to a police station, to be dealt with according to law.

11. Travellers may introduce arms on certain conditions

(1)Notwithstanding the preceding provisions regarding the importation of arms and ammunition, and subject to subsection (2), travellers may introduce arms and ammunition, but not armaments, by land or inland waters or by air, except that the travellers—
(a)shall be subjects of the High Contracting Parties to the Convention;
(b)are authorised to carry such arms and ammunition by the Government of the country of which they are subjects in accordance with the terms of the Convention;
(c)shall carry documents of authorisation specially confirmed by the declaration of an official of such Government duly authorised in that behalf;
(d)shall immediately report to the nearest Government officer on the frontier, or if there be none at the actual frontier, then at the nearest station on or close to the route followed by the travellers;
(c)shall inform the Government officer of the exact quantity of arms and ammunition carried and produce the same for inspection if required.[Please note: numbering as in original.]
(2)No traveller may introduce arms or ammunition into Tanzania Zanzibar under the provisions of this section except with and in accordance with the terms of an express authorisation for that purpose given by or with the consent of the Arms Authority in Tanzania Zanzibar, or the written instruction of the Minister given in that behalf in relation to any particular traveller or category of travellers.

12. Transit licence for contiguous States

Notwithstanding anything in this Act contained, transit licences for the importation of arms or ammunition, whether complete or in parts, to contiguous States may be granted, suspended, or refused by the Minister in accordance with the provisions of article 10 of the Convention.

Part IV – Storage and other dealings in arms (ss. 13-23)

13. Deposit in public warehouses

(1)Any person who imports arms and ammunition shall immediately deposit them in a public warehouse at his own expense, but before doing so shall obtain the permit of an authorised officer and shall conform to any directions which may be given by an authorised officer with regard to the transport of the arms and ammunition to the public warehouse; except that this section shall not apply to any arms or ammunition imported by or for the use of the Government.
(2)Notwithstanding the provisions of subsection (1) regarding the places for the deposit of imported arms and ammunition, the Arms Authority may, in relation to Tanzania Zanzibar, after consultation with the Minister, prescribe any other place or places where arms and ammunition imported may be deposited and such places may include police stations.

14. Registration of imported arms and ammunition

(1)As soon as possible after deposit in a public warehouse, police station or as the case may be, and before withdrawal, every complete arm and, where the arm is not complete, every part of an arm, and every package of ammunition, shall be registered in the prescribed manner according to any existing marks and numbers and, if so required, shall be stamped or marked in the prescribed manner.
(2)The person depositing the arm or ammunition shall supply such information for the purposes of enabling the registration effected as may be required by the officer in charge of the warehouse, police station or as may be prescribed.

15. Arms and ammunition imported for sale to be registered as such

All arms and ammunition imported solely for the purposes of sale shall be registered as such when first deposited in a public warehouse or police station and on every transfer thereof to a public or private warehouse or to a police station.

16. Withdrawal from public warehouse, police station, etc.

(1)No arms or ammunition deposited in a public warehouse, police station or other place prescribed by the Arms Authority shall be withdrawn except in accordance with a permit signed by an authorised officer or the Arms Authority.
(2)No permit shall be granted for the withdrawal of any arms or ammunition except in accordance with the prescribed conditions and until the authorised officer or Arms Authority is satisfied that they are—
(a)for despatch to places designated by the Minister where the inhabitants are allowed to carry or possess arms under the control and responsibility of local government authorities for the purposes of defence against robbers, dangerous animals or rebels;
(b)for despatch to another public warehouse, police station or to a private warehouse; or
(c)for individuals who can show that they require the arms and ammunition for their legitimate personal use.
(3)The authorised officer or Arms Authority may specify in the permit the place to and the time within which the arms and ammunition are to be despatched after withdrawal and the place in which they are to be secured in the interval.
(4)The authorised officer or Arms Authority may in his discretion limit the quantity of arms and ammunition permitted to be withdrawn at any one time.
(5)Before permitting the withdrawal of arms and ammunition, the authorised officer or Arms Authority may require such security to be given as he thinks fit that the provisions of this Act and any regulations and of the permit for withdrawal shall be complied with.

17. Arms to be described in permit for withdrawal

Every permit for the withdrawal of arms or ammunition shall specify the mark, number and description of the arms and ammunition authorised to be withdrawn.

18. Withdrawal for killing game

The Arms Authority or an authorised officer appointed for the purpose by the Arms Authority may require any person applying for a permit for the withdrawal of arms or ammunition to be used by him for the purpose of killing game or other animals, to take out a licence under the Wildlife Conservation Act 3, and may refuse to issue a permit until such licence is taken out.3Cap. 283

19. Powers of Inspector-General of Police to store arms

(1)Subject to the provisions for forfeiture contained in sections 37 and 38, and subject to the other provisions of this section, the Inspector-General of Police may store arms or ammunition which come into the hand of the police and may charge fees for such storage.
(2)The Arms Authority shall by notice published in the Gazette, determine the fees to be paid in respect of storage under this section.
(3)Where any arms or ammunition are stored under this section for eighteen months or the fees payable under this section remain unpaid for two months, application may be made to a Resident Magistrate for the forfeiture of the arms or ammunition.
(4)Where in relation to an application made under subsection (3) the resident magistrate is satisfied–
(a)that reasonable steps have been taken to bring the application to the notice of the person who appears to be the owner of the arms or ammunition; and
(b)that such person has had reasonable opportunity to pay the outstanding fees or to dispose lawfully of the arms or ammunition, as the case may be, the resident magistrate may order the arms or ammunition to be forfeited.

20. Manufacture of arms or ammunition

No arms or ammunition shall be manufactured or assembled except at arsenals established by the Government in accordance with the provisions of the Convention.

21. Repair of arms

No arms other than smooth-bore muzzle-loading arms shall be repaired except at Government arsenals or at arsenals or establishments licensed by the Arms Authority for the purpose and before such a licence is granted guarantees shall be given for the observance of the rules of the Convention in such form as the Minister shall direct.

22. Surrender of armaments

(1)Every person who at the commencement of this Act has in his possession or control in the United Republic any armaments or any ammunition shall within one month from the commencement of this Act surrender them to an authorised officer or to an Arms Authority.
(2)Every person who after the commencement of this Act acquires the possession or control of any armaments in the United Republic shall within fourteen days from the date on which he acquires such possession or control surrender them to an authorised officer or to an Arms Authority.
(3)All armaments or ammunition surrendered under this section shall be disposed of by an authorised officer or the Arms Authority in such manner as the Minister directs.

23. Registration of arms and ammunition already in the United Republic

Every person having in his possession or control in the United Republic any arms or ammunition other than the arms and ammunition referred to in the preceding section shall cause them to be registered within the prescribed period and in the prescribed manner, and, if so required, to be stamped or marked by the prescribed person in the prescribed manner.

Part V – Trading in arms and private warehouses (ss. 24-30)

24. Restriction on sale and transfer of arms or ammunition

No person shall sell or transfer or buy or accept any arms or ammunition, either by way of gift or for any consideration, except in accordance with a permit signed by an authorised officer.

25. Private warehouse not to be kept without licence

No person shall keep a private warehouse for arms and ammunition without a licence from the arms Authority.

26. Provisions as to private warehouses

A person licensed to keep a private warehouse shall–
(a)reserve for the purposes enclosed premises having only one entry provided with two locks, one of which can be opened only by officers of the government;
(b)be responsible for all arms and ammunition deposited in the premises and account for them on demand of any authorised officer, and shall for this purpose keep a register of deposits and withdrawals in the prescribed form and every entry in such register shall—
(i)be made at the time of or immediately after the deposit or withdrawal;
(ii)be dated;
(iii)be numbered consecutively;
(iv)contain particulars of the arms and ammunition in respect of which they are made by reference to the marks and numbers stamped and registered in pursuance of the provisions of this Act.

27. Deposit and withdrawal of arms or ammunition

(1)No arms or ammunition shall be deposited in or withdrawn from a private warehouse except on written application in the prescribed form and in accordance with a permit signed by an authorised officer.
(2)If at any time there is found in a private warehouse more arms and ammunition than the quantity for which permits to deposit have been granted, the licensee commits an offence under this Act.
(3)If at any time there is found in a private warehouse less arms and ammunition than the quantity which has been deposited in it or than the quantity which according to the register of deposits appears to have been deposited in it, and the deficiency is not accounted for by withdrawals under permits to withdraw, the licensee commits of an offence under this Act.

28. Permits for withdrawals from private warehouse

(1)Permits to withdraw arms or ammunition from a private warehouse shall only be granted in the following cases–
(a)where the withdrawal is for the purposes of a sale or transfer the permit for the sale or transfer and the arms licence of the purchaser or transferee shall be produced by the applicant; except that where such sale or transfer is of gun powder or caps to a local authority or to a person acting on its behalf, the production by such local authority or person acting on its behalf, of the permit for the sale or transfer shall be sufficient;
(b)for the purposes of export, in which case any licence or permit required must be produced;
(c)for the removal from one private warehouse to another or to a public warehouse;
(d)for the purposes of exhibition in such premises as may be specified in the permit.
(2)Every such permit shall describe the arms and ammunition to which it relates by reference to the marks and numbers stamped and registered in pursuance of the provisions of this Act.
(3)Where the permit is given for the purposes of exhibition, the owner shall be responsible for its safe custody, and if any such arms or ammunition are removed from the premises in which they are permitted to be deposited without the permit of an authorised officer, the owner commits an offence under this Act.

29. Power to order removal to public warehouse of all arms and ammunition and to close arms shops, etc.

It shall be lawful for the Arms Authority, with the prior consent of the Minister given in such manner as may in each case be practicable, for the purposes of the restoration of public order and tranquillity or the preservation of public peace in any area–
(a)to order the removal to the public warehouse or a police station of all arms and ammunition in the possession of–
(i)any importers of;
(ii)dealers in; or
(iii)vendors of,
arms or ammunition or of such arms and ammunition only as, in the opinion of the Arms Authority, are not in safe keeping or custody; or
(b)to order—
(i)the closing of all shops or stores where arms or ammunition are sold; and
(ii)the suspension of the sale of all arms and ammunition during the continuance of any situation of public disturbance.

30. Penalty for failure or refusal to deliver up arms or ammunition

Any person who fails or refuses, after due notification, to deliver up any arms or ammunition the removal of which to the said public warehouse or police station has been ordered under section 29, and every person who omits or refuses otherwise to comply with the order commits an offence and upon conviction is liable to imprisonment for six years.

Part VI – Enforcement provisions (ss. 31-41)

31. Central offices to be established at Dar es Salaam and Zanzibar

(1)A central office shall be established at Dar es Salaam and at Zanzibar under the control of the Inspector-General of Police or such other officers as the Minister may appoint, for recording all permits and licences issued under this Act.
(2)It shall be the duty of every authorised officer to transmit to the central offices at the beginning of very month a record of a permits and licences issued by him during the preceding month.

32. Safe custody of arms and ammunition

(1)Any person having in his possession, control or custody any arms or ammunition shall take all such precautions as may be reasonably necessary to prevent such arms or ammunition from falling into the possession, control or custody of any unauthorised person and shall comply with such security measures, both with regard to the safe custody of the arms or ammunition and the condition in which the arms or ammunition shall be kept, as may be prescribed.
(2)In any proceedings under the provisions of this section or any regulation concerning security measures—
(a)the burden of proof that all such precautions as were reasonably necessary to prevent such arms or ammunition from falling into the possession, control or custody of an authorised person were taken or that such security measures as may be prescribed were complied with, shall lie on the person charged; and
(b)where arms or ammunition are lost or stolen, it shall be presumed, until the contrary is proved, that they have fallen into the possession, control or custody of an unauthorised person.
(3)For the purposes of this section "unauthorised person" means, in relation to any arms or ammunition, any person other than the person lawfully entitled under the provisions of this Act to possess those particular arms or ammunition.

33. Power to make regulations

(1)The Minister may, after consultation with the Arms Authority for Tanzania Zanzibar, make regulations–
(a)prescribing persons to whom any licence or permit shall be issuable and the officers by whom the form in which, and the terms and conditions on and subject to which any licence or permit, or its duplicate under this Act shall be issued, including the payment of fees in respect of the licence or permit and providing for the revocation of any licence or permit or its duplicate;
(b)providing for the issue of general or special directions to authorised officers by any specified person and the compliance by authorised officers with any directions so issued;
(c)regulating the stamping, numbering, and registering of arms and ammunition;
(d)prescribing for the establishment and regulation of public and private warehouses;
(e)prohibiting or regulating the possession, sale, purchase and transfer of gunpowder and caps by or from local authorities and persons acting on behalf of local authorities;
(f)prescribing the form and manner in which any register or records required by this Act or any regulations under it shall be kept and their inspection;
(g)restricting and regulating the transport of arms and ammunition;
(h)prescribing fees, rent, and charges for the use of public warehouses or for anything to be done under the Act or any regulation made under it and the manner in which they may be recovered;
(i)prescribing the security measures, both with regard to the safe custody of arms and ammunition and the condition in which they shall be kept, to be taken by any person having in his possession, control or custody of any arms or ammunition;
(j)generally for the carrying out of the provisions of this Act.
(2)All regulations made under this section shall be published in the Gazette.
(3)In making regulations under this section, the Minister may make regulations specifically relating to Tanzania Zanzibar or making provisions in relation to situations pertaining to arms or ammunition in Tanzania Zanzibar which are different from those made in respect of situations and arms and ammunition in Mainland Tanzania.

34. Penalties

(1)Any person who contravenes any provision of this Act, or any regulation, notice, or order made under it, or the conditions of any licence or permit, commits an offence under this Act.
(2)Any person who commits an offence under this Act shall upon conviction except where any other penalty is provided, be liable to imprisonment for a term not exceeding fifteen years or to a fine not exceeding three million shillings or to both such fine and imprisonment.
(3)Any person so convicted who holds a licence or permit under this Act, shall be further liable to forfeiture of his licence or permit or to the suspension of that licence or permit for such period as the court thinks fit.

35. Attempts and abetment

Any person who abets or attempts to commit any offence under this Act, commits an offence under this Act.

36. Penalty for use and possession of firearms and imitation firearms in certain cases

(1)If any person makes or attempts to make any use at all of a firearm or imitation firearm with intent to resist or prevent the lawful apprehension or detention of himself or any other person that person shall be guilty of committing an offence, and upon conviction be liable to imprisonment for six years.
(2)Where any person commits an offence under subsection (1) in respect of the lawful apprehension or detention of himself for any other offence committed by him, he shall be liable to the penalty provided by subsection (1) in addition to any penalty to which he may be sentenced for that other offence.
(3)If any person, at the time of commission, or at the time of his apprehension for, any offence specified in the Schedule to this Act, has in his possession a firearm or imitation firearm, he shall, unless he shows that he had it in his possession for a lawful object, commits an offence, and upon conviction is liable to imprisonment for three years in addition to any penalty to which he may be sentenced for the offence under subsection (1) or (2).
(4)If on the trial of any person for an offence under subsection (1) or (2) the court is not satisfied that that person committed that offence but is satisfied that he committed an offence under subsection (3), it may find him guilty of the offence under subsection (3) and he shall thereupon be liable to be punished accordingly.
(5)An imitation firearm shall, notwithstanding that it is not loaded or is otherwise incapable of discharging any shot, bullet or other missile, be deemed to be an offensive weapon or instrument for the purposes of section 286 of the Penal Code 4.4Cap. 16
(6)In this section, the expression "imitation firearm" means anything, other than an arm within the meaning of section 3, which if observed in daylight has the appearance of being a lethal barrelled weapon of any description.

37. Forfeiture of arms, etc., connected with offence

Any arms or ammunition and any vessel in respect of or in connection with which an offence has been committed under this Act may, if the court thinks fit, be forfeited to the Government.

38. Forfeiture of arms or ammunition without apparent owner

Any arms or ammunition which are found in any building, vessel, aircraft, or place without any apparent owner may whether or not any person is charged with or convicted of any offence in connection with the arms and ammunition, be ordered by the court to be forfeited to the Government.

39. Power to stop and search for arms in the street

It shall be lawful for any police officer to stop, and to search any person for arms —
(a)any person who he may find in any street or other public place between hours of 12 p.m. 6 a.m.; and
(b)whom he may find in any street or other public place, at any hour of the day or night, who acts in a suspicious manner, or whom he may suspect of having any arms in his possession.

40. Seizure of arms or ammunition

When any officer or other person executing a search warrant has reasonable cause to believe that any arms or ammunition found by him in any place, ship or vehicle are being kept, conveyed, landed or sold in contravention of this Act or any regulation, he may seize and detain the same until a magistrate has decided whether or not the arms or ammunition are liable to be forfeited.

41. Persons seizing arms indemnified

A person acting under such warrant shall not be liable to any suit for seizing or detaining any arms or ammunition subject or appearing to be subject to the provisions of this Act.

Part VII – Miscellaneous provisions (ss. 42-46)

42. Presumptions

Every person who is proved to have had in his possession or under his control anything containing any arms or ammunition, shall, until the contrary is proved, be deemed to have been in possession of such arms or ammunition.

43. Power of other police officers

The powers and duties which may be exercised by the Inspector-General of Police under this Act may be exercised by any police officer of or above the rank of senior superintendent authorised in writing in that behalf by the Inspector-General of Police.

44. Repeal of Z. Cap. 162

[Repeals Cap. 162 of the Laws of Zanzibar.]

45. Repeal of R.L. Cap 223

[Repeals the Arms and Ammunition Ordinance.]

46. Savings, transitional and consequential provisions

(1)Notwithstanding the repeal of the Firearms Decree 5 and of the Arms and Ammunition and Ordinance 6—5Z. Cap. 1626R.L. Cap. 223
(a)all subsidiary legislation made under the Firearms Decree 7 in relation to arms and ammunition in Tanzania Zanzibar, and all subsidiary legislation made under the Arms and Ammunition Ordinance 8 in relation to arms and ammunition in Mainland Tanzania, which is in force on the appointed day shall be deemed to be subsidiary legislation made under this Act, and shall remain in force until revoked by regulations or rules made under this Act;7Z. Cap. 1628R.L. Cap. 223
(b)all officers appointed under the Firearms Decree 9 or the Arms and Ammunition Ordinance 10 to perform functions in relation to the control of the manufacture, importation, sale storage, carriage export or other dealings in arms and ammunition, shall continue to perform those functions in so far as this Act relates to them unless their tenure of office expires or their appointments are sooner terminated or as the case may be, they are re-appointed and shall, for that purpose, be deemed to have been appointed under this Act.9Z. Cap. 16210R.L. Cap. 223
(2)Notwithstanding any provision in this Act to the contrary, the Minister may, on the recommendation of the Arms Authority and upon being satisfied that special circumstances exist which make it just and equitable to do so, permit any person who was licensed, registered or permitted in any other way under the Firearms Decree 11 or the Arms and Ammunition Ordinance 12 to deal in any manner with or in connection with arms or ammunition continue doing so, after the appointed day, upon conditions determined by the Minister.11Z. Cap. 16212R.L. Cap. 223
(3)The Minister may, after consultation with the Arms Authority for Tanzania Zanzibar, by notice published in the Gazette, at any time before the expire of twelve months from the appointed day, make such consequential, transitional or supplementary provision as he may consider necessary consequent upon the repeal of the Firearms Decree 13 and the Arms and Ammunition Ordinance 14, or for facilitating the assumption by the Arms Authority of its functions under this Act.13Z. Cap. 16214R.L. Cap. 223

Schedule (Section 36(3))

Offences

1.Theft contrary to section 258 of the Penal Code.
2.Causing injury to property contrary to sections 319, 321, 323, 325, 326, 327 and 331 of the Penal Code.
3.Offences against morality under Chapter XV of the Penal Code.
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History of this document

01 September 2015
06 August 2010 amendment not yet applied
04 January 2008 amendment not yet applied
31 July 2002 this version
Consolidation
04 May 2001
Commenced

Cited documents 4

Act 4
1. Wildlife Conservation Act 1026 citations
2. Armaments Control Act 18 citations
3. Marine Parks and Reserves Act 11 citations
4. National Construction Council Act 7 citations

Documents citing this one 120

Judgment 106
1. John Paulo @ Shida vs Republic (Criminal Appeal 335 of 2009) [2011] TZCA 114 (24 March 2011) 4 citations
2. Ramadhani Omary Mtiula vs Republic (Criminal Appeal 62 of 2019) [2020] TZCA 1734 (19 August 2020) 4 citations
3. Fidelis Mohamed Kikungwe vs Republic (Criminal Appeal No. 451 of 2022) [2024] TZCA 656 (30 July 2024) 3 citations
4. Njile Samwel @ John vs Republic (Criminal Appeal 31 of 2018) [2021] TZCA 391 (20 August 2021) 3 citations
5. Masanja s,o Misalaba vs Republic (Criminal Appeal No 363 of 2016) [2019] TZCA 626 (11 December 2019) 2 citations
6. Masanja s/o Misalaba vs Republic (Criminal Appeal No. 363 of 2016) [2019] TZCA 474 (11 December 2019) 2 citations
7. Abdallah Said Mwingireza vs Republic (Criminal Appeal No. 258 of 2013) [2015] TZCA 333 (16 July 2015) 1 citation
8. Ahmed Shilla Mkumbo vs The Director of Public Prosecutions (Criminal Appeal 235 of 2010) [2010] TZCA 18 (25 November 2010) 1 citation
9. Director of Public Prosecutions vs Festo Emmanuel Msongaleli & Another (Criminal Appeal No. 62 of 2017) [2020] TZCA 312 (15 June 2020) 1 citation
10. Fidelis Mlelwa & Another vs Republic (Criminal Appeal 248 of 2015) [2016] TZCA 299 (13 April 2016) 1 citation
Act 6
1. Wildlife Conservation Act 1026 citations
2. National Security Act 54 citations
3. Export Processing Zones Act 29 citations
4. Armaments Control Act 18 citations
5. Explosives Act 12 citations
6. Refugees Act, 1998 7 citations
Gazette 3
1. Tanzania Government Gazette dated 2001-05-04 number 18
2. Tanzania Government Gazette dated 2009-07-03 number 27
3. Tanzania Government Gazette dated 2010-06-25 number 26
Government Notice 3
1. Arms and Ammunition (Safe Custody) Regulations,1954
2. Arms and Ammunition Regulations, 1924
3. Immunities and Privileges Order, 1961
Finding aid 1
1. The Subsidiary Legislation of Tanzania Index - Vol. 2: 1998 - 2007
Ordinance 1
1. Corporal Punishment Act 1 citation