CHAPTER 110
FIREARMS ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

   3.   Application

   4.   Establishment of Central Firearms Registry

   5.   Licensing authorities

PART II
IMPORT AND EXPORT OF FIREARMS AND AMMUNITION

   6.   Import of firearms and ammunition

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

   6B.   Import of firearms or ammunition by foreign diplomats

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

   8.   Registration of imported firearms and ammunition

   9.   Restriction on export of firearms and ammunition

PART III
FIREARM LICENSES

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

   11.   Exemptions from holding firearm license

   12.   Firearm certificate

   13.   Firearm license

   14.   Period of validity and renewal of firearm license

   15.   Variation and revocation of firearm license

   16.   Antique firearms

   17.   Associations

   18.   Young persons

   19.   Servants of the Republic

   20.   Production of license

   21.   Production of firearms

   22.   Change of residence of holder of firearm license

   23.   Death of holder of firearm license

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

   24.   Private warehouses

   25.   Restrictions on sale or transfer of firearms

   26.   Registration of firearms dealers

   27.   Registration of places of business of firearms dealers

   28.   Consequences of removal of place of business from register

   29.   Production of firearms dealer’s license

   30.   Form and duration of firearms dealer’s license

   31.   Prescribed fees

   32.   Register of transactions in firearms and ammunition

   33.   Powers of Court on conviction of firearms dealer

PART V
MANUFACTURE, REPAIR AND CONVERSION OF FIREARMS AND AMMUNITION

   34.   Restriction on manufacture of firearms and ammunition

   35.   Repair, etc., of firearms and ammunition

   36.   Restriction on conversion of firearms

PART VI
MISCELLANEOUS

   37.   Prohibited articles

   38.   Safe custody of firearms and ammunition

   39.   Notice of loss of firearm

   40.   Failure to take precautions against injury or damage

   41.   Firearms Code

   42.   Loan of firearms

   43.   Prohibition of pawning of firearms

   44.   Deposit of firearms for safe custody

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

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

   47.   Carrying firearms when drunk, etc.

   48.   Possessing firearms with intent to injure

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

PART VII
GENERAL

   50.   Powers of search

   51.   Powers of search without warrant

   52.   Obstruction, etc., of officers

   53.   Taking possession of firearms or ammunition by customs officer

   54.   Penalties, forfeiture and revocation of license

   55.   Aiding and abetting, etc.

   56.   Disposal of unclaimed firearms and ammunition

   57.   Service of notices

   58.   Regulations

   59.   Exercise of discretion

   60.   Rectification of register following appeal

   61.   Repeal and saving

      SCHEDULE

AN ACT

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

[All sections except section 13(3)(b)–1st January, 1970; Section 13(3)(b)–1st October, 1970.]

Act 45 of 1969,

Act 11 of 1970,

Act 4 of 1974,

Act 29 of 1985,

Act 16 of1986,

Act 13 of1994.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Firearms Act.

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;

“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 especially 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 12;

“Firearms Code” means the code issued in terms of section 41;

“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 license” means a license issued under section 27;

“firearm license” means a license issued under section 13;

“holder”, in relation to any license, permit or other authorisation, includes the person to whom the same was issued;

“Inspector-General” means the Inspector-General of Police;

“license” means a license 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 5;

“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 12, 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 license 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 2 of the Customs and Excise Act;

“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;

      (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 26;

“Registrar” means the person appointed under the provisions of sub-section (2) of section 4 to have charge of the Registry;

“Registry” means the Central Firearms Registry established under the provisions of sub-section (1) of section 4;

“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.

[S 2 am by Act 29 of 1985.]

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.

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.

5.   Licensing authorities

The following shall be the licensing authorities for the granting and issuing of firearm licenses and firearms dealer’s licenses for the purposes of this Act:

      (a)   in the area of a municipal council or township council as defined in section 2 of the Local Government Act, such council;

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

[S 5 am by Act 11 of 1970.]

PART II
IMPORT AND EXPORT OF FIREARMS AND AMMUNITION

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 license is in force.

   (5) Any person who—

      (a)   imports any firearm or ammunition; or

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

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

[S 6 am by Act 13 of 1994.]

6A.   Import of firearms or ammunition by public officers

   (1) The provisions of section 6 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 7.

   (2) If any firearm or ammunition imported under sub-section (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 sub-section (2), cause the same to be registered in accordance with the provisions of section 8 and shall apply for a firearm license in respect thereof in accordance with the other provisions of this Act.

   (4) Any firearm or ammunition in respect of which the provisions of sub-section (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 sub-section (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.

[S 6A am by Act 16 of 1986.]

6B.   Import of firearms or ammunitions by foreign diplomats.

   (1) The provisions of section 6 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 7.

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

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

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

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

      (d)   the procedures for their re-export.

   (3) Any firearms or ammunition imported under sub-section (1) and not dealt with under sub-section (2) shall be dealt with in accordance with sub-section (3) of section 53.

[S 6B am by Act 16 of 1986.]

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 sub-section (1) or who receives or retains any firearms or ammunition knowing or having reason to believe that sub-section (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.

[S 7 am by Act 13 of 1994.]

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 sub-section (1) shall be effected as soon as possible after the deposit of the firearms or ammunition in a warehouse in terms of section 7, 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 sub-section (3) or (4) shall be guilty of an offence.

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.

PART III
FIREARM LICENSES

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

   (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 license, 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.

[S 10 am by Act 13 of 1994.]

11.   Exemptions from holding firearm license

   (1) The following provisions of this section shall have effect notwithstanding anything contained in section 10.

   (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 license.

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