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MAURITIUS 29 Manufacture Offences / penalties Analytical category International & regional agreements Current national legislative controls Conformity SADC Firearms Protocol Art. 5 (1) Requires state parties to enact legislation and take other measures to establish as a criminal offence under national law the illicit manufacturing of firearms, ammunition and other related materials. UN Firearms Protocol Art. 5 (2) (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, facilitate or council the commission of such offences. Bamako Declaration Art 3 A (iii) Requires state parties to adopt legislative and other measures to establish as a criminal offence under national law, the illicit manufacturing of small arms and light weapons. Firearms Act 1940 Art. 12 Dealers to keep registers (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. 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 legislation conforms to the international and regional agreements. Trade 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? limits on quantities traded?) SADC Firearms Protocol Art. 5 (3) (f) Requires state parties to enact legislation promoting legal uniformity and minimum standards in the transfer of firearms. Bamako Declaration Art. 3 A (vii) Recommends that Member States should take appropriate measures to control arms transfers by traders. UN Programme of Action II Art. 3 Recommends establishing as a criminal offence the illegal trade in 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. (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 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.
30 THE LAW OF THE GUN: AN AUDIT OF FIREARMS CONTROL LEGISLATION Trade Licensing Analytical category International & regional agreements Current national legislative controls Conformity (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
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 18 and 19: MAURITIUS 17 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 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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