FIREARMS

CHAPTER 14:08
FIREARMS

ARRANGEMENT OF SECTIONS

    SECTION

    1.    Short title

    2.    Application of Act

    3.    Interpretation

    4.    Importation and exportation of firearms and ammunition

    5.    Dealing in firearms and ammunition

    6.    Dealer’s licences

    7.    Duty of dealer

    8.    Offences by dealers and penalties

    9.    Written permits authorizing the acquisition and transfer of firearms and ammunition; offences and penalties

    10.    Application for permits to acquire or transfer firearms or ammunition, etc.

    11.    Annual licence

    12.    Carrying and possession of firearms and ammunition

    13.    Matters to be reported

    14.    Inheritance

    15.    Finding a firearm or ammunition

    16.    Prohibited weapons

    17.    Carrying firearm while drunk or disorderly

    18.    Firearm or ammunition in container

    19.    Licence or permit to be produced on demand

    20.    Power to enter premises

    21.    Penalty for false statements

    22.    Powers of court

    23.    Power to make rules

    24.    Saving

43 of 1967
25 of 1968
35 of 1971
13 of 1974

    An Act for regulating, licensing and controlling the manufacture, importation, transportation, dealing in and possession of firearms and ammunition and for matters connected therewith and incidental thereto

1.    Short title

    This Act may be cited as the Firearms Act.

2.    Application of Act

    Nothing in this Act shall apply to—

    (a)    a person serving in or with the armed forces of Malawi or the police or any other person in the service of the Government acting in accordance with his duties as such;

    (b)    pyrotechnics used or intended for use solely in firework displays;

    (c)    any slaughtering instrument purchased by or in the possession of a person authorized by a local authority to conduct an abattoir or by a veterinary officer of the Government.

3.    Interpretation

    In this Act, unless the context otherwise requires—

    “acquire” includes hire, accept as a gift or inheritance, borrow or otherwise obtain possession of;

    “ammunition” includes—

    (a)    gunpowder, cartridges, percussion caps and any other material used or intended or adapted for use with a firearm as a means of projecting any missile or a noxious liquid, gas or other thing;

    (b)    bullets or shots composed of any metal or substance used, intended or adapted for use as missiles;

    “annual licence” means an annual licence issued under section 11;

    “authorized officer” means a District Commissioner or a police officer of or above the rank of inspector;

    “automatic weapon” means a firearm, weapon or contrivance which is so designed or adapted that if pressure is applied to the trigger missiles continue to be discharged until the pressure is released or until the magazine containing missiles is empty;

    “firearm” includes any lethal barrelled weapon of any description from which any shot, bullet or other missile can be discharged or which can be adapted for the discharge of any such shot, bullet or missile and any weapon or contrivance of whatever description designed or adapted for the discharge of any noxious liquid, gas or other thing, any component part of any such weapon or contrivance and any accessory to any such weapon or contrivance designed or adapted to diminish the noise or flash caused by the discharge thereof and a bomb, grenade and other like missile whether capable of use with such a weapon or not;

    “firearm permit” means a written permit to acquire or transfer a firearm or ammunition granted under section 10;

    “licensed dealer” means the holder of a valid licence granted under section 6;

    “prohibited weapon” means an automatic weapon, bomb, grenade or any other type of firearm which the Minister may, by order made under section 16, prescribe;

    “proper officer” means any class of public officer which the Minister may prescribe;

    “Registrar of Firearms” means the police officer nominated by the Commissioner of Police to carry out the functions of Registrar of Firearms;

    “slaughtering instrument” means a firearm which is specially designed or adapted for the instantaneous stunning of animals with a view to slaughtering them and which in every case is fitted with a captive bolt which remains attached to the instrument upon discharge;

    “transfer” includes let on hire, give, lend and part with possession of.

4.    Importation and exportation of firearms and ammunition

    (1) No person shall import or export any firearm or ammunition save under and in accordance with the terms of an import or export permit as the case may be, issued by the Registrar of Firearms:

    Provided that this subsection shall not apply—

    (a)    where a person entering Malawi in transit for a place outside Malawi does not leave the airport;

    (b)    where any firearm or ammunition, other than a prohibited weapon, is…