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Hashi Jama, Ibrahim. 2011 ‘Control and Licensing of Arms and Dangerous Substances.’ Public Order Law in Somaliland: Learning the Lessons of Democracy. Hargeisa: Somalilandlaw.com. 30 June

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Control and Licensing of Arms and Dangerous Substances

Part II, Chapter II of the Public Order Law (Article 21 to 34) deals with the manufacturing, importing and licensing arms. The manufacture, collection or trade in arms without authorisation from the Ministry of Internal Affairs in connection with firearms and explosives or from the District Mayor in connection with pointed or edged weapons.

The Law also lays down controls on registration, transportation and sale of arms. Licences (on payment of fees) to keep and carry firearms (limited to non-automatic rifles and pistols) may be issued by the Regional Governors. Any such firearms which are not covered by an authorisation shall be forfeited (Article 34(2)).

For reasons of public order and security, public order authorities may order that arms, including those held on licence, be temporarily surrendered (Article 30).

Part II, Chapters III and IV deal with the prevention of accidents and disasters and the control of public nuisance.

The manufacture, deposit, trade in and transport of explosives, poisonous or dangerous substances are prohibited unless authorised by the Minister of Internal Affairs (Article 35). The use of firearms or fireworks to cause explosions is prohibited except when authorised by the Districts Mayor. Factories or industrial plants which cause noise or fumes may be established only in places prescribed by law or regulations, and professions or trades which cause public nuisance can be regulated by order of the District Mayor.

Part VI of the Law deals with private guards who may be furnished with arms provided that they meet the requirements for obtaining a licence to carry arms.

Article 63 of the Law allows "companies, public bodies, institutions, and private individuals" to engage, "for sufficient reasons", private guards for the protection of moveable or immovable properties. The guards shall wear a uniform or a special badge approved by the public order authority and shall carry an identification card issued by the authority.

ID: Q5286

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