CHAPTER 110 - FIREARMS ACT: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
Firearms (Prohibited Articles) Order
Firearms (Control of Shooting Clubs) Regulations
FIREARMS (PROHIBITED ARTICLES) ORDER
[Section 2]
Arrangement of Paragraphs
Paragraph
1. Title
2. Declaration of prohibited articles
[Order by the Minister]
SI 224 of 1972.
This Order may be cited as the Firearms (Prohibited Articles) Order.
2. Declaration of prohibited articles
The articles specified in the Schedule are hereby declared to be prohibited articles.
[Paragraph 2]
PROHIBITED ARTICLES
7.62 mm rifle and ammunition therefor
303 rifle and ammunition therefor
______________________________________
[Section 58]
[Currency mentioned in this regulation should be re-denominated as stipulated under S 4 of Re-denomination Act, 2012, read with S 29 of Bank of Zambia Act, 1996.]
Arrangement of Regulations
Regulation
1. Title
2. Authorised officers
3. Firearms dealer’s import and export permits
4. Tourist’s import and export permits
5. Resident’s export permit
6. Certificates of exemption (other than for auctioneer)
7. Certificate of exemption (auctioneer)
8. Application for firearm certificate
9. Firearm certificate
10. Provisional firearm certificate
11. Firearm license
12. Certificate of competency
13. Associations
14. Registration of firearms dealers
15. Firearms dealer’s license
16. Dealer’s register
17. Permit to repair, test or prove firearms and ammunition
18. Record of repairs, etc.
19. Transfer certificate
20. Deposit in and withdrawal from public warehouse
21. Taking possession of firearms or ammunition by customs officer
22. Record of deposits and withdrawals
23. Search warrants
24. Stamping and marking of firearms
25. Quantity of ammunition authorised to be held
26. Quantity of ammunition authorised to be acquired
27. Quantities of ammunition: tourists
28. Annual allocation
29. Licensing authorities
30. Access to firearms
31. Specially dangerous air guns
32. Penalties
33. Revocation and savings
Act 13 of 1994,
SI 256 of 1970,
SI 264 of 1970,
SI 183 of 1971,
SI 157 of 1972,
SI 5 of 1984,
SI 53 of 1994,
SI 37 of 1997,
SI 83 of 1997.
[Regulations by the Minister]
These Regulations may be cited as the Firearms Regulations.
The persons or classes of persons referred to in the second column of the First Schedule are hereby appointed authorised officers for the purposes of the provisions of the Act set out opposite thereto in the first column of such Schedule.
3. Firearms dealer’s import and export permits
(1) A firearms dealer’s import permit shall be issued by the Registrar in Form 1 in the Second Schedule and a fee of sixty fee units shall be payable on the issue of the permit.
(2) Application for the issue of a firearms dealer’s export permit shall be made to the Registrar in Form 2 in the Second Schedule.
(3) A firearms dealer’s export permit shall be issued by the Registrar in Form 3 in the Second Schedule and a fee of six fee units shall be payable on the issue of the permit.
(4) A firearms dealer’s export permit shall be valid for a period of three months from the date of issue thereof and if not used within such period shall be delivered by the holder thereof to the Registrar within two weeks after the expiration of such period. The fee paid shall not be returnable.
(5) Any person who fails to comply with the provisions of this regulation or who fails to comply with any conditions upon which a firearms dealer’s import permit or export permit was issued shall be guilty of an offence.
[Am by Act 13 of 1994.]
4. Tourist’s import and export permits
(1) Application for the issue of a tourist’s import permit and/or export permit shall be made to the Registrar in Form 4 in the Second Schedule.
(2) A tourist’s import and/or export permit shall be issued by the Registrar in Form 5 in the Second Schedule.
(3) Every tourist’s import permit shall, in addition to such conditions as the Registrar may consider desirable in any particular case, contain the following conditions–
(a) no ammunition imported under the authority of the permit shall be used except in connection with a shooting competition or a hunting safari conducted by an approved safari company;
(b) the firearms specified in the permit and any unused ammunition imported thereunder shall be removed from the Republic within six calendar months of the date of import;
(c) no such firearms or unused ammunition shall be removed from the Republic except under the authority of a tourist’s export permit, and unless such export permit is surrendered to a customs officer at the port of exit by the tourist or his agent.
(4) Any person who fails to comply with any condition contained in a tourist’s import and/or export permit shall be guilty of an offence.
(1) A resident’s export permit shall be issued by the Registrar in Form 6 in the Second Schedule and shall be valid for a period of three months from the date of issue thereof and if not used within such period shall be delivered by the holder thereof to the Registrar within two weeks after the expiration of such period.
(2) If a firearm or ammunition is being removed permanently from the Republic, the firearm license and resident’s export permit relating thereto shall be surrendered to a customs officer at the port of exit in question.
(3) Any person who fails to comply with the provisions of this regulation shall be guilty of an offence.
6. Certificates of exemption other than for auctioneer
(1) Application for a certificate of exemption in any of the cases referred to in sub-sections (10), (11) and (12)(c) of section 11 and in section 16 of the Act (that is to say, in the case of a slaughtering instrument of the non-captive-bolt type or ammunition therefor, a bolt- firing instrument designed and used for constructional purposes, a signalling apparatus or ammunition therefor or an antique firearm) shall be in Form 7 in the Second Schedule and shall be made to the Divisional Commander in whose Division the applicant resides.
(2) A certificate of exemption in any of the cases referred to in sub-regulation (1) shall be in Form 8 in the Second Schedule and a fee of eight fee units shall be payable on the issue of such certificate, which shall be valid for a period of one year from the date of issue thereof.
[Am by Act 13 of 1994.]
7. Certificate of exemption auctioneer
(1) Application for a certificate of exemption for an auctioneer shall be in Form 9 in the Second Schedule and shall be made to the Divisional Commander in whose Division the auction is to be conducted.
(2) A certificate of exemption for an auctioneer shall be in Form 10 in the Second Schedule and a fee of eight fee units shall be payable on the issue of such certificate, which shall be valid for such period not exceeding six months as may be stipulated in such certificate.
(3) No firearm or ammunition sold by an auctioneer under the authority of section 25 of the Act shall be delivered to the purchaser unless he produces to the auctioneer a firearm license or other authorisation entitling the purchaser to be in possession of such firearm or ammunition.
(4) An auctioneer to whom a certificate of exemption has been issued in terms of sub- regulation (2) shall, within fourteen days after the sale or transfer of the firearm or ammunition or the date of expiry of the said certificate, as the case may be, complete the return printed on the rear of such certificate and deliver it to the Divisional Commander who issued it together with, if the same has not been sold or transferred, the firearm or ammunition in question.
(5) A Divisional Commander to whom a firearm or ammunition has been delivered in terms of this regulation shall forthwith deposit the same in a public warehouse and make a report to the Registrar.
(6) Any person who fails to comply with the provisions of this regulation or who submits a return which he knows to be false in any particular or does not believe to be true shall be guilty of an offence.
[Am by Act 13 of 1994.]
8. Application for firearm certificate
(1) An application for a firearm certificate or a provisional firearm certificate made to an officer in charge of police in terms of section 12 of the Act shall be in Form 11 in the Second Schedule.
(2) If an applicant for a firearm certificate is unable adequately to speak or write the English language, he may make his application verbally to the officer in charge of police, who shall record such application in the English language in the said Form 11 on behalf of the applicant.
(3) Upon recording such particulars as aforesaid, the officer in charge of police shall explain such particulars as recorded to the applicant in a language which the applicant understands, and shall then complete and sign the certificate to that effect contained in the said Form 11.
(4) If the officer in charge of police is of the opinion that he is unable adequately to converse with the applicant, he may call upon any other police officer not below the rank of Sub- Inspector who is able adequately to converse with the applicant to perform the functions of the officer in charge of police referred to in sub-regulations (2) and (3).
(1) A firearm certificate shall be issued by the Inspector-General or, subject to sub-regulation (2), by an officer in charge of police and shall be in Form 12 in the Second Schedule, and shall be valid for a period of three months from the date of issue thereof.
(2) A firearm certificate shall not be issued by an officer in charge of police except under the authority of a provisional firearm certificate issued by the Inspector-General.
10. Provisional firearm certificate
(1) A person who wishes to obtain a firearm license in respect of a firearm the full details of which are not known shall apply for a provisional firearm certificate in Form 11 in the Second Schedule.
(2) A provisional firearm certificate shall be issued by the Inspector-General in Form 13 in the Second Schedule and shall be valid for a period of nine months from the date of issue thereof.
(3) Upon being furnished with the full details of the firearm to be acquired by the holder of a provisional firearm certificate and upon the surrender of such provisional certificate, the officer in charge of police shall issue a firearm certificate to the person named in such provisional firearm certificate:
Provided that no firearm certificate shall be issued in terms of this regulation in respect of a firearm of a type or calibre different from that specified in the provisional firearm certificate, nor shall there be endorsed in a firearm certificate issued in terms of this regulation particulars of ammunition which differ as to type, calibre or quantity from those specified in the provisional firearm certificate.
(4) An officer in charge of police who issues a firearm certificate under the authority of a provisional firearm certificate shall within seven days thereafter return the provisional firearm certificate to the Inspector-General with the particulars of the firearm certificate endorsed thereon.
(5) A provisional firearm certificate is valid for no purpose other than as authorisation by the Inspector-General to an officer in charge of police to issue a firearm certificate to the person named therein on compliance with the provisions of this regulation. Accordingly, in particular, a provisional firearm certificate does not authorise the issue of a firearm license.
[Am by SI 157 of 1972.]
(1) A firearm license shall be issued by a licensing authority in Form 14 in the Second Schedule, and the receipt for the payment of any prescribed fee in respect there of shall be in Form 15 in the Second Schedule.
(2) All entries made in a firearm license in respect of the sale or supply of ammunition shall be made in ink or by what is commonly known as a ball-point pen.
A certificate of competency shall be issued by the officer in charge of police to whom the application for a firearm certificate or a provisional firearm certificate was made, and shall be in Form 16 in the Second Schedule.
An authority to a member or employee of an association issued by an authorised officer in terms of sub-sections (4) and (5) of section 17 of the Act shall be in Form 17 in the Second Schedule.
14. Registration of firearms dealers
An application for registration as a firearms dealer shall be in Form 18 in the Second Schedule and a certificate of registration shall be in Form 19 in such Schedule.
An application to a licensing authority for the issue or renewal of a firearms dealer’s license shall be in Form 20 in the Second Schedule, and a firearms dealer’s license shall be in Form 21 in such Schedule.
(1) The particulars to be entered in a dealer’s register kept in terms of section 32 of the Act shall be in accordance with Form 22 in the Second Schedule.
(2) A dealer’s register shall be kept in duplicate and every dealer shall on or before the seventh day of each month forward to the Registrar the duplicate copy of his register relating to the preceding calendar month. Such copy shall be certified by the dealer as being a true record of his transactions as a firearms dealer during the month to which it relates.
17. Permit to repair, test or prove firearms and ammunition
(1) A permit under section 35 of the Act to repair, test or prove firearms or ammunition shall be in Form 23 in the Second Schedule and shall be valid for a period of one year from the date of issue thereof.
(2) The Registrar shall not issue a permit under this regulation unless he is satisfied that–
(a) the premises on which such repair, test or proof is to be carried out are so constituted as to be a secure place for the safe-keeping of firearms and ammunition;
(b) suitable strong rooms, safes or other secure stores for the safe-keeping of firearms and ammunition are provided within such premises;
(c) the premises and the strong rooms, safes and stores are fitted with suitable locks or appliances for ensuring the safe-keeping of firearms and ammunition within such premises and within such strong rooms, safes and stores;
(d) the applicant for the permit is qualified either by training or experience to repair, test and prove firearms and ammunition.
(3) Before issuing a permit under this regulation the Registrar may require the applicant to produce–
(a) a certificate, issued by the Divisional Commander of the Division in which the premises in question are situate, in respect of each place at which the repair, test or proof of firearms or ammunition is to be carried out, that the premises in question comply with the requirements of paragraphs (a), (b) and (c) of sub-regulation (2);
(b) a certificate that the qualifications of the applicant comply with the requirements of paragraph (d) of sub-regulation (2).
(4) Any person who, for the purpose of procuring, whether for himself or for any other person, any such permit or any such certificate as is mentioned in this regulation, makes any statement which he knows to be false in any particular or does not believe to be true shall be guilty of an offence.
(1) Every holder of a permit issued in terms of regulation 17 shall maintain in duplicate a record of all firearms and ammunition received for test, repair or proof. Such record shall be in Form 24 in the Second Schedule.
(2) Within seven days after the end of each calendar quarter, the holder of a said permit shall forward to the Registrar the duplicate thereof duly certified by such holder as being a true record of the firearms and ammunition received by him for repair, test or proof, whether or not such firearms or ammunition were actually repaired, tested or proved, during the period to which such record relates.
(3) For the purposes of this regulation, “calendar quarter” means a period between and including the 1st January and the 31st March, the 1st April and the 30th June, the 1st July and the 30th September and the 1st October and the 31st December.
(4) Any person who, without lawful excuse, fails to comply with the provisions of this regulation or who submits to the Registrar a record which is incorrect in any material particular shall be guilty of an offence.
(1) A transfer certificate issued for the purposes of section 42 of the Act shall be in Form 25 in the Second Schedule and shall be valid for such period, not exceeding six months from the date of issue thereof, as may be stated therein.
(2) Such certificate shall be issued by the Divisional Commander of the Division in which the borrower resides or by a police officer not below the rank of Sub-Inspector authorised in that behalf in writing by such Divisional Commander.
20. Deposit in and withdrawal from public warehouse
(1) Whenever a person is required to deposit a firearm or ammunition in a public warehouse, he shall be issued with a receipt which shall be in Form 26 in the Second Schedule.
(2) No firearm or ammunition shall be withdrawn from a public warehouse except under the authority of a withdrawal permit, which shall be in Form 27 in the Second Schedule, and shall be issued by the Divisional Commander in whose Division such public warehouse is situate or such other police officer not below the rank of Sub-Inspector authorised in that behalf in writing by such Divisional Commander.
(3) No permit for the withdrawal of a firearm or ammunition from a public warehouse shall be granted, except for the purpose of transfer to another public warehouse or a private warehouse, unless either a firearm license is produced authorising the applicant for withdrawal to possess the firearm or ammunition or the applicant is authorised under the Act to possess that firearm or ammunition without a firearm license.
(4) A permit for the withdrawal of firearms or ammunition from a public warehouse may be granted subject to compliance with such conditions as shall be endorsed thereon, and any person who fails to comply with any such condition shall be guilty of an offence.
21. Taking possession of firearms or ammunition by customs officer
Where possession is taken by a customs officer of any firearms or ammunition under section 53 of the Act, he shall issue a receipt in Form 28 in the Second Schedule and, as the case may be, hand it to the person from whom such possession was taken or send it by prepaid registered post to the consignee of such firearms or ammunition.
22. Record of deposits and withdrawals
The officer in charge of a public warehouse shall keep a record, in Form 29 in the Second Schedule, of all deposits in and withdrawals from the public warehouse and shall forward a duplicate of such record to the Registrar at the end of each month.
(1) An information on oath sworn before a magistrate for the purpose of the issue of a search warrant shall be in Form 30 in the Second Schedule.
(2) A search warrant issued under section 50 of the Act shall be in Form 31 in the Second Schedule.
24. Stamping and markings of firearms
(1) Any officer specified in sub-regulation (2) may, before registration under the provisions of section 8 of the Act, require a firearm or a package of ammunition, which is not adequately stamped or marked as to be easily identified, to be stamped or marked with the appropriate distinctive letters as set out hereunder:
Chadiza . . . . . . CD Chililabombwe . . . . . . CB Chingola . . . . . . CA Chinsali . . . . . . . . CH Chipata . . . . . . . . CP Choma . . . . . . . . CO Feira . . . . . . . . FI Gwembe . . . . . . GE Isoka . . . . . . . . IS Kabompo . . . . . . KO Kabwe Rural . . . . . . KR Kabwe Urban . . . . . . KB Kalabo . . . . . . . . KA Kalomo . . . . . . . . KL Kalulushi . . . . . . KU Kaoma . . . . . . . . KM Kasama . . . . . . KS Kasempa . . . . . . KE Katete . . . . . . . . KT Kawambwa . . . . . . KW Kitwe . . . . . . . . KI Livingstone . . . . . . LR Luanshya . . . . . . LA Lundazi . . . . . . . . LU Lusaka . . . . . . . . LS Luwingu . . . . . . LW Mansa . . . . . . . . MS Mazabuka . . . . . . MA Mbala . . . . . . . . ML Mkushi . . . . . . . . MK Mongu . . . . . . . . MO Mpika . . . . . . . . MI Mporokoso . . . . . . MP Mufulira . . . . . . . . MU Mumbwa . . . . . . MB Mwinilunga . . . . . . MW Namwala . . . . . . NA Nchelenge . . . . . . NC Ndola Rural . . . . . . ND Ndola Urban . . . . . . NU Petauke . . . . . . PE Samfya . . . . . . . . SA Senenga . . . . . . SN Serenje . . . . . . . . SE Sesheke . . . . . . SH Solwezi . . . . . . . . SO Zambezi . . . . . . ZA (2) The registration of firearms and all ammunition imported into Zambia shall be effected as follows– (a) in the case of firearms or ammunition which have been deposited in a private warehouse, by the Registrar; (b) in the case of firearms or ammunition which have been deposited in a public warehouse, by the officer in charge of police in whose area the public warehouse concerned is situate. (3) Any person who, on demand by the Registrar or any officer deputed by him in that behalf, or an officer in charge of police, refuses or willfully fails to deliver to such officer a firearm or a package of ammunition required to be stamped or marked in accordance with the provisions of sub-regulation (1) shall be guilty of an offence. 25. Quantity of ammunition authorised to be held The quantity of ammunition authorised to be possessed at any one time under a firearm license in respect of each firearm specified therein shall not exceed the amounts shown below:
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