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MAURITIUS 17 Controls on civilian possession and use Possession and use Analytical category International & regional agreements Current national legislative controls Conformity 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 <strong>Mauritius</strong>, 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. Firearms Act 1940 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 <strong>Mauritius</strong>, 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 legislation conforms 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
18 THE LAW OF THE GUN: AN AUDIT OF FIREARMS CONTROL LEGISLATION Controls on civilian possession and use Offences / penalties Analytical category International & regional agreements Current national legislative controls Conformity Firearms Act 1940 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 - (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. (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.
Page 1 and 2: REPORT Small arms and security in S
Page 4 and 5: Contents Foreword 5 Overview of fir
Page 6 and 7: Foreword THIS COUNTRY STUDY forms o
Page 8 and 9: MAURITIUS 7 facilitate cross-refere
Page 10 and 11: MAURITIUS 9 • All these reports m
Page 12 and 13: Definitions in Mauritius’ firearm
Page 14 and 15: Breakdown of Mauritius’ firearms
Page 16 and 17: MAURITIUS 15 Controls on civilian p
Page 20 and 21: MAURITIUS 19 Record keeping and tra
Page 22 and 23: MAURITIUS 21 Import, export and tra
Page 24 and 25: MAURITIUS 23 Import, export and tra
Page 26 and 27: MAURITIUS 25 Brokering Offences / p
Page 28 and 29: MAURITIUS 27 Manufacture Marking An
Page 30 and 31: MAURITIUS 29 Manufacture Offences /
Page 32 and 33: MAURITIUS 31 Trade Licensing Analyt
Page 34 and 35: MAURITIUS 33 Trade Pawning / pledgi
Page 36 and 37: MAURITIUS 35 Seizure, disposal and
Page 38 and 39: MAURITIUS 37 Arms embargoes Overvie
Page 40 and 41: MAURITIUS 39 State-owned firearms I

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