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MAURITIUS 33 Trade Pawning / pledging restrictions Analytical category International & regional agreements Current national legislative controls Conformity SADC Firearms Protocol Art 5 (3) (k) Stipulates the prohibition of pawning and pledging The national legislation does not conform to the international and regional agreements. Trade Transfer and possession restrictions Analytical category International & regional agreements Current national legislative controls Conformity Restrictions / special conditions for business purposes? Trade Offences / penalties Analytical category International & regional agreements Current national legislative controls Conformity UN Firearms Protocol Art. 5 (1) (b) and 5 (2) (a) and (b) Requires state parties to adopt legislative and other measures to establish as a criminal offence the illicit trafficking in firearms. 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. The national legislation does not conform to the international and regional agreements.
34 THE LAW OF THE GUN: AN AUDIT OF FIREARMS CONTROL LEGISLATION Seizure, disposal and enforcement Seizure, confiscation, forfeiture Analytical category International & regional agreements Current national legislative controls Conformity Description of controls / provisions SADC Firearms Protocol Art. 5 (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. UN Firearms Protocol Art. 6 (1) Requires state parties to adopt measures to enable the confiscation of firearms that have been illicitly manufactured or trafficked. Firearms Act 1940 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 conform to the 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.
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 30 and 31: MAURITIUS 29 Manufacture Offences /
Page 32 and 33: MAURITIUS 31 Trade Licensing Analyt
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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