Arms and Ammunition Act
2008 Revised Edition
CAP. 20.04
ARMS AND AMMUNITION ACT
Arms and Ammunition Act CAP. 20.04 Arrangement of Sections
2008 Revised Edition
Page 3
ARMS AND AMMUNITION ACT
Arrangement of Sections
Section
PART I - PRELIMINARY 5
1 Short title................................................................................................................ 5
2 Interpretation.......................................................................................................... 5
PART II - LICENCES TO MANUFACTURE ARMS OR AMMUNITION 6
3 Prohibition on the manufacture of arms and ammunition...................................... 6
PART III - LICENCES TO POSSESS, USE OR CARRY ARMS OR
AMMUNITION 7
4 Possession of arms and ammunition prohibited except under licence................... 7
5 Period of exemption in certain cases ..................................................................... 8
6 Licences: how obtained.......................................................................................... 8
7 Marking of arms..................................................................................................... 9
8 Lost licences .......................................................................................................... 9
9 Arms or ammunition lost or destroyed .................................................................. 9
PART IV - ALTERATION ETC., OF ARMS 9
10 Provisions as to shortening arms and converting imitation arms into arms........... 9
PART V - PURCHASE, TRANSFER, IMPORT AND EXPORT OF
ARMS AND AMMUNITION 10
11 Licence for purchase or transfer .......................................................................... 10
12 Licence to import ................................................................................................. 10
13 Arms and ammunition sent by post ..................................................................... 11
14 Licence to export ................................................................................................. 11
15 Ports and places of import and export.................................................................. 11
16 Declaration of arms and ammunition on importation .......................................... 12
17 Penalty for unlawful importation or exportation.................................................. 12
Arrangement of Sections CAP. 20.04 Arms and Ammunition Act
2008 Revised Edition Page 4
18 Arms and ammunition in transit...........................................................................12
19 Concealing unlawfully imported arms and ammunition ......................................12
20 Minister may prohibit importation or exportation................................................12
21 Penalty, in respect of vessel used for illegal importation or exportation .............13
PART VI - MISCELLANEOUS 13
22 Prohibition of arms in certain areas......................................................................13
23 Licence may be refused........................................................................................14
24 Penalty for taking in pawn arms or ammunition or selling arms or
ammunition by auction.........................................................................................14
25 Search for arms or ammunition under warrant of magistrate...............................14
26 Detention of arms or ammunition by the police...................................................15
27 Entry on place where there are arms or ammunition............................................15
28 Deposit of arms and ammunition at police station ...............................................15
29 Disposal of detained arms and ammunition .........................................................16
30 Ownership ............................................................................................................16
31 Rewards to informers ...........................................................................................16
32 Forfeitures ............................................................................................................16
33 Security of arms and ammunition ........................................................................17
34 General penalty ....................................................................................................17
35 Search of vessels ..................................................................................................17
36 Persons conveying arms or ammunition may be apprehended without
warrant..................................................................................................................18
37 Person arrested to be taken to police station ........................................................18
38 Power to stop and search for arms and ammunition in the street .........................18
39 Presumption..........................................................................................................18
40 Regulations...........................................................................................................18
41 Power to exempt...................................................................................................19
42 Provisions of this Act to be additional to other Acts............................................19
Supporting Documents
ENDNOTES 20
Arms and Ammunition Act CAP. 20.04 Section 1
2008 Revised Edition
Page 5
ARMS AND AMMUNITION ACT
AN ACT TO MAKE PROVISION FOR CONTROLLING THE
POSSESSION, MANUFACTURE, SALE, REPAIR, STORAGE, IMPORT
AND EXPORT OF ARMS AND AMMUNITION AND FOR MATTERS
RELATING AND INCIDENTAL THERETO1
Commencement [17th February 1964]
PART I - PRELIMINARY
1 Short title
This Act may be cited as the Arms and Ammunition Act.
2 Interpretation
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, any air gun or air pistol
of whatever description, and any weapon of whatever 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
Section 3 CAP. 20.04 Arms and Ammunition Act
2008 Revised Edition Page 6
flash caused by firing the weapon, but does not include articles designed or
adapted solely to discharge spears for spearing fish;
“licenced 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;
“officer in charge of police” means the police officer appointed by the
Commissioner of Police to be in charge of the police stationed in any place, or
where such an officer has not been appointed, the highest ranking
administrative officer for the time being stationed in the district in which such
place is situated;
“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 9 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
3 Prohibition on the manufacture of arms and ammunition
(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 him.
(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) of this section, he shall be
liable to imprisonment for 10 years and to a fine of $2000.
(4) Any person who fails or neglects to comply with any instructions given by the
Minister under the provisions of subsection (1), shall be liable to a fine of
$100 and to imprisonment for 6 months.
Arms and Ammunition Act CAP. 20.04 Section 4
2008 Revised Edition
Page 7
PART III - LICENCES TO POSSESS, USE OR CARRY ARMS
OR AMMUNITION
4 Possession of arms and ammunition prohibited except under licence
(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 liable in respect of every such arm or the
total of ammunition so possessed, used or carried —
(i) if the offence was committed in a prohibited area, to
imprisonment for 10 years and to a fine of $2000;
(ii) if the offence was committed elsewhere, to imprisonment for 2
years and to a fine of $400.
(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 liable to imprisonment for a term of 1 year and to a fine
of $200.
(3) The following persons shall be exempted from the operation of this section to
the extent specified —
(a) 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;
(b) 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;
(c) any member of a recognised Naval or Military or Air Force or any
police officer or any person employed in the Prisons Staff or in the
Customs Staff in respect of any arm or ammunition possessed, used or
carried in the course of his lawful duties;
(d) the crew and passengers of any vessel, other than a vessel solely
engaged in carrying goods or passengers within Tuvalu, 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;
Section 5 CAP. 20.04 Arms and Ammunition Act
2008 Revised Edition Page 8
(e) any public officer specifically exempted in writing from the operation
of this section by the Minister, acting in his discretion, in respect of the
arms or ammunition specified in the exemption;
(f) any person engaged in the construction of buildings in respect of any
nail gun;
(g) the Tuvalu Co-operative Society in respect of arms or ammunition in its
possession for sale in the ordinary course of business.
(4) Persons exempt under paragraph (b) of subsection (3) shall furnish annually in
writing to the Commissioner of Police particulars of all arms and ammunition
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.
5 Period of exemption in certain cases
No person shall be deemed guilty of any contravention of this Act 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 31st day of December of the previous year under a licence issued in that behalf
under this Act.
6 Licences: how obtained
(1) A licence for an arm and ammunition under this Act may be obtained by
application made in writing to the Commissioner of Police accompanied by
the prescribed fee subject to the issue thereof being expressly approved by
him.
(2) No licence shall be issued in the name of any partnership, company or
corporation.
(3) No licence shall be issued or renewed unless the arm and ammunition in
respect of which its issue or renewal is applied for be produced to a police
officer and such officer is satisfied that the arm and ammunition are
serviceable.
(4) Every licence shall expire on the 31st day of December next following the
date of issue or renewal.
(5) 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.
(6) 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
Arms and Ammunition Act CAP. 20.04 Section 7
2008 Revised Edition
Page 9
on his person such licence whenever carrying the arm in respect of which the
same is issued.
7 Marking of arms
(1) Whenever application is made for a licence for any arm not marked with
letters or figures or in such other manner so 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; and 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 liable to
imprisonment for 2 years and to a fine of $400.
(2) Any, person who wilfully obliterates, defaces, alters, counterfeits or forges a
manufacturer’s serial number on any arm shall be liable to imprisonment for 2
years and to a line of $400.
8 Lost licences
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.
9 Arms or ammunition lost or destroyed
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, within 14 days after becoming aware of such loss or destruction, make
a report thereof to the police station nearest to the place where such persons
normally reside.
PART IV - ALTERATION ETC., OF ARMS
10 Provisions as to shortening arms and converting imitation arms into
arms
(1) No person shall shorten the barrel of an arm to a length less than 20 inches.
Section 11 CAP. 20.04 Arms and Ammunition Act
2008 Revised Edition Page 10
(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) If any person contravenes any of the foregoing provisions of this section he
shall be liable to imprisonment for 2 years and to a fine of $400.
(4) If any person purchases or has in his possession an arm which has been
shortened to a length less than 20 inches or an arm which has been converted
as aforesaid without holding a licence authorising him to purchase or possess
it in such shortened or converted condition, he shall be liable to imprisonment
for 2 years and to a fine of $400.
PART V - PURCHASE, TRANSFER, IMPORT AND EXPORT
OF ARMS AND AMMUNITION
11 Licence for purchase or transfer
(1) No person shall take delivery of any arm or ammunition on purchase or
transfer without first obtaining a licence authorising the purchase or transfer
thereof; and such licence shall have force for 1 month from the date of issue
and no longer.
(2) No person shall deliver to any other person any arm or ammunition on sale or
transfer except upon production to him of a licence authorising the purchase
or transfer thereof.
(3) The purchaser or transferee of any arm or ammunition shall endorse the said
licence with the date of delivery and particulars of the arms and ammunition
purchased or transferred, and shall return such licence within 1 month from
such date to the officer by whom the same was issued.
(4) Any person who contravenes or fails to comply with any of the provisions of
this section shall be liable to a fine of $20.
(5) Licences for the purchase or transfer of arms and ammunition which shall be
in the prescribed form may be issued by the Commissioner of Police on
payment of the prescribed fee.
12 Licence to import
(1) No person shall import any arm or ammunition or part of arms and
ammunition unless he holds a licence in that behalf:
Arms and Ammunition Act CAP. 20.04 Section 13
2008 Revised Edition
Page 11
Provided that when any arm is imported 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
Customs Staff.
(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.
(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 officer in charge of the police
for the place where he resides within 3 days from the expiration of the term
allowed thereby.
(4) Bona fide travellers arriving in Tuvalu may, on application to the officer in
charge of police at the place of arrival, obtain an interim licence to import
their personal arms and ammunition for such arms, which licence shall be in
the prescribed form and shall remain in force in the first instance for a period
of 14 days from the date of issue.
(5) Where bona fide travellers leave arms and ammunition in the possession of
the Customs Staff 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 Tuvalu at the
request of such travellers, made in writing to the Minister, and on payment of
the prescribed fee.
13 Arms and ammunition sent by post
Arms or ammunition sent through the post from outside Tuvalu 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.
14 Licence to export
(1) No person shall export any arms or ammunition from Tuvalu to a place
outside Tuvalu 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.
15 Ports and places of import and export
The Minister may from time to time by notice declare that arms or ammunition or
particular classes of arms or ammunition shall not be imported into or exported from
Tuvalu from or to any place outside Tuvalu except at ports or places specified in
Section 16 CAP. 20.04 Arms and Ammunition Act
2008 Revised Edition Page 12
such notification, and no arms or ammunition shall be imported into or exported
from Tuvalu contrary to the terms of such notification.
16 Declaration of arms and ammunition on importation
Every person entering Tuvalu who has in his possession or among his baggage any
arm or ammunition and every consignee receiving any arm or ammunition imported
into Tuvalu 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 12.
17 Penalty for unlawful importation or exportation
(1) Any person who contravenes the provisions of section 12(1) or of section 14
or 15 shall be liable to imprisonment for 12 months and to a fine of $200.
(2) Any person who contravenes the provisions of section 12(3) or of section 16
shall be liable to a fine of $100.
18 Arms and ammunition in transit
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 Tuvalu of any arm or ammunition in transit through Tuvalu to any
place outside Tuvalu, 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.
19 Concealing unlawfully imported arms and ammunition
Whoever knowingly conceals any arm or ammunition imported without a licence
shall be liable to imprisonment for 2 years and to a fine of $400.
20 Minister may prohibit importation or exportation
(1) The Minister may from time to time by notice2 prohibit for a period to be
mentioned in such notification either the importation or the exportation of any
arms or ammunition, 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
Arms and Ammunition Act CAP. 20.04 Section 21
2008 Revised Edition
Page 13
who takes or sends any such article out of Tuvalu 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 Tuvalu any arms or ammunition
or parts of arms or ammunition in contravention of any notice under this
section or in breach of the conditions subject to which any special licence is
issued, shall be liable to imprisonment for 12 months and to a fine of $200.
21 Penalty, in respect of vessel used for illegal importation or exportation
(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 section 20, 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 liable to a fine of $2000
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 $2000.
(2) The finding of any arm or ammunition or part of any arm or ammunition
which are subject to a prohibition under section 20 on board any vessel shall
be 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.
PART VI - MISCELLANEOUS
22 Prohibition of arms in certain areas
(l) 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 Tuvalu, may by notice —
(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.
Section 23 CAP. 20.04 Arms and Ammunition Act
2008 Revised Edition Page 14
(2) Any person who without reasonable cause, proof whereof shall lie upon him,
refuses or neglects to comply with the provisions of such notice shall be liable
to a fine of $100 and to imprisonment for 6 months.
(3) Arms and ammunition delivered up or seized in consequence of a notice
under this section may be detained as long as such notice is in force and for
such reasonable period thereafter as may be necessary to enable the owners to
collect or re-licence them.
23 Licence may be refused
(1) Subject to the provisions of section 22, 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 21 years.
24 Penalty for taking in pawn arms or ammunition or selling arms or
ammunition by auction
(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 liable to
imprisonment for 6 months and to a fine of $100.
25 Search for arms or ammunition under warrant of magistrate
(1) Whenever a magistrate or island 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 or island magistrate may by warrant directed to any police
officer authorise such 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 or island
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
Arms and Ammunition Act CAP. 20.04 Section 26
2008 Revised Edition
Page 15
(iii) to arrest any person found in such house or on such premises
whom such officer has reason to suspect to have committed ant
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 liable to
imprisonment for 2 years and to a fine of $400.
26 Detention of arms or ammunition by the police
Any arm or ammunition produced to a police officer in accordance with the
provisions of section 6(3), 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 officer for any
period not exceeding 1 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 1 month may be extended to a period not exceeding 3
months by order of the Minister.
27 Entry on place where there are arms or ammunition
Any police officer may without a warrant enter and remain on any land or premises
other than a dwelling house 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.
28 Deposit of arms and ammunition at police station
(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) If the owner of any arm or ammunition, the possession of which has become
unlawful in consequence of the expiry, cancellation or suspension of a
licence, does not, within 6 months from the date of expiry or cancellation of
such licence or 6 months from the expiry of the suspension, as the case may
be, produce a licence authorising him to possess the same such arms or
ammunition may be sold, in which event the owner shall be entitled to receive
the proceeds of sale less expenses, or otherwise disposed of or destroyed.
Section 29 CAP. 20.04 Arms and Ammunition Act
2008 Revised Edition Page 16
(3) Every person licensed to possess arms and ammunition under this Act shall,
upon leaving Tuvalu unless he exports such arms or ammunition on so
leaving, transfer the same to some person authorised under section 11 to take
delivery thereof or deposit them for safe keeping at a police station.
(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 7 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.
29 Disposal of detained arms and ammunition
Arms and ammunition detained by any police officer under the provisions of
sections 22 and 26 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; and if there is no such person, such arms and ammunition shall be
disposed of in the prescribed manner.
30 Ownership
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.
31 Rewards to informers
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.
32 Forfeitures
All arms and ammunition with regard to which there shall have been any offence
against the provisions of this Act 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.
Arms and Ammunition Act CAP. 20.04 Section 33
2008 Revised Edition
Page 17
33 Security of arms and ammunition
(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 liable to imprisonment for 6 months and to a fine of $100.
34 General penalty
Any person who is guilty of any offence against the provisions of this Act for which
no penalty is otherwise expressly provided shall be liable to a fine of $50.
35 Search of vessels
(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 Tuvalu is absolutely
prohibited by a notification under section 20 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
Tuvalu to such place is so prohibited and which is not exempted as
aforesaid, the Minister 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 20 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,
Section 36 CAP. 20.04 Arms and Ammunition Act
2008 Revised Edition Page 18
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.
36 Persons conveying arms or ammunition may be apprehended without
warrant
(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.
37 Person arrested to be taken to police station
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 court to be dealt with according to law.
38 Power to stop and search for arms and ammunition in the street
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.
39 Presumption
Every person who is proved to have had in his possession or under his control
anything whatever containing any arm or ammunition shall, until the contrary is
proved, be deemed to have been in possession of such arm or ammunition.
40 Regulations
The Minister may make regulations for any of the following purposes —
(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;
Arms and Ammunition Act CAP. 20.04 Section 41
2008 Revised Edition
Page 19
(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.
41 Power to exempt
The Minister may by notice exempt any arms or ammunition or classes of arms or
ammunition within Tuvalu or within any part of Tuvalu from the operation of all or
any of the provisions of this Act.
42 Provisions of this Act to be additional to other Acts
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 relating to the manufacture,
sale, transfer, purchase, acquisition, possession, use, storage, carriage,
transportation, importation or exportation of firearms, ammunition or explosives.
ENDNOTES CAP. 20.04 Arms and Ammunition Act
2008 Revised Edition Page 20
ENDNOTES
1 1990 Revised Edition, Cap. 74 - Acts 6 of 1964, 8 of 1971, 3 of 1972, LNs 16/1974, 30/1976,
19/1985
2 By LN 2/1997 the Minister Ordered as follows –
“In exercise of the powers conferred by section 20 (1) of the Arms and Ammunition Act, the
Minister prohibits the importation of all arms and ammunition and parts of such arms and
ammunition except those specified in the Schedule.
All previous notices are revoked.
SCHEDULE
EXEMPTIONS
1. Air guns
2. Anti-shark protection devices
3. Building power guns
4. Sports starting pistols
5. Arms imported by or for the use of the Tuvalu Police or the armed forces of the Crown.
6. Ammunition for the arms specified above.”
