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Arms And Ammunition - Restrictions As To Possession Of Arms And Ammunition (Ss 9-11)

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9.       Restrictions against possession of arms and ammunition without a licence

 

            (1) Subject to the provisions of this Act, no person shall own, purchase, acquire or have in his possession any arms or ammunition except under and in accordance with an arms licence issued under this section.

            (2) The provisions of this section shall not apply to any air gun, air rifle or air pistol not being a type prescribed to be specifically dangerous.

            (3) Regulations may provide for the issue and renewal of an arms licence, the conditions and duration of the licence, and any fee payable for the issue of the licence.

            (4) Subject to subsection (5), any person who contravenes any provision of this section shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding P250.

            (5) Where the arms or ammunition in relation to which an offence has been committed is arms or ammunition of war, the penalty shall be a term of imprisonment of not less than five years and not more than 10 years.

 

10.     Exemptions from holding licence

 

            (1) Regulations may provide for the exemption of such persons as may be prescribed from complying with the provisions of section 9.

            (2) Regulations exempting persons under this section may provide for the issue and renewal of a certificate of exemption, the conditions and duration of the certificate, and any fee payable for the issue of the certificate.

 

11.     Production of arms licence or certificate

 

            (1) Subject to the provisions of this section, any licensing officer, game warden or customs officer may demand from any person whom he has reasonable grounds to believe to be in possession of arms or ammunition the production of his arms licence, certificate, permit or an exemption certificate, as the case may be.

            (2) Where a person required under this section to produce any document under subsection (1) is unable to do so but gives the officer a satisfactory address within Botswana he may, in that case, be allowed 30 days within which to comply with the provisions of this section.

            (3) If within the 30 days specified in subsection (2) the person fails to produce the required document the officer shall seize and retain the arms or ammunition which shall be forfeited to the State and shall be disposed of as the Minister may direct.

            (4) Notwithstanding the provisions of subsection (3), any person who fails to comply with any demand made under this section or who gives a false name or address shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding P250 and, in default of payment thereof, to a term of imprisonment not exceeding three months.