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Firearms Act

LAWS OF THE REPUBLIC OF VANUATU
CONSOLIDATED EDITION 2006

Commencement: 28 March 1988

CHAPTER 198
FIREARMS

Act 7 of 1987

ARRANGEMENT OF SECTIONS

1. Interpretation

2. Appointment of licensing officers

3. Requirement for a firearm licence
4. Prohibition on persons under the age of 18

5. Prohibition on possessing, acquiring, purchasing, etc. of air weapons
6. Requirement for a firearms dealer’s licence
7. Requirement for a firearms import licence
8. Prohibited weapons
9. Application for the grant of the firearm licence and the renewal and revocation of the firearm licence
10. Persons exempted
11. Application, grant and renewal of firearms dealer’s licence
12. Inspection

13. Power of court in case of offences by licensed firearms dealer
14. Application, grant, renewal, revocation of firearms import licence
15. Lost licences
16. Refusal of licence, etc.
17. Ports and places of import
18. Minister may prohibit import

19. Provisions in respect of vessel used for illegal import
20. Prohibition of firearms in certain areas
21. Converting firearms

22. Customs declaration
23. Concealing unlawful imports
24. Firearm as security for debt

25. Drunk or disorderly in possession of a firearm
26. Possession of a firearm with intent to injure
27. Use of firearm to resist arrest
28. Carrying firearm with criminal intent
29. Carrying firearm in a public place
30. Trespassing with a firearm
31. Appeals

32. Exemptions
33. Power of search with warrant
34. Power of search without warrant
35. Powers of police officers to stop and search
36. Detention of firearms or ammunition by the police

37. Deposit of firearms and ammunition at police station
38. Disposal of detained firearms
39. Forfeitures
40. Offences

41. Mistake of fact is not a defence
42. Minister's power to make regulations

SCHEDULE − Penalties

FIREARMS

An Act to provide for the regulation and control of the possession, purchase, manufacture, sale, and import of firearms, and ammunition and any other matter connected therewith.

1. Interpretation

In this Act, unless the context otherwise requires –

"acquire" means hire, accept as a gift or borrow;

"air weapon" means an air rifle, air gun or air pistol;

"ammunition" means ammunition for any firearm as defined in this section and includes grenades, bombs and other like missiles whether capable of use with firearms or not and also includes prohibited ammunition but does not include spears discharged from a firearm solely for the purpose of killing fish;

"approved rifle club" means any rifle club approved by the Minister;

"automatic firearm" means any firearm which when fired ejects the spent round and refills the breech;

"Commissioner" means the Commissioner of Police;

"firearm" means any lethal barrelled weapon of any description from which any shot, bullet, cartridges, shells or other missile can be discharged, and includes any air weapon, any prohibited weapon, any component part of any such lethal barrelled weapon, air weapon or prohibited weapon and any accessory to any such weapon designed or adapted to diminish the noise or flash caused by firing the weapon;

"firearms dealer" means a person who by way of trade or business, manufactures, sells, transforms, repairs, tests or proves firearms or ammunition;

"firearms dealer’s licence" means a licence issued under section 11;

"firearms import licence" means a licence issued under section 14;

"firearm licence" means a licence issued under section 9;

"imitation firearm" means anything which has the appearance of being a firearm, whether or not it is capable of discharging any shot, bullet, cartridge, shell or other missile;

"licensing officer" means any licensing officer appointed under section 2;

"prescribed" means prescribed by regulations made under this Act;

"prohibited ammunition" means any ammunition referred to in section 8;

"prohibited weapon" means any firearm or weapon referred to in section 8.

2. Appointment of licensing officers

(1) The Commissioner may appoint in writing such persons as he may think fit to be licensing officers, under this Act.

(2) Subject to the provisions of this Act, a licensing officer shall exercise his powers subject to any directions which the Commissioner may give.

3. Requirement for a firearm licence

Subject to the provisions of this Act no person shall –

(a) have in his possession, purchase or acquire a firearm without holding a firearm licence in force at the time; or

(b) have in his possession, purchase or acquire any ammunition without holding a firearm licence in force at the time, or in quantities greater than those specified in the licence.

4. Prohibition on persons under the age of 18

(1) No person under the age of 18 years shall have in his possession, purchase or acquire any firearm or ammunition.

(2) No person shall sell, gift, let, lend or hire any firearm or ammunition to any other person whom he knows or has reasonable ground for believing to be under the age of 18 years.

5. Prohibition on possessing, acquiring, purchasing, etc., of air weapons

(1) Subject to subsection (2) and section 32 and notwithstanding anything to the contrary in any other provision of this Act, no person shall after the commencement of this Act (28 March 1988), have in his possession, purchase, acquire, manufacture, sell or import any air weapon, or ammunition designed for such weapon.

(2) Every person who is in possession of an air weapon on the date of commencement of this Act (28 March 1988), shall within 12 months from that date surrender that weapon to any police station.

(3) Every person who surrenders an air weapon under subsection (2) shall be entitled to compensation in such amount and in such manner as may be prescribed by the Minister.

6. Requirement for a firearms dealer's licence

No person shall by way of trade or business –

(a) manufacture, sell, transfer, repair, test or prove; or

(b) expose for sale or transfer; or

(c) have in his possession for sale, transfer, repair, test or proof,

any firearm or ammunition, without holding a firearms dealer's licence.

7. Requirement for a firearms import licence

No person shall import into Vanuatu any firearms or ammunition without holding a firearms import licence in force at the time.

8. Prohibited weapons

No person shall without the special authority of the Commissioner, manufacture, sell, transfer, purchase, acquire or have in his possession –

(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; or

(b) any weapon of whatever description designed or adapted for the discharge of any noxious liquid, gas or other thing; or

(c) any ammunition containing or designed or adapted to contain any such noxious thing.

9. Application for the grant of the firearm licence and the renewal and revocation of the firearm licence

(1) An application for the grant of a firearm licence shall be made in the prescribed form to the licensing officer of the area in which the applicant resides.

(2) The licensing officer may on payment of the prescribed fee, and if he is satisfied that–

(a) the applicant has good reason for having in his possession, purchasing or acquiring the firearm or ammunition specified in his application; and

(b) the applicant will at all times keep the firearm securely and in safe custody and will take all reasonable precaution to ensure that the firearm is not lost or stolen and is not at any time available to any person not lawfully entitled to possess it,

grant a firearm licence to the applicant.

(3) The licensing officer shall not grant a firearm licence, to any person –

(a) if he is prohibited under this Act, from possessing a firearm;

(b) whom he considers to be of unsound mind or intemperate habits, or for any other reasons unfit to be entrusted with a firearm.

(4) A firearm licence shall be granted in respect of each firearm and shall be in the prescribed form, and shall specify any conditions subject to which it is held, the nature of the firearm to which it relates, and as respects ammunition, the quantities authorized to be purchased and to be held at any one time.

(5) A firearm licence shall, unless previously revoked or cancelled, continue in force for 1 year from the date when it was granted or last renewed, but shall be renewable for a further period of 1 year by the licensing officer and so on from time to time.

(6) The above subsections shall apply to the renewal of a firearm licence as they apply to the grant of a firearm licence.

(7) The licensing officer may at any time by notice in writing vary the conditions subject to which the firearm licence is held, except such of them as may be prescribed, and may by such notice require the holder to deliver up the firearm licence to him within 14 days from the date of the notice for the purpose of amending the conditions specified in such licence.

(8) A firearm licence may also on the application of the holder thereof and on payment of a prescribed fee, be varied from time to time by a licensing officer.

(9) A firearm licence may be revoked by a licensing officer if –

(a) the licensing officer is satisfied that the licence holder is prohibited by or under this Act from possessing a firearm to which the firearm licence relates, or is of intemperate habits or unsound mind, or is otherwise unfit to be entrusted with such a firearm; or

(b) the licence holder fails to comply with a notice under subsection (7) requiring him to deliver up the firearm licence.

(10) (a) In any case where a firearm licence is revoked by a licensing officer, he shall by notice in writing require the licence holder to surrender the certificate and if the licence holder fails to do so within 21 days from the date of the notice, he shall be guilty of an offence under this Act;

(b) Where an appeal under this Act is brought against the revocation, this subsection shall not apply to that revocation unless the appeal is abandoned or dismissed and shall in that case have effect as if for the reference to the date of the notice there were substituted a reference to the date on which this appeal was abandoned or dismissed.

(11) Any holder of a firearm licence who fails to comply with any condition subject to which that licence is held, is guilty of an offence under this Act.

10. Persons exempted

The following persons may without holding a firearm licence, have in their possession firearms or ammunition in the ordinary course of their business –

(a) any firearms dealer possessing a firearms dealer's licence or a servant of such person;

(b) any person carrying on the business of an auctioneer, carrier or warehouseman, or a servant of such person;

(c) a member of any approved rifle club, engaging in the lawful activities of the club using any firearm relating to which a licence is held by the club;

(d) any person who carries a firearm at an athletic meeting for the purpose of starting races at that meeting;

(e) any person carrying a firearm belonging to another person, holding a firearm licence, for specified purposes only;

(f) any person taking part in a theatrical performance or rehearsal thereof or in the production of a cinematograph film, who carries a firearm for the purpose of the performance, rehearsal or production;

(g) any person working in a slaughterhouse who carries any firearm for the purpose of slaughtering an animal, in that slaughterhouse.

11. Application, grant and renewal of firearms dealer's licence

(1) The licensing officer of each area shall keep in the prescribed form a register of firearm dealers, and shall enter in the register the name of any person who, having or proposing to have a place of business in the area, applies to be registered as a firearms dealer.

(2) An application for a grant of a firearms dealer's licence shall in the prescribed form be made to the licensing officer with the particulars of every place of business at which he proposes to carry on business in the area as a firearms dealer.

(3) The licensing officer may on payment of the prescribed fee, and if he is satisfied that in all the circumstances the licence shall be granted, grant a firearms dealer's licence to the applicant.

(4) The licensing officer shall refuse to grant a firearms dealer's licence to an applicant if he is satisfied that –

(a) the applicant cannot be permitted to carry on business as a firearms dealer without danger to the public safety or to the peace; or

(b) the place of business specified in the application is a place at which the applicant cannot be permitted to carry on business as a firearms dealer without danger to the public safety or to peace.

(5) The firearms dealer's licence shall be in the prescribed form and shall be valid for 1 year and shall be renewable on application to the licensing officer, on payment of the prescribed fee.

(6) Every licensed firearms dealer shall provide and keep a register of transactions and shall enter or cause to be entered, in that register the particulars prescribed under this Act.

(7) Every licensed firearms dealer shall on demand produce such register for the inspection of the licensing officer or police officer at such place and time as such officer may reasonably require.

(8) Every such person shall also between the 1st and 7th of every month furnish to the licensing officer in the prescribed form the particulars of the stock in hand of his business of the previous month.

(9) Any holder of a firearms dealer's licence who fails to comply with any condition subject to which that licence is held, is guilty of an offence under this Act.

12. Inspection

(1) Every licensed firearms dealer shall on demand of any licensing officer or police officer submit registers of sales and purchases and the stock in hand of the business to the inspection of such officer.

(2) No person shall intentionally conceal such stock in hand of his business from a licensing officer or police officer or wilfully refuse to point out where the same is kept.

13. Power of court in case of offences by licensed firearms dealer

(1) Where a licensed firearms dealer is convicted of an offence under this Act, the court may order –

(a) that the name of the licensed firearms dealer be removed from the registry, and the firearms dealer's licence granted to him, be cancelled;

(b) that any person who, after the date of the order, knowingly employs in the management of his business the dealer convicted of the offence or any person who was knowingly a party to the offence shall not be granted a firearms dealer's licence, or if the licence is granted that licence shall be cancelled;

(c) that any stock in hand of the business shall be disposed of by sale or otherwise in accordance with this Act.

(2) A person aggrieved by an order made under this section may appeal against the order in the same manner as against the conviction and the court may, if it thinks fit, suspend the operation of the order pending the appeal.

(3) (a) A licensed firearms dealer in any area proposing to carry on his business at a place of business which has not been specified in his application and not entered in the register by the licensing officer, shall notify the licensing officer and furnish him with such prescribed particular.

(b) The licensing officer if satisfied that such place of business is a place at which that person cannot be permitted to carry on business as a firearms dealer without danger to the public safety or to the peace, may refuse to enter it in the register and cancel the firearms dealer's licence.

14. Application, grant, renewal, revocation of firearms import licence

(1) An application for a firearms import licence under this Act shall be made in the prescribed form to the licensing officer.

(2) The licensing officer shall keep in the prescribed form a register of persons who import firearms and enter in that register the name of any person who applies for a firearms import licence.

(3) The licensing officer may on payment of the prescribed fee and on being satisfied that in all the circumstances the licence shall be granted, grant a firearms import licence to the applicant.

(4) The firearms import licence shall be in the prescribed form, shall be valid for 1 year and shall be renewable on application to the licensing officer on payment of the prescribed fee.

(5) Any holder of a firearms import licence, who fails to comply with any condition subject to which that licence is held, is guilty of an offence under this Act.

15. Lost licences

If a licence issued under this Act is destroyed, defaced or lost, the person named in it may, on application to a licensing officer and on satisfying him that the application is made in good faith, obtain from him on payment of the prescribed fee a replacement licence.

16. Refusal of licence, etc.

(1) The licensing officer may refuse any application for issue or renewal of any licence without assigning any reason for such refusal and may for reasons of public safety to be duly decided by him, or when the licensee has been convicted of an offence under this Act or any Act providing for the payment of a tax or customs or excise duty or on a breach of a condition of a licence, or any other prescribed ground, cancel or suspend the licence.

(2) Licences in respect of firearms and ammunition shall be issued on a strictly personal basis and shall not be transferable.

17. Ports and places of import

The Minister may from time to time by notice published in the Gazette, declare that firearms or ammunition or particular classes of firearms or ammunition shall not be imported into Vanuatu except at ports or places specified in such notice, and no firearms or ammunition shall be imported into Vanuatu contrary to the terms of such notice.

18. Minister may prohibit import

(1) The Minister may from time to time by notice published in the Gazette prohibit for any specified period the import of any firearms or ammunition or parts of firearms or ammunition or of particular kinds of firearms or ammunition or parts of particular kinds of firearms or ammunition without a special licence issued by the Commissioner which may be subject to such conditions as the Commissioner may think fit.

(2) No person shall import into Vanuatu any firearms or ammunition or parts of firearms or ammunition in contravention of any notice under this section or in breach of the conditions subject to which any special licence is issued.

19. Provisions in respect of vessel used for illegal import

(1) If any vessel is used for the import of any firearms or ammunition or parts of firearms or ammunition in contravention of a notice under section 18 or for the receipt or storage of any firearm or ammunition or parts of a firearm or ammunition imported in contravention of any such notice, the owner or master thereof shall be guilty of an offence unless it is proved to the satisfaction of the court that the owner or master was not implicated in the placing of such firearm or ammunition or parts of a firearm or ammunition on board the vessel and that the offence in question was committed without his knowledge, consent or connivance, and the vessel may be detained by order of the court until security has been given for such sum, not exceeding VT 200,000, as the court may order.

(2) The finding of any firearm or ammunition or part of any firearm or ammunition which is subject to a prohibition under section 18 on board any vessel shall be prima facie evidence that the vessel has been used for the importation of firearms and ammunition or parts of firearms or ammunition contrary to the provisions of this Act or for the receipt or storage of firearms or ammunition or parts of firearms or ammunition imported contrary thereto.

20. Prohibition of firearms in certain areas

(1) The Minister, if he deems it expedient may by order –

(a) prohibit in any specified area and after a specified date and subject to such exceptions as he may specify, the possession, use or carrying of firearms and ammunition; and

(b) require that all firearms, and ammunition within such specified area shall be delivered up to a police officer before a specified date.

(2) Any person who without reasonable cause, (the proof whereof lies on him) refuses or neglects to comply with the provisions of such order shall be guilty of an offence.

(3) Any police officer may seize any firearm or ammunition required to be delivered up in consequence of an order under this section.

(4) Firearms and ammunition delivered up or seized in consequence of an order under this section may be detained as long as such order is in force.

21. Converting firearms

(1) No person shall, without the written permission of the Commissioner, shorten the barrel of a firearm to a length less than 60 centimetres, or convert any firearm that is not an automatic firearm into an automatic firearm.

(2) No person shall convert into a firearm anything which, though having the appearance of being a firearm, is so constructed as to be incapable of discharging any missile through the barrel thereof.

22. Customs declaration

Every person entering Vanuatu who has in his possession or among his baggage any firearm or ammunition and every consignee receiving any firearm or ammunition imported into Vanuatu shall make a declaration thereof to a customs officer on arrival.

23. Concealing unlawful imports

No person shall knowingly conceal any firearm or ammunition imported without an import licence.

24. Firearm as security for debt

No person shall give or receive any firearm as security for any debt.

25. Drunk or disorderly in possession of a firearm

No person shall be drunk, or behave in a disorderly manner, while carrying a firearm.

26. Possession of a firearm with intent to injure

No person shall have in his possession any firearm or ammunition with intent to endanger human life or cause serious injury to property.

27. Use of firearm to resist arrest

No person shall make or attempt to make any use whatsoever of a firearm or an imitation firearm with intent to resist or prevent the lawful arrest or detention of himself or any other person.

28. Carrying firearm with criminal intent

No person shall have with him a firearm or imitation firearm with intent to commit an offence, or to resist arrest or prevent the arrest of another.

29. Carrying firearm in a public place

(1) No person shall, without lawful authority or reasonable excuse (the proof whereof lies on him) have with him in a public place any firearm (whether loaded or not) together with ammunition suitable for use in that firearm.

(2) No person shall have with him in a public place any firearm (whether loaded or not) unless it is covered with a security fastened gun cover so that it cannot be fired.

30. Trespassing with a firearm

No person shall trespass on any land or in any building with a firearm without reasonable excuse (the proof whereof lies on him).

31. Appeals

Any person aggrieved by any condition of a licence granted by the Commissioner or any licensing officer under this Act, or by the variation, revocation, cancellation or suspension of, or the refusal to grant or vary, any licence under this Act, by such an officer, may within 14 days of being notified of such condition, variation, revocation, cancellation, suspension or refusal, appeal in writing to the Minister, and the Minister's decision thereon shall be final and shall not be questioned in any proceedings whatsoever (save on points of law).

32. Exemptions

(1) Nothing in this Act shall apply to any person in the service of the Government of Vanuatu in his capacity as such and acting in the course of that service, carrying a firearm for official purposes.

(2) Nothing in this Act shall apply to rescue or signalling apparatus or the ammunition therefore carried by any ship or aircraft in pursuance of any law or rule applying thereto, or intended for such use.

33. Power of search with warrant

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 within his jurisdiction, he may grant a search warrant authorising a police officer named therein –

(a) to enter at any time any premises or place named in the warrant, if necessary by force, and to search the premises or place and every person found there;

(b) to seize and detain any firearm or ammunition which he may find on the premises or place, or on any such person, in respect of which or in connection with which he has reasonable ground for suspecting that an offence relevant for the purposes of this section has been, is being or is about to be committed; and

(c) if the premises are those of a licensed firearms dealer, to examine any books relating to the business.

34. Power of search without warrant

Any police officer may without a warrant enter and remain on any land or premises other than a dwelling house at and for such time as may be reasonably necessary to enable him to ascertain whether a person carrying or using or in possession of any firearm or ammunition on such land or premises has a licence in that behalf.

35. Powers of police officers to stop and search

(1) A police officer may require any person whom he has reasonable cause to suspect –

(a) of having a firearm, with or without ammunition, with him in a public place; or

(b) to be committing or about to commit, elsewhere than in a public place, an offence relevant for the purposes of this section,

to hand over the firearms or any ammunition for examination by the police officer.

(2) Any person having any firearm or ammunition with him, who fails to hand it over when required to do so by a police officer under subsection (1), shall be guilty of an offence.

(3) If a police officer has reasonable cause to suspect a person of having a firearm with him in a public place, or to be committing or about to commit, elsewhere than in a public place, an offence relevant for the purposes of this section, the police officer may search that person and may detain him for the purpose of doing so.

(4) If a police officer has reasonable cause to suspect that there is a firearm in a vehicle in a public place, or that a vehicle is being or is about to be used in connection with the commission of an offence relevant for the purposes of this section elsewhere than in a public place, he may search the vehicle and for that purpose require the person driving or in control of it to stop it.

(5) For the purpose of exercising the powers conferred by this section a police officer may enter any place.

36. Detention of firearms or ammunition by the police

Any firearm or ammunition produced to a licensing officer in pursuance of any of the provisions of this Act or under any condition in a licence may, in any case in which the licensing officer for reasons of public safety or for other good cause to be duly recorded by him so directs, be detained by such officer for any period not exceeding 6 months.

37. Deposit of firearms and ammunition at police station

(1) Any person whose possession of any firearm or ammunition shall become unlawful in consequence of the expiry, revocation, cancellation or suspension of a licence shall forthwith deposit such firearm and ammunition at a police station or police armoury.

(2) If the owner of any firearm or ammunition, the possession of which has become unlawful in consequence of the expiry, revocation, cancellation or suspension of a licence, does not, within 6 months from the date of expiry, revocation or cancellation of such licence or 6 months from the expiry of suspension, as the case may be, produce a licence authorising him to possess the same, such firearm or ammunition may be sold (in which event the owner shall be entitled to receive the proceeds of sale less expenses) or otherwise disposed of in the prescribed manner.

38. Disposal of detained firearm

Firearms and ammunition detained under the provisions of section 36 shall, at the expiry of the period of detention, be returned to the person lawfully authorised to receive the same. If despite reasonable diligence such person cannot be found, or if there is no such person, such firearms and ammunition shall be disposed of in the prescribed manner.

39. Forfeitures

All firearms and ammunition with regard to which any offence shall have been committed against the provisions of this Act or any regulations made hereunder, or any breach of any condition subject to which any licence shall have been granted, may be seized by any licensing officer, police officer or customs officer and, together with the receptacle containing the same, shall be liable to forfeiture by order of the court.

40. Offences

(1) Any person who contravenes or fails to comply with any of the provisions of this Act is guilty of an offence under this Act.

(2) The Schedule to this Act shall have effect as regards penalty for any offence under this Act.

41. Mistake of fact is not a defence

(1) A mistake of fact consisting of a genuine even though not reasonable belief, in any fact or any circumstances, which had it existed, would have rendered the conduct of the accused person innocent, shall not be a defence to a charge under this Act.

(2) This section applies to all charges for offences under this Act, except the offences specified in sections 19, 23, 26, 27 and 28.

42. Minister's power to make regulations

The Minister may make regulations, not inconsistent with this Act prescribing all matters which are necessary or required to be prescribed for and for the carrying out or giving effect to this Act.

SCHEDULE

(section 40)

PENALTIES