Mauritius - Saferworld

16 THE LAW OF THE GUN: AN AUDIT OF FIREARMS CONTROL LEGISLATION
Controls on civilian possession and use
Possession and use
Analytical category International & regional agreements Current national legislative controls Conformity
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))
SADC Firearms Protocol Art. 5
(3) (e)
Requires measures ensuring that
proper controls are exercised
over the possession and use of
firearms, ammunition and other
related materials.
Bamako Declaration Art. 3 A
(iii)
Recommends establishing as a
criminal offence the illegal
possession and use of small
arms and light weapons.
UN Programme of Action II Art.
3
Recommends establishing as a
criminal offence the illegal
possession of small arms and
light weapons.
Firearms Act 1940
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
international and
regional obligations
through specifying
controls over
carrying a concealed
weapon. Other
controls are,
however, lacking.
Storage and
safekeeping
SADC Firearms Protocol Art. 5
(3) (i)
Requires effective controls over
firearms, including storage.
Firearms Act 1940
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
legislation does not
conform to the
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)
SADC Firearms Protocol Art. 5
(3) (i)
Requires restrictions on the
owner’s rights to relinquish
control, use and possession of
firearms, ammunitions and other
related materials.
Firearms Act 1940
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.