Zambia Act or statute

Zambia legislation

Firearms Act, 1969

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Jurisdiction: Zambia
Structure: 65 provisions
Citation: Act 45 of 1969
Dates: As at 31 Dec 1996

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Dates: As at 31 Dec 1996

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“This section gives the Act its short title: the Firearms Act.”

This section gives the Act its short title: the Firearms Act. This section defines key terms used in the Act, including firearms, ammunition, licences, officials, clubs, warehouses, tourists, and transfers. This Act generally applies to all firearms and ammunition, but the Minister may exempt particular types or descriptions by statutory instrument. A Central Firearms Registry is established, and the Minister must appoint a Registrar to manage it. This section names the authorities that issue firearm licences and firearms dealer's licences: the relevant council in a municipal or township area, or otherwise the authority or person the Minister prescribes.

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Short title .................................................................................................................................................................................................... 1

This section gives the Act its short title: the Firearms Act.

Section 1

Variation and revocation of ﬁrearm licence .............................................................................................................................. 11

The Inspector General may vary, cancel, or revoke a firearm licence. If done on his own motion, he must report it to the Minister and notify the holder, who may then have to produce the licence within 14 days and, if revoked or cancelled, deposit the firearms…

Section 15

Prescribed fees ..................................................................................................................................................................................... 20

Fees must be paid for the grant or issue of the certificates, licences, and permits covered by this Act.

Section 31

Carrying ﬁrarms when drunk, etc .................................................................................................................................................. 26

A person commits an offence if they are drunk or disorderly while carrying a firearm. A police officer may arrest without warrant someone believed to have committed that offence.

Section 47

Interpretation ............................................................................................................................................................................................. 1

This section lists Penal Code provisions that are offences.

Section 2

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Showing 65 of 65 provisions

Amendment 22Offence 22Provision 13Substitution 4

Part

Part I – Preliminary

§ 1Short title .................................................................................................................................................................................................... 1Short title

This section gives the Act its short title: the Firearms Act.

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

Section 1Verify source

§ 2Interpretation ............................................................................................................................................................................................. 1Amendment

This section defines key terms used in the Act, including firearms, ammunition, licences, officials, clubs, warehouses, tourists, and transfers.

2. Interpretation In this Act, unless the context otherwise requires- "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; By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 1 Firearms Act, 1969 (Chapter 110) Zambia "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; By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 2 Firearms Act, 1969 (Chapter 110) Zambia "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] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 3 Firearms Act, 1969 (Chapter 110) Zambia

Section 2Verify source

§ 3Application .................................................................................................................................................................................................. 4Provision

This Act generally applies to all firearms and ammunition, but the Minister may exempt particular types or descriptions by statutory instrument.

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

Section 3Verify source

§ 4Establishment of Central Firearms Registry ................................................................................................................................... 4Provision

A Central Firearms Registry is established, and the Minister must appoint a Registrar to manage it.

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

Section 4Verify source

§ 5Licensing authorities ............................................................................................................................................................................... 4Amendment

This section names the authorities that issue firearm licences and firearms dealer's licences: the relevant council in a municipal or township area, or otherwise the authority or person the Minister prescribes.

5. Licensing authorities 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. 281 Local 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] Part II – Import and export of ﬁrearms and ammunition

Section 5Verify source

Part

Part II – Import and export of ﬁrearms and ammunition

§ 6Import of ﬁrearms and ammunition ................................................................................................................................................. 4Amendment

Importing firearms or ammunition is prohibited unless covered by the correct import permit and any permit conditions; some re-imports are exempt.

6. Import of ﬁrearms and ammunition (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. (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 By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 4 Firearms Act, 1969 (Chapter 110) Zambia (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]

Section 6Verify source

§ 6AImport of ﬁrearms or ammunition by public ofﬁcers .............................................................................................................. 5Amendment

Section 6 does not apply to certain public officers importing one firearm and a reasonable amount of ammunition, if the stated conditions are met.

6A. Import of ﬁrearms or ammunition by public ofﬁcers (1) The provisions of section six shall not apply to a public ofﬁcer who imports one ﬁrearm and a reasonable amount of ammunition— (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]

Section 6AVerify source

§ 6BImport of ﬁrearms or ammunitions by foreign diplomats ..................................................................................................... 5Amendment

Foreign diplomats with immunity or privileges may be exempt from section 6 when importing firearms or ammunition on first arrival in Zambia, if they declare the items to customs and surrender them for deposit.

6B. Import of ﬁrearms or ammunitions by foreign diplomats (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. (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. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 5 Firearms Act, 1969 (Chapter 110) Zambia (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]

Section 6BVerify source

§ 7Deposit in warehouse of ﬁrearms or ammunition imported for sale .................................................................................... 6Amendment

Anyone importing firearms or ammunition for sale must deposit them promptly in the nearest public warehouse, or another warehouse the Registrar directs.

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

Section 7Verify source

§ 8Registration of imported ﬁrearms and ammunition .................................................................................................................... 6Substitution

Imported firearms and ammunition for sale must be registered, may need marking, and importers must provide information needed for registration.

8. Registration of imported ﬁrearms and ammunition (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. (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.

Section 8Verify source

§ 9Restriction on export of ﬁrearms and ammunition ..................................................................................................................... 6Offence

Firearms or ammunition may be exported only under the right export permit and in line with any permit conditions; the Registrar issues the permits.

9. Restriction on export of ﬁrearms and ammunition (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. (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. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 6 Firearms Act, 1969 (Chapter 110) Zambia Part III – Firearm liceses

Section 9Verify source

Part

Part III – Firearm liceses

§ 10Prohibition against purchase, etc., of ﬁrearms or ammunition without licence ............................................................. 7Amendment

A person must not buy, acquire, or possess a firearm or ammunition unless they hold a firearm licence for it.

10. Prohibition against purchase, etc., of ﬁrearms or ammunition without licence (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. (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. 13 of 1994]

Section 10Verify source

§ 11Exemptions from holding ﬁrearm licence .................................................................................................................................... 7Offence

Section 11 lists situations where people may possess, use, buy, or move certain firearms, ammunition, or related apparatus without holding a firearm licence, and it allows an authorised officer to issue exemption certificates in specified cases.

11. Exemptions from holding ﬁrearm licence (1) The following provisions of this section shall have effect notwithstanding anything contained in section ten. (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. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 7 Firearms Act, 1969 (Chapter 110) Zambia (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) (c) 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 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.

Section 11Verify source

§ 12Firearm certiﬁcate ................................................................................................................................................................................. 8Amendment

Applications for firearm certificates must be made in the prescribed form to the officer in charge of police, who forwards them to the Inspector General for decision.

12. Firearm certiﬁcate (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. (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. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 8 Firearms Act, 1969 (Chapter 110) Zambia (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) (b) in the case of a ﬁrearm certiﬁcate, the description and serial number of the ﬁrearm to which it relates; 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]

Section 12Verify source

§ 13Firearm licence ....................................................................................................................................................................................... 9Offence

Rules for applying for a firearm licence, reporting a lost or found licence, and the conditions for issue, duplication, and variation.

13. Firearm licence (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. (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 By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 9 Firearms Act, 1969 (Chapter 110) Zambia (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) (7) 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. 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.

Section 13Verify source

§ 14Period of validity and renewal of ﬁrearm licence .................................................................................................................. 10Offence

A firearm licence lasts three years and can be renewed. The holder must apply in time, show the firearms and ammunition for inspection, and may have to deposit them in a public warehouse if not renewing.

14. Period of validity and renewal of ﬁrearm licence (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. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 10 Firearms Act, 1969 (Chapter 110) Zambia (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.

Section 14Verify source

§ 15Variation and revocation of ﬁrearm licence .............................................................................................................................. 11Substitution

15. Variation and revocation of ﬁrearm licence (1) The Inspector General may at any time either at the request of the holder of a ﬁrearm licence or of his own motion— (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. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 11 Firearms Act, 1969 (Chapter 110) Zambia (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]

Section 15Verify source

§ 16Antique ﬁrearms .................................................................................................................................................................................. 12Provision

A Divisional Commander may issue an exemption certificate for an antique firearm, and may require it to be made permanently unusable before issuing it. If the owner refuses that requirement, the owner must deposit the firearm in a specified public warehouse within one month unless licensed or lawfully disposed of it.

16. Antique ﬁrearms (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: 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.

Section 16Verify source

§ 17Associations ........................................................................................................................................................................................... 12Substitution

Associations that own or will own firearms or ammunition must have applications made through a named authorised official or representative, and the association must notify police and apply to vary the licence if that person leaves.

17. Associations (1) In this section, "association" means any company, ﬁrm, club, society, body or other association of persons whether corporate or unincorporate. (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 By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 12 Firearms Act, 1969 (Chapter 110) Zambia 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.

Section 17Verify source

§ 18Young persons ...................................................................................................................................................................................... 13Offence

Young persons are generally barred from buying, acquiring, or possessing firearms or ammunition, with limited age-based exceptions and a ministerial power to exempt persons by regulation.

18. Young persons (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. (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. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 13 Firearms Act, 1969 (Chapter 110) Zambia

Section 18Verify source

§ 19Servants of the Republic .................................................................................................................................................................. 14Provision

This section extends the firearms purchase/acquisition rules to persons serving the Republic, except the possession rules, and gives specific licence-related exceptions for authorised persons and armed forces members.

19. Servants of the Republic (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: 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.

Section 19Verify source

§ 20Production of licence ......................................................................................................................................................................... 14Offence

Police or authorised officers may demand a firearm licence from a person they reasonably believe has a firearm or ammunition, and may seize the item and ask for name and address if the person cannot comply.

20. Production of licence (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. (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.

Section 20Verify source

§ 21Production of ﬁrearms ....................................................................................................................................................................... 14Offence

Police or authorised officers may require a licence holder to produce a firearm or ammunition for inspection, and failure to comply is an offence.

21. Production of ﬁrearms (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. (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.

Section 21Verify source

§ 22Change of residence of holder of ﬁrearm licence .................................................................................................................. 14Offence

If a firearm licence holder changes residence, they must report the new address and produce the licence to the nearest police station within 30 days; if they move outside Zambia, they must report to an authorised officer and get a permit before removing firearms or ammunition, unless the temporary-move exception applies.

22. Change of residence of holder of ﬁrearm licence (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). By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 14 Firearms Act, 1969 (Chapter 110) Zambia (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.

Section 22Verify source

§ 23Death of holder of ﬁrearm licence ............................................................................................................................................... 15Provision

When a firearm licence holder dies, the licence lapses and anyone who receives the firearm or ammunition must deposit it in a public warehouse within 14 days.

23. Death of holder of ﬁrearm licence (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. (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) (5) 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. 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 and ﬁrearms dealiers and private warehouses

Section 23Verify source

Part

Part IV – Sale and transfer of ﬁrearms and ammunition

§ 24Private warehouses ............................................................................................................................................................................ 15Offence

Private warehouses for firearms and ammunition may only be kept by a firearms dealer’s licence holder, and firearms or ammunition may only be deposited or withdrawn if regulations allow it.

24. Private warehouses (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. (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. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 15 Firearms Act, 1969 (Chapter 110) Zambia

Section 24Verify source

§ 25Restrictions on sale or transfer of ﬁrearms .............................................................................................................................. 16Amendment

This section restricts who may sell, transfer, or handle firearms or ammunition, and creates offences and penalties for unlawful dealing or false licensing statements.

25. Restrictions on sale or transfer of ﬁrearms (1) No person shall, by way of trade or business— (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. 13 of 1994]

Section 25Verify source

§ 26Registration of ﬁrearms dealers .................................................................................................................................................... 16Offence

The Registrar must keep a register of firearms dealers, register eligible persons, issue registration certificates, and remove names in specified cases. An applicant applies in the prescribed form, may be refused, and an aggrieved person may appeal to the Minister within 14 days. False statements made to obtain registration are an offence.

26. Registration of ﬁrearms dealers (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. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 16 Firearms Act, 1969 (Chapter 110) Zambia (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.

Section 26Verify source

§ 27Registration of places of business of ﬁrearms dealers .......................................................................................................... 17Amendment

Firearms dealers must register each place of business, get the required police certificate, and obtain the licence before operating there.

27. Registration of places of business of ﬁrearms dealers (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. (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) (b) the premises in question are so constructed as to be a secure place for the safe-keeping of ﬁrearms and ammunition; suitable strong rooms, safes or other secure stores for the safe-keeping of ﬁrearms and ammunition are provided within the premises; By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 17 Firearms Act, 1969 (Chapter 110) Zambia (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) (c) 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 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, By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 18 Firearms Act, 1969 (Chapter 110) Zambia 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. 13 of 1994]

Section 27Verify source

§ 28Consequences of removal of place of business from register ............................................................................................ 19Amendment

If a firearms dealer’s place of business is removed from the register, the Registrar can notify the dealer, order the dealer to stop operating there, and later authorise disposal of stock if no appeal succeeds.

28. Consequences of removal of place of business from register (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. (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. 13 of 1994]

Section 28Verify source

§ 29Production of ﬁrearms dealer's licence ....................................................................................................................................... 19Offence

Police or authorised officers may require a suspected firearms dealer to produce a dealer’s licence, ask for name and address if the licence is not produced or cannot be read, and arrest without warrant in certain refusal or false-identification cases.

29. Production of ﬁrearms dealer's licence (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. (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.

Section 29Verify source

§ 30Form and duration of ﬁrearms dealer's licence ....................................................................................................................... 19Provision

A firearms dealer’s licence must be in the prescribed form and lasts one year from issue.

30. Form and duration of ﬁrearms dealer's licence (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. (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. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 19 Firearms Act, 1969 (Chapter 110) Zambia (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.

Section 30Verify source

§ 31Prescribed fees ..................................................................................................................................................................................... 20Provision

Fees must be paid for the grant or issue of the certificates, licences, and permits covered by this Act.

31. Prescribed fees (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. (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.

Section 31Verify source

§ 32Register of transactions in ﬁrearms and ammunition ........................................................................................................... 20Offence

Registered firearms dealers must keep a transactions register, record required particulars on time, let an authorised officer inspect the business and register, and send reports and returns to the Registrar.

32. Register of transactions in ﬁrearms and ammunition (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. (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.

Section 32Verify source

§ 33Register of transactions in ﬁrearms and ammunition ........................................................................................................... 20Offence

The court may make a disqualification order against certain firearms dealers and people involved in the offence, and affected persons may appeal.

33. Register of transactions in ﬁrearms and ammunition (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. (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 By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 20 Firearms Act, 1969 (Chapter 110) Zambia (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 ammunition

Section 33Verify source

Part

Part V – Manufacture, repair and conversion of ﬁrearms and ammunition

§ 34Restriction on manufacture of ﬁrearms and ammunition .................................................................................................... 21Substitution

Manufacturing firearms or ammunition in Zambia is prohibited unless it is for the Government or with the Minister’s consent, and it must be done at a Minister-designated place under Ministerial instructions.

34. Restriction on manufacture of ﬁrearms and ammunition (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. (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. 13 of 1994]

Section 34Verify source

§ 35Repair, etc., of ﬁrearms and ammunition ................................................................................................................................... 21Amendment

Most people may not repair, test, or prove firearms or ammunition unless they have a permit or fall within a stated exception.

35. Repair, etc., of ﬁrearms and ammunition (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; 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) (b) in the case of a registered ﬁrearms dealer, in accordance with the provisions of section thirty- two; or in any case authorised by a permit under subsection (1), in such manner as may be speciﬁed in such permit. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 21 Firearms Act, 1969 (Chapter 110) Zambia (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) (c) shows that he is by virtue of this Act entitled to have possession of such ﬁrearm or ammunition without holding a ﬁrearm licence; or 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. 13 of 1994]

Section 35Verify source

§ 36Restriction on conversion of ﬁrearms ......................................................................................................................................... 22Amendment

People must not modify firearms in the listed ways unless they have written permission from an authorised officer.

36. Restriction on conversion of ﬁrearms (1) No person shall, without the written permission of an authorised ofﬁcer— (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. 13 of 1994] Part VI – Miscellaneous

Section 36Verify source

Part

Part VI – Miscellaneous

§ 37Prohibited articles ............................................................................................................................................................................... 22Amendment

Only specified people may sell, transfer, buy, acquire, or possess a prohibited article; others commit an offence.

37. Prohibited articles (1) It shall not be lawful for any person other than a person— (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 By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 22 Firearms Act, 1969 (Chapter 110) Zambia (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. 13 of 1994]

Section 37Verify source

§ 38Safe custody of ﬁrearms and ammunition ................................................................................................................................ 23Offence

People who possess or control firearms or ammunition must keep them securely and take reasonable precautions against loss, theft, or unauthorized possession.

38. Safe custody of ﬁrearms and ammunition (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. (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.

Section 38Verify source

§ 39Notice of loss of ﬁrearm .................................................................................................................................................................. 23Amendment

If a firearm is lost, stolen, or destroyed, the licence holder must report it immediately to the nearest police station. An authorised officer who is satisfied of the loss, theft, or destruction must also make an endorsement and report to the Registrar.

39. Notice of loss of ﬁrearm (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. 13 of 1994] (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. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 23 Firearms Act, 1969 (Chapter 110) Zambia (3) Any person who fails to comply with the provisions of subsection (1) shall be guilty of an offence.

Section 39Verify source

§ 40Failure to take precautions against injury or damage .......................................................................................................... 24Amendment

A person handling or caring for a firearm or ammunition must take reasonable or proper precautions to avoid injury or damage to people or property.

40. Failure to take precautions against injury or damage 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. 13 of 1994]

Section 40Verify source

§ 41Firearms Code ....................................................................................................................................................................................... 24Amendment

The Minister may prepare, amend, and issue the Firearms Code, but any proposed code or amendment must be approved by the National Assembly before issuance.

41. Firearms Code (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. (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.

Section 41Verify source

§ 42Loan of ﬁrearms .................................................................................................................................................................................. 24Provision

A person may borrow and possess a firearm and ammunition for up to six months if the borrower has the right type of firearm licence and a prescribed transfer certificate.

42. Loan of ﬁrearms 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— (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.

Section 42Verify source

§ 43Prohibition of pawning of ﬁrearms .............................................................................................................................................. 24Offence

A person must not pawn or accept in pawn any firearm or ammunition.

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

Section 43Verify source

§ 44Deposit of ﬁrearms for safe custody ........................................................................................................................................... 24Offence

An authorised officer may require firearms or ammunition to be deposited in a public warehouse for safe custody, and non-compliance is an offence.

44. Deposit of ﬁrearms for safe custody (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. (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. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 24 Firearms Act, 1969 (Chapter 110) Zambia

Section 44Verify source

§ 45Power to prohibit carrying, etc., of ﬁrearms ............................................................................................................................. 25Amendment

The President may order firearms or ammunition to be carried, sold, or handed over restrictions, and police may arrest without warrant for breach; violating such an order is an offence.

45. Power to prohibit carrying, etc., of ﬁrearms (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— (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. 13 of 1994]

Section 45Verify source

§ 46Power to take possession of stocks of ﬁrearms and ammunition ..................................................................................... 25Amendment

The President may order police to take possession of certain firearms and ammunition for safe storage, and affected dealers must pack the stocks when told; receipts must be given and the items later returned when the Minister appoints a time.

46. Power to take possession of stocks of ﬁrearms and ammunition (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. (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. 13 of 1994] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 25 Firearms Act, 1969 (Chapter 110) Zambia

Section 46Verify source

§ 47Carrying ﬁrarms when drunk, etc .................................................................................................................................................. 26Amendment

A person commits an offence if they are drunk or disorderly while carrying a firearm. A police officer may arrest without warrant someone believed to have committed that offence.

47. Carrying ﬁrarms when drunk, etc (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. (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. 13 of 1994]

Section 47Verify source

§ 48Possessing ﬁrearms with intent to injure .................................................................................................................................. 26Offence

It is an offence to possess a firearm or ammunition with intent to endanger life or cause serious injury, or to help someone else do so.

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

Section 48Verify source

§ 49Penalty for use and possession of ﬁrearms in certain cases .............................................................................................. 26Offence

It is an offence to use or try to use a firearm or imitation firearm to resist lawful apprehension, and to have a firearm or imitation firearm during certain offences unless a lawful purpose is shown.

49. Penalty for use and possession of ﬁrearms in certain cases (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. (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. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 26 Firearms Act, 1969 (Chapter 110) Zambia

Section 49Verify source

§ 50Powers of search ................................................................................................................................................................................. 27Offence

A magistrate may issue a search warrant for suspected offences under this Act, and a searcher under that warrant may arrest a suspect without a separate warrant.

50. Powers of search Part VII – General (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— (a) (b) 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 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]

Section 50Verify source

Part

Part VII – General

§ 51Powers of search without warrant ............................................................................................................................................... 27Provision

Police officers of Sub-Inspector rank or above may search and detain suspected vehicles, vessels, or persons without a warrant, and seize firearms or ammunition found during the search.

51. Powers of search without warrant (1) Any police ofﬁcer of or above the rank of Sub-Inspector may without warrant— (a) (b) 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 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] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 27 Firearms Act, 1969 (Chapter 110) Zambia

Section 51Verify source

§ 52Obstruction, etc., of ofﬁcers ............................................................................................................................................................ 28Offence

A person must not obstruct an officer carrying out a search warrant or exercising powers under sections 50 or 51.

52. Obstruction, etc., of ofﬁcers 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.

Section 52Verify source

§ 53Taking possession of ﬁrearms or ammunition by customs ofﬁcer .................................................................................... 28Offence

If a customs officer takes firearms or ammunition that cannot lawfully enter Zambia, they must be handed to police, stored in a public warehouse, and reported on; the customs officer must also give a receipt, and the items may be returned on departure if notice and other conditions are met.

53. Taking possession of ﬁrearms or ammunition by customs ofﬁcer (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. (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.

Section 53Verify source

§ 54Penalties, forfeiture and revocation of licence ........................................................................................................................ 28Amendment

A convicted person may face a fine, prison, or both. The court may also forfeit or dispose of firearms or ammunition and revoke a firearm licence, and the Registrar must seek surrender of a revoked licence.

54. Penalties, forfeiture and revocation of licence (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. (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) (c) the Registrar shall, by notice in writing, require the surrender by the holder of such licence; and 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] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 28 Firearms Act, 1969 (Chapter 110) Zambia

Section 54Verify source

§ 55Aiding and abetting, etc. .................................................................................................................................................................. 29Offence

Anyone who aids, abets, counsels, procures, or attempts an offence under the Act commits an offence and is liable to the penalty for that underlying offence.

55. Aiding and abetting, etc. 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.

Section 55Verify source

§ 56Disposal of unclaimed ﬁrearms and ammunition ................................................................................................................... 29Provision

Firearms or ammunition left unclaimed in a warehouse for three years are treated as abandoned and become the property of the Republic. The Minister may then direct how they are sold, destroyed, or otherwise disposed of.

56. Disposal of unclaimed ﬁrearms and ammunition (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. (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.

Section 56Verify source

§ 57Service of notices ................................................................................................................................................................................ 29Provision

A notice that this Act requires or allows to be served may be served personally or sent by prepaid registered post to the person’s last known or usual postal address; for a registered firearms dealer, it may be sent to any business place covered by the dealer’s licence.

57. Service of notices 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.

Section 57Verify source

§ 58Regulations ............................................................................................................................................................................................ 29Amendment

The Minister may make regulations for administering the Act, including many listed firearms controls, fees, procedures, and committee rules.

58. Regulations (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— (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; By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 29 Firearms Act, 1969 (Chapter 110) Zambia (k) (l) regulating the establishment and conduct of shooting clubs and prescribing the fees payable in respect of the registration thereof; 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]

Section 58Verify source

§ 59Exercise of discretion ........................................................................................................................................................................ 30Provision

If discretion is given under the Act or regulations, the Minister may issue directions about how it must be exercised, and the person concerned must follow them.

59. Exercise of discretion 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.

Section 59Verify source

§ 60Rectiﬁcation of register following appeal ................................................................................................................................. 30Provision

After an appeal under this Act is determined, the register must be updated with all necessary alterations.

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

Section 60Verify source

§ 61Repeal and saving .............................................................................................................................................................................. 30Repeal

The Firearms Act, 1965 is repealed, but existing licences, certificates, permits and similar authorisations stay valid for their current validity period, and the Minister may extend that period.

61. Repeal and saving The Firearms Act, 1965, Act No. 24 of 1965, is hereby repealed: 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. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 30 Firearms Act, 1969 (Chapter 110) Zambia Schedule (Section 49) Offences to which section 49 applies

Section 61Verify source

Part

Schedule (Section 49)

This section is a heading referring to offences under subsection (3) of section 229 of the Roads and Road Traffic Act.

1. Offences under subsection (3) of section 229 of the Roads and Road Traffﬁc Act. [Cap. 464]

Section 1Verify source

This section lists Penal Code provisions that are offences.

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. 87] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 31

Section 2Verify source

Legislative relationships

10 referenced instruments

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A–F

6 instruments

and saving The Firearms Act, 1965
Section 61
Cap. 281 Local Government Act
Section 5
Central Firearms Registry (1) There is hereby established a Central Firearms Registry (in this Act
Section 4
Criminal Procedure Code
Section 50
Customs and Excise Act
Section 2
Firearms Code
Sections 12, 41

N–S

4 instruments

Penal Code
Sections 2, 49
Republic (1) Notwithstanding any rule of law whereunder the provisions of this Act
Section 19
Republic by virtue of subsection (1) or of a forfeiture under this Act
Section 56
Roads and Road Traffic Act
Sections 1, 51

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Firearms Act, 1969

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