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Arms and Ammunition Act

LAWS OF FIJI


CHAPTER 188


ARMS AND AMMUNITION


Arrangement of Sections


PART I-PRELIMINARY


SECTION


1. Short title.
2. Interpretation.


PART II-LICENCES TO MANUFACTURE ARMS OR AMMUNITION


3. Prohibition on the manufacture of arms and ammunition.


PART III-LICENCES TO POSSESS, USE OR CARRY ARMS OR AMMUNITION


4. Possession of arms and ammunition prohibited except under licence.
5. Period of exemption in certain cases.
6. Licences: how obtained.
7. Marking of arms.
8. Lost licences.
9. Arms or ammunition lost or destroyed.


PART IV-LICENSED ARMS DEALERS


10. Dealers' licences.
11. Obstructing inspection of stock-in-trade.
12. Boards to be affixed at dealers' shops.
13. Storage and safe custody of arms and ammunition.
14. Provisions as to shortening arms and converting imitation arms into arms.


PART V-PURCHASE, ACQUISITION, IMPORT AND EXPORT OF ARMS AND AMMUNITION


15. Purchase or acquisition.
16. Licence to import.
17. Arms and ammunition sent by post.
18. Licence to export.
19. Ports and places of import and export.
20. Declaration of arms and ammunition on importation.
21. Penalty for unlawful importation or exportation.
22. Arms and ammunition in transit through Fiji.
23. Concealing unlawfully imported arms and ammunition.
24. Minister may prohibit importation or exportation.
25. Penalty in respect of vessel used for illegal importation or exportation.
26. Prohibition of arms in certain areas.


PART VI-MISCELLANEOUS


27. Certain weapons prohibited without authority of Minister.
28. Licence may be refused.
29. Penalty for taking in pawn arms or ammunition or selling arms or ammunition by auction.
30. Search for arms or ammunition under warrant by court.
31. Detention of arms or ammunition by the police.
32. Entry on place where there are arms or ammunition.
33. Where licensee under disability.
34. Deposit of arms and ammunition at police station.
35. Disposal of detained arms and ammunition.
36. Ownership.
37. Rewards to informers.
38. Forfeitures.
39. Security of arms and ammunition.
40. General penalty.
41. Liability of principal and agent.
42. Search of vessels.
43. Carrying arms or ammunition with intent to commit offence, etc.
44. Persons conveying arms or ammunition may be apprehended without warrant.
45. Persons arrested to be taken to police station.
46. Carrying arms in a public place.
47. Trespassing with arms in building.
48. Power to stop and search for arms and ammunition in the street.
49. Presumption.
50. Regulations.
51. Power to exempt.
52. Provisions of Act to be additional to other law.

_________________


ARMS AND AMMUNITION ACT


Ordinances Nos. 39 of 1961, 40 of 1966,
18 of 1969, 33 of 1970.


AN ACT TO REPEAL THE ARMS ORDINANCE AND TO MAKE BETTER PROVISION FOR CONTROLLING THE POSSESSION, MANUFACTURE, SALE, REPAIR, STORAGE, IMPORT AND EXPORT OF ARMS AND AMMUNITION.


[1st January, 1962.]


PART I-PRELIMINARY


Short title


1. This Act may be cited as the Arms and Ammunition Act.


Interpretation


2. In this Act, unless the context otherwise requires -


"ammunition" means ammunition for any arm as hereinafter defined and includes bullets, cartridges, shells or anything designed or adapted for or capable of use with any arm, or designed or adapted to contain any noxious liquid, gas or other thing but does not include spears discharged from an arm solely for the purpose of killing fish;


"arm" means any lethal barrelled weapon of any description from which any shot, bullet or other missile can be discharged, or which can be adapted for the discharge of any such shot, bullet or other missile, and any weapon of whatsoever description designed or adapted for the discharge of any noxious liquid, gas or other thing dangerous to persons, and includes any component part of any such weapon, and any accessory to any such weapon designed or adapted to diminish the noise or flash caused by firing the weapon, but does not include articles designed or adapted solely to discharge spears for spearing fish;


"imitation arm" means anything which has the appearance of an arm, whether it is capable of discharging any shot, bullet or other missile or not; (Inserted by 40 of 1966, s. 2.)


"licensed arms dealer" means the holder of a valid licence to deal in arms and ammunition and to repair arms and ammunition issued under the provisions of this Act;


"pistol" means an arm or other weapon of any description from which any shot, bullet or other missile can be discharged and of which the length of barrel not including any revolving, detachable or magazine breech does not exceed nine inches;


"prohibited area" means an area in which the Minister has prohibited the possession, use or carrying of arms;


"vessel" includes aircraft.


PART II-LICENCES TO MANUFACTURE ARMS OR AMMUNITION


Prohibition on the manufacture of arms and ammunition


3.-(1) No person shall manufacture any arm or ammunition except at an arsenal established with the approval of the Minister and in accordance with instructions to be issued by the Minister.


(2) In this section, the word "manufacture", in relation to arms, does not include the repair of arms, the conversion into an arm of anything which has the appearance of an arm which is so constructed as to be incapable of discharging any missile through the barrel thereof, or the alteration, substitution or replacement of any component part of an arm.


(3) If any person manufactures any arm or ammunition other than at an arsenal established under the provisions of subsection (1) he shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding ten years or to a fine not exceeding two thousand dollars or to both such imprisonment and fine.


(4) Any person who fails or neglects to comply with any instructions given by the Minister under the provisions of subsection (1) of this section shall be guilty of an offence and shall be liable to a fine not exceeding one hundred dollars or imprisonment for a term not exceeding six months or to both such fine and imprisonment.


PART III - LICENCES TO POSSESS, USE OR CARRY ARMS OR AMMUNITION


Possession of arms and ammunition prohibited except under licence


4.-(1) No person shall possess, use or carry any arm or ammunition except under a licence in respect of each arm and such ammunition so possessed, used or carried and in accordance with the prescribed conditions of such licence.


(2)

(a) Any person who shall possess, use or carry any arm or ammunition without such licence shall be guilty of an offence and shall be liable on conviction in respect of every such arm or the total amount of ammunition so possessed, used or carried -


(i) if the offence was committed in a prohibited area, to imprisonment for a term not exceeding ten years;


(ii) if the offence was committed elsewhere, to imprisonment for a term not exceeding five years.


(b) Any person who shall possess, use or carry any arm or ammunition otherwise than in accordance with the prescribed conditions of such licence shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding two years.


(3) The following persons shall be exempt from the operation of this section to the extent specified:-


(a) the Governor-General;


(b) carriers and their servants having in their possession in the ordinary course of business of such carriers and not for use arms or ammunition for which a licence has been issued and is in force in respect of such arms or ammunition only;


(c) any member of a rifle club or association or a miniature rifle club or association approved by the Minister in respect of any arms used by a member of such club or association solely for the lawful purposes of such club or association;


(d) any member of Her Majesty's Armed Forces and foreign Armed Forces lawfully in Fiji or of the Police Force or Special Constabulary or any person employed in the Prisons Service or Customs and Excise Department in respect of any arm or ammunition possessed, used or carried in the course of his lawful duty;


(e) the crew and passengers of any vessel, other than a vessel solely engaged in carrying goods or passengers within Fiji, in respect of arms or ammunition which are part of the ordinary armament of such vessel, or which are in or upon such vessel and required for the service thereof;


(f) any public officer specifically exempted in writing from the operation of this section by the Minister* in respect of the arms or ammunition specified in the exemption;

*Delegated to Commissioner of Police by Notification 3rd March, 1969.


(g) a licensed arms dealer and his servants in respect of arms or ammunition in their possession in the ordinary course of business of such licensed arms dealer;


(h) any member of a theatrical or circus company whilst an interim licence to import arms or ammunition is in force in respect of arms or ammunition used in his performance.


Persons exempt under paragraph (c) shall be issued with a certificate of exemption in the prescribed form and shall furnish annually in writing to the Commissioner of Police particulars of all arms in their possession in respect whereof no licence is in force, with the name of the maker of such arms and the number, if any, marked thereon for purposes of identification. (Amended by 18 of 1969, s. 2 and 33 of 1970, s. 2.)


Period of exemption in certain cases


5. No person shall be deemed guilty of any contravention of this Act or of any regulations thereunder by reason only of the fact that during the months of January and February in any year he has in his possession or custody any arm or ammunition in respect of which no licence is in force, if such person had such arm or ammunition in his possession or custody on the thirty-first day of December of the previous year under a licence issued in that behalf under this Act.


Licenses: how obtained


6.-(1) A licence for an arm and ammunition under this Act may be obtained by application made in the prescribed form to the Commissioner of Police accompanied by the prescribed fee subject to the issue thereof being expressly approved by him.


(2) No licence for an arm or ammunition therefor shall be issued or renewed except with the express approval of the Commissioner of Police.


(3) No licence shall be issued in the name of any partnership, company or corporation.


(4) On an application -


(a) for a licence for an arm by a person who has not previously held a licence under the provisions of subsection (1); or


(b) to licence an arm which has not previously been licensed in Fiji, no licence shall be issued in respect of such arm unless it has first been produced for inspection by the police officer to whom such application is made.


(5) Every licence shall expire on the thirty-first day of December next following the date of issue or renewal.


(6) Every officer who issues, renews or endorses as effective any licence under this Act shall enter particulars thereof in a register to be kept at every police station where such issue, renewal or endorsement takes place.


(7) The Commissioner of Police may by endorsement thereon require as a condition of any licence that the photograph of the person named in such licence be kept attached thereto, and that the person named therein shall carry on his person such licence whenever carrying the arm in respect of which the same is issued. (Section amended by 40 of 1966, s. 3.)


Marking of arms


7.-(1) Whenever application is made for a licence for any arm not marked with letters or figures or in such other manner as that the same may be readily identified, the officer to whom application is made may, before issuing the licence applied for, cause such arms to be marked with some permanent mark whereby the same may be afterwards known and identified, but in such manner as far as possible not to injure or disfigure the same. Any person who wilfully obliterates, defaces, alters, counterfeits or forges any such mark, or fraudulently marks any arm with any mark resembling or intended to resemble any mark used for marking arms under this section, shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding two years.


(2) Any person who wilfully obliterates, defaces, alters, counterfeits or forges a manufacturer's serial number on any arm shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding two years.


Lost licences


8. If a licence issued under section 4 is destroyed, defaced or lost, the person named therein may, on application to any officer authorised to issue licences and on satisfying him that the application is made in good faith, obtain from him on payment of the prescribed fee a new licence in lieu of that destroyed, defaced or lost.


Arms or ammunition lost or destroyed


9. Whenever any arm or ammunition in respect whereof a licence is in force is lost or destroyed, the person named in the licence and any other person who may have been in possession of such arm or ammunition immediately before the loss or destruction thereof shall, forthwith after becoming aware or such loss or destruction, make a report thereof to the police station nearest to the place where such persons normally reside. (Amended by 40 of 1966, s. 4.)


PART IV-LICENSED ARMS DEALERS


Dealers' licences


10.-(1) Subject to the provisions of this section no person other than a licensed arms dealer or his servants in the ordinary course of business of such licensed arms dealer shall, by way of trade or business -


(a) assemble or disassemble, clean, repair, test or prove any arm or ammunition;


(b) manufacture any component part of any arm or ammunition;


(c) sell, dispose of or expose for sale any arm or ammunition;


(d) keep or have in his possession any arm or ammunition for any of the aforesaid purposes.


(2) Licences to deal in and repair arms or ammunition which shall be in the prescribed form may be issued by the Commissioner of Police on payment of the prescribed fee and every person applying for such a licence shall furnish particulars of every place of business at which he proposes to carry on business as a licensed arms dealer.


(3) Every such licence shall expire on the thirty-first day of December of the year in respect of which it is issued.


(4) Every person so licensed shall at all times keep books containing an accurate record of all arms or ammunition imported or received by him in the course of his business and of all arms or ammunition sold by him and of the marks by which all arms so sold may be identified with the date of sale and the name and address of the purchaser, and shall on demand produce them for the inspection of any police officer at such place and time as the police officer may reasonably require.


(5) No ammunition shall be sold or disposed of by any licensed arms dealer or his servants unless particulars of the ammunition so sold or disposed of are endorsed upon the licence of the purchaser or the person to whom disposal has been made.


(6) Every such person shall also within the first seven days of each calendar month furnish to the Commissioner of Police particulars in the prescribed form of his stock and of all arms and ammunition imported or received by him in the course of his business and of all arms and ammunition sold by him during the past preceding calendar month.


(7) Any person who contravenes the provisions of subsection (1) shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding two years or to a fine not exceeding one hundred dollars or to both such fine and imprisonment. Any person who contravenes or fails to comply with the provisions of subsections (4), (5) or (6) shall be guilty of an offence and shall be liable to a fine not exceeding two hundred dollars.


(8) Any person to whom a licence has been issued as aforesaid shall notify to the Commissioner of Police any additional place of business at which he proposes to carry on business as an arms dealer which is not entered on the licence and shall furnish such particulars as may be prescribed.


(9) The Commissioner of Police, if he is satisfied that any place of business notified to him by any person under either subsections (2) or (8) is a place at which that person cannot be permitted to carry on business as an arms dealer without danger to the public safety or to the peace, or that inadequate precautions exist at such place of business for the security of arms or ammunition, may refuse to grant any application for such place of business.


(10) If any arms dealer has a place of business for which he has not been granted a licence and carries on business as an arms dealer at that place, he shall for each such place of business be guilty of an offence and shall be liable to imprisonment for a term not exceeding five years or to a fine not exceeding one thousand dollars or to both such fine and imprisonment. (Section amended by 40 of 1966, s. 5.)


Obstructing inspection of stock-in-trade


11.-(1) Every licensed arms dealer shall on demand of any police officer submit his stock-in-trade to the inspection of such officer.


(2) Whoever intentionally conceals the stock-in-trade of any such person from a police officer or wilfully refuses to point out where the same is kept shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding six months or a fine not exceeding fifty dollars or to both such fine and imprisonment.


Boards to be affixed at dealers' shops


12.-(1) Every licensed arms dealer shall affix in a conspicuous position outside the door of his shop or place of business a board bearing the words "Licensed to Deal in Arms and Ammunition" distinctly printed in letters not less than two inches high.


(2) Any person who fails to comply with the provisions of subsection (1) shall be guilty of an offence and shall be liable to a fine not exceeding ten dollars.


Storage and safe custody of arms and ammunition


13.-(1) Every licensed arms dealer shall maintain at each of his places of business where arms or ammunition are kept a suitable enclosed store for the safe custody of arms and ammunition in his possession.


(2) Each such store as aforesaid shall be, and be maintained constantly, secure to the satisfaction of the Commissioner of Police and shall have only one means of entry thereto which shall be provided with two locks of which master-keys shall be delivered to, and retained by, the police officer in charge of the police station nearest to such store.


(3) If any person fails to comply with any of the provisions of this section he shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding six months or to a fine not exceeding two hundred dollars or to both such imprisonment and fine.


Provisions as to shortening arms and converting imitation arms into arms


14.-(1) No person shall shorten the barrel of an arm to a length less than twenty-four inches.


(2) No person other than a licensed arms dealer or his servant in the ordinary course of business of such licensed arms dealer shall convert into an arm anything which, though having the appearance of being an arm, is so constructed as to be incapable of discharging any missile through the barrel thereof.


(3) No person shall purchase or have in his possession an arm the barrel of which has been shortened to a length less than 24 inches or which has been converted as set out in subsection (2).


(4) If any person contravenes any of the foregoing provisions of this section he shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding two years or to a fine not exceeding two hundred dollars or to both such imprisonment and fine.

(Section amended by 40 of 1966, s. 6 and 33 of 1970, s. 3.)


PART V - PURCHASE, ACQUISITION, IMPORT AND EXPORT OF ARMS AND AMMUNITION


Purchase or acquisition


15.-(1) The Commissioner of Police may issue on the prescribed form and on payment of the prescribed fee, a licence valid for a period specified by him therein authorising a person to purchase or otherwise acquire an arm or ammunition.


(2) No person shall take delivery of any arm or ammunition, whether by way of purchase or otherwise, unless he holds a licence in respect of such arm or ammunition issued under the provisions of this Act or is exempt in respect of such arm or ammunition under the provisions of section 4.


(3) No person shall deliver any arm or ammunition, by way of sale or otherwise to any other person unless the person acquiring the arm or ammunition by sale or otherwise is the holder of a licence issued under the provisions of this Act or is exempt in respect of such arm or ammunition under the provisions of section 4.


(4) Any person purchasing or otherwise acquiring any arm or ammunition by virtue of a licence issued under the provisions of subsection (1) shall -


(a) endorse such licence with the date of delivery and particulars of the arm or ammunition so purchased or acquired;


(b) within one week but before the expiry of such licence produce the arm so purchased or acquired together with the licence at the police station at which the licence was issued so that -


(i) the arm may be inspected in accordance with the provisions of subsection (4) of section 6;


(ii) a licence may be issued under the provisions of the latter section.


(5) Where the vendor or previous owner of any arm or ammunition which is sold or otherwise disposed of under the authority of a licence issued under the provisions of subsection (1) is a licensed arms dealer, he shall add to the record of sales kept by him under the provisions of that section a record of the number, date and other particulars contained in or endorsed upon such licence.


(6) Any person who contravenes or fails to comply with any of the provisions of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding twenty dollars.

(Section substituted by 40 of 1966, s. 8 and amended by 18 of 1969, s. 3)


Licence to import


16.-(1) No person shall import any arm or ammunition or part of arms and ammunition into Fiji from a place without Fiji unless he holds a licence in that behalf:


Provided that when any arm is imported into Fiji without an import licence or interim licence under this section having been obtained authorising the importation thereof, such importation shall not be deemed to contravene the provisions of this section while such arm on importation is left in the possession of the Department of Customs and Excise.


(2) Such licence may be obtained on application to the Commissioner of Police on payment of the prescribed fee and shall be in the prescribed form:


Provided that the Commissioner of Police may, in his discretion and in such circumstances as he may deem appropriate, waive the payment of such fees.

(Proviso inserted by 18 of 1969, s. 4.)


(3) Every holder of such licence shall endorse thereon descriptive particulars of all arms and ammunition or parts of arms and ammunition imported thereunder, and shall return such licence to the police officer in charge of the Division wherein he resides within three days from the expiration of the term allowed thereby.


(4) Bona fide travellers arriving in Fiji may, on application to a police officer at the place of arrival, obtain an interim licence to import into Fiji their personal arms and ammunition for such arms. Such licence shall be in the prescribed form and shall remain in force in the first instance for a period of fourteen days from the date of issue.


Such interim licence may be issued free to theatrical or circus companies in respect of arms and ammunition to be used in their performances and shall remain in force until the arms and ammunition are re-exported, but such arms and ammunition and the interim licence must be produced to the police officer in charge of each Division in which such companies perform, and the licence shall be endorsed by him.


(5) When a bona fide traveller leaves arms and ammunition in the possession of the Department of Customs and Excise under the provisions of this section, such arms and ammunition shall be transported from the port or airport where they were imported to any other port of first entry or customs airport in Fiji at the request of such traveller, made in writing to the Comptroller of Customs and Excise, and on payment of the prescribed fee.


Arms and ammunition sent by post


17. Arms and ammunition sent through the post from outside Fiji shall not be delivered to the consignee unless or until an import licence for such arms or ammunition is produced at the post office of delivery.


Licence to export


18.-(1) No person shall export any arms or ammunition from Fiji to a place without Fiji unless he holds a licence in that behalf.


(2) Such licence may be obtained on application to the Commissioner of Police on payment of the prescribed fee and shall be in the prescribed form.


Ports and places of import and export


19. The Minister may from time to time by notification in the Gazette declare that arms or ammunition or particular classes of arms or ammunition shall not be imported into or exported from Fiji from or to any place without Fiji except at ports or places specified in such notification, and no arms or ammunition shall be imported into or exported from Fiji contrary to the terms of such notification.


Declaration of arms and ammunition on importation


20. Every person entering Fiji who has in his possession or among his baggage any arm or ammunition and every consignee receiving any arm or ammunition imported into Fiji shall make a declaration thereof to a customs officer on arrival and before clearing such arm or ammunition through the customs shall produce to such customs officer a licence issued under section 16.


Penalty for unlawful importation or exportation


21. Any person who contravenes the provisions of subsection (1) of section 16 or of sections 18 or 19 shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding twelve months or to a fine not exceeding one hundred dollars or to both such imprisonment and fine.


Any person who contravenes the provisions of subsection (3) of section 16 or of section 20 shall be guilty of an offence and shall be liable to a fine not exceeding one hundred dollars.


Arms and ammunition in transit through Fiji


22. Notwithstanding any provisions of this Act, the Commissioner of Police may, at his discretion, grant with or without conditions, refuse, suspend or revoke transit licences covering the importation into, removal within, transportation across, and exportation from Fiji of any arm or ammunition in transit through Fiji to anyplace outside Fiji, and the importation, exportation, removal, transportation and possession of any such arm or ammunition under and in accordance with the permission of any such transit licence shall be lawful and shall not constitute an offence under this Act.


Concealing unlawfully imported arms and ammunition


23. Whoever knowingly conceals any arm or ammunition imported without a licence shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding two years or to a fine not exceeding one hundred dollars or to both such imprisonment and fine.


Minister may prohibit importation or exportation


24.-(1) The Minister may from time to time by notification in the Gazette prohibit for a period to be mentioned in such notification either the importation or the exportation of any arms or ammunition or parts of arms or ammunition or of particular kinds of arms or ammunition or parts of arms or ammunition without a special licence signed by himself which may be subject to such conditions as he may think fit.


(2) Any such prohibition of exportation may either be absolute or may relate to such place or places as shall be specified in the notification, and any person who takes or sends any such article out of Fiji with the intention that it shall ultimately reach a particular place either directly or indirectly, shall, for the purposes of this section, be deemed to export such article to such place.


(3) Any person who imports into or exports from Fiji any arms or ammunition or parts of arms or ammunition in contravention of any notification published under this section or in breach of the conditions subject to which any special licence is issued, shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding twelve months or to a fine not exceeding five hundred dollars or to both such imprisonment and fine.


Penalty in respect of vessel used for illegal importation or exportation


25.-(1) If any vessel is used for the importation or exportation of any arms or ammunition or parts of arms or ammunition in contravention of a notification under the provisions of section 24 or for the receipt or storage of any arm or ammunition or parts of an arm or ammunition imported in contravention of any such notification, the owner or master thereof shall be guilty of an offence and shall be liable to a fine not exceeding two thousand dollars unless it is proved to the satisfaction of the court that the owner or master was not implicated in the placing of such arm or ammunition or parts of an arm 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 as the court orders not exceeding two thousand dollars.


(2) The finding of any arm or ammunition or part of any arm or ammunition which are subject to a prohibition under the provisions of section 24 on board any vessel shall be a prima facie evidence that the vessel has been used for the importation or exportation of arms or ammunition or parts of arms or ammunition contrary to the provisions of this Act or for the receipt or storage of arms or ammunition or parts of arms or ammunition imported contrary thereto.


(3) For the purposes of this section the expression "master" shall include every person except a marine pilot having command or charge of the vessel.


Prohibition of arms in certain areas


26.-(1) Notwithstanding any of the other provisions of this Act, the Minister, if he deems it expedient on account of the prevalence of crimes involving the use of arms in any area in Fiji, may by order -


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


(b) order that all arms and ammunition within such area shall be delivered up on demand to any police officer before a specified date.


(2) Any person who without reasonable cause, proof whereof shall lie upon him, refuses or neglects to comply with the provisions of such order shall be guilty of an offence and shall be liable to a fine not exceeding one hundred dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.


(3) Arms and ammunition delivered up or seized in consequence of a order under this section may be detained as long as such order is in force and for such reasonable period thereafter as may be necessary to enable the owners to collect or relicense them.


PART VI - MISCELLANEOUS


Certain weapons prohibited without authority of Minister


27.-(1) No person without the authority of the Minister shall sell, purchase or have in his possession any arm 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.


(2) If any person contravenes the provisions of subsection (1) he shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding two years.


(3) Any authority given to any person under this section shall be given in writing and shall be subject to such conditions as may be specified therein, and if that person fails to comply with any such condition he shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding three months or to a fine not exceeding forty dollars or to both such imprisonment and fine.


(4) The conditions specified in an authority as aforesaid shall include such conditions as the Minister having regard to the circumstances of each particular case thinks fit to impose for the purpose of securing that the arm to which the authority relates will not endanger the public safety or the peace.


(5) The Minister may at any time if he thinks fit revoke any authority given by him to any person as aforesaid by notice in writing requiring that person to deliver up the authority to such person as may be specified in the notice within twenty-one days from the date of the notice, and if that person fails to comply with that requirement he shall be guilty of an offence and shall be liable to a fine not exceeding forty dollars.


(6) The Commissioner of Police shall not refuse to grant or renew, and shall not revoke, a licence in respect of an arm if the applicant is for the time being authorised by the Minister to have possession of that arm.


Licence may be refused


28.-(1) Subject to the provisions of section 27, the Commissioner of Police 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 recorded by him, or when the licensee has been convicted of an offence under this Act, or on breach of a condition of a licence, or on other prescribed grounds, cancel or suspend the licence.


(2) No licence shall be issued or renewed to any person under the age of twenty-one years.


Penalty for taking in pawns arms or ammunition or selling arms or ammunition by auction.


29.-(1) No person shall take any arm or ammunition in pawn from any other person or sell any arm or ammunition by auction.


(2) If any person contravenes the provisions of this section, he shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding six months or to a fine not exceeding one hundred dollars or to both such imprisonment and fine.


Search for arms or ammunition under warrant by court


30.-(1) Whenever a magistrate has reason to believe that any person residing within the limits of his jurisdiction -


(a) has in his possession any arm or ammunition without a licence or in contravention of the conditions upon which any licence is issued or for any unlawful purpose; or


(b) has in his possession any arm or ammunition whereof he cannot be left in possession without danger to the public peace,


such magistrate may by warrant directed to any police officer authorise such police officer by day or by night -


(i) to enter and search the house or premises occupied by such person or any house or premises wherein the magistrate has reason to believe that such arm or ammunition is to be found; and


(ii) to seize and take before a court such arm or ammunition; and


(iii) to arrest any person found in such house or on such premises whom such police officer has reason to suspect to have committed any offence punishable under this Act.


(2) In the execution of such warrant any person to whom such warrant is directed may employ such assistants as may be necessary.


(3) Whoever, upon a search being made under this section, having in his possession or custody any arm or ammunition or knowing where any arm or ammunition is concealed, refuses to produce or point out the same to the person making the search, or intentionally conceals the same, shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding two years or to a fine not exceeding one hundred dollars or to both such imprisonment and fine.


Detention of arms or ammunition by the police


31. Any arm or ammunition produced to a police officer in accordance with the provisions of subsection (4) of section 6 or subsection (1) of section 11 or under any condition in a licence may, in any case in which the Commissioner of Police for reasons of public safety or for other good cause to be duly recorded by him so directs, be detained by the police for any period not exceeding one month:


Provided that -


(a) no arm or ammunition shall be detained under this section contrary to the orders of the Minister; and


(b) the period of one month may be extended to a period not exceeding three months by order of the Minister.


Entry on place where there are arms or ammunition


32. 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 arm or ammunition on such land or premises has a licence in that behalf.


Where licensee under disability


33. If a person licensed to deal in arms or ammunition or to import arms or ammunition dies or becomes insolvent or bankrupt or mentally disordered or otherwise under disability, the person carrying on the business of such licensee shall not be liable to any penalty or forfeiture for acting under the licence during such reasonable time as may be necessary to allow him to make application for a new licence, and such person shall be deemed to be the holder of the said licence for all purposes under this Act and to be liable in the same way as if he were the original holder thereof until a new licence is granted or refused.


Deposit of arms and ammunition at police station


34.-(1) Any person whose possession of any arm or ammunition shall have become unlawful in consequence of the expiry, suspension or cancellation of a licence shall forthwith deposit such arms and ammunition at a police station.


(2) Where the possession of any arm or ammunition has become unlawful in consequence of the expiry, cancellation or suspension of a licence, and where no licence to possess such arm or ammunition is produced within six months of the expiry or cancellation or within six months from the date of suspension of the former licence, as the case may be, such arm or ammunition may be sold, otherwise disposed of or destroyed; and, in the event of such arm or ammunition being sold, the owner thereof shall be entitled to receive the proceeds of such sale less any expenses incurred. (Inserted by 40 of 1966, s. 9.)


(3) Every person licensed to possess an arm and ammunition under the provisions of this Act shall, upon leaving Fiji, unless he exports such arm or ammunition on so leaving or unless there is some person remaining in Fiji who is licensed to possess such arm or ammunition, deposit them for safe keeping at a police station. (Inserted by 40 of 1966, s. 9.)


(4) It shall be a defence for any person charged with unlawfully possessing, using or carrying an arm or ammunition to prove that he carried or possessed such arm or ammunition with the intention of depositing it or producing it for inspection at a police station, and that he acted reasonably and without unreasonable delay in all the circumstances of the case, and that either -


(a) a licence to possess, use or carry such arm or ammunition or to import such arm or ammunition was in force within seven days before the date of the alleged offence; or,


(b) that, if such a licence was not in force, it was not through his default.


Disposal of detained arms and ammunition


35. Arms and ammunition detained by the police under the provisions of sections 26 and 31 shall, at the expiry of the period of detention, unless previously brought before any court, be returned to the persons lawfully authorised to receive the same. If there is no such person, such arms and ammunition shall be disposed of in the prescribed manner.


Ownership


36. The occupier of any house or premises in which any arm or ammunition is found shall be deemed until the contrary is proved to be the possessor of such arm or ammunition for the purposes of this Act.


Rewards to informers


37. Any court before whom a conviction may be had under this Act may direct that any sum not exceeding one-half of any fine recovered upon such conviction shall be paid to any person upon whose information or evidence such conviction was obtained.


Forfeitures


38. All arms and ammunition with regard to which there shall have been any offence against the provisions of this Act or any regulations made thereunder, or any breach of any condition subject to which any licence shall have been granted, may be seized by any police officer or officer of Customs and, together with the receptacles containing the same, shall be liable to forfeiture by order of the court.


Security of arms and ammunition


39.-(1) Every person having in his possession any arm or ammunition shall keep the same at all times securely and in safe custody and in a serviceable and safe condition, and shall take all reasonable precautions to ensure that such arm or ammunition is not lost or stolen and is not at any time available to any person not lawfully entitled to possess the same.


(2) If any person fails to comply with any of the provisions of this section he shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding six months or to a fine not exceeding two hundred dollars or to both such imprisonment and fine.


General penalty


40. Any person who is guilty of any offence against the provisions of this Act or any regulations made thereunder for which no penalty is otherwise expressly provided shall be liable to a fine not exceeding fifty dollars.


Liability of principal and agent


41.-(1) Any person licensed under this Act who would be liable under the provisions of this Act or any regulations made thereunder to any punishment, penalty or forfeiture for any act, omission, neglect or default, shall be liable to the same punishment, penalty or forfeiture for every such act, omission, neglect or default of any agent or servant employed by him in the course of his business as such licensed person if such act, omission, neglect or default be committed by such agent or servant in the course of his employment by such licensed person.


(2) Any agent or servant employed by a person licensed under this Act in the course of his business as such licensed person shall also be liable to every punishment, penalty or forfeiture prescribed by this Act or by any regulations made thereunder for such acts, omissions, neglects or defaults as fully and effectually as if such agent or servant had been the person licensed.


Search of vessels


42.-(1) If -


(a) any vessel in any port is suspected of having on board any article the importation or exportation of which into or from Fiji is absolutely prohibited by a notification under section 24 and which is not exempted by this Act or by any special licence thereunder; or


(b) any vessel about to leave any port bound for any particular place is suspected of having on board any article the exportation of which from Fiji to such place is so prohibited and which is not exempted as aforesaid,


the Collector of Customs of the port or a magistrate may issue a search warrant directed to any customs officer or police officer.


(2) In the execution of such warrant any person to whom such warrant is directed may -


(a) board any vessel in such warrant named or described either with or without assistants; and


(b) forcibly enter every part of such vessel; and


(c) arrest any person reasonably suspected of being guilty of an offence against this Act.


(3) If upon any search made under this section -


(a) any article the importation or exportation of which is absolutely prohibited by any notification under section 24 and which is not exempted by this Act or by any special licence thereunder is found on board any vessel in any port; or


(b) any article the exportation of which to any particular place is so prohibited and which is not exempted as aforesaid is found on board any vessel about to leave any port for such place,


it shall be presumed unless and until the contrary be proved that there was an attempt to import or export such article as the case may be contrary to the provisions of this Act, and such vessel may be detained for the purpose of removing any such article therefrom and the same may be removed therefrom.


Carrying arms or ammunition with intent to commit offence, etc.


43.-(1) Any person who has with him an arm or imitation arm while committing or attempting to commit a felony, or with intent to commit a felony or to resist arrest or to prevent the arrest of another, shall be guilty of an offence and on conviction shall be liable to imprisonment for a term not exceeding ten years.


(2) In proceedings for an offence under the provisions of this section, proof that the accused was carrying an arm or imitation arm and intended to commit a felony or to resist or prevent arrest shall be evidence that he intended to carry the arm or imitation arm while doing so. (Inserted by 40 of 1966, s.10.)


Persons conveying arms or ammuniton may be apprehended without warrant


44.-(1) If any person is found carrying or conveying any arm or ammunition in such a manner or under such circumstances as to afford reasonable grounds for suspicion that the same may be used for any unlawful purpose dangerous to the public peace, any person may without warrant apprehend such person so found and detain him in custody.


(2) If any person be apprehended by a person not being a police officer, he shall be forthwith taken to a police station or be handed over to a police officer.


Persons arrested to be taken to police station


45. Every person arrested by virtue of any power given by this Act shall, together with any article as to which any offence may have been committed or attempted to be committed, be taken to a police station and conveyed as soon as conveniently may be before a magistrate to be dealt with according to law.


Carrying arms in a public place


46.-(1) Any person who, without lawful authority or reasonable excuse, the proof whereof shall lie upon him, has with him in a public place any loaded shot gun or loaded air weapon or any other arm (whether loaded or not) together with ammunition suitable for use in that arm shall be liable on conviction to imprisonment for a term not exceeding five years.


(2) For the purposes of this section, a shot gun or an air weapon shall be deemed to be loaded if there is ammunition in the chamber or barrel or in any magazine or other device which is in such a position that the ammunition can be fed into the chamber or barrel by the manual or automatic operation of some part of the gun or weapon. (Inserted by 40 of 1966, s. 12.)


Trespassing with arms in building


47. Any person who, while he has an arm or imitation arm with him, enters or is in any building or any verandah or passage attached thereto, or any yard, garden or other land adjacent to or within the curtilage of such building as a trespasser and without lawful excuse, the proof whereof shall be on him, shall be liable on conviction to imprisonment for a term not exceeding five years. (Inserted by 40 of 1966, s. 12.)


Power to stop and search for arms and ammunition in the street


48. It shall be lawful for any police officer to stop and to search for arms or ammunition any person whom he may find in any street or other public place at any hour of the day or night who acts in a suspicious manner or whom he may suspect of having any arms or ammunition in his possession.


Presumption


49. Every person who is proved to have had in his possession or under his control anything whatsoever containing any arm or ammunition shall, until the contrary is proved, be deemed to have been in possession of such arm or ammunition.


Regulations


50. The Minister may from time to time make regulations for any of the following purposes, that is to say:-


(a) to prescribe the form of all licences and other documents required under this Act;


(b) to provide for the marking of arms for the possession of which a licence is issued;


(c) to regulate the manner in which applications for licences shall be made;


(d) to regulate the conditions subject to which licences shall be granted, and the issue of licences generally, and the grounds on which they may be suspended or cancelled;


(e) to provide for the furnishing of information in respect of arms and ammunition by persons in possession thereof;


(f) to prescribe the fees to be paid for anything done, or any licence or document issued or granted under this Act and to direct by whom and in what manner such fees are to be collected and accounted for;


(g) to regulate the disposition, destruction or sale of articles forfeited, detained or deposited under the provisions of this Act;


(h) generally to give effect to the provisions of this Act,


and may restrict the operation of any such regulations to particular areas.


Power to exempt


51. The Minister may from time to time by notification in the Gazette exempt any arms or ammunition or classes of arms or ammunition within Fiji or within any part of Fiji from the operation of all or any of the provisions of this Act.


Provisions of this Act to be additional to other law


52. The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force in Fiji relating to the manufacture, sale, transfer, purchase, acquisition, possession, use, storage, carriage, transportation, importation or exportation of firearms, ammunition or explosives.


Controlled by Ministry of Home Affairs


______________________________


Subsidiary Legislation


CHAPTER 188


ARMS AND AMMUNITION


SECTION 24-PROHIBITED ARMS


Legal Notice No. 28 of 1976


The importation of the arm described as the Taser Public Defender is prohibited.


____________


SECTION 50-ARMS AND AMMUNITION REGULATIONS


TABLE OF PROVISIONS


REGULATION


1. Short title
2. Conditions of a licence to possess, use or carry arms and ammunition
3. Conditions of licence to possess, use or carry an arm or ammunition in the case of a rifle or shot gun
4. Conditions of a licence to deal in and repair arms and ammunition
5. Disposal of deposited, detained or forfeited arms
6. Consequences of licence becoming invalid
7. Fees
8. Forms


First Schedule – Fees
Second Schedule – Forms


Regulations 17 November 1961, 3 December 1966,
Legal Notices Nos. 39 of 1970, 20 of 1976, 27 of 1978, 134 of 1979


Short title


1. These Regulations may be cited as the Arms and Ammunition Regulations.


Conditions of a licence to possess, use or carry arms and ammunition


2. Every licence to possess, use or carry an arm and ammunition shall be subject to the following conditions:-


(a) that the holder thereof shall not part with possession of such arm and ammunition except to a person lawfully entitled to possess the same;


(b) that the holder thereof shall not have in his possession any ammunition in excess of the quantity specified in his licence;


(c) that the holder thereof shall observe the provisions of the Act and of any regulations made thereunder;


(d) that the holder thereof shall obey all lawful orders of any police officer relating to such arm and ammunition and shall produce such arm and ammunition to any police officer on demand;


(e) that such arm and ammunition shall not be used for any unlawful purpose;


(f) that, when the holder changes his address for a period expected to be of a duration of not less than 3 months, he shall, in writing by registered post and not more than 7 days after such change has taken place, inform the Commissioner of Police of his new address;


(g) that, when the holder has changed his address for a period of more than 3 months and has not already informed the Commissioner of Police of his new address under the provisions of paragraph (f), he shall, in writing by registered post and not more than 7 days after the expiration of such period of 3 months, inform the Commissioner of Police of his new address.

(Amended by Regulations 3 December 1966.)


Conditions of licence to possess, use or carry an arm or ammunition in the case of a rifle or shot gun.


3. Where the arm specified in a licence to possess, use and carry an arm and ammunition is a rifle or a shot gun, it shall be a condition of such licence that such rifle or shot gun shall be carried unloaded and -


(a) in the case of a rifle, with, if possible, the magazine and bolt removed, or otherwise with the magazine or bolt removed; or


(b) in the case of a shot gun, either broken or in parts:


Provided that -


(i) the provisions of this regulation shall not apply when such rifle or shot gun is being carried with the intention of discharging the same;


(ii) the provisions of paragraph (a) or paragraph (b) shall not apply if compliance with such paragraph is impossible.


Conditions of a licence to deal in and repair arms and ammunition


4. It shall be a condition of a licence to deal in and repair arms and ammunition-


(a) that the holder of such licence, or his servants employed in the ordinary course of business of such holder as a licensed arms and ammunition dealer, shall observe the provisions of the Act and of any regulations made thereunder;


(b) that the holder of such licence or his servants employed as aforesaid shall not part with possession of any arm or ammunition except to a person lawfully entitled to possess the same;


(c) that the holder of such licence or his servants employed as aforesaid shall obey all lawful orders of any police officer relating to any arm or ammunition in their possession;


(d) that the holder thereof shall not have in his possession any ammunition in excess of the quantity specified in his licence;


(e) that any arm and ammunition in the possession of the holder of such licence shall not be used for any unlawful purpose;


(f) that the holder of such licence shall ensure that proper records required under the Act are maintained by him in the prescribed form.


Disposal of deposited, detained or forfeited arms


5.-(1) Any arm or ammunition deposited for safe keeping at any police station in accordance with the provisions of subsection (3) of section 34 of the Act, if not taken possession of by the lawful owner thereof within 12 months from the date of such deposit, shall be disposed of by the Commissioner of Police unless the Commissioner of Police has reason to believe that the lawful owner intends to take possession of such arm or ammunition.


(2) Any arm or ammunition detained under sections 26 and 31 of the Act, which has to be disposed of, shall be disposed of as the Commissioner of Police deems fit.


(3) In either of the cases referred to in paragraphs (1) and (2) when the arm or ammunition is sold, the proceeds of such sale less expenses shall be paid to the owner of the arm or ammunition:


Provided that, if the whereabouts of the owner cannot be ascertained, the proceeds of such sale shall be paid into the Consolidated Fund.


(4) The Commissioner of Police, at least 1 month prior to such disposal, shall advertise in at least 1 edition of any newspaper circulated in Fiji his intention of disposing of such arm or ammunition, naming the owner thereof.


(5) Any arm or ammunition forfeited under the provisions of the Act may be disposed of as directed by the Commissioner of Police.


(6) Where, under this regulation, arms and ammunition are directed to be disposed of, they shall, if a suitable purchaser is available, be sold.


Consequences of licence becoming invalid


6. In the event of any licence to possess, use or carry an arm and ammunition becoming invalid by reason of the death of the person so licensed or by the cancellation or suspension thereof, or for any other reason, any other licence to possess, use or carry such arm and ammunition may be cancelled or suspended by the Commissioner of Police, in his discretion. (Inserted by Legal Notice 39 of 1970.)


Fees


7. The fees set out in the First Schedule shall be paid in respect of the matters therein set out.


Forms


8. The forms set out in the Second Schedule are hereby prescribed for the purposes of the Act.


FIRST SCHEDULE


(Regulation 6)
(Substituted by Legal Notice 134 of 1979.)


FEES



$
c
On every application for the issue or renewal of a licence to possess, use and carry arms and ammunition.
15.
00
On first issue of a licence to possess, use and carry arms and ammunition (other than an air gun or air pistol and ammunition therefor).

37.
50
Provided that on the first issue of any such licence between 31 July and 31 December in any year the licence fee shall be

15.
00
On first issue of a licence to possess, use and carry an air gun or air pistol and ammunition therefor.

7.
50
On renewal of licence to possess, use and carry any arms and ammunition (including the application fee).

7.
50
Provided that, if the application for renewal is unsuccessful, the amount of the application fee shall be repaid to the applicant.


On the issue of a licence to purchase or acquire arms and ammunition
7.
50
On the issue of a licence to import arms and ammunition
7.
50
On the issue of a licence to export arms and ammunition
7.
50
On the issue of a licence to deal in and repair arms and ammunition.
225.
00
Provided that, on the first issue of any such licence between 31 July and 31 December in any year, the licence fee shall be.
112.
50
On the issue of any licence in replacement of any licence destroyed defaced or lost.

7.
50
For transportation of any arms within Fiji under the provisions of subsections (5) of section 16 of the Act.
The actual cost of transportation

SECOND SCHEDULE


(Amended by Regulations 3 December 1966; Legal Notice 39 of 1970.)


FORM 1


ARMS AND AMMUNITION ACT
(Section 6 (1))


APPLICATION FOR NEW/RENEWAL LICENCE TO PURCHASE, ACQUIRE,
POSSESS, USE OR CARRY ARMS AND AMMUNITION


1. Name in full..................................................................................

(If Indian, give fathers name)


2. (a) Residential address ...................................................................
(b) How long resident at (a)................................................................
(c) Postal address ...............................................................................


3. Age..................... years. 4. Nationality............................................


5. Occupation .....................................................................................


6. Reason for requiring arm(s)/ammunition.........................................
.............................................................................................................
.............................................................................................................


7. Details of arm(s)/ammunition possessed at date of application-


Arms
Ammunition
Calibre
Type
Serial No.
Calibre
Amount
















8. Details of present arm(s)/ammunition licence (or previous licence if not currently licensed) –

Police Station at which licence issued .......................................

Serial No. of licence....................................................................

Date of issue...............................................................................


9. Details of arm(s)/ammunition required


Arms
Ammunition
Calibre Type
Serial No. (if known)
Calibre
Maximum Rounds
To be purchased/acquired
Maximum rounds to be carried at any one time
At any one time
During currency of licence

























DECLARATION


10. I hereby apply for (1) renewal of licence, (2) new licence in respect of the arm(s)/ammunition detailed above, and I declare that the statements made by me above are complete and true in all respects.


Date............................... Signed ..........................................................


FOR POLICE USE


This application was lodged at.......... Police Station on............................. (date) and Revenue Receipt No. ..............„„...„„„„...„ for $15 was issued.


Station Officer ............................ P.S.

_________________________________________________________________________


NOTES


(1) A fee of $15 must accompany this application.
(2) Para. 7

Para. 8
Both must be completed for renewal of licence; but if application is for new arm(s)/ammunition, and applicant does not possess any arm or ammunition, the word "NIL" must be written at para. 7.

(3) A separate application must be made for any arm(s)/ammunition ADDITIONAL to those for which an applicant is already licensed.
(4) The $15 fee is not returnable in respect of NEW applications which are refused; the fee will be returned, however, where RENEWAL of a licence is refused.

FORM 2


ARMS AND AMMUNITION ACT


(Section 4 (1))


LICENCE TO POSSESS, USE OR CARRY ARMS AND AMMUNITION


This licence authorises A. B., of................... to possess, use and carry the arms and ammunition specified hereunder until 31 December next following the day on which this licence is issued and is subject to the conditions hereinafter set out. Any breach of the conditions may result in this licence being cancelled or suspended or in the holder being prosecuted.


Maker
Calibre and Type
Identification No.
Maximum Number of Rounds
To be purchased/acquired
To be held at any one time
At any one time
During currency of this licence













Conditions-


(a) that the holder thereof shall not part with possession of such arm and ammunition except to a person lawfully entitled to possess the same;


(b) that the holder thereof shall not have in his possession any ammunition in excess of the quantity specified in his licence;


(c) that the holder thereof shall observe the provisions of the Act and of any regulations made thereunder;


(d) that the holder thereof shall obey all lawful orders of any police officer relating to such arm and ammunition and shall produce such arm and ammunition to any police officer on demand;


(e) that such arm and ammunition shall not be used for any unlawful purpose;


(f) if the arm or arms specified above include a rifle or shot gun, such rifle or shot gun shall be carried unloaded and-


(i) in the case of a rifle, with, if possible, the magazine and bolt removed, or otherwise with the magazine or bolt removed, or


(ii) in the case of a shot gun, either broken or in parts:


Provided that-


(aa) this condition shall not apply when such rifle or shotgun is being carried with the intention of discharging the same; and


(bb) the provisions of paragraph (i) or paragraph (ii) shall not apply if compliance with this condition is impossible;


(g) that when the holder changes his address for a period expected to be of a duration of not less than 3 months, he shall, in writing by registered post and not more than 7 days after such change has taken place, inform the Commissioner of Police of his new address; and


(h) that when the holder has changed his address for a period of more than 3 months and has not already informed the Commissioner of Police of his new address under the provisions of paragraph (g), he shall, in writing by registered post and not more than 7 days after the expiration of such period of 3 months, inform the Commissioner of Police of his new address.


FOR USE BY A LICENSED ARMS DEALER ONLY
AMMUNITION PURCHASED BY THE HOLDER OF THIS LICENCE


Calibre
No. of Rounds
Date purchased
Name and address of dealer

















Issued this ............... day of .................................., 19........., at.............., and
Revenue Receipt No.............. dated ....................was issued.


................................................
Commissioner of Police


NOTICE


Notwithstanding the fact that this licence is in force in relation to the above arms and ammunition it is an offence to carry arms and ammunition in a prohibited area unless exemption has been given. Full details of any prohibited area may be obtained at any police station and all licence holders are advised to discover the boundaries of such areas.


________________________


FORM 3


ARMS AND AMMUNITION ACT


(Section 10 (2))


ARMS AND AMMUNITION DEALER'S LICENCE


This licence authorises A. B., of ................... or his servants in the ordinary course of his business as a licensed arms and ammunition dealer-


(a) to assemble or disassemble, clean, repair, test or approve an arm or ammunition;


(b) to manufacture any component part of an arm or ammunition;


(c) to sell, transfer or expose for sale any arm or ammunition;


(d) to keep or have in their possession any arm or ammunition for any of the aforesaid purposes,


at the following place(s):-


This licence is subject to the following conditions:-


(a) that the holder of such licence or his servants employed in the ordinary course of business of such holder as a licensed arms and ammunition dealer, shall observe the provisions of the Act and of any regulations made thereunder;


(b) that the holder of such licence or his servants employed as aforesaid shall not part with possession of any arm or ammunition except to a person lawfully entitled to possess the same;


(c) that the holder of such licence or his servants employed as aforesaid shall obey all lawful orders of any police officer relating to any arm or ammunition in their possession;


(d) that the holder thereof shall not have in his possession any ammunition in excess of the quantity specified in his licence;


(e) that any arm and ammunition in the possession of the holder of such licence shall not be used for any unlawful purpose;


(f) that the holder of such licence shall ensure the proper records required under the Act are maintained by him in the prescribed form.


Issued this.......... day of ........................, 19............., at.........................


..............................
(Rank)

Fee Paid $225


____________________________


FORM 4


ARMS AND AMMUNITION ACT


(Section 10 (4))


DEALER'S REGISTER OF TRANSACTIONS


PART I.–FIREARMS


(A separate folio to be used for each type of firearm, i.e. pistols/revolvers/shotguns/rifles/combination firearms/others)


Type.............................................................


ACQUISITION
DISPOSAL
1
2
3
4
5
6
7
8
9
10
Entry No.
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 (if any)
Arms licence No., date and police station of issue to person from whom acquired
Date
Name and address of person to whom issued
Arms licence No., date and police station of issue, or other authority produced by person to whom issued
Remarks and additional information











PART II.–AMMUNITION


(A separate folio to be used for each calibre of ammunition)


Calibre.............................................


Date
From whom acquired or to whom issued (full name and address)
Quantity
No. and date of import/export licence (if any)
Arms licence No., date and police station of issue
Balance in stock







PART III.–COMPONENT PARTS


(i.e. bolts, chambers or magazines –a separate folio to be used for each)


Nature of Part......................................


Date
From whom acquired or to whom issued (full name and address)
Description (make, calibre, identity marking, etc)
Quantity
No. and date of import/export licence (if any)
Arms licence No., and police station of issue
Balance in stock








PART IV.–REPAIRS, ALTERATIONS, STORAGE, TESTING, ETC


1
2
3
4
5
6
7
8
9
Date
Full name and address of depositor
Reason for depositing
Make, type, calibre and identity markings of firearm or component part deposited
Quantity and calibre of ammunition deposited
Date removed
By whom removed (full name and address)
Arms and licence No., date and police station of issue or other authority produced by person removing
Remarks










PART V.–TABULAR RECORD


Date
Details of transaction
Part I entry No.
PISTOLS
REVOLVERS
SHOT GUNS
Combination firearms
Other firearms
.25"
6.35mm
.32"
7.65mm
9mm
Others
.32"
.38"
.45"
Others
12 bore
16 bore
Others
Rifles
No. Bal
No. Bal
No. Bal
No. Bal
No. Bal
No. Bal
No. Bal
No. Bal
No. Bal
No. Bal
No. Bal
No. Bal
No. Bal
No. Bal


















FORM 5


ARMS AND AMMUNITION ACT
(Section 15 (1))


LICENCE TO PURCHASE OR ACQUIRE ARMS AND AMMUNITION


This licence authorises..................................., of .................................., to purchase or acquire the arms and ammunition specified hereunder within (here specify a period) from the date hereof, subject to the conditions hereinafter set out. Any breach of the conditions may result in the licence being cancelled or suspended or in the holder being prosecuted.


ARMS TO BE PURCHASED OR ACQUIRED


Maker
Calibre and Type
Identification No.










AMMUNITION TO BE PURCHASED OR ACQUIRED


Calibre
Maximum quantity to be purchased during the currency of this licence











CONDITIONS -


(a) that the holder shall within 7 days of purchasing or acquiring the above arms take them to the Police Station from which this licence was obtained, in order that the arms may be inspected as provided in section 6 (4) of the Act;


(b) that the holder shall not use the above arms or ammunition, nor carry them except for the purpose described in (a);


(c) that the holder shall not part with possession of the above arms or ammunition except to a person lawfully entitled to possess the same;


(d) that the holder thereof shall obey all lawful orders of any police officer relating to such arms and ammunition and shall produce such arms and ammunition to any police officer on demand;


(e) that such arms and ammunition shall not be used for any unlawful purpose.


Issued this ........... day of ............................., 19............., at ............................. and Revenue Receipt No. ....................... for $7.50 dated ..................... was issued.


.............................................
Commissioner of .Police .


To be completed by the holder of the licence and signed by him and the dealer from whom the arms and ammunition are supplied.


The following arms and ammunition have been supplied to the holder of this licence:-


ARMS -

Maker
Calibre and Type
Identification No.
Date
supplied
Signature of purchaser
Name and signature of dealer

























AMMUNITION -

Calibre
Quantity supplied
Date supplied
Signature of purchaser
Name and signature of dealer





















FORM 6


ARMS AND AMMUNITION ACT


(Section 16 (2))


LICENCE TO IMPORT ARMS AND AMMUNITION


A. B., of................................................................................................... is hereby licensed to import the arms and ammunition specified hereunder, within (here specify the period) from the date hereof.
[Here specify the number and description of the arms and rounds of ammunition it is intended to import.]


Issued this ........... day of .............................., 19.........., at ..................
Fee Paid $7.50.


Commissioner of Police


_________________________


FORM 7


ARMS AND AMMUNITION ACT


(Section 16 (4))


INTERIM LICENCE TO IMPORT ARMS AND AMMUNITION


A. B., of................................................................................................... is hereby licensed to import the arms and ammunition specified hereunder.
[Here specify the number and description of the arms and rounds of ammunition it is intended to import.]


This licence shall remain in force in the first instance of a period of 14 days from the date of issue. If this licence is held by a theatrical or circus company it remains in force until the arms and ammunition are re-exported but the arms and ammunition and this licence must be produced to the police officer in charge of each Division in which such company performs for endorsement by this officer.


Issued this .............. day of ............................, 19............, at ..................


Commissioner of Police


_________________________________


FORM 8


ARMS AND AMMUNITION ACT


(Section 18 (2))


LICENCE TO EXPORT ARMS AND AMMUNITION


A. B., of ..................................................................................................... is hereby licensed to export from Fiji to ............................, the arms and ammunition specified hereunder, within [here specify the period] from the date hereof.
[Here specify the number and description of the arms and rounds of ammunition it is intended to export.]


Issued this ................ day of ............................., 19.............., at .................


Commissioner of Police


_____________________________


FORM 9

ARMS AND AMMUNITION ACT


(Section 4 (3) (c))


CERTIFICATE OF EXEMPTION OF RIFLE CLUB, ETC.


In exercise of the powers conferred upon me by paragraph (c) of subsection (3) of section 4 of the Arms and Ammunition Act, I have exempted -
.................................................................................................................................................................... from the necessity for holding a licence in respect of any arms used by a member of such Club/Association solely for the purposes of such Club/Association.


Dated at Suva this ............. day of ............................., 19..............


Minister for Home Affairs


SECTION 51-EXEMPTED ARMS AND AMMUNITION


Legal Notices Nos. 31 of 1969, 4 of 1976


The following arms and ammunition have been exempted from the provisions of the Act as hereinafter specified:-


1. –


(a) any antique or obsolete arm imported or exported, carried and kept with the permission in writing of the Commissioner of Police and in accordance with such conditions as he may specify therein, as a curiosity or ornament:


Provided that such arm on account of the lack of ammunition or otherwise shall be incapable of being discharged;


(b) ammunition from which all explosive has been removed, imported or exported, carried, kept or used solely as ornaments or decorations;


(c) arrows which, when discharged, are dangerous to persons, imported or exported, carried, kept or used solely for sport or recreation; and


(d) for the purpose of avoiding doubt, all bows, imported or exported, carried, kept or used solely for sport or recreation,


shall be exempt from all the provisions of the Act.


2. –


(a) humane killers, captive bolt pistols or any arm specially designed for the humane killing or stunning of animals and blank cartridges therefor, imported or exported, carried, kept or used solely for the killing or stunning of animals;


(b) verey pistols and line throwing projectors and ammunition therefor, being part of the equipment of any ship or aircraft and retained thereon;


(c) verey pistols and line throwing projectors and ammunition therefor, imported or exported, carried, kept or used solely for warning or life-saving purposes in connection with ships or aircraft;


(d) blank cartridges, imported or exported, carried, kept or used solely for starting track or sporting events or for purposes connected therewith;


shall be exempt from all the provisions of the Act other than those of section 39.


3. –


(a) arms and ammunition carried by members of Her Majesty's Armed Forces or of foreign Armed Forces lawfully in Fiji in their capacity as such;


(b) arms and ammunition which are part of the ordinary armament of a vessel;


(c) arms and ammunition belonging to any member of the crew of a foreign-going vessel:


Provided that -


(i) such arms and ammunition are retained in safe custody on board such vessel under customs seal; or


(ii) where, in the opinion of an officer of customs, no proper facilities for safe custody exist, such arms and ammunition are handed to a police officer for safe keeping;


(d) arms and ammunition the property of Her Majesty, consigned to or by a unit or member of Her Majesty's Forces;


(e) arms and ammunition the property of Her Majesty, consigned to or by the Fiji Police Force or a member thereof;


(f) arms and ammunition the property of Her Majesty, consigned to or by the Fiji Prisons Service or a member thereof,


shall be exempt from the provisions of sections 16 and 18 of the Act.


Controlled by Ministry of Home Affairs



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