Citation(s) from the literature library

Cross, Peter, Rick de Caris, Ettienne Hennop and Angus Urquhart. 2003 ‘Trade (Licensing) - Botswana.’ The Law of the Gun: An Audit of Firearms Control Legislation in the SADC Region, pp. 32-34. London: SaferAfrica and Saferworld. 1 June

Relevant contents

Arms and Ammunition Act, 1981

Sale and Transfer of Arms and Ammunition

Art. 13
(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;…
(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.

Art. 14
(1) An application for an arms dealer's licence under section 14 of the Act shall be made to the Commissioner in Form 13 set out in the First Schedule and on payment of the fee set out in the Second Schedule.
(2) An arms dealer's licence may be issued to
(a) an owner or his agent of a business undertaking established or to be established solely for the purpose of dealing in arms and ammunition; or
(b) a person or his agent who is the owner of a general business undertaking.
(3) A licence shall not be issued under this regulation unless the application relates to specified fixed premises and the Commissioner is satisfied that
(a) the issue of a licence would be in the public interest generally;
(b) the applicant
(i) is a citizen or resident of Botswana,
(ii) is a fit and proper person to carry on the business of an arms dealer and is at least 21 years of age,
(iii) has no serious criminal conviction and has not been convicted of an offence involving violence or against the public order or peace;
(c) the premises to which the application for a licence relates
(i) are suitable for the purpose of dealing in arms and ammunition and comply with the town planning scheme; and
(ii) provides adequate security for stock-in-trade; and
(d) the carrying on of the business would not be a danger or a nuisance to persons resident thereto or to surrounding property or to the public generally.

Regulation made under the Arms and Ammunition Act

Art. 15
(1) Subject to the recommendation of the Commissioner, the Minister may authorize the issue, in Form 14 set out in the First Schedule, of an arms dealer's licence, and the Commissioner shall issue the licence.
(2) A licence issued under this regulation shall
(a) be valid for a period of three years from the date of issue;
(b) not be valid for more than one place of business; and shall permit the person named therein to carry on the business of a dealer in arms at the premises specified therein.
(3) On or before the date of expiry of an arms dealer's licence the holder thereof may apply to the Commissioner for a renewal of his licence and, subject to the provisions of the Act and of these Regulations, the renewal shall be effected.
(4) Where a person to whom a licence has been issued under this regulation fails to apply for a renewal thereof within 30 days of the date of its expiry, the Commissioner shall cause to be removed from the register of dealers the name of that person.
(5) Where the Commissioner causes the name of a dealer in arms to be removed from the register he shall, by notice in writing, require the dealer to dispose of his stock-in-trade within 21 days from the date of the notice:
Provided that
(i) where an appeal is brought against the removal, this subregulation shall not apply unless the appeal is abandoned or dismissed and, in such case, this subregulation shall have effect from the date the appeal was abandoned or dismissed;
(ii) for the purpose of disposing of his stock in hand, a dealer shall be deemed to be registered until the expiration of the 21 days referred to in this sub-regulation.
(6) A dealer whose name has been removed from the register and whose appeal against such removal is unsuccessful shall not, unless the Minister otherwise determines, again be issued with an arms dealer's licence.

Art. 16
(1) The issue of an arms dealer's licence in terms of these Regulations shall be for the purpose of wholesale or retail trade.
(2) The number of arms dealer's licences issued shall be equitable with the likely volume of trade in any particular district.

Art. 17
(1) A register of arms dealers shall be kept at the Central Arms Registry, in accordance with section 16 of the Act, and the Commissioner shall cause to be entered therein the name of any person who, in accordance with the provisions of these Regulations, has been issued with an arms dealer's licence.
(2) The Commissioner shall cause the name of any person to be removed from the register
(a) at the request of that person;
(b) if, after giving reasonable notice in writing to a person to show otherwise, he is satisfied that that person is no longer carrying on business as an arms dealer at the registered place of business; or
(c) where he has reasonable cause to believe that that person cannot be permitted to continue to carry on business as a dealer in arms without danger to the public safety or peace or for any other reasonable cause.

Art. 18
The registers required to be kept by arms dealers in accordance with section 18 of the Act shall be
(a) in the case of arms, in Form 15 set out in the First Schedule; and
(b) in the case of ammunition, in Form 16 set out in the First Schedule.

ID: Q8861

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