Section 34: Forged licence or permit.

Schedule. STATUTORY INSTRUMENT Supplement to the Sierra Leone Gazette Vol. CXLV, No. 62 dated 20th November, 2014 STATUTORY INSTRUMENT NO. 8 OF 2014 Published 20th November, 2014 THE ARMS AND AMMUNITION ACT, 2012 (ACT NO. 9 OF 2012) THE ARMS AND AMMUNITION REGULATIONS, 2014 In exercise of the powers conferred upon him by section 31 of the Arms and Ammunition Act, 2012 the Minister hereby makes the following Regulations– PART I–PRELIMINARY 1. In these regulations, unless the context otherwise requires– “Act” means the Arms and Ammunition Act, 2012 (Act No. 9 of 2012); “Register” means the National Register of Small Arms and Light Weapons referred to in section 4 of the Arms and Ammunition Act, 2012; “restricted person” means any person who is a habitual criminal and has at any time within the past five years been - (a) declared by a court to be a restricted person; or (b) convicted of an offence involving violence and sentenced to a term of imprisonment, whether with or without hard labour exceeding three months; “restricted small arm” means any small arm of whatever description or design which is adapted for the discharge of any noxious liquid, gas or other thing. Interpretation Short tittle PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTING DEPARTMENT, SIERRA LEONE. GAZETTE NO. 62 OF 20TH NOVEMBER, 2014. 2. Permit fees - Per annum Leones Permit to import shot guns (wholesale) 10,000,000. 00 Permit to import pistols and revolvers (single use) 500,000. 000 Permit to import shot guns (single use) 250,000. 000 Permit to transfer firearms (single) 100,000. 000 Permit to purchase firearms (shot gun) 100,000. 000 Temporary permit for hunting, gaming and sporting 100,000. 000 Permit to import shot guns related materials for manufacturing purposes. 1,000,000. 00 MADE this 6th day of November, 2014. J. B. DAUDA, Minister of Internal Affairs. 2 3 PART II –FUNCTIONS AND POWERS OF REGISTRAR 2. There is hereby established for the purposes of section 4 of the Act, a National Register of Small Arms to be known as the Register. 3. The Registrar, in the exercise of his functions under section 5 of the Act, shall have authority to– (a) receive and consider applications for licences, certificates or permits for small arms; (b) grant or renew small arms licences, certificates or permits for small arms; (c) revoke any licence, certificate or permit for small arms granted under these Regulations; (d) amend the terms of any licence, certificate or permit for small arms granted under these Regulations; (e) receive and investigate any complaint regarding the breach of a small arms licence, certificate or permit. 4. In exercise of his functions under Regulation 3, the Registrar shall have power to– (a) summon witnesses; (b) call for and examine documents; and (c) do all such other things as he considers necessary or expedient for the purpose of carrying out his functions under the Act and these Regulations. 5. (1) Subject to the Act and these Regulations the Registrar shall grant or issue, as he may consider appropriate, any licence certificate or permit authorised under the Act. (2) The Registrar in the exercise of his authority under sub-regulation (1), shall not grant or issue a licence, certificate or permit– (a) in relation to a prohibited small arm; (b) to a restricted person or in relation to a restricted small arm; (c) to a person whom the Registrar has reason to believe is of intemperate habits or unsound mind, or for any reason unfit to be entrusted with small arms; (d) to a small arms importer unless the Registrar is satisfied that the applicant can be permitted to have in his possession small arms without danger to public safety; (e) to an applicant for a small arm purchaser’s permit, unless the Registrar is satisfied of his proficiency in the use and management of the type of small arm in respect of which his application is made; (f) to an applicant for a small arm user’s licence, unless the Registrar is satisfied of his proficiency in the use and management of the type of small arm in respect of which his application is made; (g) to an applicant for a small arm dealer’s or manufacturer’s licence, unless the Registrar is satisfied that the applicant has made adequate provision for keeping the small arms, in respect of which the application is made, in a secure place; (h) to an applicant, in respect of a small arm already in his possession, unless the small arm, in respect of which his application is made, has been inspected by the Registrar; and (i) to an applicant for a small arm licence, unless the Registrar is satisfied that the appropriate fees have been paid. Establishment of National Register. Functions of Registrar. Powers of Registrar. Grant and issuance of licences, certificates and permits. 4 5 PART III–SMALL ARMS PURCHASER’S PERMIT AND USER’S LICENCE 6 (1) No person shall have a small arm in his possession unless that person is a holder of a small arms user’s licence issued by the Registrar for that purpose. (2) Any person who wishes to – (a) purchase a small arm shall apply to the Registrar for a small arms purchaser’s permit; (b) possess a small arm shall apply to the Registrar for a small arms user’s licence, issued by the Registrar for that purpose. may grant an applicant a small arms purchaser’s permit or a small arms user’s licence subject to such terms, conditions and restrictions as shall be specified in the permit or licence. (4) The particulars of every permit or licence granted under this Regulation shall be entered in the Register in such form and manner and as may be prescribed by the Registrar. (5) The fees for the grant of a small arms purchaser’s permit or small arms user’s licence shall be as specified in the Schedule. (6) A person who contravenes sub-regulation (1), commits an offence and is liable on conviction to a fine not exceeding 5, 000,000. 00 Leones or imprisonment for a term not exceeding 12 7. The Registrar shall not issue a licence to possess a small arm unless the small arm has the manufacturer’s serial number or any other number by which it may be identified, stamped or engraved on the metal of the small arm, including any other identification number or marking prescribed by the Registrar. PART IV–SMALL ARMS DEALER’S LICENCE 8. (1) No person shall carry on the business of a small arms dealer unless that person is a holder of a small arms dealer’s licence issued by the Registrar for that purpose. (2) Any person who wishes to carry on the business of a small arms dealer shall apply to the Registrar for a small arms dealer’s may grant an applicant a small arms dealer’s licence subject to terms, conditions and restrictions as shall be specified in the licence, including the sale to persons without a small arms purchaser’s permit issued by the Registrar for that purpose. (5) A small arms dealer who has more than one place of business shall apply for a licence in respect of each place of business. (6) The Registrar shall not issue a small arms dealer’s licence to an applicant unless he is satisfied that the premises in which the applicant proposes to keep the small arm is reasonably secure from theft or crimes against property. (7) The fees for the grant of a small arms dealer’s licence shall be as specified in the Schedule. (8) A person who contravenes sub-regulation (1), commits 9. (1) Every licenced small arms dealer shall keep a stock book in each licenced premises and shall– (a) immediately after the receipt of any small arm, make an entry into the stock book, giving the particulars of such small arm; purchaser’s permit and user’s Identification marks. dealer’s dealer’s stock book. 6 7 (b) immediately after delivery of any small arm from his licensed premises make in his stock book- (i) an entry of the number of small arms delivered by him together with the number or other identification mark, if any, of each such small arm; (ii) the date of delivery of the small arm; (iii) the name and address of the person to whom the delivery was made; (iv) the number of the licence produced by the person to whom the small arm was delivered; and (v) the area from which the licence was granted. (2) The stock book and all small arms in the possession and control of such licensed small arms-dealer shall be produced by him upon demand of the Registrar or his authorized agent for his inspection. (3) A person who contravenes sub-regulation (1) commits 10. (1) A licenced small arms dealer shall affix and maintain in a conspicuous position outside his place of business a notice bearing the words “licensed to deal in small arms” distinctly printed in letters not less than two inches high. PART V– SMALL ARMS MANUFACTURER’S LICENCE 11. (1) No person shall manufacture or keep any equipment or material that may be used for the making or assembling of small arms unless that person is a holder of a small arms manufacturer’s licence issued by the Registrar for that purpose. (2) Any person who wishes to manufacture small arms shall apply to the Registrar for a small arms manufacturer’s licence. may grant an applicant a small arms manufacturer’s licence subject to terms, conditions and restrictions as shall be specified in the licence. (5) The Registrar shall not issue a small arms manufacturer’s licence to an applicant unless he is satisfied that the premises in which the applicant proposes to manufacture the small arms is reasonably secure from theft or crimes against property. (6) The fees for the grant of a small arms manufacturer’s licence shall be as specified in the Schedule. (7) A person who contravenes sub-regulation (1) commits 12. The Registrar or his authorised agent may, at any reasonable time, enter the place of business of a small arms manufacturer and carry out inspection as he may consider necessary in order to ascertain whether the requirements of the licence are being complied with . PART VI–GUNSMITH’S LICENCE 13. (1) No person shall carry on business as a gunsmith unless that person is a holder of a gunsmith’s licence issued by the Registrar for that purpose. Notice to be affixed. manufacturer’s Inspection of place of business. Gunsmith’s 8 9 (2) Any person who wishes to repair small arms shall apply to the Registrar for a gunsmith’s licence. may grant an applicant a gunsmith’s licence subject to terms, conditions and restrictions as shall be specified in the licence. (5) The Registrar shall not issue a gunsmith’s licence to an applicant unless he is satisfied that the premises in which the applicant proposes to carry on the business as gunsmith is reasonably secure from theft or crimes against property. (6) The fees for the grant of a gunsmith’s licence shall be as specified in the Schedule. (7) A person who contravenes sub-regulation (1) commits an offence and is liable on conviction to a fine not exceeding 5,000,000. 00 Leones or imprisonment for a term not exceeding 12 months or to both such fine and imprisonment. 14. (1) A licenced gunsmith shall affix and maintain in a conspicuous position outside his place of business a notice bearing the words “licensed to deal in small arms” distinctly printed in letters not less than two inches high. 000,000. 00 Leones or imprisonment for a term not exceeding 12 15. The Registrar or his authorised agent may, at any reasonable time, enter the place of business of a small arms manufacturer and carry out inspections as he may consider necessary in order to ascertain whether the requirements of the licence are being complied with. PART VII–SMALL ARMS AND AMMUNITION IMPORT PERMIT 16. (1) No person shall import small arms and ammunition into Sierra Leone either by land, sea or air unless that person is a holder of a small arms permit authorising him to import the small arms specified in the permit into Sierra Leone. (2) Any person who wishes to import small arms and ammunition into Sierra Leone shall apply to the Registrar for a small arms import permit. may grant an applicant a small arms and ammunition import permit subject to terms, conditions and restrictions as shall be specified in the permit. (5) The Registrar shall not issue a small arms import permit to an applicant unless he is satisfied that the warehouse in which the applicant proposes to store the small arms is reasonably secure from theft or crimes against property. (6) The fees for the grant of a small arms import permit shall be as specified in the Schedule. (7) A person who contravenes sub-regulation (1) commits 17. A holder of a small arms import licence shall endorse descriptive particulars of all small arms imported into Sierra Leone. 18. When small arms and ammunition are imported into Sierra Leone for the purpose of trade or profit - (a) the case or package containing the small arms and ammunition shall be distinctly and legibly marked with the words “small arms” or “ammunition”, in such other manner as the Registrar may prescribe; and Notice to be affixed. Inspection of place business. import permit. Descriptive particulars. Marking of cases and notice of importation. 10 11 (b) notice of the intended importation, the name of any vessel and of the estimated date and time of arrival of the vessel or of any aircraft or vehicle whereby the same is to be effected shall, if known, be given to the appropriate officer of customs at the port or place of import before the arrival thereof at such port or place. 19. (1) The holder of a small arms and ammunition import permit shall deposit all small arms imported into Sierra Leone in a licenced warehouse. (2) The holder of a small arms import permit shall record particulars, as may be prescribed by the Registrar, of all small arms deposited in the warehouse. 20. The Registrar or his authorised agent may, at any reasonable time,enter the place of business of a small arms importer and carry out inspections as he may consider necessary in order to ascertain whether the requirements of the licence are being complied with. 21. (1) The Minister may by statutory instrument prohibit the importation of small arms or parts of small arms into Sierra Leone. (2) Any such prohibition of importation may either be absolute or may relate to such place or places as shall be specified in the statutory instrument. (3) Any person who imports small arms or parts of small arms in contravention of subregulation (1), commits an offence and is liable on conviction to a fine not exceeding 10,000,000. 00 Leones or imprisonment for a term not exceeding 5 years or to both such fine and imprisonment. 22. A person who unlawfully conceals any small arms commits an offence and is liable on conviction to a fine not exceeding 5,000,000. 00 Leones or imprisonment for a term not exceeding 12 PART VIII–ADMINISTRATION OF THE ACT 23. The owner or occupier of any premises in which any small arm is found shall for the purposes of these Regulations be deemed to be the owner of such small arm until the contrary is proved. 24. A licensee under the Act and these Regulations who fails to comply with any condition or to observe any restriction subject to which the licence or permit is held commits an offence and is liable on conviction to a fine not exceeding 5,000,000. 00 Leones or imprisonment for a term not exceeding 12 months or to both such fine and imprisonment. 25. (1) Every person who has been granted a licence under the Act and these Regulations shall carry such licence with him when he is carrying or using the small arm specified in the licence and shall produce the licence to be examined by the Registrar or authorized agent on demand. PART IX –ENFORCEMENT 26. A police officer may arrest without warrant any person whom he believes to be in possession of or to be using or carrying a small arm in contravention of the Act and these Regulations and may search that person and whether arresting him or not, may seize the small arm in his possession, or used or carried by him. 27. (1) A police officer may enter and search premises of a person suspected of possessing or selling small arms otherwise than in accordance with the Act and these Regulations and may enter and search any place, boat or conveyance in which there is reasonable cause to suspect that a small arm is concealed or placed in contravention of the Act and these Regulations. (2) If upon any such search any small arm is found and no licence under the Act or these Regulations in respect of such small arm is produced the small arm may be seized and delivered into the custody of the officer in charge of the nearest police station, pending further proceedings in relation to the offence or until the licence is produced. Deposit in warehouse. Inspection of place of business. Minister may prohibit importation. Concealing arms unlawfully. Evidence of ownership of premises. Failing to comply etc. Production of Power to arrest. Entry and search. 12 13 (3) The Registrar or his authorised agent may enter upon any land for the purposes of requesting any person possessing, carrying or using any small arms to produce his licence. 28. (1) A person may hand to an officer in charge of a police station any small arm which has become unserviceable or which he no longer wishes to retain. (2) The officer referred to in sub-regulation (1) shall keep a Register in which he shall record the following – (a) the details of such small arm; (b) the owner’s name if known; and (c) the date the small arm came into his possession. PART X –OFFENCES 29. (1) No person licenced under the Act and these Regulations shall own or keep a greater number of small arms than is specified in his licence. (2) A person who contravenes subregulation (1), commits 000,000. 00 Leones or imprisonmentfor a term not exceeding 12 30. Any person who is drunk or behaves in a disorderly manner whiles carrying a small arm commits an offence and is liable on conviction to a fine not exceeding 5, 000,000. 00 Leones or imprisonment for a term not exceeding 12 months or to both such fine and imprisonment. 31. A person who abets the commission of any offence punishable under the Act or these Regulations or attempts to commit any such offence and in the attempt does any act towards the commission of the same, shall be liable to the same penalty as if he had committed the offence. 32. (1) No person shall have a loaded small arm in his possession in a public place. 000,000. 00 Leones or imprisonment for a term not exceeding 12 33. (1) No person shall discharge any small arm– (a) except for the protection of life or property ; (b) except at authorised shooting ranges ; and (c) unless he is authorised to kill or hunt wild animals or birds. (2) A person who contravenes subregulation (1) commits 000,000. 00 Leones or imprisonment for a term not exceeding12 months 34. A person who forges or counterfeits any licence or permit required by the Act and these Regulations, or who knowingly uses any forged licence, certificate or permit commits an offence and is liable on conviction to a fine not exceeding 5, 000,000. 00 Leones or imprisonment for a term not exceeding 12 months or to both such fine and imprisonment. Safe custody of small arms Amount of arms to be kept or owned. Carrying arms while drunk or disorderly. A b e t m e n t attempt. Arms in public places. Arms not to be discharged at shooting Forged licence or permit.