Citation(s) from the GunPolicy.org literature library
Cross, Peter, Rick de Caris, Ettienne Hennop and Angus Urquhart. 2003 ‘Import and Export - Botswana.’ The Law of the Gun: An Audit of Firearms Control Legislation in the SADC Region, pp. 23-25. London: SaferAfrica and Saferworld. 1 June
Relevant contents
Arms and Ammunition Act, 1981
Art. 6
(1) Subject to the provisions of this section, no person shall import any arms or ammunition except under and in accordance with an import permit issued under this section.
(2) Arms or ammunition for the purpose of sale shall be imported only under the authority of an arms dealer's import permit.
(3) Regulations may provide for the issue and renewal of an import permit, the conditions and duration of the permit, and any fee payable for the issue of the permit.
(4) Nothing in this section shall apply to the reimportation of any arms or ammunition in respect of which a licence is in force.
(5) Subject to subsection (6), any person who contravenes any provision of this section shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding P1000 or to a term of imprisonment not exceeding one year, or to both.
(6) Where the arms or ammunition in relation to which an offence has been committed is arms or ammunition of war, the penalty shall be a term of imprisonment of not less than five years and not more than 10 years.
Regulation made under the Arms and Ammunition Act
Art. 3
The Minister shall, at the beginning of each year, determine the quota of arms and ammunition which may be imported into Botswana.
Art. 4
In dealing with applications for permits to acquire arms the Board
(a) shall in the case of an individual, give preference to an applicant who is not a registered owner of the type of arms applied for and who requires them for his personal use for the purpose of hunting, protecting his stock, farming enterprise or other similar undertaking; or
(b) may, in the case of a wholesale or retail arms dealer, deal with the application in such a manner as to ensure an equitable distribution of arms and ammunition for sale throughout Botswana.
Arms and Ammunition Act, 1981
Art. 7
(1) All arms and ammunition imported into Botswana either for the purpose of sale or for the personal use of the importer shall be registered in such manner as may be prescribed.
(2) Regulations may provide for the issue of a registration certificate, the conditions and duration of the certificate, and any fee payable for the issue of the certificate…
(4) Regulations made under this section may exempt such persons as may be prescribed from registering their arms or ammunition.
(5) Regulations exempting persons under this section may provide for the issue of a temporary permit for the possession of arms and ammunition and any fee payable for the permit.
(6) A temporary permit issued under this section shall be valid for one month only from the date of issue.
(7) Subject to subsection (8), any person who contravenes any provision of this section shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding P2000 or to a term of imprisonment not exceeding two years, or to both.
(8) Where the arms or ammunition in relation to which an offence has been committed are arms or ammunition of war, the penalty shall be a term of imprisonment of not less than five years and not more than 10 years.
Art. 8
(1) Subject to the provisions of this section, no person shall export any arms or ammunition except under and in accordance with an export permit issued under this section.
(2) Regulations may provide for the issue and renewal of an export permit, the conditions and duration of the permit, and any fee payable for the issue of the permit.
(3) Any person who contravenes any provision of this section shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding Pl000 or to a term of imprisonment not exceeding one year, or to both.
Regulation made under the Arms and Ammunition Act
Art. 6
(1) An application for a permit to acquire or import arms or ammunition may be made by a registered wholesale or a retail arms dealer for the purpose of sale or by an individual for his personal use.
(2) An application under subregulation (1) shall be made by the applicant in person, on Form 1 set out in the First Schedule in respect of arms and on Form 2 set out in the First Schedule in respect of ammunition to a licensing officer of the district in which the applicant carries on business or normally resides:
Provided that where the applicant is a company or a partnership the application shall be made by the secretary of the company or a partner in the firm of the partnership.
(3) On receipt of an application to acquire or import arms under this regulation a licensing officer shall, as soon as practicable, forward the application, together with his recommendation thereon, to the Central Arms Registry:
Provided that, where the applicant is an individual, a licensing officer shall not recommend the issue of a permit unless he has personally interviewed the applicant and is satisfied that
(i) the applicant
(a) has good reason for acquiring or importing the arms;
(b) is of sound mind, temperate habits and of good character without any serious criminal conviction, and would use the arms applied for without danger to the public safety or peace; and
(c) is not less than 18 years of age; and
(ii) the issue of a permit would not be contrary to the provisions of the Act or of these Regulations.
(4) In respect of an application by an individual for a permit to import ammunition only, a licensing officer may require the production of the arms for which the ammunition is required together with the registration certificate relating thereto and shall issue the permit in Form 3 set out in the First Schedule if he is satisfied that
(a) the applicant is in possession of an arms licence for the arms in question;
(b) the arms in respect of which the application is made are in good working order;
(c) the ammunition to be imported is of the type and calibre specified in the registration certificate; and
(d) the issue of a permit would not contravene any limitation placed on the applicant's right to hold ammunition in terms of his registration certificate or of these Regulations.
(5) Where an applicant for a permit to acquire arms or ammunition is a dealer in arms, the licensing officer shall not recommend the issue of a permit unless he is satisfied that, in respect of any item applied for, the balance held in stock by the applicant is not excessive.