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Vanuatu Consolidated Legislation - 1988 |
Commencement: 28 March 1988
LAWS OF THE REPUBLIC OF VANUATU
REVISED EDITION 1988
CHAPTER 198
ARRANGEMENT OF SECTIONS
SECTION
3. Requirement for a firearm licence
4. Prohibition on persons under the age of 18
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
22. Customs declaration
23. Concealing unlawful imports
24. Firearm as security for debt
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
41. Mistake of fact, is not a defence
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.
INTERPRETATION
"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 adopted 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 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.
APPOINTMENT OF LICENSING OFFICERS
(2) Subject to the provisions of this Act, a licensing officer shall exercise his powers subject to any directions which the Commissioner may give.
REQUIREMENT FOR A FIREARM LICENCE
3. 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.
PROHIBITION ON PERSONS UNDER THE AGE OF 18
(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.
PROHIBITION ON POSSESSING, ACQUIRING, PURCHASING ETC. OF AIR WEAPONS
(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.
REQUIREMENT FOR A FIREARMS DEALER'S LICENCE
6. 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.
REQUIREMENT FOR A FIREARMS IMPORT LICENCE
PROHIBITED WEAPONS
(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.
APPLICATION FOR THE GRANT OF THE FIREARM LICENCE AND THE RENEWAL AND REVOCATION OF THE FIREARM LICENCE
(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 unfitted 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 renew- able 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 unfitted 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.
PERSONS EXEMPTED
(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 specifying 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.
APPLICATION, GRANT AND RENEWAL OF FIREARMS DEALER'S LICENCE
(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.
INSPECTION
(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.
POWER OF COURT IN CASE OF OFFENCES BY LICENSED FIREARM DEALER
(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 firearm 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.
APPLICATION, GRANT, RENEWAL, REVOCATION OF FIREARMS IMPORT LICENCE
(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.
LOST LICENCES
REFUSAL OF LICENCE ETC.
(2) Licences in respect of firearms and ammunition shall be issued on it strictly personal basis and shall not be transferable.
PORTS AND PLACES OF IMPORT
MINISTER MAY PROHIBIT IMPORT
(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.
PROVISIONS IN RESPECT OF VESSEL USED FOR ILLEGAL IMPORT
(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.
PROHIBITION OF FIREARMS IN CERTAIN AREAS
20. (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.
CONVERTING FIREARMS
(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.
CUSTOMS DECLARATION
CONCEALING UNLAWFUL IMPORTS
FIREARM AS SECURITY FOR DEBT
24. No person shall give or receive any firearm as security for any debt.
DRUNK OR DISORDERLY IN POSSESSION OF A FIREARM
POSSESSION OF A FIREARM WITH INTENT TO INJURE
USE OF FIREARM TO RESIST ARREST
CARRYING FIREARM WITH CRIMINAL INTENT
CARRYING FIREARM IN A PUBLIC PLACE
(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.
TRESPASSING WITH A FIREARM
APPEALS
EXEMPTIONS
(2) Nothing in this Act shall apply to rescue or signalling apparatus or the ammunition therefor carried by any ship or aircraft in pursuance of any law or rule applying thereto, or intended for such use.
POWER OF SEARCH WITH WARRANT
(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.
POWER OF SEARCH WITHOUT WARRANT
POWERS OF POLICE OFFICERS TO STOP AND SEARCH
(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.
DETENTION OF FIREARMS OR AMMUNITION BY THE POLICE
DEPOSIT OF FIREARMS AND AMMUNITION AT POLICE STATION
(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.
DISPOSAL OF DETAINED FIREARM
FORFEITURES
OFFENCES
(2) The Schedule to this Act shall have effect as regards penalty for any offence under this Act.
MISTAKE OF FACT, IS NOT A DEFENCE
(2) This section applies to all charges for offences under this Act, except the offences specified in sections 19, 23, 26, 27 and 28.
MINISTER'S POWER TO MAKE REGULATIONS
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SCHEDULE
PENALTIES
Section of General nature of offence Penalty
this Act
creating
offence
Section 3 Possessing etc. firearm or ammunition Fine not exceeding VT20,000
without firearm licence or imprisonment for a period
not exceeding 6 months or to
both.
Section 4(1) Possessing etc. firearm or ammunition Fine not exceeding VT10,000
by a person under 18 years or imprisonment for a period
not exceeding 3 months or to
both.
Section 4(2) Selling/gifting etc. any firearm or Fine not exceeding VT20,000
ammunition to a person under 18 years or imprisonment for a period
not exceeding 6 months or to
both.
Section 5(1) Possessing etc. air weapon Fine not exceeding
VT10,000.
Section 5(2) Not surrendering any air weapon to the Fine not exceeding VT20,000
police station or imprisonment for a period
not exceeding 12 months or
to both.
Section 6 Trading in firearm or ammunition Fine not exceeding
without holding firearm dealer's licence VT.50,000 or imprisonment
for a period not exceeding
12 months or to both.
Section 7 Importing firearm or ammunition Fine not exceeding VT50,000
without holding a firearms import or imprisonment for a period
licence not exceeding 12 months or
to both.
Section 8 Manufacturing, selling etc., prohibited Fine not exceeding
weapons VT100,000 or imprisonment
for a period not exceeding
2 years or to both.
Section 9(11) Non compliance with any condition of Fine not exceeding VT20,000
firearms import licence or imprisonment for a period
not exceeding 6 months or to both.
Section 11(9) Non compliance with any condition of Fine not exceeding VT50,000
firearm dealer's licence or imprisonment for a period
not exceeding 1 year or to
both.
Section 12(1) Not submitting on demand, registers of Fine not exceeding VT50,000
sales etc. or imprisonment for a period
not exceeding 1 year or to
both.
Section 12(2) Intentionally concealing stock in hand Fine not exceeding
or wilfully refusing to point out where VT100,000 or imprisonment the same is kept for a period not exceeding 2
years or to both.
Section 14(5) Non-compliance with any condition of Fine not exceeding VT50,000
firearms import licence or imprisonment for a period
not exceeding 1 year or to both.
Section 17 Importation into Vanuatu any firearm Fine not exceeding
or ammunition in contravention of VT100,000 or imprisonment
terms of notice under section 19 for a period not exceeding 2
years or to both.
Section 18 Importation into Vanuatu any firearm Fine not exceeding
or ammunition in contravention of any VT100,000 or imprisonment
notice under section 20 or in breach of for a period not exceeding 2
the conditions of the special licence years or to both.
Section 19 Using any vessel to import any firearms Fine not exceeding
or ammunition in contravention of a VT100,000 or imprisonment
notice under section 21, or for the for a period not exceeding 2
receipt or storage of such firearm or years or to both.
ammunition
Section 20 Refusing or neglecting without any Fine not exceeding VT50,000
reasonable cause to comply with an or imprisonment for a period
Order under section 22 not exceeding 1 year or to
both.
Section 21(1) Shortening a firearm Fine not exceeding
VT100,000 or imprisonment
for a period not exceeding 2 years or to both.
Section 21(2) Conversion of firearms Fine not exceeding
VT100,000 or imprisonment for a period not exceeding 2 years or to both.
Section 22 Non-compliance with requirement to Fine not exceeding VT20,000
make a declaration under section 24 or imprisonment for a period not exceeding 6 months or to both.
Section 23 Knowingly concealing any firearm or Fine not exceeding
ammunition imported without an VT100,000 or imprisonment
import licence for a period not exceeding 2 years or to both.
Section 24 Giving or receiving any firearm as Fine not exceeding VT50,000
security for any debt or imprisonment for a period
not exceeding 1 year or to
both.
Section 25 Being drunk or behaving in a disorderly Fine not exceeding
manner, while carrying a firearm VT100,000 or imprisonment for a period not exceeding 2 years or to both.
Section 26 Possession of any firearm or Fine not exceeding
ammunition with intent to endanger V1750,000 or imprisonment
human life or cause serious injury to for a period not exceeding 15
property. years or to both.
Section 27 Use of firearms to resist arrest or Fine not exceeding
detention VT500,000 or imprisonment for a period not exceeding 10 years or to both.
Section 28 Carrying firearms or imitation firearms Fine not exceeding
with intent to commit an offence, or to VT500,000 or imprisonment
resist or prevent arrest for a period not exceeding 10 years or to both.
Section 29 Carrying loaded firearm in public place Fine not exceeding
VT250,000 or imprisonment for a period not exceeding 5 years or to, both.
Section 30 Trespassing with firearm on land Fine not exceeding
VT250,000 or imprisonment for a period not exceeding 5 years or to both.
Section 35(2) Failure to hand over firearm or Fine not exceeding
ammunition on demand by a police VT100,000 or imprisonment
officer. for a period not exceeding 2 years or to both.
Section 37 Failure to deposit any firearm at the Fine not exceeding
police station, or ammunition in VT100,000 or imprisonment
consequence of the expiry, etc. of a for a period not exceeding 2
Licence. years or to both.
_______________________________________________________________________
SUBSIDIARY LEGISLATION
FIREARMS REGULATIONS
ARRANGEMENT OF REGULATIONS
REGULATION
3. Form and conditions of firearm licence
4. Form of application for a firearm dealer's licence
5. Form of firearm dealer's licence
7. Requirements for a firearms dealer's licence
8. Form of application for a firearms import licence
SCHEDULE 1 - Form 1: Form of application for a firearm licence
Form 2: Firearms licence
Form 3: Certificate
Form 4: Form of application for a firearms dealer's licence
Form 5: Firearms dealer's licence
Form 6: Dealer's register of transactions
Form 7: Return of firearms and ammunition purchased, imported and sold
Form 8: Form of application for a firearm import licence
Form 9: Firearms import licence
Form 10: Register of firearms importers
SCHEDULE 2-Fees
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SUBSIDIARY LEGISLATION
FIREARMS REGULATIONS
To provide for the forms, fees and others matters connected therewith for the purposes of the Firearms Act, Cap. 198.
INTERPRETATION
1. In these regulations unless the context otherwise requires -
"Act" means the Firearms Act, Cap. 198.
"licensing officer" means a licensing officer appointed under section 2 of the Act.
FORM OF APPLICATION FOR FIREARM LICENCE
(2) An application for the renewal of a firearm licence under the Act shall be made to the licensing officer in Form 1 in Schedule 1.
FORM AND CONDITIONS OF FIREARM LICENCE
3. (1) Every firearm licence granted under section 9(4) of the Act -
(a) shall be in Form 2 set out in Schedule 1;
(b) shall contain the certificate in Form 3 set out in Schedule 1; and
(c) shall be subject to the following conditions -
(i) the firearm and ammunition in respect of which the licence is granted shall at all times when not in actual use be kept in a secure place with a view to prevent use or access to them by any person not lawfully entitled to use them;
(ii) the loss or theft of any firearm to which the licence relates shall be at once reported to the nearest police station or licensing officer;
(iii) except as the licensing officer otherwise permits, the firearm and ammunition shall be kept at the permanent address of the holder of the firearm licence and the licensing officer shall be notified in writing within 14 days of any change of such address and of any change in the address at which the holder of the licence is otherwise permitted to keep the firearm and ammunition;
(iv) the holder of the licence shall obey all lawful orders of any police officer or licensing officer relating to -
(a) the licence;
(b) any firearm or ammunition possessed or acquired under the licence,
and shall produce such licence, firearm or ammunition to such officer on demand;
(vi) the firearm or ammunition in respect of which the firearm licence is granted shall not be used for any unlawful purpose.
(2) Every certificate given to the holder of a firearm licence shall be retained by him for production to the licensed dealer or, if requited, to a police or licensing officer.
FORM OF APPLICATION FOR A FIREARM DEALER'S LICENCE
FORM OF FIREARM DEALER'S LICENCE
(a) that the holder of a firearm dealer's licence or his servants employed in the ordinary course of business of such holder as a licensed firearms and ammunition dealer, shall observe the provisions of the Act and of any regulations made hereunder;
(b) that the holder of a firearm dealer's licence or his servants employed as aforesaid shall not part with possession of any firearm or ammunition except to a person lawfully entitled to possess the same;
(c) that the holder of a firearm dealer's licence or his servants employed as aforesaid shall obey all lawful orders of any police or licensing officer relating to any firearm or ammunition in their possession;
(d) that any firearm and ammunition in the possession of the holder of a firearm dealer's licence shall not be used for any unlawful purpose;
(e) that the holder of such licence shall ensure that the proper records required under the Act and the regulations are maintained by him in the prescribed form.
PARTICULARS TO BE ENTERED IN THE REGISTER OF THE LICENSED FIREARMS DEALER
(a) the quantities and description of firearms and ammunition purchased or acquired with the names and addresses of the sellers or transferors and the dates of the several transactions;
(b) the quantities and description of firearms and ammunition sold or transferred with the names and addresses of the purchasers and transferees (except in cases where the purchasers are transferees), the areas in which firearms were sold or transferred and the dates of the several transactions;
(c) the quantities and description of firearms and ammunition accepted for sale, repair, test, proof, cleaning, storage, or other purpose, with the names and addresses of the transferors and the dates of the several transactions;
(d) the quantities and description of firearms and ammunition in possession for sale or transfer at the date of the last stock-taking or such other date in each year as may be specified in the register.
(2) The register shall be kept in 3 books and shall be in Form 6 in Schedule 1.
(3) Every licensed firearms dealer shall, between the 1st and 7th of each month furnish particulars under section 11(8) of the Act, to the licensing officer in Form 7 in Schedule 1.
REQUIREMENTS FOR A FIREARMS DEALER'S LICENCE
(a) fill and sign the certificate of transaction in Form 3 in Schedule 1;
(b) within 48 hours from the transaction, send a copy of the certificate of the transaction to the licensing officer;
(c) in any case report in writing within 48 hours to the licensing officer any circumstances attending the transaction which appear to require investigation.
FORM OF APPLICATION FOR A FIREARMS IMPORT LICENCE
FORM OF FIREARMS IMPORT LICENCE
REGISTER OF FIREARM IMPORTERS
LOST LICENCES
(2) Any person who contravenes this regulation shall be guilty of an offence and liable to a fine not exceeding VT10,000 or to imprisonment for a period not exceeding 2 months or to both such fine and imprisonment.
DISPOSAL OF DEPOSITED, DETAINED AND FORFEITED FIREARM OR AMMUNITION
(2) Any firearm or ammunition deposited at a police station or police armoury in accordance with the provisions of section 37(1) of the Act, if not taken possession of by the lawful owner in accordance with the provisions of section 37(2) and not disposed of in the manner specified by that subsection, shall be disposed of as the Commissioner of Police deems fit.
(3) Where any firearm or ammunition is detained under the provisions of section 36 of the Act and at the expiry of the period of detention, such firearm or ammunition cannot be returned to the person lawfully authorized to receive the same in accordance with section 38 as such person cannot be found, such firearm or ammunition may be sold or disposed of as the Commissioner of Police deems fit.
(4) Firearms and ammunition forfeited in accordance with the provisions of section 39 of the Act may be sold or disposed of as the Commissioner of Police deems fit.
(5) If any police officer in charge of a police armoury considers any firearm or ammunition deposited or detained therein in accordance with the Act or these regulations to be in an unsafe condition, he shall report the unsafe condition of such firearm or ammunition to the Commissioner of Police who may cause such firearm or ammunition to be destroyed in such manner as he deems fit.
(6) The proceeds from the sale of any firearm or ammunition referred to in this regulation, other than the proceeds of sale under section 37 of the Act, shall be paid into the Treasury.
VOLUNTARY DEPOSIT OF FIREARMS AND AMMUNITION IN POLICE ARMOURIES
(2) It shall be the duty of the officer in charge of the armoury to take reasonable care of all firearms and ammunition so deposited, but notwithstanding any breach of duty or the negligence of any police officer or otherwise, no action shall lie against the Government or any police officer in respect of the loss of or damage to any firearm or ammunition so deposited.
FEES
(2) Any fee payable on the grant of a licence, renewal of a licence, variation of conditions in a licence or deposit of firearms in police armoury shall be paid before the applicant is granted a licence, renewal, variation of conditions or deposit of firearms, as the case may be.
SCHEDULE 1
FORMS
FORM 1
THE FIREARMS REGULATIONS
FORM OF APPLICATION FOR A FIREARM LICENCE
1. Name in full ....................................................................................................
2. Full postal address - Village/Town ................................................................
Island ...............................................................................................................
3. Age ............................... 4. Nationality ...........................................
5. Occupation ................... 6. Employer .............................................
Quantity Calibre
and type
(i) Possessed at date of application .............................. .....................
(ii) Total amount desired to be purchased or acquired in
1 year ........................................................................ .....................
(iii) Maximum amount desired to be possessed or acquired at any
one time .................................................................... .....................
....................................................................................................................
................................................................................................
12. Do you suffer from any form of mental disorder or defect?
YES/NO. If YES, give details ................................................................................ .................................................................................................................................
13. Have you been convicted of any offence, other than minor, traffic offences.
YES/NO. If YES, give details ...............................................................................
.......................................................................................................
.............................................................................................................................
15. Where do you intend to use each of the firearms specified?
DECLARATION
I hereby apply for a licence in respect of the firearm(s) and ammunition specified above, and I declare that the statements made above are true and complete in all respects.
Date: ........................... Signature: ............................................................
For Official Use
This application was lodged at ........................................................................... (office)
on (date) ...........................................................................................................................
RECOMMENDED/NOT RECOMMENDED
Reasons for non-recommendation .................................................................................. ..........................................................................................................................................
LICENCE Approved/Not Approved
AMMUNITION -
(i) maximum amount authorised to be possessed at any one time* -
..............................................................................................................................
(ii) total amount to be purchased in each year* -
................................................................................................
*State quantity, type and calibre.
Date: ................................ Signature: ............................................................
Licensing Officer
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FORM 2
(regulation 3)
THE FIREARMS REGULATIONS FIREARM LICENCE
LICENCE NO. .....................
Full Name ....................................................................................................................
(Block Letters)
Village/Town ...............................................................................................................
Island .......................................................................................................................................
is hereby authorised to possess the firearm(s) and ammunition specified hereunder -
(a) Firearm -
(i) Type ............................................................................................
(ii) Calibre ...........................I.............................................................
(iii) Maker's Name ..............................................................................
(iv) Maker's Number ................................................................................
(b) Ammunition -
(i) maximum amount authorised to be possessed at any one time .......................................................................................................
(ii) total amount authorised to be purchased in each year, commencing ........................... 19 .......................................................
*State quantity, type and calibre.
The following conditions shall be observed by the holder of this licence -
(1) the firearm(s) and ammunition to which this licence relates shall at all times when not in actual use be kept in a secure place with a view to preventing use or access to them by persons not entitled to use them;
(2) the loss or theft of any of the firearm(s) or ammunition to which the licence relates shall be reported at once to the nearest police station or licensing officer;
(3) except the licensing officer otherwise permits, the firearm(s) and ammunition shall be kept at the permanent address of the holder of this licence and the licensing officer shall be notified in writing within .......... of any change of such address and of any change in the address at which the holder of this licence is otherwise permitted to keep the firearm(s) or ammunition;
(4) the holder of this licence shall take all necessary steps to secure that regulation 5 of the Firearms Regulations (which relates to instructions concerning the sale or transfer of firearms and ammunition by licensed dealers) is complied with;
(5) the holder of this licence shall obey all lawful orders of any police officer or licensing officer relating to the licence, or any firearm or ammunition possessed or acquired under this licence and shall produce such licence, firearm or ammunition to such officer on demand;
(6) that such firearm or ammunition shall not be used for any unlawful purposes.
The licensing officer may insert any other condition here below -
The licence shall remain in force until ...........................................................................
unless previously revoked or cancelled.
Date: ........................... Signature: ...............................................
Licensing Officer
T.R. No.: .....................
RENEWALS
This licence is hereby renewed and is valid until ........................................................... 19........ unless previously revoked or cancelled.
Date: .............................. Signature: ............................................................
Licensing Officer
T.R. No.: ............................
-------------------------------------------------------
FORM 3
(regulation 7)
THE FIREARMS REGULATIONS
CERTIFICATE
TABLE 1 (FIREARMS)
A Date of sale or transfer | B Name and address of person selling or transferring firearm | C Quantity, calibre, make and type of firearm, identification number or other mark. | D I certify that the entries in columns A to C are correct and relate to a transaction and I have satisfied myself that the transaction will not place the holder of the licence in possession of firearms in excess of or otherwise than as authorised by the licence. Signature: .............. Date: ................... |
TABLE 2 (AMMUNITION)
A Date of sale or transfer. | B Name and address of person selling or transferring ammunition. | C Quantity of ammunition. | D. Calibre and description of ammunition. | E Certificate I certify that the entries in columns A to D are correct and relate to a transaction with the holder of this licence, that I have inspected this licence and the record of previous transactions and I have satisfied myself that the transaction will not place the holder of the licence in possession of ammunition in excess of or otherwise than as authorised by the licence. Signature: ...... Date: ............ |
-----------------------------------------------
FORM 4
(regulation 4)
THE FIREARMS REGULATIONS
FORM OF APPLICATION FOR A FIREARMS DEALER'S LICENCE
1. Name in full ...................................................................................................
2. Address ..........................................................................................................
3. Intended place of business .............................................................................
4. Description of firearms and ammunition for which a licence is required -
(a) Firearms-state make, type, calibre and maximum quantity to be held at any one time -
.............................................................................................................................................................................................................................................
(b) Ammunition - state make, type, calibre and maximum quantity to be held at any one time -
................................................................................................................................................................................................................................................
................................................................................................................................................................................................................................................
(b) Date and place of issue of any licence to deal in firearms and ammunition held during previous 12 months.
.....................................................................................................................
DECLARATION
I hereby apply for a licence to deal in the firearms and ammunition specified above and I declare that the statements made above are true and complete in all respects.
Date: ................................. Signature of Applicant .............................................
For Official Use
This application was lodged at ............................................................................... (office) on (date) ..............................................................................................................................
RECOMMENDED/NOT RECOMMENDED
Reasons for non-recommendation ......................................................................................................
.............................................................................
LICENCE Approved/Not Approved
Date: ..................................... Signature: .....I..............................................
Licensing Officer
------------------------------------------------------
FORM 5
(regulation 5)
THE FIREARMS REGULATIONS FIREARM DEALER'S LICENCE
LICENCE No.: ....................
This licence authorises .......................................................................................................................
of ............................................................................................................................. in
the Republic of Vanuatu or his servants in the ordinary course of his business as a licensed firearms and ammunition dealer -
(a) to assemble or disassemble, clean, repair, test or approve any firearm or ammunition;
(b) to manufacture any component part of a firearm Or ammunition;
(c) to sell, transfer or expose for sale any firearm or ammunition;
(d) to keep or have in their possession any firearm or ammunition for any of the aforesaid purposes at the following place(s) -
..........................................................................................................................
This licence is subject to the following conditions -
(i) that the holder of such licence or his servants employed in the ordinary course of business of such holder as a licensed firearms and ammunition dealer, shall observe the provisions of the Act and of any regulations made hereunder;
(ii) that the holder of such licence or his servants employed as aforesaid shall not part with possession of any firearm or ammunition except to a person lawfully entitled to possess the same;
(iii) that the holder of such licence or his servants employed as aforesaid shall obey all lawful orders of any police or licensing officer relating to any firearm or ammunition in their possession;
(iv) that any firearm and ammunition in the possession of the holder of such licence shall not be used for any unlawful purpose;
(v) that the holder of such licence shall ensure that the proper records required under the Act and the regulations are maintained by him in the prescribed form;
(vi) Additional conditions ................................................................................................................................................................................................................................................
This licence shall continue in force until .................................................................. 19..... unless previously revoked or cancelled.
Date: ..................................... Signature: .........................................
Licensing Officer
T.R. No.: .....................
RENEWALS
This licence is hereby renewed and shall remain in force until ....................................... 19 unless previously revoked or cancelled.
Date: ....................................... Signature: .................................................
Licensing Officer
T.R. No.: ...............................
----------------------------------------------
FORM 6
(regulation 6)
THE FIREARMS REGULATIONS DEALER'S REGISTER OF TRANSACTIONS
TABLE 1-FIREARMS
(A separate folio to be used for each type of firearms)
Type ...................................
ACQUISITION | ||||
Date | Source (in case of import state country), and full name and address of firm or person from whom acquired | Make, calibre and identity no. | No. and date of import licence | Quantity |
| | | | |
DISPOSAL
Date | Name and address of person to whom sold or supplied | Make, calibre and quantity sold or disposed of and identity no. | Balance in stock |
| | | |
TABLE 2-AMMUNITION
Calibre ............... (A separate folio to be used for each calibre of ammunition)
ACQUISITION | |||
Date | Source (in case of import state country), and full name and address of firm or person from whom acquired | Make, type and quantity received | Number and date of import licence |
| | | |
DISPOSAL
Date | Make, type and quantity sold | Name and address of person to whom sold | Balance in stock |
| | | |
TABLE 3-REPAIRS, ALTERATIONS, STORAGE, TESTING, ETC.
1 | 2 | 3 | 4 | 5 |
Date | Full name and address of depositor | Reason for depositing | Make, type, calibre and identity markings of firearms or component part deposited | Quantity and calibre of ammunition deposited |
| | | | |
6 | 7 | 8 | 9 |
Date removed | By whom removed (full name and address) | Firearms licence no. date and station of issue produced by person removing | Remarks |
| | | |
-----------------------------------------------
FORM 7
(regulation 6(3))
THE FIREARMS REGULATIONS
RETURN OF FIREARMS AND AMMUNITION PURCHASED,
IMPORTED AND SOLD
(To be forwarded by licensed firearm's dealers to the licensing officer between the 1st and 7th of each month)
TABLE 1-FIREARMS
Month of ................... 19............................. | .22 Rifles | 12g Shotguns | .410 Shotguns | Other Shotguns |
Stock in hand on ................................. Purchased or imported * on ............... imported * on ............... imported * on ............... | | | | |
Sold on ....................... Sold on ....................... Sold on ....................... | | | | |
Balance in stock on .................................. | | | | |
*Where imported also include import licence number.
TABLE 2-AMMUNITION
Month of ................... 19............................. | .22 Rifles | 12g Shotguns | .410 Shotguns | Other Shotguns |
Stock in hand on ................................. Purchased or imported * on ............... imported * on ............... imported * on ............... | | | | |
Sold on ....................... Sold on ....................... Sold on ....................... | | | | |
Balance in stock on .................................. | | | | |
*Where imported also record licence number.
----------------------------------------------------
FORM 8
(regulation 8)
THE FIREARMS REGULATIONS
FORM OF APPLICATION FOR A FIREARM IMPORT LICENCE
1. Name in full ...............................................................................................
2. Address ......................................................................................................
3. Place of business ........................................................................................
4. Description of firearms and ammunition desired to be imported -
(a) Firearms-state make, type, calibre and quantity of firearms to be imported. ................................................................................................................................................................................................................................................
(b) Ammunition-state make, type, calibre and quantity to be imported.
................................................................................................................................................................................................................................................
................................................................................................................................................................................................................................................
(b) Date and place of issue of any licence to import firearms and ammunition granted during last 12 months.
................................................................................................................................................................................................................................................
........................................................................................................................................................................................................................................................................
DECLARATION
I hereby apply for a licence to import the firearms and ammunition specified above. I am the holder of a Firearm Dealer's Licence No. 1* I declare that the statements made above are true and complete in all respects.
*Delete if inapplicable.
Date: .............................. Signature of Applicant: ..........................................
For Official Use
This application was lodged at ................................................................................ (office) on (date) ..............................................................................................................................
RECOMMENDED/NOT RECOMMENDED
Reasons for non-recommendation .....................................................................................................
.....................................................................................................
LICENCE Approved/Not approved
Date: .............................................. Signature: ........................................
(Licensing Officer)
-----------------------------------------------
FORM 9
(regulation 9)
THE FIREARMS REGULATIONS
FIREARMS IMPORT LICENCE
LICENCE No.: ........................
Full Name .......................................................................................
Address ........................................................................................................................
is hereby licensed to import into the Republic of Vanuatu firearms and ammunition of the number and description hereunder specified
-
Quantity Description Calibre Remarks
This licence shall continue in force until .................................... 19.......... unless previously revoked or cancelled.
Date: ................................ Signature: ...........................................................
(Licensing Officer)
T.R. No.: ...............................
-------------------------------------------------
FORM 10
(regulation 10)
THE FIREARMS REGULATIONS
REGISTER OF FIREARMS IMPORTERS
Name and place of business | Date application received | Date application approved/not approved | Date licence issued | Licence No. | R.R. No. | Date renewed |
| | | | | | |
SCHEDULE 2
(regulation 14)
FEES
Particulars Fees
______________________________________________________________________
1. Grant or renewal of firearm licence under section 9(2) of the Act.
VT3,000
2. Variation of conditions in firearm licence under section 9(7) of the Act.
VT1,000
3. Grant or renewal of firearm dealer's licence under section 11(3) of the
Act. VT30,000
4. Grant or renewal of firearm import licence under section 14(3) of the
Act. VT500 per
firearm
5. Issue of replacement firearm licence under section 15 of the Act. VT1,000
6. Deposit of firearm in police armoury under section 37(1) of the Act.
VT1,000
per firearm
NOTICE OF PORTS AND PLACES OF IMPORT (1 July 1988)
2. The following firearms and ammunition shall not be imported into Vanuatu -
(a) automatic firearms, that is firearms which are so designed or adapted that if pressure is applied to the trigger, missiles continue to be discharged until pressure is removed from the-trigger or the magazine containing the missiles is empty;
(b) semi-automatic firearms, that is firearms other than automatic firearms as specified in paragraph (a), which when fired eject the spent round and refill the breach;
(c) pistols and revolvers of all types;
(d) firearms and ammunition of the following calibres -
.300, .303, .38 and .45 inches, and 7.62 and 9 millimetres;
(e) any weapon of whatever description designed or adapted for the discharge of any noxious liquid, gas or other thing; and
(f) any ammunition containing or designed or adapted to contain any such noxious thing.
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