Mauritius - Saferworld

REPORT 

Small arms and security in Southern Africa 

SaferAfrica and Saferworld 

The Law of the Gun 

Mauritius Firearms Act 1982 

“firearm” – 

(a) means any lethal barrelled weapon of 

any description from which any shot, 

bullet or other missile can be 

discharged; 

(b) includes any component part of any 

such lethal weapon, and any accessory 

to any such lethal weapon designed or 

adapted to diminish the noise or flash 

caused by firing the weapon; 

(c) includes any air gun, air rifle or air pistol 

(not being of a type which is prescribed) 

and every part of such air gun, air rifle 

or air pistol; 

An audit of firearms control legislation in the SADC region 

MAURITIUS 

Peter Cross, Rick de Caris, 

Ettienne Hennop and Angus Urquhart 

June 2003 

(d) does not include – 

(i) any toy gun or toy pistol from which 

any shot, bullet or missile 

discharged by the force of a spring 

alone; or 

(ii) any antique firearm kept solely as a 

curiosity, ornament or trophy, which 

is not used or carried and for which 

no ammunition is purchased or 

acquired;

The Law of the Gun: 

MAURITIUS 

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 10 

Definitions in Mauritius’ firearms control legislation 11 

Breakdown of Mauritius’ firearms control legislation 13 

Controls on civilian possession and use 13 

Record keeping and tracing 19 

Import, export and transit 21 

Brokering 24 

Manufacture 25 

Trade 29 

Seizure, disposal and enforcement 34 

Arms embargoes 37 

State-owned firearms 37

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

MAURITIUS 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.

Mauritius 

Overview of 

firearms 

situation 

THE NUMBER OF REGISTERED FIREARMS IN MAURITIUS is relatively low compared with 

other countries in the region. There are only 6,279 registered firearms in Mauritius which have 

been licensed to 4,243 persons. Mauritius does not have a military service but a paramilitary 

force. Both the police and paramilitary forces’ firearms are registered with the police. 

Historically Mauritius has not had an influx of firearms, legally or illegally. It is an island and has 

only two ports of entry, which are well controlled. 

The Mauritius Police Force has not experienced increased levels of violent crime involving 

firearms, nor has there been an increase in smuggling activities concerning firearms on the island. 

The police feel that transnational criminal organisations may in the future use the stability on the 

island to conduct their activities by moving firearms from one conflict area to the other without 

these firearms entering Mauritius. 

The Central Firearm Registry falls under the control of the Crime Record Office. Crucially, 

Mauritius has an electronic database. The database originates from India, appears to be well 

maintained and up to date and is one of only four electronic databases operating in the SADC 

region. The system is very basic but as a consequence it is simple to operate and maintain. Every 

transaction involving a firearm is recorded on the database. These include the following applications: 

finger printing, issuing of permits or licences, any inquiries, personal information and 

information on firearms (both those destroyed and those still in state or civilian possession). 

Overview of 

legislation 

The bulk of firearms controls In Mauritius are currently contained in the ‘Firearms Act’, which 

dates back to 1940, making it one of the oldest firearm control acts in the SADC region. This Act 

stipulates that the following process must be followed when obtaining a firearm for civilian use: 

• Firearm application to the Superintendent of Police in the district in which the applicant 

resides. The form is called the Application for the Grant of a Firearm Licence and is contained 

in Article 4(1) of the Firearms Act. 

• A background check is done on the person, firstly by the district police in the area in which 

the applicant resides, and secondly by the Crime Record Office. 

• The applicant must then demonstrate, or undergo training to show, that he / she is competent 

to handle the type of firearm he / she is applying for. The police armoury does this test and 

training. 

• Every stage of the licence process record is kept. The Crime Record Office must indicate that 

they received an application and what the results of the fingerprints are. The armoury must indicate 

by a report if the applicant can handle a firearm as applied for and the ‘enquiring inspector’ 

must complete a lengthy report on the character and background check on the applicant.

MAURITIUS 9 

• All these reports must go to the district or divisional commander and he must approve the 

application. From there it is then sent to the Commissioner of Police. 

The Commissioner personally has the final say in approving or rejecting an application for a 

firearm licence. 

The Criminal Investigation Department (CID) of the Mauritius Police Force is stationed at the 

Police Head Office in Port Louis. The department is responsible for all investigations pertaining to 

firearms, including cases involving the negligent loss or use of firearms. Investigators are divided 

into four groups (A, B, C and D); each group is responsible for certain sections of the island. 

Typically, fewer than ten firearm-related cases are handled by the groups per year. There are 

close working relationships with all the other law enforcement sections in the police and customs 

on information exchange and investigations. Where redundant or seized firearms are collected by 

the police, they are registered and then destroyed by being cut into pieces and dumped in the 

ocean. 

The CID believe that the legislation does properly govern and control the legal possession of 

firearms and serves as a deterrent to any illegal possession or misuse of firearms on the island. 

Amendments have been incorporated into the Act since 1940, and currently more are being 

implemented and new amendments are in the drafting process. In some instances practice does 

not reflect the legislative position, for example, with regard to competency testing, which exists in 

practice but is not called for in the existing legislation. The Mauritius Police Force has, nonetheless, 

embarked on a review process of the current Firearms Act. The new South African legislation 

has been used as a model to work from with input from the criminal record office and the 

process is overseen by the Staff Officer of the National Police Commissioner. 

The police are proposing the following changes to the Firearms Act: 

• Sole powers are conferred to the National Commissioner to approve and reject firearm 

licences, which, de facto, is already the case. 

• Setting a time limit on the period in which to buy a firearm after approval to acquire a firearm 

is required. 

Increased licence fees. 

In addition to these legislative changes, the police have identified the lack of specialised training 

of their detectives in the identification and handling of firearms and explosives as a gap.


General 

information 

Mauritius 

International agreements SADC Firearms Protocol Signed Ratified 

UN Firearms Protocol 

UN Programme of Action 

Bamako Declaration 

Primary legislation Firearms Act of 1940 

Last amendment / revisions 

Regulations 

Unknown 

Yes 

Party to 

Party to 

Year of implementation 1940 

Other legislation containing Explosives Act 

firearms controls 

Prevention of Corruption Act 2002 

Central Firearms Registry Yes, electronic. Managed by the Crime Record Office of the 

Mauritius Police Force. 

Access to data only at Crime Record Office. 

Number of registered 6,729 

civilian firearms 

Review 

Currently under way

Definitions in Mauritius’ 

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; 

Firearms Act 1940 

“firearm” – 

(a) means any lethal barrelled 

weapon of any description 

from which any shot, bullet or 

other missile can be discharged; 

(b) includes any component 

part of any such lethal 

weapon, and any accessory to 

any such lethal weapon 

designed or adapted to 

diminish the noise or flash 

caused by firing the weapon; 

(c) includes any air gun, air 

rifle or air pistol (not being of a 

type which is prescribed) and 

every part of such air gun, air 

rifle or air pistol; 

(d) does not include- 

(i) any toy gun or toy pistol 

from which any shot, bullet or 

missile discharged by the 

force of a spring alone; or 

(ii) any antique firearm kept 

solely as a curiosity, ornament 

or trophy, which is not used or 

carried and for which no 

ammunition is purchased or 

acquired; 

Ammunition Article 1 

“ammunition” means the 

complete cartridge including 

the cartridge case, unfired 

primer, propellant, bullets and 

projectiles that are used in a 

firearm, provided those 

components are themselves 

subject to authorisation in the 

Article 3 

(c) “Ammunition” shall 

mean the complete round or 

its components, including 

cartridge cases, primers, 

propellant powder, bullets or 

projectiles, that are used in a 

firearm, provided that those 

components are themselves 


“ammunition’ means 

ammunition for any firearm, 

except ammunition for an air 

gun, air rifle, or air pistol, and 

includes the ammunition 

mentioned in section 9;


Definitions 

Analytical category SADC Firearms Protocol UN Firearms Protocol National legislation 

respective State Parties; 

subject to authorization in the 

respective State Party; 

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 semiautomatic 

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;

Breakdown of Mauritius’ 

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 






Art. 3 Licence for firearm or ammunition 

(1) Subject to subsections (1A) and (1B) no person 

shall purchase, acquire or have in his possession 

any firearm or ammunition unless he holds a 

firearm licence in force at the time. 

Art. 4 Issue and control of licences 

(1) An application for the grant of a firearm licence 

shall be made in the prescribed form to the 

Superintendent of Police of the district in which the 

applicant resides and shall state such particulars 

as may be required in the form. 

(2) (a) The Superintendent of Police shall, where 

he is satisfied that the applicant has a good 

reason for purchasing, acquiring or having in his 

possession the firearm or ammunition in respect 

of which the application is made and can be 

permitted to have in his possession that firearm 

and ammunition without danger to the public 

safety or to the peace, grant the firearm licence. 

(b) The Superintendent of Police shall not grant a 

firearm licence to any person whom he has reason 

to believe is a person who is prohibited by this Act 

from purchasing, acquiring or possessing a 

firearm, or is a person of intemperate habits or 

unsound mind, or is for any reason unfit to be 

entrusted with a firearm. 

The national 

provisions conform 

to the relevant 

international and 

regional agreements, 

except 

insofar as they do 

not provide for the 

monitoring and 

auditing of licences.



Restrictions and conditions 


Personal 

suitability to 

possess arms 



(2) (b) The Superintendent of Police shall not grant 

a firearm licence to any person whom he has 

reason to believe is a person who is prohibited by 

this Act from purchasing, acquiring or possessing 

a firearm, or is a person of intemperate habits or 

unsound mind, or is for any reason unfit to be 

entrusted with a firearm. 

Age restrictions 

Competency test SADC Firearms Protocol Art. 5 

(3) (i) 

Requires competency testing 

Quantity of 

weapons 


(3) (j) 

Requires restrictions on 

quantities of weapons held 

There is no 

restriction on the 

number of firearms a 

person may 

possess. In practice 

few licenses are 

issued. 

Licence required 

for each arm 



(2) (a) The Superintendent of Police shall, where 

he is satisfied that the applicant has a good reason 

for purchasing, acquiring or having in his possession 

the firearm or ammunition in respect of which 

the application is made and can be permitted to 

have in his possession that firearm and ammunition 

without danger to the public safety or to the 

peace, grant the firearm licence. 

Quantity of 

ammunition 

Type of weapon SADC Firearms Protocol Art. 5 

(3) (b) 

Requires the total prohibition of 

civilian possession and use of 


The national 

legislation does not 

conform to the 

regional and 

international 

agreements. The 

definition does not 

distinguish between 

small arms and light 

weapons and as 

such there is no 

prohibition of the 

possession and use 

of light weapons. 

Duration of 

licence and 

renewal 

procedure 


Art. 4 Issue and Control of licences 

(4) (a) A firearm licence shall, unless, previously 

suspended or cancelled, continue in force until 

31 December next following the date when it 

was granted or last renewed, but shall, subject to 

subsection (7), be renewable annually between 

Provision is made for 

the renewal of 

licenses every year. 

Provision is made 

that the conditions of 

a license may be 

varied or that a

MAURITIUS 15 


Restrictions and conditions 


1 and 31 January. 

(b) Any person who fails to renew a firearm 

licence within the period specified in paragraph 

(a) shall, on renewal, be liable to a surcharge 

equivalent to twice the amount of the fee 

payable in respect of such licence. 

(5) (a) The Superintendent of Police for the 

district in which the holder of a firearm licence 

resides may, by notice in writing, vary the 

conditions subject to which the licence is held, 

except such of them as may be prescribed, and 

may by notice require the holder to deliver up the 

licence to him within 8 days from the date of the 

notice for the purpose of amending the conditions 

specified in it. 

(b) Any holder of a firearm licence who fails to 

comply with such notice shall commit an offence 

and shall, on conviction, be liable to a fine not 

exceeding 500 rupees. 

(6) A firearm licence may, on the application of 

the holder, be varied by the Superintendent of 

Police for the district in which the holder resides 

(7) The Commissioner of Police may cancel or 

refuse to renew a firearm licence – 

(a) where, in his opinion, the person to whom a 

firearm licence has been granted under subsection 

(2) either had no sufficiently good reason at the 

time of his application for the grant of a firearm 

licence, for purchasing, acquiring or having in his 

possession the firearm in respect of which such 

firearm licence has been granted, or has; since the 

grant, ceased to have any sufficiently good reason 

for being permitted to continue in possession of 

the firearm in respect of which such firearm licence 

has been granted; 

(b) where he considers it necessary so to do for 

the maintenance of public safety and the peace; 

or 

(c) on any of the grounds specified in subsection 

(2)(b). 

license may not be 

renewed depending 

on whether or not 

the facts that gave 

rise to the issuing of 

the license have 

remained the same. 

This process entails 

an audit of the 

license before it is 

issued. 

Withholding 

information or 

misrepresentation 


(3) (l) 

Requires provisions that prohibit 

the misrepresentation or 

withholding of any information 

given with a view to obtain a 

licence or permit. 


Art. 24 (3) Offences and Penalties 

Any person who - 

(a) for the purpose of procuring, whether for 

himself or any other person, the grant of a firearm 

licence or import licence, or permit under this Act, 

or the registration of himself or any other person 

as a dealer in firearms, makes any statement 

which he knows to be false; 

(b) with a view to purchasing, acquiring or 

procuring the repair, test or proof of, a firearm or 

ammunition produces a false firearm licence or a 

firearm licence in which a false entry has been 

made; 

(c) personates a person to whom a 

firearm licence has been granted; or 

(d) makes a false statement, 

shall in each case commit an offence, and, shall 

be liable, on conviction, to a fine not exceeding 

500 rupees and to imprisonment for a term not 

exceeding 3 months. 

The national 

legislation conform 

to the international 

and regional 

agreements. 

Exemptions



Possession and use 


Restrictions on 

application/ use 

of firearm – 

when, where, 

how? 

(potential cases 

include: resisting 

arrest, injure / 

endanger person 

or property, 

handle firearm 

under influence 

of drugs/alcohol, 

negligent 

discharge, point 

gun without good 

cause, restrictions 

on carriage 

of firearm (when, 

where (public 

place)), how 

(holster, 

concealed etc)) 


(3) (e) 

Requires measures ensuring that 

proper controls are exercised 

over the possession and use of 

firearms, ammunition and other 

related materials. 


(iii) 



possession and use of small 

arms and light weapons. 


3 






Art. 3 (2) Licence for firearm or ammunition The 

holder of a firearm licence issued in respect of a 

revolver, pistol, or other firearm capable of being 

carried in the pocket or concealed about the 

person, shall no carry such revolver, pistol, or 

other firearm unless such licence is specifically 

endorsed with permission to do so by the 

Commissioner of Police. 

The national 

legislation goes 

some way to 

meeting the 


regional obligations 

through specifying 

controls over 

carrying a concealed 

weapon. Other 

controls are, 

however, lacking. 

Storage and 

safekeeping 


(3) (i) 

Requires effective controls over 

firearms, including storage. 


Art. 28 (1) Surrender of firearm 

The Commissioner of Police may, whenever he 

has reasonable ground to believe that 

(a) the holder of a firearm licence, other than a 

dealer in firearms, leaves Mauritius frequently or 

intends to leave Mauritius for a period exceeding 3 

months; and 

(b) any firearm or ammunition in his possession 

may not be kept in safe custody or such safe 

custody as the Commissioner thinks fit during the 

period of his absence from Mauritius, request the 

holder of the licence – to surrender the firearm and 

any ammunition to the Commissioner during the 

period of such absence; or to give to the Commissioner 

such information as he may require 

regarding the safe custody of the firearm and any 

ammunition. 

The national 



SADC Firearms 

Protocol. The only 

reference to 

safekeeping 

concerns the 

situation where the 

license holder is 

frequently out of the 

country for a period 

longer than three 

months in which 

case the firearm may 

be required to be 

handed to the police 

for safekeeping. 

Restrictions on / 

conditions of 

relinquishing 

firearms: to 

whom (authorised 

person, 

dealer, licence 

holder, relations 

etc) 


(3) (i) 

Requires restrictions on the 

owner’s rights to relinquish 

control, use and possession of 

firearms, ammunitions and other 



Art. 13 Transfers and Repairs 

(1) (a) No person shall sell or transfer to any other 

person in Mauritius, other than a registered dealer 

in firearms, any firearm or ammunition unless that 

other person produces a firearm licence authorising 

him to purchase or acquire it, or shows that he 

is by virtue of this Act entitled to purchase or 

acquire it without holding such a licence. 

(b) This subsection shall not prevent – 

(i) a person parting with the possession of a 

firearm or ammunition, otherwise than in pursuance 

of a contract of sale or hire or by way of gift 

or loan, to a person who shows that he is by virtue 

of this Act entitled to have possession of the 

firearm or ammunition without holding such a 

licence; or. 

(ii) the delivery of a firearm or ammunition by a 

carrier or warehouseman, or a servant of a carrier 

or warehouseman, in the ordinary course of his 

business or employment as such. 

The national 

legislation conforms 

to the SADC 

Firearms Protocol.

MAURITIUS 17 


Possession and use 


leasing / lending Firearms Act 1940 

Art. 13 Transfers and Repairs 

(5) Every person who sells, lets on hire, pledges, 

gives or lends a firearm or ammunition, to any 

other person in Mauritius, other than a registered 

dealer in firearms, shall, within 48 hours of the 

transaction, send by registered post notice of the 

transaction to the Superintendent of Police by 

whom the firearm licence was issued, stating his 

name and address and the name and address of 

that other person, the type and calibre of the 

firearm, the maker's name, the identification 

number or other distinguishing mark, and the 

quantity of ammunition, shall also, in the case of a 

sale or gift, return his licence (if any) in respect of 

the firearm and ammunition to the Superintendent 

of Police for cancellation. 

pawning / 

pledging 

SADC Firearms Protocol Art 5 

(3) (k) 

Requires controls over pawning 

and pledging of firearms, 

ammunition and other related 

materials. 


Art. 13 (5) Transfers and Repairs 

Every person who sells, lets on hire, pledges, 

gives or lends a firearm or ammunition, to any 

other person in Mauritius, other than a registered 

dealer in firearms, shall, within 48 hours of the 

transaction, send by registered post notice of the 

transaction to the Superintendent of Police by 

whom the firearm licence was issued, stating his 

name and address and the name and address of 

that other person, the type and calibre of the 

firearm, the maker's name, the identification 

number or other distinguishing mark, and the 

quantity of ammunition, shall also, in the case of a 

sale or gift, return his licence (if any) in respect of 

the firearm and ammunition to the Superintendent 

of Police for cancellation. 

Art. 15 Pawn of firearm or ammunition prohibited 

No pawnbroker shall take any firearm or ammunition 

in pawn. 

The national 


to the SADC 

Firearms Protocol. 

Provision is made 

that a firearm may 

be pledged subject 

to the Superintendent 

of police being 

notified and there is 

a prohibition on the 

pawning of firearms. 

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, 

loading



Offences / penalties 



Art. 4 Issue and Control of licences 

(4) (b) Any person who fails to renew a firearm 

licence within the period specified in paragraph 

(a) shall, on renewal, be liable to a surcharge 

equivalent to twice the amount of the fee 

payable in respect of such licence. 

(5) (b) Any holder of a firearm licence who fails to 

comply with such notice shall commit an offence 

and shall, on conviction, be liable to a fine not 

exceeding 500 rupees. 

Art. 24 Offences and penalties 

(1) (a) Any person who contravenes section 3(1), 

10(1) or 10A shall commit an offence and shall, on 

conviction, be liable to a fine of not less than 

10,000 rupees nor more than 100,000 rupees 

together with imprisonment for a term of not less 

than 12 months nor more than 15 years, and any 

firearm or ammunition in respect of which the 

offence is committed shall be forfeited; 

(b) Any person who contravenes section 3(1B), 

3(2), 4(3)(b), 9, 10(2), 13, 15 or 18 shall commit an 

offence and shall, on conviction, be liable to a fine 

not exceeding 10,000 rupees and to imprisonment 

for a term not exceeding 3 months, and the firearm 

and ammunition in respect of which the offence is 

committed shall be liable to forfeiture. 

(2) Any person who – 

(a) fails to comply with a request made by the 

Superintendent of Police under section 4(2)(c); or 

(b) fails to comply with a notice of the Commissioner 

of Police issued under section 4(9)(a), 

shall commit an offence and shall, on conviction, 

be liable to a fine not exceeding 1,000 rupees or to 

imprisonment for a term not exceeding 3 months 

and his firearm and any ammunition in his 

possession shall be liable to forfeiture. 

(3) Any person who - 











made; 

(c) personates a person to whom a firearm licence 

has been granted; or (d) makes a false statement, 





(4) Where a person is convicted of any offence 

under this section and the facts of the case 

disclose that a vehicle was being used intentionally 

for the carriage of the firearm, the Court may, in 

addition to any penalty imposed, order the 

forfeiture of the vehicle.

MAURITIUS 19 

Record keeping and tracing 

Marking 


When? (import / 

export / transit / 

manufacture etc) 


(3) (g), 9 (1) and (2) 

Requires provisions for the 

standardised marking and 

identification of firearms at the 

time of manufacture, import or 

export. 


(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 

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 


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. 

The national 




regional agreements. 

How? stamping / 

engraving? 

where on 

weapon? 

with what? 

(unique alphanumeric 

symbol / 

identifying 

country and 

manufacturer) 


(1) and (2) 

UN Firearms Protocol Art. 8 


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 




regional agreements.



Record keeping 



record keeping 

specifications 

(what? where? 

how? by whom? 

for how long? 

when must 

authorities be 

provided with 

information?) 


(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. 


(d) 

State owned firearms – requires 

state parties to establish systems 

to verify the validity and 

authenticity of documents issued 

by licensing authorities in the 

Region. 


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. 



Recommends ensuring 

comprehensive and accurate 

records are kept for as long as 

possible on the manufacture, 

holding and transfer of small 


Records should be maintained 

and organised to facilitate 

accurate and prompt information 

retrieval. 


(iv) 





Art. 7 Register of licenses 

Every Superintendent of Police shall keep a 

register in which he shall enter every firearm 

licence issued by him under this Act. 

The national 





No reference 

is made to a central 

register of all 

privately possessed 

firearms. 




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. 

The national 


conform to the UN 

Firearms Protocol.

MAURITIUS 21 

Import, export and transit 

Licensing 



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?) 


(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. 


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. 


(iii) (vii) 



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 


Art. 5 Import licence 

(1) Subject to subsection (4), no person shall 

import any firearm or ammunition into Mauritius 

unless he holds an import licence in force at the 

time. 

(2) No import licence shall be issued by the 

Commissioner of Police except on an application 

made on the prescribed form prior to the importation. 

(3) Every holder of such licence shall endorse on it 

particulars of all firearms and ammunition imported 

under it and shall return such licence to the 

Commissioner of Police within 3 days from the 

expiration of the period specified in it. 

(4) Any firearm or ammunition imported by a bona 

fide traveller who is not a citizen of Mauritius and 

who does not hold an import licence to that effect 

shall be dealt with in such manner as may be 

prescribed. 

(5) Any person who contravenes this section shall 

commit an offence and shall on conviction be liable 

to a fine not exceeding 1,000 rupees and to 


and any firearm or ammunition in respect of which 

the offence is committed shall be forfeited. 

The national 





While there is 

adequate provision 

regulating the import 

of firearms and 

ammunition, there is 

no provision 

regulating the export 

and transit of 

firearms and 

ammunition.



Marking 


What conditions 

pertain? 


(3) (g) 




time of import or export. 


(iv) 





(1) and (2) 



Section II Art. 7 and Art. 8 





import or manufacture. Such 




Require provision prohibiting the 

manufacture, stockpiling, transfer 

or possession of unmarked 

weapons. 

The national 






Restrictions 


Where, how and 

what? (conditions 

of carriage) 


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. 

The national 


conform to the UN 

Firearms Protocol.

MAURITIUS 23 




What? submission 

to authorities? 


Art 9 Recommends that 

comprehensive and accurate 


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. 

The national 






Special conditions 


Temporary 

import, export? 

dignitaries, 

diplomats, 

tourists? 


Re-export provisions 






(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. 


Art. 5 Import licence 

(5) Any person who contravenes this section shall 

commit an offence and shall on conviction be liable 

to a fine not exceeding 1,000 rupees and to 


and any firearm or ammunition in respect of which 

the offence is committed shall be forfeited. 


Insofar as the 

national provisions 

make it an offence to 

illicitly traffic in 

firearms, they 


relevant international 

and regional 

agreement provisions.





Art. 24 Offences and Penalties 

(3) Any person who - 











made; 

(c) personates a person to whom a 

firearm licence has been granted; or 

(d) makes a false statement, 





Brokering 

Description of brokering controls 



(3) (m) 


(vii) B (iv) 




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. 


(a) and (b) and Art. 14 


the illicit trafficking in firearms 

and those acting as accomplices 

or who organise, direct, aid, abet, 



Requires adequate legislation 

regulating the activities of those 

who engage in small arms and 

light weapons brokering. 

The national 





No provision 

is made to regulate 

brokering.

MAURITIUS 25 

Brokering 



Manufacture 

Licensing 



licensing 

process 

(Competency? 

Duration of 

licences? 


information? 


licence – 


included on 

licence? 

distinction 

between firearm 

and ammunition 

manufacturing? 

limits on 

quantities 

produced?) 


(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 


over the manufacturing of 




(iii) 


criminal offence the illicit 

manufacturing of small arms and 



+ (2) 


legislation and other measures 

making the illicit manufacturing of 

firearms and ammunition a 

criminal offence. 


3 



manufacture of small arms and 



Art. 10 Manufacturers and dealers to 

register 

(1) Subject to subsection (2) no person 

shall, by way of trade or business - 

(a) manufacture, sell, transfer, repair, 

test or prove; or 

(b) expose for sale or transfer, or have in his 

possession for sale, transfer, repair, test or proof, 

any firearm or ammunition, unless he is registered 

as a dealer in firearms. 

Art. 11 Registration of dealers 

(1) (a) For the purposes of this Act, the Commissioner 

of Police shall keep in the prescribed form a 

register of dealers in firearms and, subject to this 

section, shall enter in it the name of any person 

who applies to be registered as a dealer in 

firearms and furnishes him all the prescribed 

particulars. 

(b) The Commissioner of Police shall grant to any 

person who is registered under paragraph (a) a 

certificate of registration. 

(2) (a) Where the Commissioner of Police is 

satisfied that an applicant as dealer in firearms 

cannot be permitted to carry on business as such 

without danger to the public safety or to the peace, 

he may refuse to register such applicant. 

(b) The Commissioner of Police shall not register 

an applicant who is prohibited to be registered as a 

dealer in firearms by order of a Court made under 

subsection (5). 

(3) (a) Where the Commissioner of Police, after 

giving reasonable notice to any person whose 

name is on the register, is satisfied that that 

person is no longer carrying on business as a 

dealer in firearms, or has ceased to have a place 

of business, or cannot be permitted to continue to 

carry on business as a dealer in firearms without 

danger to the public safety or to the peace, he 

shall cause the name of such person to be 

removed from the register. 

(b) The Commissioner of Police shall also cause 

the name of any person to be removed from the 

register if that person so desires. 

(4) (a) Where the Commissioner of Police causes 

the name of any dealer in firearms to be removed 

from the register, he shall by notice in writing 

require the dealer to surrender his certificate of 

registration and where the dealer fails to comply 

with the notice within 8 days of its receipt, he shall 

commit an offence and shall, on conviction, be 

liable to a fine not exceeding 500 rupees. 

(b) Where an appeal is brought against the 

The national 


to the regional and 

international 

agreements. No 

particular distinction 

is drawn between 

dealers and 

manufacturers and 

the same provisions 

apply to both. In both 

cases a person is 

prohibited from 

dealing or manufacturing 

unless he has 

been registered to 

do so. 

Extensive provision 

is made for the 

keeping of registers 

both by the 

Commissioner of 

Police of the dealers 

and by the dealers of 

all transactions 

performed by them.


Manufacture 

Licensing 


removal, this subsection shall not apply to that 

removal unless the appeal is abandoned or 

dismissed and shall in that case have effect as if 

for the reference to the date of receipt of the notice 

there were substituted a reference to the date on 

which the appeal was abandoned or dismissed. 

(5) Where a registered dealer in firearms is 

convicted of an offence under this Act, the Court 

may order - 

(a) that the name of the registered dealer in 

firearms be removed from the register; (b) that 

neither the dealer nor any person who acquires the 

business of that dealer, nor any person who took 

part in the management of the business and was 

knowingly a party to the offence, shall be registered 

as a dealer in firearms; (c) that any person 

who, after the date of the order, knowingly 

employs in the management of his business the 

dealer convicted of the offence, or any person who 

was knowingly a party to the offence, shall not be 

registered as a dealer in firearms, or, if so 

registered, shall be liable to be removed from the 

register; and 

(d) that any stock in hand of the business shall be 

disposed of by sale or otherwise in accordance 

with such directions as may be contained in the 

order. 

(6) Any person aggrieved by an order made under 

subsection (5) may appeal against the order to the 

Supreme Court in the same manner as against the 

conviction, and the Court may, if it thinks fit, 

suspend the operation of the order pending the 

appeal. 

Manufacture 

Marking 



pertain? 


(3) (g) 




time of manufacture. 


(iv) 





(1) and (2) 


and 8 







The national 





MAURITIUS 27 

Manufacture 

Marking 


manufacture or import. Such 




Manufacture 






(3) (e) and 9 (1) 

State parties are required to 

enact measures to ensure the 


over firearms manufacturing. 

State Parties undertake to 

establish agreed systems to 

keep proper records of firearm 

markings. 



Requires ensuring that accurate 


possible on the manufacture of 

small arms and light weapons. 

Records should be maintained 

and organised to ensure 

accurate and prompt retrieval of 

information. 



records for not less than 10 

years of information in relation to 

firearms. 


Art. 12 Dealers to keep registers 

(1) (a) Every registered dealer in firearms shall 

provide himself with and keep a register his 

transactions in firearms and ammunition in the 

prescribed form. 

(b) Such registers shall be supplied by the 

Commissioner of Police on payment of a prescribed 

fee. 

(2) Every entry shall be made within 24 hours after 

the transaction to which it relates. 

(3) (a) Every dealer in firearms shall, on demand, 

allow any police officer not below the rank of 

Sergeant, duly authorised in writing in that behalf 

by the Commissioner of Police, to enter and 

inspect all stock in hand, and shall on request by 

such police officer produce for inspection the 

register so required to be kept. 

(b) Where a written authority is required by this 

subsection, the authority shall be produced on 

demand. 

(4) Where a dealer in firearms sells ammunition to 

the holder of a firearm licence, he shall record on 

the verso of the firearm licence held by the 

purchaser, the amount and type of ammunition 

sold and shall initial such entry. 

(5) Every dealer in firearms shall, on or before the 

fifth day of each month, submit to the Commissioner 

of Police a return showing the stock of 

firearms and ammunition held by him at the end of 

the preceding month. 

(6) Any dealer in firearms who fails to comply with 

this section, or knowingly makes any false entry in 

the register required to be kept under subsection 

(1) or in the return required to be submitted under 

subsection (5), shall commit an offence and shall, 

on conviction, be liable to imprisonment for a term 

not exceeding 3 months and to a fine not exceeding 

500 rupees. 

(7) Nothing in subsections (1) to (6) shall apply to 

the sale of firearms or ammunition by auction in 

accordance with a permit issued under section 

10(2). 

The national 

provisions go some 

way to meeting the 

requirements laid out 

in the regional and 

international 

agreement, however 

they fall short on 

keeping the records 

for up to 10 years.


Manufacture 

Premises 


Registration of 

premises? 

conditions of 

storage? 

restrictions on 

type / location? 


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. 

The national 





Manufacture 

Restrictions on sale / transfer 


To whom? what? 

conditions to be 

met? (documentation 

and 

reporting?) 

Bamako Declaration Art. 3 A. 

(vii) 






The national 



regional and 

international 

agreements. 

Manufacture 

Quality control / standards 


Manufacture 

Gunsmiths 


Conditions / 

controls relating 

to repair and 

modification 

(cross reference 

to deactivation 

controls)

MAURITIUS 29 

Manufacture 




(1) 


legislation and take other 

measures to establish as a 

criminal offence under national 

law the illicit manufacturing of 




(a) and (b) 

Stipulates including 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, 



Bamako Declaration Art 3 A 

(iii) 


legislative and other measures to 

establish as a criminal offence 

under national law, the illicit 

manufacturing of small arms and 











500 rupees. 

Art. 24 Offences and penalties 

(1) (a) Any person who contravenes section 3(1), 

10(1) or 10A shall commit an offence and shall, on 

conviction, be liable to a fine of not less than 

10,000 rupees nor more than 100,000 rupees 

together with imprisonment for a term of not less 

than 12 months nor more than 15 years, and any 

firearm or ammunition in respect of which the 

offence is committed shall be forfeited; 

(b) Any person who contravenes section 3(1B), 

3(2), 4(3)(b), 9, 10(2), 13, 15 or 18 shall commit an 

offence and shall, on conviction, be liable to a fine 

not exceeding 10,000 rupees and to imprisonment 

for a term not exceeding 3 months, and the firearm 

and ammunition in respect of which the offence is 

committed shall be liable to forfeiture. 

The national 


to the international 

and regional 

agreements. 

Trade 

Licensing 



licensing 

process 

(Competency? 

Duration of 

licences? 


information? 


licence – 


included on 

licence? limits on 

quantities 

traded?) 


(3) (f) 


legislation promoting legal 

uniformity and minimum 

standards in the transfer of 

firearms. 


(vii) 

Recommends that Member 

States should take appropriate 

measures to control arms 

transfers by traders. 


3 


criminal offence the illegal trade 

in small arms and light weapons. 


Art.10 Manufacturers and dealers to register 

(1) Subject to subsection (2), no person shall, by 

way of trade or business – 

(a) manufacture, sell, transfer, repair, test or prove; 

or 

(b) expose for sale or transfer, or have in his 

possession for sale, transfer, repair, test or proof, 

any firearm or ammunition, unless he is registered 

as a dealer in firearms. 

(2) An auctioneer may sell by auction, expose for 

sale by auction and have in his possession for sale 

by auction any such firearm or ammunition without 

being registered, where he has obtained from the 

Superintendent of Police of the district in which the 

auction is held a permit in the prescribed form for 

that purpose and complies with the terms of the 

permit. 

Registration of dealers 

Art. 11 Registration of dealers 

(1) (a) For the purposes of this Act, the Commissioner 

of Police shall keep in the prescribed form a 

register of dealers in firearms and, subject to this 

section, shall enter in it the name of any person 

who applies to be registered as a dealer in 

firearms and furnishes him all the prescribed 

particulars. 

The national 



international 

agreements. No 

particular distinction 

is drawn between 

dealers and 

manufacturers and 

the same provisions 

apply to both. In both 

cases a person is 

prohibited from 

dealing or manufacturing 

unless he has 

been registered to 

do so. 

Extensive provision 

is made for the 

keeping of registers 

both by the 

Commissioner of 

Police of the dealers 

and by the dealers of 

all transactions 

performed by them.


Trade 

Licensing 


(b) The Commissioner of Police shall grant to any 

person who is registered under paragraph (a) a 

certificate of registration. 

(2) (a) Where the Commissioner of Police is 

satisfied that an applicant as dealer in firearms 

cannot be permitted to carry on business as such 

without danger to the public safety or to the peace, 

he may refuse to register such applicant. 

(b) The Commissioner of Police shall not register 

an applicant who is prohibited to be registered as a 

dealer in firearms by order of a Court made under 

subsection (5). 

(3) (a) Where the Commissioner of Police, after 

giving reasonable notice to any person whose 

name is on the register, is satisfied that that 

person is no longer carrying on business as a 

dealer in firearms, or has ceased to have a place 

of bussiness, or cannot be permitted to continue to 

carry on business as a dealer in firearms without 

danger to the public safety or to the peace, he 

shall cause the name of such person to be 

removed from the register. 

(b) The Commissioner of Police shall also cause 

the name of any person to be removed from the 

register if that person so desires. 

(4) (a) Where the Commissioner of Police causes 

the name of any dealer in firearms to be removed 

from the register, he shall by notice in writing 

require the dealer to surrender his certificate of 

registration and where the dealer fails to comply 

with the notice within 8 days of its receipt, he shall 

commit an offence and shall, on conviction, be 

liable to a fine not exceeding 500 rupees. 

(b) Where an appeal is brought against the 

removal, this subsection shall not apply to that 

removal unless the appeal is abandoned or 

dismissed and shall in that case have effect as if 

for the reference to the date of receipt of the notice 

there were substituted a reference to the date on 

which the appeal was abandoned or dismissed. 

(5) Where a registered dealer in firearms is 

convicted of an offence under this Act, the Court 

may order - 

(a) that the name of the registered dealer in 

firearms be removed from the register; (b) that 

neither the dealer nor any person who acquires the 

business of that dealer, nor any person who took 

part in the management of the business and was 

knowingly a party to the offence, shall be registered 

as a dealer in firearms; (c) that any person 

who, after the date of the order, knowingly 

employs in the management of his business the 

dealer convicted of the offence, or any person who 

was knowingly a party to the offence, shall not be 

registered as a dealer in firearms, or, if so 

registered, shall be liable to be removed from the 

register; and 

(d) that any stock in hand of the business shall be 

disposed of by sale or otherwise in accordance 

with such directions as may be contained in the 

order. 

(6) Any person aggrieved by an order made under 

subsection (5) may appeal against the order to the 

Supreme Court in the same manner as against the 

conviction, and the Court may, if it thinks fit, 

suspend the operation of the order pending the

MAURITIUS 31 

Trade 

Licensing 


appeal. 

Trade 

Marking 



pertain? 

Trade 





Bamako Declaration Art. 3 (vii) 

Recommends that member 

states should take appropriate 

measures to control arms 

transfers by traders. 

UN Firearms Protocol Art 7 


records for not less than 10 

years of information in relation to 

firearms. 



(1) (a) Every registered dealer in firearms shall 

provide himself with and keep a register his 

transactions in firearms and ammunition in the 

prescribed form. 

(b) Such registers shall be supplied by the 

Commissioner of Police on payment of a prescribed 

fee. 

(2) Every entry shall be made within 24 hours after 

the transaction to which it relates. 

(3) (a) Every dealer in firearms shall, on demand, 

allow any police officer not below the rank of 

Sergeant, duly authorised in writing in that behalf 

by the Commissioner of Police, to enter and 

inspect all stock in hand, and shall on request by 

such police officer produce for inspection the 

register so required to be kept. 

(b) Where a written authority is required by this 

subsection, the authority shall be produced on 

demand. 

(4) Where a dealer in firearms sells ammunition to 

the holder of a firearm licence, he shall record on 

the verso of the firearm licence held by the 

purchaser, the amount and type of ammunition 

sold and shall initial such entry. 

(5) Every dealer in firearms shall, on or before the 

fifth day of each month, submit to the Commissioner 

of Police a return showing the stock of 

firearms and ammunition held by him at the end of 

the preceding month. 








500 rupees. 

The national 

legislation broadly 

conforms to the 

regional and 

international 

agreements, 

however there is not 

specification 

requiring that 

records be maintained 

for a specified 

period of not less 

than ten years


Trade 



(7) Nothing in subsections (1) to (6) shall apply to 

the sale of firearms or ammunition by auction in 

accordance with a permit issued under section 

10(2). 

Trade 

Premises 


Registration of 

premises? 

conditions of 

storage? 

restrictions on 

type / location? 

Trade 

Restrictions on sale / transfer 


To whom? what? 

conditions to be 

met? (documentation 

and 

reporting?) 

Bamako Declaration Art. 3 A. 

(vii) 







Art. 13 (1) (a) No person shall sell or transfer to 

any other person in Mauritius, other than a 

registered dealer in firearms, any firearm or 

ammunition unless that other person produces a 

firearm licence authorising him to purchase or 

acquire it, or shows that he is by virtue of this Act 

entitled to purchase or acquire it without holding 

such a licence. 

The national 



international 

agreements. 

Trade 

Quality control / standards 

Analytical category International & regional agreements Current national legislative controls Conformity

MAURITIUS 33 

Trade 

Pawning / pledging restrictions 



(3) (k) 

Stipulates the prohibition of 

pawning and pledging 

The national 





Trade 

Transfer and possession restrictions 


Restrictions / 

special 

conditions for 

business 

purposes? 

Trade 




(b) and 5 (2) (a) and (b) 


legislative and other measures to 

establish as a criminal offence 

the illicit trafficking in firearms. 


the illicit manufacturing and 

trafficking in or interfering with 

markings for firearms and those 

acting as accomplices or who 

organise, direct, aid, abet, 



The national 






Seizure, disposal and enforcement 

Seizure, confiscation, forfeiture 



controls / 

provisions 


(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. 



measures to enable the 

confiscation of firearms that have 

been illicitly manufactured or 

trafficked. 


Art. 23 Search and seizure 

(1) Where a Magistrate is satisfied by information 

on oath that there is reasonable ground for 

suspecting that an offence under this Act has 

been, is being, or is about to be committed, he 

may grant a search warrant authorising any police 

officer - 

(a) to enter at any time any premises or place 

named in the warrant, if necessary _ by force, and 

to search the premises or place and every person 

found there; (b) to seize and detain any firearm or 

ammunition which he may find on the premises or 

place, or on any such person, in respect of which 

or in connection with which he has reasonable 

grounds for suspecting that an offence under this 

Act has been, is being, or is about to be committed; 

and 

(c) where the premises are those of a registered 

dealer in firearms, to examine any books relating 

to the business. 

(2) The police officer making the search may arrest 

without warrant any person found on the premises 

whom he has reason to believe has committed an 

offence under this Act. (3) A Magistrate may, on 

the application of the Commissioner of Police, 

order any firearm or ammunition seized and 

detained by a police officer under this Act to be 

destroyed or otherwise disposed of. 

Art. 21 Powers of Courts 

(1) Where any person – 

(a) is convicted of an offence under this Act, or is 

convicted of any crime for which he is sentenced 

to penal servitude or imprisonment, or is convicted 

of an offence under any enactment specified in the 

Second Schedule; or 

(b) has been ordered to be subject to police 

supervision, or has been bound over to keep the 

peace and be of good behaviour under section 38 

of the Public Order Act, or has been ordered to 

enter into a recognizance to be of good behaviour, 

a condition of which is that the offender shall not 

possess, use or carry a firearm, the Court before 

which he is convicted or bound over or by whom 

the order is made may make such order as to the 

forfeiture or disposal of any firearm or ammunition 

found in his possession as the Court thinks fit, and 

may cancel any firearm licence held by the person 

convicted, or bound over, or against whom the 

order is made. 

(2) Where the Court cancels a firearm licence 

under this section - 

(a) the Court shall cause notice to be sent to the 

Commissioner of Police; 

(b) the Commissioner of Police shall by notice in 

writing require the holder of the licence to 

surrender it; and 

(c) where the holder fails to surrender the licence 

within 8 days from the date of the notice under 

paragraph (b), he shall commit an offence and 

shall on conviction be liable to a fine not exceeding 

500 rupees 

Art. 22 Powers of officers 

(1) Any police officer or forest officer may demand 

from any person in possession of a firearm or 

ammunition the production of his firearm licence. 

The provisions in the 

national legislation 


regional and 

international 

agreements. 

Adequate provision 

is made for 

inspection and 

enforcement. These 

provisions are of a 

general nature and 

as such are 

applicable to a wide 

spectrum of 

offences. An 

absence is the lack 

of provision for the 

deactivation of a 

firearm or ammunition.

MAURITIUS 35 


Seizure, confiscation, forfeiture 


(2) Where any person to whom a demand is so 

made fails to produce the licence, or to allow such 

officer to read the licence, or to show that he is 

entitled under this Act to have the firearm or 

ammunition in his possession without holding a 

licence, the officer may seize and detain the 

firearm or ammunition, and may require such 

person to give him his name and address. 

(3) Such police officer or forest officer may arrest 

without a warrant any person who refuses so to 

declare his name and address, or whom such 

officer suspects of giving a false name and 

address, or of intending to abscond. 

(4) Any person who refuses to declare his name 

and address or giving a false name and address, 

to a police officer or forest officer acting under this 

section shall commit an offence and shall, on 

conviction, be liable to a fine not exceeding 500 

rupees. 

Art. 22 A Duty to give information 

(1) Any person carrying a firearm or ammunition 

shall, at the request of a police officer, declare his 

name and address and furnish full information 

regarding the purpose for which such firearm or 

ammunition is being carried. 

(2) The police officer may arrest without a warrant 

any person who fails to comply with subsection (1). 

(3) Any person who fails to comply with subsection 

(1) or who wilfully furnishes wrong information 

shall commit an offence and shall be liable, on 

conviction, to a fine not exceeding 500 rupees and 

to imprisonment for a term not exceeding 3 

months. 


Disposal and destruction 



controls / 

provisions 

SADC Firearms Protocol Art. 

11 (1) 




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. 


(iv) 

Recommends that Member 

States should develop and 

implement programmes for the 

identification and destruction of 

The national 



regional and 

international 

agreements.



Disposal and destruction 


surplus, obsolete and seized 

stocks. 


Deactivation 



controls / 

provisions 


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. 

The national 



regional and 

international 

agreements. 


Inspection / enforcement 



controls / 

provisions 


(3) (j) 

Requires the monitoring and 

auditing of licences held in a 

person’s possession. 

The national 



regional and 

international 

agreements. 



Analytical category International & regional agreements Current national legislative controls Conformity

MAURITIUS 37 

Arms embargoes 

Overview 


Relevant 

provisions 


(2) 

Requires specific provision to 

sanction the violation of UN 

Security Council arms embargoes. 


(vi) 



Requires measures against any 

activity that violates UN Security 

Council arms embargoes. 

The national 





No provision 

exists that makes a 

contravention of a 

UN embargo an 

offence 

Arms embargoes 



State-owned firearms 

Overview 




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. 

The national 





No provision 

is made to provide 

controls over state 

owned firearms.



Possession and use by state employees 


Licensing 

requirements? 

special 

conditions? 

controls? 






Requires provision to ensure 

responsibility for weapons held 

and issued by the state and 

effective measures for tracing 

such weapons. 


(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 





No provision 



owned firearms. 


Storage 


Stockpile 

management 


(b) 

Stipulates the enhancement of 

capacity to manage and maintain 

secure storage of state-owned 

firearms. 


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. 

The national 





No provision 



owned firearms.

MAURITIUS 39 


Import, export, transfer, transit 


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. 

The national 





No provision 



owned firearms. 


Disposal / destruction 


Surpluses, 

including 

redundant, 

obsolete, seized 

and collected 

firearms in state 

possession 


(1) 


(iv) 


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. 

The national 





No provision 



owned firearms.

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 

Trelawney House 

173 Beckett Street 

Arcadia, Pretoria 0083 

South Africa 

Phone: +27 12 481 6200 

Fax: +27 12 344 6708 

Email: saferafrica@saferafrica.org 

Web: www.saferafrica.org 

Saferworld 

46 Grosvenor Gardens 

London SW1W 0EB 

UK 

Phone: +44 (0)20 7881 9290 

Fax: +44 (0)20 7881 9291 

Email: general@saferworld.org.uk 

Web: www.saferworld.org.uk 

ISBN 0 948546 93 X

Mauritius - Saferworld

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