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Firearms Regulations

Commencement: 27 June 1988

FIREARMS REGULATIONS

Order 27 of 1988

ARRANGEMENT OF REGULATIONS

1. Interpretation
2. Form of application for firearm licence
3. Form and conditions of firearm licence
4. Form of application for a firearm dealer's licence
5. Form of firearm dealer's licence

6. Particulars to be entered in the register of the licensed firearms dealer

7. Requirements for a firearms dealer's licence
8. Form of application for a firearms import licence

9. Form of firearms import licence
10. Register of firearm importers
11. Lost licences
12. Disposal of deposited, detained and forfeited firearm or ammunition
13. Voluntary deposit of firearms and ammunition in police armouries
14. Fees

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

To provide for the forms, fees and others matters connected therewith for the purposes of the Firearms Act, Cap. 198.

1. Interpretation

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.

2. Form of application for firearm licence

(1) An application for the grant of a firearm licence under section 9(1) of the Act shall be made to the licensing officer of the area in which the applicant resides in Form 1 in Schedule 1.

(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.

3. Form and conditions of firearm licence

(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 required, to a police or licensing officer.

4. Form of application for a firearm dealer's licence

An application for the grant of a firearm dealer's licence under section 11(2) of the Act shall be made to the licensing officer in Form 4 in Schedule 1.

5. Form of firearm dealer's licence

Every firearm dealer's licence granted under section 11 of the Act shall be in Form 5 in Schedule 1 and shall be subject to the following conditions −

(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.

6. Particulars to be entered in the register of the licensed firearms dealer
(1) Every licensed firearms dealer shall enter or cause to be entered in the register of transactions required to be kept under section 11(6) of the Act, the following particulars −

(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 1^st and 7th of each month furnish particulars under section 11(8) of the Act, to the licensing officer in Form 7 in Schedule 1.

7. Requirements for a firearms dealer's licence

Every licensed firearms dealer selling or parting with possession of a firearm or ammunition to the holder of a firearm licence shall −

(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.

8. Form of application for a firearms import licence

An application for the grant of a firearm import licence under section 14(1) of the Act shall be made to the licensing officer in Form 8 in Schedule 1.

9. Form of firearms import licence

Every firearm import licence granted under section 14 shall be in Form 9 in Schedule 1.

10. Register of firearm importers

A licensing officer shall, under section 14(2) of the Act, keep and maintain a register which shall be in Form 10 in Schedule 1.

11. Lost licences

(1) Any person who having obtained a replacement licence under section 15 of the Act, in place of the licence he has lost, finds such lost licence shall within 10 days of finding the licence, surrender it to the licensing officer or a police officer.

(2) Any person who contravenes this regulation shall be guilty of an offence and liable to a fine not exceeding VT 10,000 or to imprisonment for a period not exceeding 2 months, or to both such fine and imprisonment.

12. Disposal of deposited, detained and forfeited firearm or ammunition
(1) Any firearm or ammunition detained under the provisions of section 20 of the Act shall, at the expiry of the period of detention, unless previously brought before any court, be returned to the persons lawfully entitled to receive the same. If there is no such person, such firearm or ammunition may be sold or disposed of as the Commissioner of Police deems fit.

(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.

13. Voluntary deposit of firearms and ammunition in police armouries
(1) Any person in lawful possession of a firearm or ammunition may deposit such firearm or ammunition in a police armoury for safe custody.

(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.

14. Fees

(1) The fees payable in respect of any licence referred to in the Act, and in respect of any deposit of firearms in police armoury or of variation of conditions in firearm licences shall be the fees respectively specified in Schedule 2 and shall be paid to the licensing officer.

(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

(regulation 2)

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: _________________________

7. Business address: ______________________________________________________

8. Description of firearms for which licence required: ___________________________
____________________________________________________________________

9. (a) Details of firearms possessed at date of application: ____________________
______________________________________________________________

(a) Ammunition –

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: ______________ _____________

10. Whether a licence has previously been held, or applied for by applicant. If so, give details of all previous applications: ________________________________________

11. Date and place of issue of any licence to possess firearms or ammunition held during previous 3 years: ______________________________________________________

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: ___________________________________________

14. Reasons for requiring each of the firearms and ammunition specified _____________
____________________________________________________________________

15. Where do you intend to use each of the firearms specified? _____________________

16. Where, if a firearm licence is granted will each of the firearms and the ammunition specified be kept when not in use? ________________________________________

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)

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: ____________________________________
Calibre: ____________________________________

(iii) Maker's Name: ____________________________________

(iv) Maker's Number: ____________________________________

(b) Ammunition -

(i) maximum amount authorised to be possessed at any one time ______

total amount authorised to be purchased in each year, commencing _________________________________________, 20______.

*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 herebelow -
______________________________________________________________________________________________________________________________________________________

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 _____________________, 20____ unless previously revoked or cancelled.

Date: ____________________ Signature: _______________________________
(Licensing Officer)

T.R. No.: _________________

FORM 3

(regulation 7)

THE FIREARMS REGULATIONS

CERTIFICATE

TABLE 1 (FIREARMS)

TABLE 2 (AMMUNITION)

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: ___________________________________________________

5. (a) State whether a licence has previously been held or applied for. If so, give dates of all previous applications.

______________________________________________________________

(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: _______________________________

(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 ___________________, 20______ unless previously revoked or cancelled.

Date: ________________________ Signature: ___________________________

(Licensing Officer)

T.R. No.: _____________________

RENEWALS

This licence is hereby renewed and shall remain in force until _____________, 20______ 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 ____________________

TABLE 2 − AMMUNITION

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

Calibre ___________

TABLE 3 - REPAIRS, ALTERATIONS, STORAGE, TESTING, ETC.

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 1^st and 7^th of each month]

TABLE 1 - FIREARMS

*Where imported also include import licence number.

TABLE 2 - AMMUNITION

*Where imported also record import 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.

______________________________________________________________

5. (a) State whether a licence has previously been held or applied for. If so, give dates of all previous applications.

______________________________________________________________

(b) Date and place of issue of any licence to import firearms and ammunition granted during last 12 months.

______________________________________________________________

6. Details of firearms and ammunition possessed at date of this application. (State quantity, make, calibre, type, serial no. or other distinguishing mark, and exporter). If none, say NONE.

________________________________________________________________________________________________________________________________________

7. Reasons for requiring the firearms and ammunition specified above: ____________________________________________________________________

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 _____________, 20_____ unless previously revoked or cancelled.

Date: ___________________ Signature: ___________________________

(Licensing Officer)

T.R. No.: _________________

FORM 10

(regulation 10)

THE FIREARMS REGULATIONS

REGISTER OF FIREARMS IMPORTERS

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(8) 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