________ CHAPTER 223 ________ THE ARMS AND AMMUNITION ACT [PRINCIPAL LEGISLATION] ARRANGEMENT OF SECTIONS Section Title PART I PRELIMINARY PROVISIONS 1. Short title. 2. Application. 3. Interpretation. PART II RESTRICTION ON CARRYING OR POSSESSION OF ARMS AND AMMUNITION 4. Prohibition on carrying or possession of arms or ammunition without licence. 5. Grant of licence to carry or possess arms or ammunition. 6. Provisions in relation to Tanzania Zanzibar. 7. Reciprocal recognition of arms licences issued in neighbouring countries. PART III RESTRICTION ON EXPORT AND IMPORT OF ARMS AND AMMUNITION 8. Restrictions on the export of arms or ammunition. 9. Restriction on the import of arms and ammunition. 10. Arrest without warrant of person carrying arms or in possession thereof. 11. Travellers may introduce arms on certain conditions. 12. Transit licence for contiguous States. PART IV STORAGE AND OTHER DEALINGS IN ARMS 13. Deposit in public warehouses. 14. Registration of imported arms and ammunition. 15. Arms and ammunition imported for sale to be registered as such. 16. Withdrawal from public warehouse, police station, etc. 17. Arms to be described in permit for withdrawal. 18. Withdrawal for killing game. 19. Powers of Inspector-General of Police to store arms. 20. Manufacture of arms or ammunitions. 21. Repair of arms. 22. Surrender of armaments. 23. Registration of arms and ammunition already in the United Republic. PART V TRADING IN ARMS AND PRIVATE WAREHOUSES 24. Restriction on sale and transfer of arms or ammunition. 25. Private warehouse not to be kept without licence. 26. Provisions as to private warehouses. 27. Deposit and withdrawal of arms or ammunition. 28. Permits for withdrawals from private warehouse. 29. Power to order removal to public warehouse, of all arms and ammunition and to close arms shops, etc. 30. Penalty for failure or refusal to deliver up arms or ammunition. PART VI ENFORCEMENT PROVISIONS 31. Central offices to be established at Dar es Salaam and Zanzibar. 32. Safe custody of arms and ammunition. 33. Power to make regulations. 34. Penalties. 35. Attempts and abetment. 36. Penalty for use and possession of firearms and imitation firearms in certain cases. 37. Forfeiture of arms, etc., connected with offence. 38. Forfeiture of arms or ammunition without apparent owner. 39. Power to stop and search for arms in the street. 40. Seizure of arms or ammunition. 41. Persons seizing arms indemnified. PART VII MISCELLANEOUS PROVISIONS 42. Presumptions. 43. Power of other police officers. 44. [Repeal of Z. Cap. 162.] 45. [Repeal of R.L. Cap. 223.] 46. Savings, transitional and consequential provisions. _____ SCHEDULE 2 _____ CHAPTER 223 THE ARMS AND AMMUNITION ACT An Act to control civil arms and ammunition in the United Republic. [4th May, 2001] [G.N. No. 66 of 2001] Act No. 2 of 1991 No.19 of 2007 PART I PRELIMINARY PROVISIONS Short title 1. This Act may be cited as the Arms and Ammunition Act. Application 2.-(1) This Act shall apply to Tanzania Zanzibar as well as to Mainland Tanzania. (2) This Act shall apply in relation to all firearms other than armaments to which the provisions of the Armaments Control Act, apply. Cap.246 (3) The Minister may, by notice published in the Gazette, exempt from the application of this Act any particular arms or category of arms. Interpretation 3.-(1) In this Act, unless the context otherwise requires– "ammunition" includes– (a) every shell, cartridge case, bomb, hand grenade, or projectile, whether containing any explosive or gas or chemical or not, and whether intended to be discharged from or by any gun or other propelling or releasing instrument or mechanism or not, except hand grenades which can be used only for the purpose of extinguishing fires; (b) every part of any such shell, cartridge case, bomb, hand grenade or projectile, whether such shell, cartridge case, bomb, hand grenade or projectile may have been completely formed at any time or not; (c) every fuse, percussion cap, or priming cap, which could be used for the purpose of exploding any shell, bomb, hand grenade or other projectile; (d) every bullet or cartridge clip; (e) any explosive when enclosed in any case or contrivance, or otherwise adapted or prepared so as to form a cartridge, charge or complete round of small arms, cannon, or any other weapon, or to form any tube for firing, explosives, or to form a detonator, a projectile, or contrivance other than a firework, which can be used either singly or in suitable combinations, as, or in connection with, a missile; 3 (f) anything which may be declared by the Minister, by notice published in the Gazette, to be ammunition; "armament" means any of the following: ammunition and arms of war, whether complete or in parts, namely, firearms, artillery of all kinds, apparatus for discharge of all kinds of explosive or gas-diffusing projectiles, flame throwers, bombs, grenades, machine guns, and rifles, small firearms, and breech-loading weapons of all kinds; "arms" shall, subject to subsection (2), include– (a) every firearm of any description; (b) every air gun and every other kind of gun from which any shot, bullet or other missile can be discharged; (c) every sword, cutlass, spear, pike, bayonet, dagger, fighting iron, flick-knife, gravity knife or other deadly weapon; (d) every gun, pistol or other propelling or releasing instrument or mechanism, from or by which any shell, cartridge, bomb, grenade, or projectile, containing any gas or chemical, could be discharged; "Arms Authority" means the person, officer or department of Government declared to be the arms authority under section 5; "authorised officer" means any administrative or other officer authorised for a particular purpose by the Government; "to carry" means to carry on the person but does not include transport or conveyance from one place to another in the ordinary course of business for storage or other business purposes; "Convention" means the Convention for the control of the trade in arms and ammunition, and Protocol, signed at St. Germain-en-Laye on the 10th day of September, 1919; "firearm" means any lethal barrelled weapon of any description other than a harpoon gun, from which any shot, bullet or other missile can be discharged, and includes any component part of any firearm and any accessory to any such weapon designed or adapted to diminish the noise or flash caused by firing the weapon; "flick-knife" means any knife which has a blade which opens automatically by hand pressure applied to a button, spring or other device in or attached to the handle of the knife; "Government" means the Government of the United Republic and includes the Revolutionary Government of Zanzibar; "gravity knife" means any knife which has a blade which is released from its handle or sheath by the force of gravity or the application of centrifugal force and which, when released, is locked in place by means of a button, spring, lever or other device; "Minister" means the Minister for the time being responsible for home affairs; "to move" or "to remove" includes every kind of movement, transport, or conveyance not included in the expression "to carry"; 4 "prescribed" means prescribed by regulations; "private warehouse" means a warehouse for arms and ammunition, not being a public warehouse, approved by an authorised officer and designated as such by notice published in the Gazette; "prohibited area" means any area declared as such by the Minister for the purposes of this Act; "public warehouse" means a warehouse under the exclusive custody and permanent control of the Government or of its servants or agents, or any other place which in the opinion of the Minister is suitable for the custody of arms or ammunition, designated as a public warehouse by the Minister by notice published in the Gazette. (2) Nothing in the definition of the word "arms" and in this Act generally shall be construed so as to being under the application of this Act any arms, other than firearms, which are– (a) designated to be used in domestic, agricultural, building, construction or other economic activities; (b) traditionally used as part of the cultural accoutrement of the people in any area of the United Republic; or (c) designed for use in societal or ceremonial occasions. (3) Arms or ammunition on the body, or in the custody or under the control, of any person shall be deemed to be in his possession. PART II RESTRICTION ON CARRYING OR POSSESSION OF ARMS AND AMMUNITION Prohibition 4.-(1) No person shall use, carry, or have in his possession or under on carrying his control any firearms or ammunition, except in a public or private or possession warehouse, unless he is in possession of an arms licence issued under this of arms or ammunition Act. without (2) Subsection (1) shall not apply to any exempted person. licence (3) An arms licence shall describe the firearm and ammunition to which it relates by reference to the marks and numbers stamped and registered in pursuance of this Act and shall be in the prescribed form. (4) Without prejudice to any other penalty to which a person may believe under the provisions of this Act, the fee for the renewal of an arms licence which any person fails to renew within three months after the date upon which it should have been renewed shall be increased by fifty per centum of the fee prescribed in relation to it. Grant of 5.-(1) The Minister shall, by order published in the Gazette, appoint a licence to person, a public officer or department of Government to be the Arms carry or Authority for the purposes of this Act. possess arms or (2) The Arms Authority may– ammunition (a) grant to any person a licence either– (i) to carry arms and ammunition; 5 (ii) to have arms and ammunition in his possession; or (iii) to do both, subject to such conditions as he may deem fit; (b) renew any such licence and, in respect of it, grant days of grace not exceeding fifteen in number if he considers it necessary or expedient so to do; and (c) cancel any such licence. (3) Unless in any particular case the Arms Authority otherwise directs, the licence granted under subsection (2) shall – (a) be issued or renewed for a limited period only; (b) be made out in the name of the grantee; (c) bear a number and the dates of issue, or renewal, and expiry; (d) not be transferable; and (e) specify the arms and ammunition which it covers. (4) An appeal to the Minister shall lie from any refusal by the Arms Authority to grant or renew such licence or in respect of the cancellation by it of any such licence. (5) The Minister may, by notice published in the Gazette determine the fee payable for the arms licence. (6) The Arms Authority may in his discretion – (a) issue a written exemption to any person from the provisions of this section and such exemption may be – (i) confirmed to any particular weapons or ammunition specified in it; (ii) subject to such conditions as the Arms Authority may deem fit; (iii) included if desirable in some other form of licence, authority or document; (b) cancel any written exemption. Provisions in 6.-(1) Notwithstanding section 5, the Commissioner of Police in relation to charge of the affairs of the police force for Tanzania Zanzibar shall be the Tanzania Arms Authority for the purposes of this Act. Zanzibar (2) Arms licences granted in Mainland Tanzania shall not be valid for the same purposes in relation to same or other arms and ammunition in Tanzania Zanzibar; and arms licences granted in relation to any arms or ammunition in Tanzania Zanzibar shall not be valid in Mainland Tanzania in relation to arms or ammunition unless endorsed by the Arms Authority or an authorised officer appointed for the purposes by the Arms Authority. (3) No person may, in Tanzania Zanzibar, carry, possess or use any arms or ammunition except under and in accordance with the terms of an arms licence granted by the Arms Authority in accordance with the provisions of this Act. (4) For the purposes of the exercise and application of the provisions of this Act to and within Tanzania Zanzibar, the Minister and the Arms Authority shall take into account the geographical location of the area 6 and the need to safeguard the national, regional and international interest in regard to public security. Reciprocal 7. The Minister may, if he is satisfied that reciprocal provisions have recognition been or will be made by the Governments of Kenya, Uganda, Rwanda, of arms Burundi, Zaire, Zambia, Malawi, Zimbabwe or Mozambique for the licences issued in recognition by or under the law in force in the said countries of arms licences neighbouring granted under this Act, by order declare that an arms licence or firearm countries certificate corresponding to an arms licence under this Act and issued under such law shall, on being endorsed by an authorised officer, have the same effect and validity in the United Republic as if it were an arms licence granted under this Act. PART III RESTRICTION ON EXPORT AND IMPORT OF ARMS AND AMMUNITION Restriction 8.-(1) After the commencement of this Act, it shall be an offence for on the export any person to export from the United Republic any arms or any ammunition of arms and except under a licence issued by an authorised officer, for such or other ammunition arms, subject to the other provisions of this section. (2) An authorised officer may, subject to any regulations, grant licences for the export of arms and ammunition not intended for use for warlike purposes to any place specified in the licence; except that before granting the licence, the authorised officer shall satisfy himself that the arms and ammunition are not intended for disposal in any way contrary to the provisions of the Convention. (3) In granting the export licence, the authorised officer may attach to the licence any term and condition consistent with the provisions of this Act and of the Convention which he may deem fit, and in particular may limit the licence to exportation to a named consignee. (4) In the case of arms and ammunition adapted both to warlike and also to other purposes, the Arms Authority may determine from the size, destination and other circumstances of each consignment for what use they are intended, and decide in each case whether or not they are to be regarded as arms or armaments and ammunition. Restriction 9.-(1) Except as may be allowed by regulations or by licence granted on the import by the Arms Authority, it shall be unlawful for any person to import into of arms and Mainland Tanzania or into Tanzania Zanzibar any arms or ammunition of ammunition any description. (2) Any arms or ammunition allowed to be imported shall be landed only at the prescribed ports. (3) The provisions of sections 8 and 9 shall have effect as if they Cap.403 formed part of the Customs Management and Tariff) Act. 7 Arrest 10. Any person carrying or having in his possession or moving, or without reasonably suspected of carrying or having in his possession or moving, any warrant of firearms, ammunition or prohibited arms in contravention of this Act may be person carrying arrested without a warrant by any police officer, and shall be conveyed as arms or in soon as may be practicable to a police station, to be dealt with according to possession law. thereof Travellers 11.-(1) Notwithstanding the preceding provisions regarding the may importation of arms and ammunition, and subject to subsection (2), travellers introduce may introduce arms and ammunition, but not armaments, by land or inland arms on certain water or by air, except that the travellers– conditions (a) shall be subjects of the High Contracting Parties to the Convention; (b) are authorised to carry such arms and ammunition by the Government of the country of which they are subjects in accordance with the terms of the Convention; (c) shall carry documents of authorisation specially confirmed by the declaration of an official of such Government duly authorised in that behalf; (d) shall immediately report to the nearest Government officer on the frontier, or if there be none at the actual frontier, then at the nearest station on or close to the route followed by the travellers; (e) shall inform the Government officer of the exact quantity of arms and ammunition carried and produce the same for inspection if required. (2) A traveller may not introduce arms or ammunition into Tanzania Zanzibar under the provisions of this section except with and in accordance with the terms of an express authorisation for that purpose given by or with the consent of the Arms Authority in Tanzania Zanzibar, or the written instruction of the Minister given in that behalf in relation to any particular traveller or category of travellers. Transit 12. Notwithstanding anything contained in this Act, transit licences licence for for the importation of arms or ammunition, whether complete or in parts, to contiguous contiguous States may be granted, suspended, or refused by the Minister in States accordance with the provisions of article 10 of the Convention. PART IV STORAGE AND OTHER DEALINGS IN ARMS Deposit in 13.-(1) Any person who imports arms and ammunition shall public immediately deposit them in a public warehouse at his own expense, but warehouses before doing so shall obtain the permit of an authorised officer and shall conform to any directions which may be given by an authorised officer with regard to the transport of the arms and ammunition to the public warehouse; 8 except that this section shall not apply to any arms or ammunition imported by or for the use of the Government. (2) Notwithstanding the provisions of subsection (1) regarding the places for the deposit of imported arms and ammunition, the Arms Authority may, in relation to Tanzania Zanzibar, after consultation with the Minister, prescribe any other place or places where arms and ammunition imported may be deposited and such places may include police stations. Registration 14.-(1) As soon as possible after deposit in a public warehouse or a of imported police station, as the case may be, and before withdrawal, every complete or arms and arm and, where the arm is not complete, every part of an arm, and every ammunition package of ammunition, shall be registered in the prescribed manner according to any existing marks and numbers and, if so required, shall be stamped or marked in the prescribed manner. (2) The person depositing the arm or ammunition shall supply such information for the purposes of enabling the registration effected as may be required by the officer in charge of the warehouse, police station or as may be prescribed. Arms and 15. All arms and ammunition imported solely for the purposes of ammunition sale shall be registered as such when first deposited in a public warehouse or imported for police station and on every transfer thereof to a public or private warehouse sale to be registered as or to a police station. such Withdrawal 16.-(1) No arms or ammunition deposited in a public warehouse, from public police station or other place prescribed by the Arms Authority shall be warehouse, withdrawn except in accordance with a permit signed by an authorised police station, etc. officer or the Arms Authority. (2) No permit shall be granted for the withdrawal of any arms or ammunition except in accordance with the prescribed conditions and until the authorised officer or Arms Authority is satisfied that they are– (a) for despatch to places designated by the Minister where the inhabitants are allowed to carry or possess arms under the control and responsibility of local government authorities for the purposes of defence against robbers, dangerous animals or rebels; (b) for despatch to another public warehouse, police station or to a private warehouse; or (c) for individuals who can show that they require the arms and ammunition for their legitimate personal use. (3) The authorised officer or Arms Authority may specify in the permit the place to and the time within which the arms and ammunition are to be despatched after withdrawal and the place in which they are to be secured in the interval. (4) The authorised officer or Arms Authority may in his discretion limit the quantity of arms and ammunition permitted to be 9 withdrawn at any one time. (5) Before permitting the withdrawal of arms and ammunition, the authorised officer or Arms Authority may require such security to be given as he thinks fit and that the provisions of this Act, any regulations and the permit for withdrawal shall be complied with. Arms to be 17. Every permit for the withdrawal of arms or ammunition shall described in specify the mark, number and description of the arms and ammunition permit for authorised to be withdrawn. withdrawal Withdrawal 18. The Arms Authority or an authorised officer appointed for the for killing purpose by the Arms Authority may require any person applying for a permit game for the withdrawal of arms or ammunition to be used by him for the purpose Cap.283 of killing game or other animals, to take out a licence under the Wildlife Conservation Act, and may refuse to issue a permit until such licence is taken out. Powers of 19.-(1) Subject to the provisions for forfeiture contained in sections Inspector- 37 and 38, and subject to the other provisions of this section, the Inspector- General of General of Police may store arms or ammunition which come into the hand Police to store arms of the police and may charge fees for such storage. (2) The Arms Authority shall by notice published in the Gazette, determine the fees to be paid in respect of storage under this section. (3) Where any arms or ammunition are stored under this section for eighteen months or the fees payable under this section remain unpaid for two months, application may be made to a Resident Magistrate for the forfeiture of the arms or ammunition. (4) Where in relation to an application made under subsection (3) the resident magistrate is satisfied– (a) that reasonable steps have been taken to bring the application to the notice of the person who appears to be the owner of the arms or ammunition; and (b) that such person has had reasonable opportunity to pay the outstanding fees or to dispose lawfully of the arms or ammunition, as the case may be, the resident magistrate may order the arms or ammunition to be forfeited. Manufacture 20. No arms or ammunition shall be manufactured or assembled of arms or except at arsenals established by the Government in accordance with the ammunition provisions of the Convention. Repair of 21. No arms other than smooth-bore muzzle-loading arms shall be arms repaired except at Government arsenals or at arsenals or establishments licensed by the Arms Authority for the purpose and before such a licence is granted, guarantees shall be given for the observance of the rules of the Convention in such form as the Minister shall direct. 10