|
ARMS AND AMMUNITION DECREE, 1972 (NRCD
9)
As amended
ARRANGEMENT OF SECTIONS
Section
1. All arms and ammunition to be
registered
2. Method of registration
3. Change of ownership or
possession of arms or ammunition
to be registered
4. Expiry of permit
5. Control of imports and exports
6. Manufacture of arms and
ammunition
7. Control of public display of
arms or ammunition, etc
8. Arms or ammunition may be
seized in national interest
9. Forfeiture
10. Central Register to be kept
10A. Fees Payable
11. Offences
12. Regulations
13. Interpretation
14. Repeals and savings
SCHEDULES
First Schedule—Application to
register arms or ammunition,
including explosives
Second Schedule—Fees payable
IN pursuance of the National
Redemption Council (Establishment)
Proclamation, 1972, this Decree is
hereby made:
Section 1—All Arms and Ammunition
to be Registered.
(1) Every person who owns,
possesses or controls any arms or
ammunition (including explosives)
shall forthwith apply to register
those arms or ammunition at the
nearest police station.
(2) This section shall apply to
any arms and ammunition
notwithstanding that any licence,
permit or authorisation has been
granted in respect thereof under
any other enactment before the
commencement of this Decree:
Provided that no fee shall be
payable in respect of any permit
issued under subsection (3) of
section 2, in respect of a period
for which there is in force in
relation to the arms or ammunition
in question a valid licence issued
under any enactment.
(3) This section shall apply in
respect of all arms and ammunition
within Ghana, including the
territorial waters.
(4) This section shall not apply
so as to require the registration
of arms or ammunition forming part
of the regular equipment of the
Armed Forces or the Police
Service, but shall apply in
respect of all arms and ammunition
acquired by the Armed Forces or
the Police Service otherwise than
as part of such regular equipment.
(5) This section shall apply in
respect of all arms and ammunition
held by any Department of
Government.
Section 2—Method of Registration.
(1) Every person applying to
register arms or ammunition in
accordance with section 1 shall
complete the form contained in the
First Schedule to this Decree.
(2) No application for
registration shall be accepted
until the arms or ammunition are
produced for inspection by the
police—
(a) where practicable, at the
police station at which the
application is made; or
(b) where such production is
impracticable, at the place at
which the arms or ammunition are
kept.
(3) Where an application for
registration is duly submitted and
the arms or ammunition are duly
produced and inspected by the
police, the police officer
authorised to effect the
registration shall register the
arms or ammunition in accordance
with this Decree, and shall issue
to the applicant, upon payment by
him of the fee prescribed in the
Second Schedule, a permit
entitling him to possess those
arms or ammunition for such
purposes and subject to such
conditions as may be specified in
the permit, which may include a
condition requiring the person
licensed to account for the use of
any ammunition.
(4) A permit shall be valid for
six months or for such other
period as the Inspector-General of
Police may determine, and shall
then expire.
Section 3—Change of Ownership or
Possession of Arms or Ammunition
to be Registered.
(1) No person who possesses arms
or ammunition in accordance with
a valid permit granted under
section 2 shall at any time sell,
dispose or part with the
possession of those arms or
ammunition to any other person
until—
(a) he has applied in writing to
the Inspector-General of Police
for permission to do so; and
(b) the Inspector-General of
Police has granted such
permission, subject to such
conditions as he thinks fit.
(2) Where the Inspector-General of
Police grants permission in
accordance with subsection (1),
the holder of the permit shall
surrender it to the issuing
authority who shall thereupon
re-register the arms or ammunition
in the name of the new holder
thereof, amend the permit
accordingly, and deliver the
permit to the new holder.
(3) A permit delivered to a new
holder in accordance with
subsection (2) shall continue in
force in accordance with its
original terms and such additional
conditions as the
Inspector-General of Police may
impose, and shall continue in
force until the date of expiry
originally specified therein.
Section 4—Expiry of Permit.
(1) A permit may be renewed for
further periods not exceeding six
months at a time, or such other
period as the Inspector-General of
Police may determine, upon
application made to the issuing
authority on or before the date of
expiry of the permit.
(2) An application to renew a
permit shall be accompanied by the
renewal fee specified in the
Second Schedule.
(3) Where a permit is not renewed
before its expiry, the holder of
the permit shall immediately
surrender it to the issuing
authority and shall also surrender
to the issuing authority all arms
and ammunition held by him in
respect of which the permit was
granted.
Section 5—Control of Imports and
Exports.
(1) No person shall import or
export any arms or ammunition
(including explosives) without the
prior consent in writing of the
National Redemption Council.
(2) The National Redemption
Council may issue a permit to any
person authorising him to import
or export the arms or ammunition
(including explosives) specified
therein, subject to such
conditions and restrictions as the
National Redemption Council may
think fit to impose.
Section 6—Manufacture of Arms and
Ammunition.
No person shall, except with the
written consent of the National
Redemption Council and subject to
such conditions and restrictions
as the Council may determine,
manufacture any arms or ammunition
(including explosives).
Section 7—Control of Public
Display of Arms or Ammunition,
Etc.
(1) No person shall, except in
accordance with the terms of a
permit granted under this Decree
or with the written consent of the
Inspector-General of Police,
publicly display any arms or
ammunition (including explosives)
or discharge any firearm or other
weapon in any public place.
(2) Without prejudice to the
generality of subsection (1), that
subsection shall apply to the
performance of traditional
ceremonies.
Section 8—Arms or Ammunition may
be Seized in National Interest.
(1) Notwithstanding any of the
foregoing provisions of this
Decree or of any other enactment,
the National Redemption Council
may, where it considers it in the
national interest so to do,
authorise any member of the Police
Service or the Armed Forces to
seize any arms or ammunition
wherever they may be.
(2) The officer effecting the
seizure shall deliver a written
receipt for the articles seized to
the person appearing to him to be
the owner, or in possession or
control, of those articles.
(3) Any officer authorised to
effect a seizure under this
section shall have power for that
purpose, subject to any directions
of the National Redemption
Council, to enter and search any
premises, place or vehicle
whatsoever, to require that any
premises, place, vehicle or
article be opened or made
available to his inspection, and
to break open or in any manner
gain admittance to any premises,
place, vehicle or article where he
finds any obstruction to such
admittance.
(4) No civil action shall be
brought against any officer acting
under this section in respect of
any act done by him in good faith
in the execution or intended
execution of the provisions of
this section.
Section 9—Forfeiture.
(1) Unless the National Redemption
Council otherwise directs, there
shall be forfeited to the Republic
all arms or ammunition (including
explosives)—
(a) used in the commission of any
criminal offence; or
(b) surrendered under section
4(3); or
(c) seized in accordance with
section 8.
(2) Any article forfeited in
accordance with this section may
be disposed of as the National
Redemption Council may direct.
Section 10—Central Register to be
Kept.
(1) The Inspector-General of
Police shall maintain a Central
Arms and Ammunition Register of
all arms and ammunition (including
explosives) registered in
accordance with this Decree.
(2) The officer in charge of every
police station shall, upon
effecting any registration under
this Decree, as soon as
practicable notify the fact of
such registration to the
Inspector-General of Police for
incorporation in the Central
Register.
Section 10A.—Fees Payable.
The fees specified in column 2 of
the Second Schedule to this Act
are payable in respect of the
matters specified in relation to
them in column 1. [As inserted by
the Arms and Ammunition
(Amendment) Act, 1996 (Act 519),
s.1]
Section 11—Offences.
(1) Any person who—
(a) contravenes any provision of
this Decree or any condition or
restriction imposed in respect of
any permit granted to him; or
(b) obstructs any member of the
Police Service or of the Armed
Forces in the exercise of any
function conferred upon him by
this Decree; or
(c) wilfully makes any false
statement in connection with any
application under this Decree; or
(d) forges, alters or defaces any
permit granted under this Decree;
or
(e) has in his possession without
lawful authority any permit
granted under this Decree; or
(f) makes or knowingly has in his
possession or control any
explosive (including any gunpowder
or fuse) under such circumstances
as to give rise to a reasonable
suspicion that he is not making it
or does not have it in his
possession or control for a lawful
object,
shall be guilty of an offence and
liable on summary conviction to a
fine not exceeding ¢5 million or
to imprisonment not exceeding five
years or to both.[As amended by
the Arms and Ammunition
(Amendment) Act, 1996 (Act 519),
s.2]
(2) Where an offence under this
Decree or under any regulations
made thereunder is committed by a
body of persons—
(a) where the body of persons is a
body corporate, every director or
officer of that body corporate
shall be deemed to be guilty of
that offence; and
(b) where the body of persons is a
firm, every partner of that firm
shall be deemed to be guilty of
that offence.
Section 12—Regulations.
The National Redemption Council
may by legislative instrument make
regulations—
(a) amending any provision of the
Schedules to this Decree;
(b) exempting any person or class
of persons from all or any of the
provisions of this Decree;
(c) regulating the conveyance,
storage, possession and use of
arms and ammunition (including
explosives);
(d) prohibiting the import, export
or possession of any specified
kind of arms or ammunition
(including explosives);
(e) generally for giving effect to
the provisions of this Decree.
Section 13—Interpretation.
In this Decree—
"ammunition" includes explosives,
all munitions of war, and all
materials for loading firearms;
"arms" includes firearms and
offensive weapons of all
descriptions, artillery, apparatus
for the discharge of all kinds of
projectiles, explosive or
gas-diffusing, flame-throwers,
bombs, grenades, machine-guns and
rifled small-bore breech-loading
weapons of all kinds, and includes
also all parts of any of the
foregoing;
"explosives" includes gunpowder,
nitro-glycerine, dynamite, or
other nitro-glycerine admixture,
gun cotton, blasting power,
detonators, and every other
substance used to produce a
practical effect by explosion;
"firearms" includes any gun,
rifle, machine-gun, cap-gun,
flint-lock gun or pistol,
revolver, pistol, cannon or other
firearm, and any air gun, air
rifle, or air pistol, whether
whole or in detached pieces.
"first class arms and ammunition
dealer" means a person whose
annual importation of shot guns
and ammunition is more than 1000
pieces but not more than 2000
pieces; [As inserted by the Arms
and Ammunition (Amendment) Act,
1996 (Act 519), s.3].
"second class arms and ammunition
dealer" means a person whose
annual importation of arms and
ammunition is less than 1000
pieces; [As inserted by the Arms
and Ammunition (Amendment) Act,
1996 (Act 519), s.3].
“magazine" means a store for arms,
ammunition, cartridges and
explosives. [As inserted by the
Arms and Ammunition (Amendment)
Act, 1996 (Act 519), s.3].
Section 14—Repeals and Savings.
(1) The following enactments are
hereby repealed:—
Explosives Ordinance (Cap. 254)
Explosives (Amendment) Ordinance,
1956 (No. 9)
Sections 1 to 5, 15 and 22 (2) of
the Arms and Ammunition Act, 1962
(Act 118).
The Arms and Ammunition
(Amendment) Law, 1993 (PNDCL 71).
[Repealed by the Arms and
Ammunition (Amendment) Act, 1996
(Act 519), s.4].
(2) Notwithstanding the repeal of
the Explosives Ordinance (Cap.
254), the Explosives Regulations,
1970 (LI 666) as subsequently
amended shall continue in force as
if made under section 12 of this
Decree, until modified, amended or
revoked.
FIRST SCHEDULE
(Section 2(1))
APPLICATION TO REGISTER ARMS OR
AMMUNITION, INCLUDING EXPLOSIVES
1. Full names of applicant..............................................................................................
2. Address of applicant.....................................................................................................
................................................................................................................................................
3.Nationality...........................................................................................................................
4. Date of birth......................................................................................................................
5. Place of birth.....................................................................................................................
6. Description and quantity of
arms and
ammunition...........................................................
................................................................................................................................................................................................................................................................................................................................................................................................................................................
................................................................................................................................................
7. Date on which arms and
ammunition were
acquired.......................................................
8. Person from whom arms and
ammunition were acquired:—
(a) Full names...........................................................................................................
(b) Address.....................................................................................................................
....................................................................................................................................
9. Particulars of last permit or
other authorisation (if any) to
possess the arms and ammunition to
which this application relates:—
(a) Number of permit, etc......................................................................................................
(b) Date of issue of permit,
etc..............................................................................................
(c) Date of expiry of permit, etc............................................................................................
................................................................................................................................................
10. Purpose for which the
applicant requires arms and
ammunition:—
................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
11. Full particulars of all other
arms and ammunition held by the
applicant
..................................................................
................................................................................................................................................................................................................................................................................................................................................................................................................................................
I,
................................................................................................(name
of applicant)
declare that all the statements
made by me in this application are
true and that I have not concealed
any fact material to this
application. I undertake that if
this application is granted I
shall use the arms and ammunition
to which it relates for the
purposes specified in paragraph 10
of this application and for no
other purpose, and that I shall
observe all conditions attached to
any permit which may be granted to
me.
Signed/marked....................................
(Applicant)
before
me...........................................
(Authorised Officer)
Date of
application.....................19........
“SECOND SCHEDULE
FEES PAYABLE
(Section 10A)
Category
Rate
(i)
First class private arms and
ammunition magazine dealer
¢5,000,000
(first licensing)
(ii) Renewal of licence of first
class private arms and
ammunition
¢2,000,000
magazine dealer
(annually)¢
(iii) Second class private arms
and ammunition magazine dealer
¢2,000,000
(first
licensing)
(iv) Renewal of licence for second
class private arms and
¢2,000,000
ammunition magazine dealer
(annually)
(v) Revolvers and pistols (first
licensing)
(individuals)
¢1,000,000
(vi) Renewal fee for revolvers and
pistols licence (individuals)
(annually) ¢500,000
(vii) Air pistol, air rifle, air
gun and gas diffusing arms (first
registration)
¢500,000
(viii) Renewal of licence for air
pistol, air rifle, air gun and gas
¢500,000
diffusing arms
(annually)
(ix) Shotguns (first
registration)
¢50,000
(x) Renewal of licence for
shot-guns
(annually)
¢20,000
(xi) Other arms, eg. cap guns and
flintlock guns (first
registration)
¢50,000
(xii) Renewal of licence of other
arms, eg. cap guns and flintlock
guns
(annually)
¢20,000
(xiii) Fee for private magazine
withdrawals permit for explosives
(Form C) (annually) ¢100,000
(xiv) Fee for private magazine
withdrawals permit for arms and
¢100,000
ammunition (Form C) (annually):
1st class
2nd
class
¢50,000
(xv) Commercial magazine dealer
in explosives (first
licensing)
¢5,000.000
(xvi) Commercial magazine dealer
(annual renewal fee)
¢1,000.000”
[As substituted by the Arms and
Ammunition (Amendment) Act, 2001
(Act 604)].
Made this 29th day of January,
1972.
COLONEL I. K. ACHEAMPONG
Chairman of the National
Redemption Council
FOOTNOTE
*
No fees shall be payable in
respect of arms or ammunition
acquired by the Armed Forces or
the Police Service, or held by any
Department of Government.
Date of Gazette Notification: 1st
February, 1972.
amended by
ARMS AND AMMUNITION (AMENDMENT)
ACT, 1996 (ACT 519)1
THE ARMS AND AMMUNITION
(AMENDMENT) ACT, 2001 (ACT 604)2
|
