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Arms And Ammunition - Sale And Transfer Of Arms And Ammunition (Ss 13-17)

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13.     Restrictions on sale or transfer of arms or ammunition

 

            (1) No person shall by way of trade or business-

     (a)     purchase, sell or transfer; or

     (b)     accept or expose for sale or transfer or have in his possession for sale or transfer,

any arms or ammunition unless he is a registered arms dealer in accordance with the provisions of section 14.

            (2) No person shall sell, transfer or otherwise dispose of any arms or ammunition to any other person in Botswana unless-

     (a)     that other person is a registered arms and ammunition dealer;

     (b)     that other person is the holder of an arms licence authorizing him to purchase, acquire or have in his possession the arms or ammunition in question, or shows that he is a person entitled by virtue of the provisions of this Act to purchase, acquire or have in his possession those arms or ammunition without holding an arms licence; or

     (c)     the transferor is a carrier or an employee of a carrier and the delivery of those arms or ammunition is in the ordinary course of his business or employment as such.

            (3) 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 P2000 or to a term of imprisonment not exceeding two years, or to both.

 

14.     Registration of arms dealers

 

            (1) Subject to the provisions of this section, no person shall be a dealer in arms or ammunition or both, unless he has been registered as a dealer in arms and ammunition in accordance with the provisions of this section and has been issued with an arms dealer's licence.

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

            (3) Regulations providing for the issue of an arms dealer's licence may designate dealers as either wholesale dealers or retail dealers.

            (4) If any person, who for the purpose of procuring the registration of himself or any other person as an arms dealer, makes any statement which he knows to be false, he shall be guilty of an offence and liable on conviction thereof to a fine not exceeding P500 or to a term of imprisonment not exceeding six months, or to both.

 

15.     Separate places of business

 

            (1) Subject to the provisions of this section, no person shall be registered as an arms dealer under section 14 in respect of more than one place of business without a separate registration for each place of business concerned.

            (2) Where one business is carried on in premises divided by walls but otherwise forming part of one building or structure, in which a case only one registration shall be required therefor.

            (3) Nothing in this section shall prohibit the use of separate premises purely for the purpose of storing goods used or acquired in the registered business.

 

16.     Register of arms dealers

 

            For the purposes of this Act, the Commissioner shall keep or cause to be kept in the prescribed form a register of all dealers in arms and ammunition.

 

17.     Powers of Minister in case of offences by registered arms dealers

 

            Where a registered arms dealer is convicted of an offence against this Act, or against any law for the time being in force in Botswana relating to customs in respect of the import or export of arms or ammunition and the dealer fails to appeal against the conviction or where an appeal against the conviction is dismissed, the Minister may order that-

     (a)     the name of the registered arms dealer be removed from the register;

     (b)     neither the dealer nor any person who acquires the business of the dealer nor any person who took part in the management of the business or was knowingly a party to the offence shall be registered as an arms dealer;

     (c)     any person who, after the date of the order, knowingly employs in the management or conduct of his business the dealer convicted of the offence or any person who was knowingly a party to the offence shall not be registered as an arms dealer or, if so registered, shall be removed from the register; and

     (d)     any stock in hand of the business shall be forfeited to the State and shall be disposed of as the Minister may direct.