Mauritius - Saferworld

MAURITIUS 25
Brokering
Offences / penalties
Analytical category International & regional agreements Current national legislative controls Conformity
Manufacture
Licensing
Analytical category International & regional agreements Current national legislative controls Conformity
Description of
licensing
process
(Competency?
Duration of
licences?
Offence withhold
information?
Specifications of
licence –
information to be
included on
licence?
distinction
between firearm
and ammunition
manufacturing?
limits on
quantities
produced?)
SADC Firearms Protocol Art. 5
(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
proper controls are exercised
over the manufacturing of
firearms, ammunition and other
related materials.
Bamako Declaration Art. 3 A
(iii)
Recommends establishing as a
criminal offence the illicit
manufacturing of small arms and
light weapons.
UN Firearms Protocol Art. 5 (1)
+ (2)
Requires state parties to adopt
legislation and other measures
making the illicit manufacturing of
firearms and ammunition a
criminal offence.
UN Programme of Action II Art.
3
Recommends establishing as a
criminal offence the illegal
manufacture of small arms and
light weapons.
Firearms Act 1940
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
legislation conforms
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.