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Tanzania. 2001 ‘Penalty for Use and Possession of Firearms and Imitation Firearms in Certain Cases.’ The Arms and Ammunition Act, Chapter 223, No.19 of 2007; Part VI (Section 36). Dar es Salaam: Ministry of Home Affairs. 4 May

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Penalty for Use and Possession of Firearms and Imitation Firearms in Certain Cases

36. (1) If any person makes or attempts to make any use of a firearm or imitation firearm with intent to resist or prevent the lawful apprehension or detention of himself or any other person, that person commits an offence and shall upon conviction be liable to imprisonment for six years.

(2) Where any person commits an offence under subsection (1) in respect of the lawful apprehension or detention of himself for any other offence committed by him, he shall be liable to the penalty provided by subsection (1) in addition to any penalty to which he may be sentenced for that other offence.

(3) If any person, at the time of commission, or at the time of his apprehension for, any offence specified in the Schedule to this Act, has in his possession a firearm or imitation firearm, he shall, unless he shows that he had it in his possession for a lawful object, commits an offence, and upon conviction is liable to imprisonment for three years in addition to any penalty to which he may be sentenced for the offence under subsection (1) or (2).

(4) If on the trial of any person for an offence under subsection (1) or (2) the court is not satisfied that that person committed that offence but is satisfied that he committed an offence under subsection (3), it may find him guilty of the offence under subsection (3) and he shall thereupon be liable to be punished accordingly.

(5) An imitation firearm shall, notwithstanding that it is not loaded or is otherwise incapable of discharging any shot, bullet or other missile, be deemed to be an offensive weapon or instrument for the purposes of section 287A of the Penal Code.

(6) In this section, the expression "imitation firearm" means anything, other than an arm within the meaning of section 3, which if observed in daylight has the appearance of being a lethal barrelled weapon of any description.

[Note: Schedule to this Act, Offences:
1. Theft contrary to section 258 of the Penal Code.
2. Causing injury to property contrary to sections 319, 321, 323, 325, 326, 327 and 331 of the Penal Code.
3. Offences against morality under Chapter XV of the Penal Code.]

ID: Q5328

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