CHAPTER 223
ARMS AND AMMUNITION ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Application.

   3.   Interpretation.

PART II
RESTRICTION ON CARRYING OR POSSESSION OF ARMS AND AMMUNITION

   4.   Prohibition on carrying or possession of arms or ammunition without licence.

   5.   Grant of licence to carry or possess arms or ammunition.

   6.   Provisions in relation to Tanzania Zanzibar.

   7.   Reciprocal recognition of arms licences issued in neighbouring countries.

PART III
RESTRICTION ON EXPORT AND IMPORT OF ARMS AND AMMUNITION

   8.   Restrictions on the export of arms or ammunition.

   9.   Restriction on the import of arms and ammunition.

   10.   Arrest without warrant of person carrying arms or in possession thereof.

   11.   Travellers may introduce arms on certain conditions.

   12.   Transit licence for contiguous States.

PART IV
STORAGE AND OTHER DEALINGS IN ARMS

   13.   Deposit in public warehouses.

   14.   Registration of imported arms and ammunition.

   15.   Arms and ammunition imported for sale to be registered as such.

   16.   Withdrawal from public warehouse, police station, etc.

   17.   Arms to be described in permit for withdrawal.

   18.   Withdrawal for killing game.

   19.   Powers of Inspector-General of Police to store arms.

   20.   Manufacture of arms or ammunitions.

   21.   Repair of arms.

   22.   Surrender of armaments.

   23.   Registration of arms and ammunition already in the United Republic.

PART V
TRADING IN ARMS AND PRIVATE WAREHOUSES

   24.   Restriction on sale and transfer of arms or ammunition.

   25.   Private warehouse not to be kept without licence.

   26.   Provisions as to private warehouses.

   27.   Deposit and withdrawal of arms or ammunition.

   28.   Permits for withdrawals from private warehouse.

   29.   Power to order removal to public warehouse, of all arms and ammunition and to close arms shops, etc.

   30.   Penalty for failure or refusal to deliver up arms or ammunition.

PART VI
ENFORCEMENT PROVISIONS

   31.   Central offices to be established at Dar es Salaam and Zanzibar.

   32.   Safe custody of arms and ammunition.

   33.   Power to make regulations.

   34.   Penalties.

   35.   Attempts and abetment.

   36.   Penalty for use and possession of firearms and imitation firearms in certain cases.

   37.   Forfeiture of arms, etc., connected with offence.

   38.   Forfeiture of arms or ammunition without apparent owner.

   39.   Power to stop and search for arms in the street.

   40.   Seizure of arms or ammunition.

   41.   Persons seizing arms indemnified.

PART VII
MISCELLANEOUS PROVISIONS

   42.   Presumptions.

   43.   Power of other police officers.

   44.   [Repeal of Z. Cap. 162.]

   45.   [Repeal of R.L. Cap. 223.]

   46.   Savings, transitional and consequential provisions.

SCHEDULE

CHAPTER 223
THE ARMS AND AMMUNITION ACT

An Act to control civil arms and ammunition in the United Republic.

[4th May, 2001]
[G.N. No. 66 of 2001]

Act Nos.
2 of 1991
19 of 2007
17 of 2010

PART I
PRELIMINARY PROVISIONS (ss 1-3)

1.   Short title

   This Act may be cited as the Arms and Ammunition Act.

2.   Application

   (1) This Act shall apply to Tanzania Zanzibar as well as to Mainland Tanzania.

   (2) This Act shall apply in relation to all firearms other than armaments to which the provisions of the Armaments Control Act *, apply.

   (3) The Minister may, be notice published in the Gazette, exempt from the applications of this Act any particular arms or category of arms.

3.   Interpretation

   (1) In this Act, unless the context otherwise requires–

    "ammunition" includes–

   (a)   every shell, cartridge case, bomb, hand grenade, or projectile, whether containing any explosive or gas or chemical or not, and whether intended to be discharged from or by any gun or other propelling or releasing instrument or mechanism or not, except hand grenades which can be used only for the purpose of extinguishing fires;

   (b)   every part of any such shell, cartridge case, bomb, hand grenade or projectile, whether such shell, cartridge case, bomb, hand grenade or projectile may have been completely formed at any time or not;

   (c)   every fuse, percussion cap, or priming cap, which could be used for the purpose of exploding any shell, bomb, hand grenade or other projectile;

   (d)   every bullet or cartridge clip;

   (e)   any explosive when enclosed in any case or contrivance, or otherwise adapted or prepared so as to form a cartridge, charge or complete round of small arms, cannon, or any other weapon, or to form any tube for firing, explosives, or to form a detonator, a projectile, or contrivance other than a firework, which can be used either singly or in suitable combinations, as, or in connection with, a missile;

   (f)   anything which may be declared by the Minister, by notice published in the Gazette, to be ammunition;

   "armament" means any of the following: ammunition and arms of war, whether complete or in parts, namely, firearms, artillery of all kinds, apparatus for discharge of all kinds of explosive or gas-diffusing projectiles, flame throwers, bombs, grenades, machine guns, and rifles, small firearms, and breech-loading weapons of all kinds;

      "arms" shall, subject to subsection (2), include–

   (a)   every firearm of any description;

   (b)   every air gun and every other kind of gun from which any shot, bullet or other missile can be discharged;

   (c)   every sword, cutlass, spear, pike, bayonet, dagger, fighting iron, flick-knife, gravity knife or other deadly weapon;

   (d)   every gun, pistol or other propelling or releasing instrument or mechanism, from or by which any shell, cartridge, bomb, grenade, or projectile, containing any gas or chemical, could be discharged;

   "Arms Authority" means the person, officer or department of Government declared to be the arms authority under section 5;

   "authorised officer" means any administrative or other officer authorised for a particular purpose by the Government;

   "to carry" means to carry on the person but does not include transport or conveyance from one place to another in the ordinary course of business for storage or other business purposes;

   "Convention" means the Convention for the control of the trade in arms and ammunition, and Protocol, signed at St. Germain-en-Laye on the 10th day of September, 1919;

   "firearm" means any lethal barrelled weapon of any description other than a harpoon gun, from which any shot, bullet or other missile can be discharged, and includes any component part of any firearm and any accessory to any such weapon designed or adapted to diminish the noise or flash caused by firing the weapon;

   "flick-knife" means any knife which has a blade which opens automatically by hand pressure applied to a button, spring or other device in or attached to the handle of the knife;

   "Government" means the Government of the United Republic and includes the Revolutionary Government of Zanzibar;

   "gravity knife" means any knife which has a blade which is released from its handle or sheath by the force of gravity or the application of centrifugal force and which, when released, is locked in place by means of a button, spring, lever or other device;

   "Minister" means the Minister for the time being responsible for home affairs;

   "to move" or "to remove" includes every kind of movement, transport, or conveyance not included in the expression "to carry";

   "prescribed" means prescribed by regulations;

   "private warehouse" means a warehouse for arms and ammunition, not being a public warehouse, approved by an authorised officer and designated as such by notice published in the Gazette;

   "prohibited area" means any area declared as such by the Minister for the purposes of this Act;

   "public warehouse" means a warehouse under the exclusive custody and permanent control of the Government or of its servants or agents, or any other place which in the opinion of the Minister is suitable for the custody of arms or ammunition, designated as a public warehouse by the Minister by notice published in the Gazette.

   (2) Nothing in the definition of the word "arms" and in this Act generally shall be construed so as to being under the application of this Act any arms, other than firearms, which are–

   (a)   designated to be used in domestic, agricultural, building, construction or other economic activities;

   (b)   traditionally used as part of the cultural accoutrement of the people in any area of the United Republic; or

   (c)   designed for use in societal or ceremonial occasions.

   (3) Arms or ammunition on the body, or in the custody or under the control, of any person shall be deemed to be in his possession.

PART II
RESTRICTION ON CARRYING OR POSSESSION OF ARMS AND AMMUNITION (ss 4-7)

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