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- Is amended by Written Laws (Miscellaneous Amendments) (No. 3) Act, 2020
- Is amended by Written Laws (Miscellaneous Amendments) (No. 5) Act, 2019
- Amends Local Government Finances Act
- Repeals Arms and Ammunition Act
Tanzania
Firearms and Ammunition Control Act, 2015
Chapter 223
- Published in Tanzania Government Gazette 22 on 22 May 2015
- Assented to on 25 April 2015
- Commenced on 1 September 2015
- [This is the version of this document as it was from 22 May 2015 to 19 September 2019.]
Part I – Preliminary provisions
1. Short title and commencement
This Act may be cited as the Firearms and Ammunition Control Act, 2015 and shall come into operation on such date as the Minister may, by notice published in the Gazette, appoint.2. Application
3. Interpretation
In this Act, unless the context otherwise requires—“airgun” means any device manufactured to discharge a bullet or any other projectile of a calibre of less than 5.6 mm (22 calibre), by means of compressed gas and not by means of a burning propellant;“approved firearms warehouse” means storage facility of firearms approved by the Registrar;“armaments” has the meaning ascribed to it under the Armaments Control Act;[Cap 246]“ammunition” means a primer or complete cartridge including the cartridge case, unfired primer, propellant, bullets, and projectiles that are used in firearms and anything which the Minister may, by notice published in the Gazette, declare to be an ammunition;“amnesty” means an immunity against prosecution for the unlawful possession of a firearm or ammunition granted pursuant to section 64;“antique firearm” means a firearm manufactured before the 1st of January 1900;“authorized officer” means a police officer or any other officer designated as such by the Registrar to assist in the implementation of this Act;“Armaments Control Advisory Board” has the meaning ascribed to it under the Armaments Control Act;[Cap. 246]“broker” means a person who acts—(a)for a commission, advantage or cause, whether pecuniary or otherwise;(b)to facilitate the transfer, documentation or payment in respect of any transaction relating to the buying or selling of small arms and light weapons; or(c)as an intermediary between any manufacturer or supplier of, or a dealer in small arms and light weapons and any buyer or recipients thereof;“Central Firearms Registry” means the Registry established under section 9;“Committee” means the Arms Management and Control Committee established under section 5;“Company” means the company established under the Companies Act;[Cap. 212]“dealer” means any person authorised under this Act to trade in firearms and ammunition;“end-user certificate” means a document used in the international sale of firearms and ammunition specifying that the buyer is the final recipient of the firearm;“explosive” means—(a)any substance or a mixture of substances, in a solid or liquid form, which is capable of producing an explosion;(b)a pyrotechnic substance in a solid or liquid form, or a mixture of such substances, designed to produce an effect by heat, light, sound, gas or smoke or a combination of these as the result of non-detonative self-sustaining exothermic chemical reaction, including pyrotechnic substances which do not evolve gases;(c)any particle or device containing one or more substances contemplated in paragraph (a), but does not include thunderstorms;substances contemplated in paragraph (a), but does not include thunderstorms;(d)any plastic explosive; or(e)any other substance or particle which the Minister may from time to time by notice in the Gazette declare to be an explosive;“explosives magazine” means any building or part thereof, or any structure, licenced under this Act for the storage of explosives;“firearm” includes small arms, light weapons, muzzle loading guns and antique firearms except armaments;“firearm free zone” means a zone designated as such pursuant to section 65;“gunsmith” means a person who is authorized in terms of this Act to repair a firearm;“imitation explosive” means anything that has the appearance of an explosive, but which is not capable of operating as such and cannot by superficial examination be identified as an explosive;“light weapons” includes portable weapons designed for use by several persons saving as crew, any machine guns, automatic cannons howitzers motors of less than 100 mm caliber, grenade launchers, anti tank weapons, recoilless guns, shoulder fire rockets, aircraft weapons and launchers;“licence” means a document issued to an applicant to own, import, export, manufacture, deal, or do any act licenced under this Act;“manufacturer” means a person who engages himself in the making or processing of any firearms, ammunition or any part thereof into components by any process, the conversion of any kind of explosive into another kind and the alteration, testing or repairing of any explosive, and the word “manufacture” shall be construed accordingly;“Minister” means the Minister for the time being responsible for Home Affairs;“National Focal Point” means the National Focal Point designated as such under section 4;P{refersTo #term-plastic_explosive} “plastic explosive” means any explosive in flexible, malleable, elastic or sheet form which is—(a)formulated with one or more high explosives which in their pure form have a vapour pressure of less than 10-4 Pa at a temperature of 25°C;(b)formulated with any binder material; and(c)as a mixture, flexible or malleable at normal room temperature;“permit” means a document issued to a person authorizing him to perform a particular function under this Act;“police officer” has the meaning ascribed to it by the Police Force and Auxiliary Police Act;[Cap 322]“private collector” means a member of an accredited collector's institution who collects firearms or ammunition, and who is not a public collector;“protocol” means protocol referred to under section 46;“public collector” means a person who collects firearms or ammunition for display to the public and is accredited as such;“private security company” means a private company registered under the Companies Act to render security services and which has been approved by the Inspector General of Police;[Cap 212]“private security industry” means private entities or organizations providing security services;“Registrar” means the Registrar of Firearms referred to in section 8;“small arms” includes light machine guns, submachine guns, machine pistols, full automatic rifles, assault rifles and semi automatic rifles.Part II – Administrative provisions
(a) – National focal point
4. National focal point
(b) – Arms management and control committee
5. Establishment of the committee
There is established a Committee to be known as the Arms Management and Control Committee.6. Composition of the committee
7. Functions of the Committee
(c) – Registrar of firearms
8. Registrar of firearms, powers and functions
9. Establishment of the central firearms registry
Part III – Possession of firearms and ammunition
(a) – Licence or permit to possess firearms
10. Application for a licence or permit
11. Qualifications
12. Certificate of competency
13. Reciprocal recognition of firearms licences issued in neighbouring countries
14. Separate licence for each firearm
The Registrar shall issue a separate licence for each firearm.15. Licence to possess firearms in a private collection
16. Licence to possess firearms for business purposes
17. Temporary permit to possess a firearm
18. Manufacturer’s identification serial number
A firearm licence shall not be issued to any person unless the firearm bears the manufacturer's serial number or any other identification mark by which the firearm can be identified.19. National identification mark
20. Unlawful possession of a firearm
(b) – Licence or permit to possess ammunition
21. Unlawful possession of ammunition
A person shall not possess any ammunition unless he—22. Authorisation of number of ammunition to be possessed
23. Prohibition from using certain classes of ammunition
The Minister may, in consultation with the relevant authority in Tanzania Zanzibar and by notice published in the Gazette, prohibit or restrict the acquisition, disposal, possession or use of ammunition of a specified class if it is—24. Permit to possess ammunition in a private collection
25. Permit to possess firearms and ammunition by a public collector
(c) – Persons unfit to possess firearms
26. Persons unfit to possess firearms
(d) – Deposit and storage of firearm and ammunition
27. Deposit and storage of firearms and ammunition
28. Record keeping by importer
29. Withdrawal from approved firearms warehouse or police station, etc.
30. Powers of the inspector general of police on storage of firearms
31. Provisions in relation to Tanzania Zanzibar
Part – Dealers, manufacturers, gunsmiths and brokers licences and permits
(a) – Dealers
32. Dealer’s permit
33. Conditions imposed on dealers
The Minister may, in consultation with the relevant authority in Tanzania Zanzibar, make regulations prescribing for the—34. Change of premises
35. Duties of a dealer
36. Firearms disposal on ceasing to carry on business
Where a person who holds a licence issued in terms of Part III, ceases to carry on business for any reason, he shall keep the firearms and ammunition in his possession in safe custody at a place to be designated by the Registrar.37. Application of other laws
A permit issued under this Part shall not exempt the permit holder from complying with the provisions of any other written laws regulating business licensing.(b) – Manufacturers, Gunsmiths and Brokers
38. Prohibition of manufacture of firearms or ammunition
39. Repair of firearms
40. Approval of the armament control advisory board
Notwithstanding any provision of this Act, the Registrar shall not issue a gunsmith’s permit unless the applicant is approved by the Armament Control Advisory Board.41. Gunsmith's permit conditions
The Minister may, in consultation with relevant authority in Tanzania Zanzibar, prescribe—42. Broker’s permit
A person shall not act for others in negotiating or arranging contracts, purchases, sales or the transfer of firearms and ammunition in return for a fee, commission or other consideration unless that person is a holder of a broker's permit issued under this Act.43. Issuance of a brokers permit
The Minister may, in consultation with the relevant authority in Tanzania Zanzibar prescribe—44. Approval of the Armament Control Advisory Board
Notwithstanding any provision of this Act, a brokers’ permit shall not be issued to operate in the United Republic of Tanzania unless the broker is approved by the Armament Control Advisory Board.Part V – Import, export, transit, and transport of firearms and ammunition
(a) – Import, Export, Transit and Transport of Firearms and Ammunition
45. Import, export and on transit
46. Transit licence for contiguous states
Notwithstanding anything contained in this Act, a transit permit for the importation of arms or ammunition, whether in whole or in parts to contiguous states, may be granted, suspended, refused, renewed or cancelled by the Minister in accordance with the provisions of Article 10 of the Convention referred to in the Fourth Schedule.47. Permit conditions
The Minister may, in consultation with the relevant authority of Tanzania Zanzibar, make regulations prescribing for—48. Inspection
(b) – Transportation of firearms and ammunition
49. Transporter’s permit
50. Conditions for transporting firearms
The Minister may, in consultation with the relevant authority in Tanzania Zanzibar, prescribe—51. Transporter’s duties
52. Application of other laws
A permit issued under this Part shall not exempt the person to whom it is issued from complying with any of the provisions of any other written laws regulating business licensing.Part VI – Search and seizure
53. Search and seizure
54. Immunity
No suit, prosecution or other legal proceedings shall lie against the Registrar or any other authorised officer exercising any powers or discharging any functions or performing any duties under this Act, for anything done in good faith under this Act.Part VII – Disposal of firearms
55. Firearms disposal in case of death
Where a firearm licence holder dies or ceases to exist while still in possession of a firearm, the firearm in question shall be disposed by the registrar in the manner to be prescribed in the regulations.56. Forfeiture of firearms connected with offence
Any firearm or ammunition which is connected with an offence shall, where the court thinks fit, be forfeited to the Government.57. Forfeiture of firearms or ammunition without an apparent owner
Part VIII – Miscellaneous provisions
58. The Central Firearms Registry offices
59. Safe custody of firearms and ammunition
60. “Offences and penalties”
61. Safe keeping of firearms or ammunition
A person who fails to keep a firearm or ammunition that is in his lawful possession in safe custody commits an offence and is liable, upon conviction, to a fine not exceeding two million shillings or to imprisonment for a term not exceeding one year or to both.62. Reporting of loss of firearms or ammunition
63. Presumption
Subject to section 62, where it is proven that the accused person was at any time lawfully in possession of or is the holder of a licence or is authorized to possess the firearm or ammunition alleged to have been lost, stolen or destroyed, it shall be sufficient evidence that—64. Amnesty for surrender of firearms
65. Firearm-free zones
66. Verification of records of firearms or ammunition
The Minister may in consultation with the relevant authority in Tanzania Zanzibar; and where it is in the public interest so to do, require any or all licence holders to verify their records of firearms or ammunition.67. Joint operations
For the purposes of combating illicit proliferation of firearms and ammunition, the Inspector General of Police may, in consultation with the Minister authorize any person to participate in any regional joint operations.68. Information sharing and mutual assistance
The Inspector General of Police may, for the purposes of combating illicit proliferation of firearms and ammunition—69. Classification of non-lethal weapons
70. Imitation firearms
71. Fees
The Registrar shall. in respect of services rendered under this Act, charge such amount of fees as may be prescribed in the regulations.72. Power to make regulations
73. Repeal
The Arms and Ammunition Act is hereby repealed.[Cap. 223]74. Savings,and transitional provisions
Notwithstanding the repeal of the Arms and Ammunition Act—Part IX – Consequential amendments to the Local Government (inance) Act, Cap 290
75. Construction
This Part shall be read as one with the Local Government (Finance) Act, hereafter referred to as the “principal Act”.76. Amendment of section 7
The principal Act is amended in section 7 by—History of this document
19 June 2020 amendment not yet applied
20 September 2019 amendment not yet applied
01 September 2015
Commenced
22 May 2015 this version
25 April 2015
Assented to
Cited documents 0
Documents citing this one 106
Judgment
105Subsidiary legislation
Title
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Government Notice 667 of 2018 | |
Government Notice 334 of 2016 |