REPORT
Small arms and security in Southern Africa
SaferAfrica and Saferworld
Tanzania Arms and
Ammunition Act, 1991
“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
The Law of the Gun
TA N Z A N I A
An audit of firearms control legislation in the SADC region
Peter Cross, Rick de Caris,
Ettienne Hennop and Angus Urquhart
June 2003
TANZANIA
The Law of the Gun:
An audit of firearms control legislation in the SADC region
Peter Cross, Rick de Caris, Ettienne Hennop
and Angus Urquhart
SAFERAFRICA AND SAFERWORLD
JUNE 2003
Contents
Foreword
5
Overview of firearms situation
8
Overview of legislation
8
General information
9
Definitions in Tanzania’s firearms control legislation
10
Breakdown of Tanzania’s firearms control legislation
13
Controls on civilian possession and use
13
Record keeping and tracing
17
Import, export and transit
20
Brokering
23
Manufacture
24
Trade
27
Seizure, disposal and enforcement
30
Arms embargoes
32
State-owned firearms
33
Acknowledgements
Saferworld is grateful to the UK Government for funding this project.
SaferAfrica is grateful to the governments of the UK, the Netherlands, Ireland and Norway for
funding this project.
In the research and writing of this report valuable assistance was provided by government and
civil society representatives in all the countries included in the study. Special thanks to Gabriël
Oosthuizen for his valuable input in checking the numerous tables in the full study and providing
advice on the international legal perspective.
Foreword
THIS COUNTRY STUDY forms one chapter of a comprehensive study on firearms legislation in
Southern Africa, conducted by Saferworld and SaferAfrica which aims to assess the strengths
and weaknesses of the firearms control legislation in Southern African Development Community
(SADC) member states.
The full study contains an introductory chapter providing an overview of the firearms legislation in
12 of the SADC member states and the regional perspective. Each of the following 12 chapters
covers one SADC member state. The chapter provides an in-depth analysis of each state’s
firearms legislation against the commitments contained in the four key international and regional
small arms agreements for the SADC member states:
‘Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and
Components and Ammunition, supplementing the United Nations Convention against ‘Transnational Organised Crime’ (‘UN Firearms Protocol’);
‘United Nations Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small
Arms and Light weapons in All Its Aspects’ (‘UN Programme of Action’);
‘Bamako Declaration on an African Common Position on the Illicit Proliferation, Circulation and
Trafficking of Small Arms and Light Weapons’ (‘Bamako Declaration’); and
‘SADC Protocol on The Control of Firearms, Ammunition and Other Related Materials’ (‘SADC
Firearms Protocol’).
The study is intended as a reference document to assist law-makers and others involved in
reviewing national legislation. For every country, the existing national firearms laws are unpacked
and their provisions detailed, by issue, alongside the requirements of the international and
regional small arms agreements. This analysis is presented in an individual table for each
country, in which it is possible to adjudge the level of conformity with the requirements of the
international and regional agreements.
6
THE LAW OF THE GUN: AN AUDIT OF FIREARMS CONTROL LEGISLATION
Sources
The information contained in this report was collected through field research. During the research
visits to each country the research team consulted a wide range of government departments,
including:
The Ministry of the Interior/Home Affairs
The Ministry of Justice
The Ministry of Defence
The Attorney General’s Office
The Police
The Army / Defence Forces
Customs and Immigration
Wildlife and Parks
Local civil society actors were also consulted.
Using this
document
The country-study reports contain four sections:
Overview of the firearms situation and legislation in the country. The information in this
overview was collected during research trips to the country.
General Information about the country is contained in a table following the overview of the
firearms situation in the country. This includes information relating to the international and
regional agreements that the country has signed up to, information on the current firearms control
legislation and information on the number of firearms in the country.
Definitions are contained in a table which presents the definitions contained in the country’s
national legislation, presenting them alongside the definitions contained in the SADC Firearms
Protocol and the UN Firearms Protocol.
Legislation Breakdown is contained in a table which forms the main body of the country study.
The breakdown of the legislation is done against 9 analytic categories. The following broad
categories were identified in order to facilitate a uniform approach to the analysis of very different
pieces of legislation:
Controls on civilian possession and use
Record keeping and tracing
Import, export and transit
Brokering
Manufacture
Trade
Seizure, disposal, and enforcement
Arms embargoes
State-owned firearms
This breakdown of the national legislation is presented alongside the commitments contained in
the four key regional and international agreements. A comment on conformity, to these agreements has been included. Throughout this report, where we talk of ‘conformity’, ‘commitments’,
‘requirements’ or similar terms, we do so with regard to the importance of fully implementing the
provisions of these agreements and the need to ratify them and hasten their entry into force. By
noting the ‘conformity’ or otherwise of existing national legislation we are not indicating a legal
commitment to the SADC Firearms Protocol and UN Firearms Protocol, before these are ratified
and have entered into force. Full conformity with the provisions of these regional and international
small arms agreements is, nonetheless, important in laying the foundations for the effective
control of firearms across the SADC region. The presentation of the analysis is intended to
TANZANIA
7
facilitate cross-referencing between the national legislation and the international and regional
commitments as well as cross referencing between the various pieces of legislation in the SADC
region.
The tables contain the articles specifically relevant to the analytical category and the requirements
of the international and regional agreements, however, both in terms of accessibility and due to
constraints of space certain articles and/or subsections have been omitted. We have tried, where
possible, to limit this to articles containing procedural guidelines. Also, where articles crossreference other articles within the act, these cross-referenced articles have often not been
immediately reproduced, again because of constraints of space. In most cases, however, these
cross-referenced articles appear under different sections of the table.
This country study should be used in conjunction with the narrative section of the study which
contains a comprehensive overview of the aims and objectives of the study as well as the
methodology used. The narrative section includes a table containing the key international and
regional agreements broken down against the analytical categories outlined above. The narrative
report and the 12 country studies are available online at Saferworld’s website:
www.saferworld.org.uk, while hard copies are available on request.
Tanzania
Overview of
firearms
situation
TANZANIA STANDS AT THE CROSSROADS between Southern and Eastern Africa; and
between the Indian Ocean and the Central African Region. Tanzania’s geographic location has
had a significant impact on its domestic firearms situation. While Tanzania has never had a civil
conflict of its own, it has found itself as the host territory for various liberation movements in Africa
and more recently, has had its territory used for arms smuggling and caching during the Great
Lakes region conflicts. In this regard, Tanzania has provided a transit route for arms being illicitly
trafficked to the conflicts in Rwanda, Burundi and the Democratic Republic of the Congo (DRC).
Domestically Tanzania has a significant firearms problem. Violent firearms-related crimes are
numerous and impact heavily on people’s perceptions of security, leading to law-abiding citizens
feeling the need to arm themselves for protection.
Tanzania has embarked on a very ambitious and comprehensive five-year National Action Plan to
tackle its firearms problems. The plan began with a thorough assessment of the firearms situation
in the country, which examined the nature and extent of the problem, and mapped out the
resources that were both currently available to address the problem and the additional resources
that were needed. Tanzania has established an Arms Management and Disarmament Committee
to oversee the implementation of the plan. The plan is closely following the recommendations
specified in the regional and international agreements and the Tanzanian Government has
developed a National Firearms Policy to provide the political framework.
A central component of the plan is the review of legislation, as this is widely perceived to be a
crucial component of any attempt to tackle the firearms problem in the country. A thorough review
of the legislation governing firearms is currently under way and a new act will be drafted and
tabled in parliament in the near future.
Overview of
legislation
The primary piece of legislation governing firearms in Tanzania is the ‘Arms and Ammunition Act
of 1991’. In addition to this piece of legislation, there are some 16 other acts that include controls
over firearms. This makes any review of the complete legislation regarding firearms in a study like
this an extremely difficult task. Those who have to apply the law and enforce it also find that
legislation spread over 16 different acts is not manageable. The Tanzanian government has
recognised this fact and will be beginning a review process shortly in order to consolidate the
various pieces of legislation and to bring them in line with the international and regional agreements.
9
TANZANIA
General
information
Tanzania
International agreements
Primary legislation
SADC Firearms Protocol
Signed
UN Firearms Protocol
UN Programme of Action
Party to
Bamako Declaration
Party to
Arms and Ammunitions Act, 1991
Ratified
Last amendment / revisions
Regulations
Year of implementation
1991
Other legislation containing
firearms controls
The Wildlife Conservation Act, 1974
The Convention for the control of the trade in arms and
ammunition, and Protocol, signed at St. Germain-en-Laye on
10 September 1919.
East African Customs and Transfer Tax Management Act
Yes – Manually Maintained
Central Firearms Registry
Number of registered
civilian firearms
Unknown
Review
Currently underway.
Definitions in Tanzania’s
firearms control legislation
Definitions
Analytical category
SADC Firearms Protocol
UN Firearms Protocol
National legislation
Firearms
Article 1
“firearm” means:
(a) any portable lethal weapon
that expels, or is designed to
expel, a shot, bullet or
projectile by the action of
burning propellant, excluding
antique firearms or their
replicas that are not subject to
authorisation in the respective
State Parties;
(b) any device which may be
readily converted into a
weapon referred to in
paragraph a);
(c) any small arm as defined
in this Article; or
(d) any light weapon as
defined in this Article
Article 3
(a) “Firearm” shall mean any
portable barrelled weapon that
expels, is designed to expel or
may be readily converted to
expel a shot, bullet or
projectile by the action of an
explosive, excluding antique
firearms or their replicas.
Antique firearms and their
replicas shall be defined in
accordance with domestic law.
In no case, however, shall
antique firearms include
firearms manufactured after
1899;
Arms and Ammunition Act,
1991
"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;
"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;
Ammunition
Article 1
“ammunition” means the
complete cartridge including
the cartridge case, unfired
primer, propellant, bullets and
Article 3
(c) “Ammunition” shall
mean the complete round or
its components, including
cartridge cases, primers,
Arms and Ammunition Act,
1991
"ammunition" includes—
(a) every shell, cartridge case,
bomb, hand grenade, or
11
TANZANIA
Definitions
Analytical category
SADC Firearms Protocol
UN Firearms Protocol
National legislation
projectiles that are used in a
firearm, provided those
components are themselves
subject to authorisation in the
respective State Parties;
propellant powder, bullets or
projectiles, that are used in a
firearm, provided that those
components are themselves
subject to authorization in the
respective State Party;
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
other contrivance than a
firework, which can be used
either singly or in suitable
combination, as, or in
connexion with, a missile;
(f) anything which may be
declared by the Minister, by
notice published in the
Gazette, to be ammunition;
Light weapons / arms of war
Article 1
“light weapons” include the
following portable weapons
designed for use by several
persons serving as a crew:
heavy machine guns,
automatic cannons, howitzers,
mortars of less than 100 mm
calibre, grenade launchers,
anti-tank weapons and
launchers, recoilless guns,
shoulder fired rockets, antiaircraft weapons and
launchers, and air defence
weapons.
Small arms
Article 1
“small arms” include light
machine guns, sub-machine
guns, including machine
pistols, fully automatic rifles
and assault rifles and semi-
Arms and Ammunition Act,
1991
"armament" means any of the
following arms of war, whether
complete or in parts and
ammunition for them, namely,
firearms, artillery of all kinds,
apparatus for discharge of all
kinds of explosive or gasdiffusing projectiles, flamethrowers, bombs, grenades,
machine guns, and rifles,
small-fire, breech loading
weapons of all kinds;
12
THE LAW OF THE GUN: AN AUDIT OF FIREARMS CONTROL LEGISLATION
Definitions
Analytical category
SADC Firearms Protocol
UN Firearms Protocol
automatic rifles;
Other related materials /
parts and components
Article 1
“other related materials”
means any components, parts
or replacement parts of a
firearm that are essential to
the operation of the firearm;
Article 3
(b) “Parts and components” shall mean any
element or replacement
element specifically designed
for a firearm and essential to
its operation, including a
barrel, frame or receiver, slide
or cylinder, bolt or breech
block, and any device
designed or adapted to
diminish the sound caused by
firing a firearm;
National legislation
Breakdown of Tanzania’s
firearms control legislation
Controls on civilian possession and use
Licensing
Analytical category
International & regional agreements
Current national legislative controls
Conformity
Description of
licensing
process – how
firearms licence
is obtained
SADC Firearms Protocol Art. 5
(3) (a) (j)
Requires the prohibition of
unrestricted possession of small
arms by civilians.
Requires the monitoring and
auditing of licences held in a
person’s possession.
Bamako Declaration Art. 3 A
(iii)
Recommends establishing as a
criminal offence the illegal
possession of small arms and
light weapons.
UN Programme of Action II Art.
3
Recommends establishing as a
criminal offence the illegal
possession of small arms and
light weapons.
Arms and Ammunition Act, 1991
Art. 4 (1) Subject to this section, and to the other
provisions of this Act, no person shall posses,
except in a public or private warehouse, or use,
carry, have in his possession or under his control
any firearms or ammunition, unless he is in
possession of an arms licence issued under this
Act in relation to such arms or ammunition.
Art. 5 (1) The Minister shall, by order published in
the Gazette, appoint a person, public officer or
department of Government to be the Arms
Authority for the purposes of this Act.
(2) The Arms Authority may—
(a) grant to any person a licence either—
(i) to carry arms and ammunition,
(ii) to have arms and ammunition in his possession, or
(iii) to do both, subject to such conditions as he
may deem fit;
(b) renew any such licence and, in respect of it,
grant days of grace not exceeding fifteen in
number if he considers it necessary or expedient
to do so; and
(c) cancel any such licence.
(4) An appeal to the Minister shall lie from any
refusal by the Arms Authority to grant or renew
such licence or in respect of the cancellation by it
of any such licence.
(5) The Minister may, by notice published in the
Gazette determine the fee payable for the arms
licence.
Art. 6 (1) Notwithstanding section 5, the Commissioner of Police in charge of the affairs of the
police force for Tanzania Zanzibar shall be the
Arms Authority for the purposes of this Act.
(2) Arms licences granted in Mainland Tanzania
shall not be valid for the same purposes in relation
to the same or other arms and ammunition in
The national
provisions only
partially conform to
the international and
regional agreements. The
provisions do not
prohibit the
unrestricted
possession of small
arms by civilians and
do not restrict the
number of firearms
owned by a person.
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THE LAW OF THE GUN: AN AUDIT OF FIREARMS CONTROL LEGISLATION
Controls on civilian possession and use
Licensing
Analytical category
International & regional agreements
Current national legislative controls
Conformity
Tanzania Zanzibar; and arms licences granted in
relation to any arms or ammunition in Tanzania
Zanzibar shall not be valid in Mainland Tanzania in
relation to arms or ammunition there unless
endorsed by the Arms Authority or an authorized
officer appointed for the purpose by the Arms
Authority.
(3) No person may, in Tanzania Zanzibar, carry,
posses or use any arms or ammunition except
under and in accordance with the terms of an arms
licence granted by the Arms Authority in accordance with the provisions of this Act.
(4) For the purposes of the exercise and application of the provisions of this Act to and within
Tanzania Zanzibar, the Minister and the Arms
Authority shall ever take into account the geographical location of the area and the need to
safeguard the national, regional and international
interest in regard to public security.
Art. 25 No person shall keep a private warehouse
for arms and ammunition without a licence from
the Arms Authority.
Controls on civilian possession and use
Restrictions and conditions
Analytical category
International & regional agreements
Current national legislative controls
Conformity
Personal
suitability to
possess arms
Age restrictions
Competency test
SADC Firearms Protocol Art. 5
(3) (i)
Requires competency testing
The national
legislation does not
conform to the
SADC Firearms
Protocol
Quantity of
weapons
SADC Firearms Protocol Art. 5
(3) (j)
Requires restrictions on
quantities of weapons held
The national
legislation does not
conform to the
SADC Firearms
Protocol
Licence required
for each arm
Quantity of
Arms and Ammunition Act, 1991
Art. 4 (3) An arms licence shall describe the
firearm and ammunition to which it relates by
reference to the marks and numbers stamped and
registered in pursuance of this Act and shall be in
the prescribed form.
15
TANZANIA
Controls on civilian possession and use
Restrictions and conditions
Analytical category
International & regional agreements
Current national legislative controls
Conformity
ammunition
Type of weapon
SADC Firearms Protocol Art. 5
(3) (b)
Requires the total prohibition of
civilian possession and use of
light weapons.
Duration of
licence and
renewal
procedure
Withholding
information or
misrepresentation
The national
legislation does not
conform to the
SADC Firearms
Protocol
Arms and Ammunitions Act, 1991
Art. 5 (3) Unless in any particular case the Arms
Authority otherwise directs, such licence shall be
issued or renewed for a limited period only, shall
be made out in the name of the grantee, shall bear
a number and the dates of issue; or renewal, and
expiry, shall not be transferable, and shall specify
the arms and ammunition which it covers.
SADC Firearms Protocol Art. 5
(3) (l)
Requires provisions that prohibit
the misrepresentation or
withholding of any information
given with a view to obtain a
licence or permit.
Exemptions
The national
legislation does not
conform to the
SADC Firearms
Protocol
Arms and Ammunitions Act, 1991
Art. 4 (2) Subsection (1) shall not apply to any
exempted person.
Art. 5 (6) The Arms Authority may in his discretion
issue a written exemption to any person from the
provisions of this section. Such exemption may be
confined to any particular weapons or ammunition
specified in it, may be subject to such conditions
as such Arms Authority may deem fit, may be
included if desirable in some other form of licence,
authority or document issued by him, and shall be
subject to cancellation in the discretion of the Arms
Authority.
Controls on civilian possession and use
Possession and use
Analytical category
International & regional agreements
Current national legislative controls
Conformity
Restrictions on
application/ use
of firearm –
when, where,
how?
(potential cases
include: resisting
arrest, injure /
endanger person
or property,
handle firearm
under influence
SADC Firearms Protocol Art. 5
(3) (e)
Requires measures ensuring that
proper controls are exercised
over the possession and use of
firearms, ammunition and other
related materials.
Bamako Declaration Art. 3 A
(iii)
Recommends establishing as a
criminal offence the illegal
possession and use of small
Arms and Ammunition Act, 1991
Art. 4 (1) Subject to this section, and to the other
provisions of this Act, no person shall posses,
except in a public or private warehouse, or use,
carry, have in his possession or under his control
any firearms or ammunition, unless he is in
possession of an arms licence issued under this
Act in relation to such arms or ammunition.
The national
legislation only
partially conforms to
international and
regional agreements
as the controls over
possession are
vague and there are
no controls over use.
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THE LAW OF THE GUN: AN AUDIT OF FIREARMS CONTROL LEGISLATION
Controls on civilian possession and use
Possession and use
Analytical category
International & regional agreements
Current national legislative controls
Conformity
of drugs/alcohol,
negligent
discharge, point
gun without good
cause, restrictions on carriage
of firearm (when,
where (public
place)), how
(holster,
concealed etc))
arms and light weapons.
UN Programme of Action II Art.
3
Recommends establishing as a
criminal offence the illegal
possession of small arms and
light weapons.
Storage and
safekeeping
SADC Firearms Protocol Art. 5
(3) (i)
Requires effective controls over
firearms, including storage.
The national
legislation does not
conform to the
SADC Firearms
Protocol
Restrictions on /
conditions of
relinquishing
firearms: to
whom (authorised person,
dealer, licence
holder, relations
etc)
SADC Firearms Protocol Art. 5
(3) (i)
Requires restrictions on the
owner’s rights to relinquish
control, use and possession of
firearms, ammunitions and other
related materials.
The national
legislation does not
conform to the
SADC Firearms
Protocol
SADC Firearms Protocol Art 5
(3) (k)
Requires controls over pawning
and pledging of firearms,
ammunition and other related
materials.
The national
legislation does not
conform to the
SADC Firearms
Protocol
leasing / lending
pawning /
pledging
inheritance /
death
others
Notifying
authorities of
altered circumstances (death,
loss, theft,
change of
address, weapon
to gunsmith,
disposal,
destruction etc)
Others
carry licence
while in
possession,
civilian maintenance, repair,
17
TANZANIA
Controls on civilian possession and use
Possession and use
Analytical category
International & regional agreements
Current national legislative controls
Conformity
loading
Controls on civilian possession and use
Offences / penalties
Analytical category
International & regional agreements
Current national legislative controls
Conformity
Arms and Ammunitions Act, 1991
Art. 4 (4) Without prejudice to any other penalty to
which a person may believe under the provisions
of this Act, the fee for the renewal of an arms
licence which any person fails to renew within
three months after the date upon which is should
have been renewed shall be increased by fifty
percentum of the fee prescribed in relation to it.
Art. 10 Any person carrying or having in his
possession or moving, or reasonably suspected of
carrying or having in his possession or moving,
any firearms, ammunition or prohibited arms in
contravention of this Act may be arrested without a
warrant by any police officer, and shall be
conveyed as soon as may be to a police station, to
be dealt with according to law.
Record keeping and tracing
Marking
Analytical category
International & regional agreements
Current national legislative controls
Conformity
When? (import /
export / transit /
manufacture etc)
SADC Firearms Protocol Art. 5
(3) (g), 9 (1) and (2)
Requires provisions for the
standardised marking and
identification of firearms at the
time of manufacture, import or
export.
Bamako Declaration Art. 3 A
(iv)
Recommends establishing at the
national level the responsible
management of licit arms.
UN Firearms Protocol Art 6 (2)
Requires the marking of firearms
prior to their disposal.
UN Programme of Action Art. 7
Recommends manufacturers
apply an appropriate and reliable
marking to each small arm and
light weapon as an integral part
of the production process. This
marking should be unique and
should identify the country of
manufacture and also provide
Arms and Ammunition Act, 1991
Art. 23 Every person having in his possession or
control in the country any arms or ammunition
other than the arms and ammunition referred to in
the preceding section shall cause them to be
registered within the prescribed period and in the
prescribed manner, and, if so required, to be
stamped or marked by the prescribed person in
the prescribed manner.
Art. 33 (1) The Minister may, after consultation
with the Arms Authority for Tanzania Zanzibar,
make regulations—
(c) regulating the stamping, numbering, and
registering of arms and ammunition;
Conforms to Bamako
Declaration.
Partially conforms to
SADC Firearms
Protocol – does not
make specific
provision for a
standardised
marking and
identification system.
No regulations are
provided.
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THE LAW OF THE GUN: AN AUDIT OF FIREARMS CONTROL LEGISLATION
Record keeping and tracing
Marking
Analytical category
International & regional agreements
Current national legislative controls
Conformity
information that enables the
national authorities of that
country to identify the manufacturer and serial number so that
the authorities concerned can
identify and trace each weapon.
Art 8 Recommends states adopt
and enforce all the necessary
measures to prevent the
manufacture, stockpiling, transfer
and possession of any unmarked
or inadequately marked small
arms and light weapons.
Art 16 Recommends that
confiscated, seized and collected
small arms and light weapons
are destroyed, provided that
such weapons have been duly
marked and registered.
How? stamping /
engraving?
where on
weapon?
with what?
(unique alphanumeric symbol /
identifying
country and
manufacturer)
SADC Firearms Protocol Art. 9
(1) and (2)
UN Firearms Protocol Art. 8
UN Programme of Action
Section II Art. 7
The agreements require specific
provisions for a unique number
to be marked on the barrel,
frame or slide at the time of
manufacture or import. Such
information must permit
identification of country of
manufacture and manufacturer.
The national
legislation does not
conform to the
regional and
international
agreements.
Record keeping and tracing
Record keeping
Analytical category
International & regional agreements
Current national legislative controls
Conformity
Description of
record keeping
specifications
(what? where?
how? by whom?
for how long?
when must
authorities be
provided with
information?)
SADC Firearms Protocol Art. 5
(3) (d)
Requires state parties to
incorporate into their national
laws as a matter of priority the
regulation and centralised
registration of all civilian owned
firearms in their territories.
SADC Firearms Protocol Art. 8
(d)
State owned firearms – requires
state parties to establish systems
Arms and Ammunition Act, 1991
Art. 33 (1) The Minister may, after consultation
with the Arms Authority for Tanzania Zanzibar,
make regulations—
(f) prescribing the form and manner in which any
registers or records required by this Act or any
regulations under it shall be kept and their
inspection;
The national
legislation only
partially conforms to
the regional and
international
agreements. There
is no clear specification and regulation
for the centralised
registration of civilian
owned firearms. The
legislation does not
19
TANZANIA
Record keeping and tracing
Record keeping
Analytical category
International & regional agreements
Current national legislative controls
to verify the validity and
authenticity of documents issued
by licensing authorities in the
Region.
UN Firearms Protocol Art. 7
and 9
Requires the maintenance of
records of markings and other
information for not less than 10
years of firearms, ammunition
and components that are
necessary to trace illicitly
manufactured or trafficked arms.
Recommends records be kept of
all de-activated firearms.
UN Programme of Action
Section II Art. 9
Recommends ensuring
comprehensive and accurate
records are kept for as long as
possible on the manufacture,
holding and transfer of small
arms and light weapons.
Records should be maintained
and organised to facilitate
accurate and prompt information
retrieval.
Bamako Declaration Art. 3 A
(iv)
Recommends establishing at the
national level the responsible
management of licit arms.
Conformity
require state parties
to establish systems
to verify the validity
and authenticity of
documents issued in
the region and does
not require the
maintenance of
records for up to ten
years.
Record keeping and tracing
Offences / penalties
Analytical category
International & regional agreements
UN Firearms Protocol Art. 5 (1)
(a-c) (2) (a + b)
Requires the criminalisation of
illicit manufacturing of and
trafficking in firearms, their parts
and components, and of
falsifying or illicitly obliterating,
removing or altering markings.
Current national legislative controls
Conformity
The national
legislation does not
conform to UN
Firearms Protocol.
Does contain
provisions making it
an offence to illegally
falsify, obliterate or
remove or alter the
markings on a
firearm.
20
THE LAW OF THE GUN: AN AUDIT OF FIREARMS CONTROL LEGISLATION
Import, export and transit
Licensing
Analytical category
International & regional agreements
Current national legislative controls
Conformity
Description of
licensing
process
(licensing /
registration of
persons and
transactions?
Competency?
Duration of
licences?
Offence withhold
information?
Distinction
between civilian
and commercial
transfers?
Specifications of
licence –
information to be
included on
licence?
Required
documentation –
end-user
certificates etc?)
SADC Firearms Protocol Art. 5
(1)
Requires state parties to enact
the necessary legislation to
establish as criminal offences the
illicit trafficking in firearms and
ammunition.
UN Firearms Protocol Art 5 (1)
(b) Art 10 (1), (2) and (3)
Requires state parties to adopt
legislative and other measures
making the illicit trafficking in
firearms illegal.
Requires provisions catering for
the international transit of
firearms.
Requires provisions for verifying
the issuance of import licenses
and authority for transit.
Requires provisions outlining the
specific detailed information to
be included on export and import
licences. These should include a
minimum of:
•
Place and date of
issuance
•
Date of expiration
•
Country of export
•
Country of import
•
Final recipient
•
Description and
quantity of goods
•
Country of transit,
where appropriate.
UN Programme of Action
Section II Art. 2, Art. 11 and
Art. 12
Requires provisions catering for
international transit of firearms.
Mention should be made of the
requirement for end-user
certificates.
Bamako Declaration Art. 3 A
(iii) (vii)
Recommends establishing as a
criminal offence the illegal
trafficking of small arms and light
weapons.
Requires that states take
appropriate measures to control
arms transfers by manufacturers,
suppliers, traders, brokers,
shipping and transit agents
Arms and Ammunition Act, 1991
Art. 8 (1) After the commencement of this Act, it
shall be an offence for any person to export from
the United Republic any arms or any ammunition
except under a licence issued by an authorized
officer, for such or other arms, subject to the other
provisions of this section.
(2) An authorized officer may, subject to any
regulations, grant licences for the export of arms
and ammunition not intended for use for warlike
purposes to any place specified in the licence;
save that before granting the licence, the authorized officer shall satisfy himself that the arms and
ammunition are not intended for disposal in any
way contrary to the provisions of the Convention.
(3) In granting the export licence, the authorized
officer may attach to the licence any term and
condition consistent with the provisions of this
Ordinance and of the Convention which he may
think advisable, and in particular may limit the
licence to exportation to a named consignee.
(4) In the case of arms and ammunition adapted
both to warlike and also to other purposes, the
Arms Authority may determine from the size,
destination and other circumstances of each
consignment for what use they are intended, and
decide in each case whether or not they are to be
regarded as arms or armaments and ammunition.
Art. 9 (1) Except as may be allowed by regulations
or by licence granted by the Arms Authority, it shall
be unlawful for any person to import into the
United Republic or into Tanzania Zanzibar any
arms or ammunition of any description.
(2) Any arms or ammunition allowed to be
imported shall be landed only at the prescribed
ports.
(3) This and the preceding section shall have
effect as if they formed part of the East African
Customs and Transfer Tax Management Act.
The national
legislation does not
conform to the
regional and
international
agreements as there
is no provision
relating to the import
and transit of
firearms. There is
no provision for
detailed information
on those items listed
under the UN
Programme of
Action.
Does not conform to
the UN Programme
of Action. Does not
require end-user
certificates.
21
TANZANIA
Import, export and transit
Marking
Analytical category
International & regional agreements
What conditions
pertain?
SADC Firearms Protocol Art. 5
(3) (g)
Requires provisions for the
standardised marking and
identification of firearms at the
time of import or export.
Bamako Declaration Art. 3 A
(iv)
Recommends establishing at the
national level the responsible
management of licit arms.
SADC Firearms Protocol Art. 9
(1) and (2)
UN Firearms Protocol Art. 8
UN Programme of Action
Section II Art. 7 and Art. 8
The agreements require specific
provisions for a unique number
to be marked on the barrel,
frame or slide at the time of
import or manufacture. Such
information must permit
identification of country of
manufacture and manufacturer.
Require provision prohibiting the
manufacture, stockpiling, transfer
or possession of unmarked
weapons.
Current national legislative controls
Conformity
The national
legislation does not
conform to regional
and international
agreements.
Import, export and transit
Restrictions
Analytical category
International & regional agreements
Where, how and
what? (conditions of carriage)
UN Firearms Protocol Art. 11
Requires measures to detect,
prevent and eliminate the theft,
loss or diversion of, as well as
manufacturing of and trafficking
in, firearms, their parts and
components and ammunition.
Includes measures to enhance
security and measures to
increase the effectiveness of
import, export and transit
controls.
Current national legislative controls
Conformity
The national
legislation does not
conform to regional
and international
agreements.
22
THE LAW OF THE GUN: AN AUDIT OF FIREARMS CONTROL LEGISLATION
Import, export and transit
Record keeping
Analytical category
International & regional agreements
Current national legislative controls
Conformity
What? submission to authorities?
UN Programme of Action
Art 9 Recommends that
comprehensive and accurate
records are kept for as long as
possible on the manufacture,
holding and transfer of small
arms and light weapons. These
records should be organized and
maintained in such a way as to
ensure that accurate information
can be promptly retrieved and
collated by competent national
authorities.
Current national legislative controls
Conformity
Current national legislative controls
Conformity
International & regional agreements
Current national legislative controls
Conformity
UN Firearms Protocol Art. 5 (1)
(b + c) (2) (a - b)
Requires provisions relating to
the illicit manufacturing and
trafficking in or interfering with
markings for firearms and those
acting as accomplices or who
organise, direct, aid, abet,
facilitate or council the commission of such offences.
Arms and Ammunition Act, 1991
Art. 10 Any person carrying or having in his
possession or moving, or reasonably suspected of
carrying or having in his possession or moving,
any firearms, ammunition or prohibited arms in
contravention of this Act may be arrested without a
warrant by any police officer, and shall be
conveyed as soon as may be to a police station, to
be dealt with according to law.
The national
legislation does not
conform to the UN
Programme of
Action. There is no
provision relating to
interfering with
markings. In
addition, there is no
specification
Import, export and transit
Special conditions
Analytical category
International & regional agreements
Temporary
import, export?
dignitaries,
diplomats,
tourists?
Import, export and transit
Re-export provisions
Analytical category
International & regional agreements
Import, export and transit
Offences / penalties
Analytical category
23
TANZANIA
Import, export and transit
Offences / penalties
Analytical category
International & regional agreements
Current national legislative controls
Conformity
criminalising the
unlicensed import,
export and transit of
arms and ammunition.
Brokering
Description of brokering controls
Analytical category
International & regional agreements
Current national legislative controls
SADC Firearms Protocol Art. 5
(3) (m)
Bamako Declaration Art. 3 A
(vii) B (iv)
UN Firearms Protocol Art. 15
UN Programme of Action
Section II Art. 14
Requires adequate national
legislation or administrative
procedures regulating the
activities of those who engage in
small arms and light weapons
brokering, including shipping and
transit agents. This should
include measures such as
registration of brokers, licensing
or authorization of brokering
transactions as well as the
appropriate penalties for all illicit
brokering activities performed
within the State’s jurisdiction and
control.
UN Firearms Protocol Art. 5 (2)
(a) and (b) and Art. 14
Requires provisions relating to
the illicit trafficking in firearms
and those acting as accomplices
or who organise, direct, aid, abet,
facilitate or council the commission of such offences.
Requires adequate legislation
regulating the activities of those
who engage in small arms and
light weapons brokering.
Conformity
The national
legislation does not
comply with the
regional and
international
agreements.
Brokering
Offences / penalties
Analytical category
International & regional agreements
Current national legislative controls
Conformity
24
THE LAW OF THE GUN: AN AUDIT OF FIREARMS CONTROL LEGISLATION
Manufacture
Licensing
Analytical category
International & regional agreements
Current national legislative controls
Conformity
Description of
licensing
process
(Competency?
Duration of
licences?
Offence withhold
information?
Specifications of
licence –
information to be
included on
licence?
distinction
between firearm
and ammunition
manufacturing?
limits on
quantities
produced?)
SADC Firearms Protocol Art. 5
(1) and (3) (e)
Requires states to enact
legislation to establish as
criminal offences the illicit
manufacturing of firearms,
ammunition and other related
materials.
Requires measures ensuring that
proper controls are exercised
over the manufacturing of
firearms, ammunition and other
related materials.
Bamako Declaration Art. 3 A
(iii)
Recommends establishing as a
criminal offence the illicit
manufacturing of small arms and
light weapons.
UN Firearms Protocol Art. 5 (1)
+ (2)
Requires state parties to adopt
legislation and other measures
making the illicit manufacturing of
firearms and ammunition a
criminal offence.
UN Programme of Action II Art.
3
Recommends establishing as a
criminal offence the illegal
manufacture of small arms and
light weapons.
Arms and Ammunition Act, 1991
Art. 20 No arms or ammunition shall be manufactured or assembled except at arsenals established
by the Government in accordance with the
provisions of the Convention.
The national
legislation does not
fully conform to the
regional and
international
agreements in that it
does not criminalise
the illicit manufacturing of arms and
ammunition.
Manufacture
Marking
Analytical category
International & regional agreements
Current national legislative controls
Conformity
What conditions
pertain?
SADC Firearms Protocol Art. 5
(3) (g)
Requires provisions for the
standardised marking and
identification of firearms at the
time of manufacture.
Bamako Declaration Art. 3 A
(iv)
Recommends establishing at the
national level the responsible
management of licit arms.
SADC Firearms Protocol Art. 9
(1) and (2)
UN Firearms Protocol Art. 6 (2)
and 8
UN Programme of Action
Section II Art. 7
The agreements require specific
provisions for a unique number
to be marked on the barrel,
frame or slide at the time of
manufacture or import. Such
Arms and Ammunition Act, 1991
Art. 23 Every person having in his possession or
control in the country any arms or ammunition
other than the arms and ammunition referred to in
the preceding section shall cause them to be
registered within the prescribed period and in the
prescribed manner, and, if so required, to be
stamped or marked by the prescribed person in
the prescribed manner.
The national
legislation does not
conform to the
international and
regional agreements
as it does not specify
the need for a
unique number to be
marked at time of
manufacture. Nor
does it specify the
standardised
marking and
identification of
firearms at the time
of manufacture.
25
TANZANIA
Manufacture
Marking
Analytical category
International & regional agreements
Current national legislative controls
Conformity
Current national legislative controls
Conformity
information must permit
identification of country of
manufacture and manufacturer.
Manufacture
Record keeping
Analytical category
International & regional agreements
What? submission to authorities?
SADC Firearms Protocol Art. 5
(3) (e) and 9 (1)
State parties are required to
enact measures to ensure the
proper controls are exercised
over firearms manufacturing.
State Parties undertake to
establish agreed systems to
keep proper records of firearm
markings.
UN Programme of Action
Section II Art. 9
Requires ensuring that accurate
records are kept for as long as
possible on the manufacture of
small arms and light weapons.
Records should be maintained
and organised to ensure
accurate and prompt retrieval of
information.
UN Firearms Protocol Art. 7
Requires the maintenance of
records for not less than 10
years of information in relation to
firearms.
The national
legislation does not
conform to the
regional and
international
agreements.
Manufacture
Premises
Analytical category
International & regional agreements
Registration of
premises?
conditions of
storage?
restrictions on
type / location?
UN Firearms Protocol Art. 11
Requires state parties to take
appropriate measures to ensure
the security of firearms, their
parts and components and
ammunition to prevent theft, loss
and diversion at the time of
manufacture.
Current national legislative controls
Conformity
The national
legislation does not
conform to the UN
Firearms Protocol
26
THE LAW OF THE GUN: AN AUDIT OF FIREARMS CONTROL LEGISLATION
Manufacture
Restrictions on sale / transfer
Analytical category
International & regional agreements
To whom? what?
conditions to be
met? (documentation and
reporting?)
Bamako Declaration Art. 3 A.
(vii)
Requires that states take
appropriate measures to control
arms transfers by manufacturers,
suppliers, traders, brokers,
shipping and transit agents
Current national legislative controls
Conformity
The national
legislation does not
conform to the
Bamako Declaration
Manufacture
Quality control / standards
Analytical category
International & regional agreements
Current national legislative controls
Conformity
Current national legislative controls
Conformity
Manufacture
Gunsmiths
Analytical category
International & regional agreements
Conditions /
controls relating
to repair and
modification
(cross reference
to deactivation
controls)
Arms and Ammunition Act, 1991
Art. 21 No arms other than smooth bore muzzleloading arms shall be repaired except at Government arsenals or at arsenals or establishments
licensed by the Arms Authority for the purpose.
Before such a licence is granted guarantees shall
be given for the observance of the rules of the
Convention in such form as the Minister shall
direct.
Manufacture
Offences / penalties
Analytical category
International & regional agreements
SADC Firearms Protocol Art. 5
(1)
Requires state parties to enact
legislation and take other
measures to establish as a
criminal offence under national
law the illicit manufacturing of
firearms, ammunition and other
related materials.
UN Firearms Protocol Art. 5 (2)
(a) and (b)
Stipulates including provisions
Current national legislative controls
Conformity
The national
legislation does not
conform to the UN
Firearms Protocol.
27
TANZANIA
Manufacture
Offences / penalties
Analytical category
International & regional agreements
Current national legislative controls
Conformity
relating to the illicit manufacturing and trafficking in or interfering
with markings for firearms and
those acting as accomplices or
who organise, direct, aid, abet,
facilitate or council the commission of such offences.
Bamako Declaration Art 3 A
(iii)
Requires state parties to adopt
legislative and other measures to
establish as a criminal offence
under national law, the illicit
manufacturing of small arms and
light weapons.
Trade
Licensing
Analytical category
International & regional agreements
Current national legislative controls
Conformity
Description of
licensing
process
(Competency?
Duration of
licences?
Offence withhold
information?
Specifications of
licence –
information to be
included on
licence? limits on
quantities
traded?)
SADC Firearms Protocol Art. 5
(3) (f)
Requires state parties to enact
legislation promoting legal
uniformity and minimum
standards in the transfer of
firearms.
Bamako Declaration Art. 3 A
(vii)
Recommends that Member
States should take appropriate
measures to control arms
transfers by traders.
UN Programme of Action II Art.
3
Recommends establishing as a
criminal offence the illegal trade
in small arms and light weapons.
Arms and Ammunition Act, 1991
Art. 24 No person shall sell or transfer or buy or
accept any arms or ammunition, either by way of
gift or for any consideration, except in accordance
with a permit signed by an authorised office.
The national
legislation does not
conform to the
international and
regional agreements
insofar as it does not
criminalise the illegal
trafficking or trade in
firearms and there is
no provision for legal
uniformity and
minimum standards
in the transfer of
firearms.
International & regional agreements
Current national legislative controls
Conformity
Trade
Marking
Analytical category
What conditions
pertain?
28
THE LAW OF THE GUN: AN AUDIT OF FIREARMS CONTROL LEGISLATION
Trade
Record keeping
Analytical category
International & regional agreements
What? submission to authorities?
Bamako Declaration Art. 3 (vii)
Recommends that member
states should take appropriate
measures to control arms
transfers by traders.
UN Firearms Protocol Art 7
Requires the maintenance of
records for not less than 10
years of information in relation to
firearms.
Current national legislative controls
Conformity
The national
legislation does not
conform to the
international and
regional agreements.
Trade
Premises
Analytical category
International & regional agreements
Registration of
premises?
conditions of
storage?
restrictions on
type / location?
Current national legislative controls
Conformity
Arms and Ammunition Act, 1991
Art. 25 No person shall keep a private warehouse
for arms and ammunition without a licence from
the Arms Authority.
Art. 26 A person licensed to keep a private
warehouse shall—
(a) reserve for the purpose enclosed premises
having only one entry provided with two locks, one
of which can be opened only by officers of the
government;
(b) be responsible for all arms and ammunition
deposited in them and account for them on
demand of any authorized officer, and shall for this
purpose keep a register of deposits and withdrawals in the prescribed form. Every entry in such
register shall—
(i) be made at the time of or immediately after the
deposit or withdrawal;
(ii) be dated;
(iii) be numbered consecutively;
(iv) contain particulars of the arms and ammunition
in respect of which they are made by reference to
the marks and numbers stamped and registered in
pursuance of the provisions of this Act;
Trade
Restrictions on sale / transfer
Analytical category
International & regional agreements
To whom? what?
conditions to be
met? (documentation and
reporting?)
Bamako Declaration Art. 3 A.
(vii)
Requires that states take
appropriate measures to control
arms transfers by manufacturers,
suppliers, traders, brokers,
shipping and transit agents
Current national legislative controls
Conformity
The national
legislation does not
conform to the
Bamako Declaration.
29
TANZANIA
Trade
Quality control / standards
Analytical category
International & regional agreements
Current national legislative controls
Conformity
Current national legislative controls
Conformity
Trade
Pawning / pledging restrictions
Analytical category
International & regional agreements
SADC Firearms Protocol Art 5
(3) (k)
Stipulates the prohibition of
pawning and pledging
The national
legislation does not
conform to the
SADC Firearms
Protocol
Trade
Transfer and possession restrictions
Analytical category
Restrictions /
special
conditions for
business
purposes?
International & regional agreements
Current national legislative controls
Arms and Ammunition Act, 1991
Art. 27 (1) No arms or ammunition shall be
deposited in or withdrawn from a private warehouse except on written application in the
prescribed form and in accordance with a permit
signed by an authorized officer.
(2) If at any time there is found in a private
warehouse more arms and ammunition than the
quantity for which permits to deposit have been
granted, the licence shall be guilty of an offence
against this Act.
(3) If at any time there is found in a private
warehouse less arms and ammunition than the
quantity which has been deposited in it or than the
quantity which according to the register of deposits
appears to have been deposited in it, and the
deficiency is not accounted for by withdrawals
under permits to withdraw, the licensee shall be
guilty of an offence against this Act.
Art. 28 (1) Permits to withdraw arms or ammunition from a private warehouse shall only be
granted in the following cases—
(a) where the withdrawal is for the purposes of a
sale or transfer in which case the permit for the
sale or transfer and the arms licence of the
purchaser or transferee must be produced by the
applicant; save that where such sale or transfer is
of gun power or caps to a local authority or to a
person acting on its behalf, the production by such
local authority or person acting on its behalf of the
permit for the sale or transfer shall be sufficient;
(b) for the purposes of export, in which case any
licence or permit required must be produced;
(c) for the removal from one private warehouse to
another or to a public warehouse;
(d) for the purpose of exhibition in such premises
Conformity
30
THE LAW OF THE GUN: AN AUDIT OF FIREARMS CONTROL LEGISLATION
Trade
Transfer and possession restrictions
Analytical category
International & regional agreements
Current national legislative controls
Conformity
as may be specified in the permit.
(2) Every such permit shall describe the arms and
ammunition to which it relates by reference to the
marks and numbers stamped and registered in
pursuance of the provisions of this Act.
(3) Where the permit is given for the purposes of
exhibition, the owner shall be responsible for its
safe custody, and if any such arms or ammunition
are removed from the premises in which they are
permitted to be deposited without the permit of an
authorized officer, the owner shall be guilty of an
offence against this Act.
Trade
Offences / penalties
Analytical category
International & regional agreements
Current national legislative controls
UN Firearms Protocol Art. 5 (1)
(b) and 5 (2) (a) and (b)
Requires state parties to adopt
legislative and other measures to
establish as a criminal offence
the illicit trafficking in firearms.
Requires provisions relating to
the illicit manufacturing and
trafficking in or interfering with
markings for firearms and those
acting as accomplices or who
organise, direct, aid, abet,
facilitate or council the commission of such offences.
Conformity
The national
legislation does not
conform to the UN
Firearms Protocol.
Seizure, disposal and enforcement
Seizure, confiscation, forfeiture
Analytical category
International & regional agreements
Current national legislative controls
Conformity
Description of
controls /
provisions
SADC Firearms Protocol Art. 5
(3) (h)
Requires provisions on seizure,
confiscation and forfeiture to the
State of all firearms, ammunition
and other related materials
manufactured or conveyed in
transit without or in contravention
of licences, permits, or written
authority.
UN Firearms Protocol Art. 6 (1)
Requires state parties to adopt
measures to enable the
confiscation of firearms that have
been illicitly manufactured or
trafficked.
Arms and Ammunition Act, 1991
Art. 37 Any arms or ammunition and any vessel in
respect of or in connexion with which an offence
has been committed under this Act may, if the
court thinks fit, be forfeited to the Government.
Art. 38 Any arms or ammunition which are found
in any building, vessel, aircraft, or place without
any apparent owner may whether or not any
person is charged with or convicted of any offence
in connexion with them, be ordered by the court to
be forfeited to the Government.
Art. 40 When any officer or other person executing
a search warrant has reasonable cause to believe
that any arms or ammunition found by him in any
place, ship or vehicle are being kept, conveyed,
landed or sold in contravention of this Act or any
The national
legislation does not
conform to the
SADC Firearms
Protocol and UN
Firearms Protocol
since it does not
specifically provide
for the seizure,
confiscation and
forfeiture to the state
of all firearms,
ammunition and
other related
materials manufactured or conveyed in
31
TANZANIA
Seizure, disposal and enforcement
Seizure, confiscation, forfeiture
Analytical category
International & regional agreements
Current national legislative controls
Conformity
regulation, he may seize and detain the same until
a magistrate has decided whether or not they are
liable to be forfeited.
transit without or in
contravention of
licences, permits or
written authority.
Seizure, disposal and enforcement
Disposal and destruction
Analytical category
International & regional agreements
Description of
controls /
provisions
SADC Firearms Protocol Art.
11 (1)
UN Programme of Action
Section II Art. 16
UN Firearms Protocol Art. 6 (2)
Specify the need for provisions to
ensure the destruction of
confiscated, seized or collected
firearms where no other form of
disposition or use has been
officially sanctioned.
If firearms are destroyed or
disposed of, the methods of
disposal of those firearms and
ammo have to be recorded.
Bamako Declaration Art. 3 A
(iv)
Recommends that Member
States should develop and
implement programmes for the
identification and destruction of
surplus, obsolete and seized
stocks.
Current national legislative controls
Conformity
The national
legislation does not
conform to the
regional and
international
agreements.
Seizure, disposal and enforcement
Deactivation
Analytical category
International & regional agreements
Description of
controls /
provisions
UN Firearms Protocol Art. 9
Specifies the need for provisions
relating to deactivated firearms
and for making it an offence to
reactivate previously deactivated
firearms or provisions for issuing
of a certificate of deactivation or
the stamping of marks to that
effect.
Current national legislative controls
Conformity
The national
legislation does not
conform to the UN
Firearms Protocol.
32
THE LAW OF THE GUN: AN AUDIT OF FIREARMS CONTROL LEGISLATION
Seizure, disposal and enforcement
Inspection / enforcement
Analytical category
International & regional agreements
Current national legislative controls
Conformity
Description of
controls /
provisions
SADC Firearms Protocol Art. 5
(3) (j)
Requires the monitoring and
auditing of licences held in a
person’s possession.
Arms and Ammunitions Act, 1991
Art. 39 It shall be lawful for any police officer to
stop, and to search for arms—
(a) any person whom he may find in any street or
other public place between the hours of p.m. and 6
a.m.; and
(b) 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 in his possession.
The national
legislation does not
conform to the
SADC Firearms
Protocol since it
does not require the
monitoring and
auditing of licences
held in a person’s
possession.
Seizure, disposal and enforcement
Offences / penalties
Analytical category
International & regional agreements
Current national legislative controls
Conformity
Current national legislative controls
Conformity
Arms embargoes
Overview
Analytical category
International & regional agreements
Relevant
provisions
SADC Firearms Protocol Art. 5
(2)
Requires specific provision to
sanction the violation of UN
Security Council arms embargoes.
Bamako Declaration Art. 3 A
(vi)
UN Programme of Action
Section II Art. 15
Requires measures against any
activity that violates UN Security
Council arms embargoes.
The national
legislation does not
conform to the
international and
regional agreements.
Arms embargoes
Offences / penalties
Analytical category
International & regional agreements
Current national legislative controls
Conformity
33
TANZANIA
State-owned firearms
Overview
Analytical category
International & regional agreements
Current national legislative controls
UN Programme of Action
Section II Art. 17
Requires controls relating to the
management and security of
state stocks including:
• Appropriate locations for
stockpiles
• Physical security measures
• Control of access to stocks
• Inventory management and
accounting control
• Staff training
• Security accounting and
control of firearms relating to
operation units
• Controls on theft and loss.
Conformity
The national
legislation does not
conform to the UN
Programme of Action
State-owned firearms
Possession and use by state employees
Analytical category
International & regional agreements
Current national legislative controls
Conformity
Current national legislative controls
Conformity
Licensing
requirements?
special
conditions?
controls?
State-owned firearms
Record keeping
Analytical category
International & regional agreements
UN Programme of Action
Section II Art. 10
Requires provision to ensure
responsibility for weapons held
and issued by the state and
effective measures for tracing
such weapons.
SADC Firearms Protocol Art. 8
(a)
Provides for the state to establish
and maintain complete national
inventories of firearms, ammunition and other related materials
held by security forces and other
state bodies.
The national
legislation does not
conform to the UN
Programme of Action
and the SADC
Firearms Protocol.
34
THE LAW OF THE GUN: AN AUDIT OF FIREARMS CONTROL LEGISLATION
State-owned firearms
Storage
Analytical category
International & regional agreements
Stockpile
management
SADC Firearms Protocol Art. 8
(b)
Stipulates the enhancement of
capacity to manage and maintain
secure storage of state-owned
firearms.
UN Programme of Action
Section II Art. 17 and 18
Stipulates the need for provisions
relating to the management,
security and review of state-held
stocks. These standards and
procedures, inter alia, relate to:
appropriate locations for
stockpiles, physical security
measures, control of access to
stocks, inventory management
and accounting control.
Current national legislative controls
Conformity
The national
legislation does not
conform to the UN
Programme of
Action or the SADC
Firearms Protocol.
State-owned firearms
Import, export, transfer, transit
Analytical category
International & regional agreements
Controls over
import, export,
transfer, transit
(of state-owned
firearms)
UN Firearms Protocol Art. 8 (c)
Requires provision for the unique
marking of firearms when
transferred from government
stocks to permanent civilian use.
Current national legislative controls
Conformity
The national
legislation does not
conform to the UN
Firearms Protocol.
State-owned firearms
Disposal / destruction
Analytical category
International & regional agreements
Surpluses,
including
redundant,
obsolete, seized
and collected
firearms in state
possession
SADC Firearms Protocol Art 10
(1)
Bamako Declaration Art. 3 A
(iv)
UN Programme of Action
Section II Art. 16 and 18
Provide that all confiscated,
seized or collected SALW are
destroyed subject to any legal
constraints.
Stipulates the need for provisions
to regularly review state held
stocks, to identify surpluses and
have procedures in place for the
responsible disposal, preferably
through destruction of such
surpluses.
Current national legislative controls
Conformity
The national
legislation does not
conform to the
international and
regional agreements.
This report is part of Saferworld’s Arms and Security Programme
and a project of SaferAfrica’s Arms Unit. An earlier draft of this
report was presented at a seminar in Brussels in November 2002
entitled: ‘Advancing implementation of the SADC Firearms
Protocol: Deepening SADC-EU Co-operation’.
SaferAfrica is a not-for-profit organisation that assists
governments and civil society to implement agreed policy on
peace and security. Its headquarters are in Pretoria, South Africa.
Saferworld is an independent foreign affairs think tank, based
in London, UK, working to identify, develop and publicise more
effective approaches to tackling and preventing armed conflicts.
SaferAfrica
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South Africa
Phone:
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Email:
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ISBN 0 948546 93 X
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UK
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Email:
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