Firearms Act
Firearms Act
zw
CHAPTER 10:09
FIREARMS ACT
Acts 17/1956, 42/1959, 73/1959, 14/1961, 14/1962 (s.2), 13/1966, 57/1972 (s.19), 39/1973 (s.52), 37/1977
(s.21), 41/1978 (s.33), 29/1981 (s.59), 37/1981, 44/1983, 22/2001 (s. 4), 5/2014 (s. 33); R.G.N.s 500/1962,
801/1963, 214/1964, 217/1970, 698/1970, 414/1972.
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title.
2. Interpretation.
PART II
REGULATION OF PURCHASE, POSSESSION, MANUFACTURE AND SALE OF FIREARMS AND AMMUNITION AND OTHER TRANSACTIONS
AN ACT to make provision for regulating and controlling the possession, sale, repair and manufac-
ture of firearms and ammunition; and to provide for matters connected therewith and incidental
thereto.
[Date of commencement: 1st January, 1957.]
PART I
PRELIMINARY
1 Short title
This Act may be cited as the Firearms Act [Chapter 10:09].
2 Interpretation
In this Act—
“acquiring” means hiring, accepting as a gift and borrowing;
“ammunition” means—
(a) ammunition for any firearm;
(b) grenades, bombs and any other like missiles, whether capable of use with a firearm or not;
but does not include any signalling apparatus or missiles therefor, other than missiles for the type of sig-
nalling apparatus known as a Verey Pistol;
“Controller” means the Controller of Firearms appointed in terms of section thirty-eight and includes any
person to whom the Controller has, in terms of subsection (2) of that section, delegated his functions;
“firearm” means—
(a) any lethal barrelled weapon of any description from which any shot, bullet or any other missile
can be discharged or which can be adapted for the discharge of any such shot, bullet or any other
missile;
(b) the barrel, bolt and chamber or any other essential component part of any such weapon as afore-
said;
but does not include any signalling apparatus, other than the type of signalling apparatus known as a
Verey Pistol;
“firearm certificate” means a firearm certificate granted under section six;
“firearms dealer” means a person who by way of trade or business sells, transfers, repairs, tests or proves
firearms or ammunition;
“Minister” means the Minister of Home Affairs or any other Minister to whom the President may, from time
to time, assign the administration of this Act;
“signalling apparatus” means a device which is designed or customarily used for safety purposes or to signal
distress;
“slaughtering instrument” means a firearm which is specially designed or adapted for the instantaneous
slaughter of animals or for the instantaneous stunning of animals with a view to slaughtering them;
“transferring” includes letting on hire, giving, lending and parting with possession.
PART II
REGULATION OF PURCHASE, POSSESSION MANUFACTURE AND SALE OF FIREARMS AND AMMUNITION AND OTHER TRANSACTIONS
to a boat at such a harbour to or from a place appointed for the storage thereof in safe custody at that
harbour, and keep any such apparatus and missiles at such a place; and
(c) if he has obtained from the Controller a permit for the purpose in the prescribed form, remove a signal-
ling apparatus of the type known as a Verey Pistol from or to a boat on Lake Kariba or harbour at Lake
Kariba to or from such place and for such purpose as may be specified in the permit.
(9) A person carrying a firearm or ammunition belonging to another person holding a firearm certificate re-
lating thereto may, without himself holding a firearm certificate, have in his possession that firearm or ammuni-
tion under instructions from and for the use of that other person for sporting purposes only.
(10) A member of a gun club, rifle club or miniature rifle club may, without holding a firearm certificate,
have in his possession a firearm and ammunition therefor when engaged as such a member in or in connection
with target practice.
(11) Any person may, without holding a firearm certificate, use a miniature rifle not exceeding five comma
five nine millimetres calibre, commonly known as “two-two”, and ammunition suitable therefor at a miniature
rifle range or shooting gallery.
(12) A person taking part in a theatrical performance or any rehearsal thereof or in the production of a cine-
matograph film may, without holding a certificate, have a firearm in his possession during and for the purpose of
the performance, rehearsal or production.
(13) Any person may, without holding a firearm certificate, have a firearm in his possession at an athletic or
other sporting meeting for the purpose of starting races at that meeting.
(14) A person who is employed for the purpose of safeguarding persons or property and who is a member of
a class of persons prescribed for the purposes of that subsection may, without holding a firearm certificate and
subject to such conditions as may be prescribed, have in his possession any firearm and ammunition belonging to
his employer and for which his employer holds a firearm certificate when he is engaged on his duties.
(15) An immigrant or bona fide visitor to Zimbabwe who has obtained from a customs officer a certificate in
the prescribed form relating to any firearm or ammunition that he has brought with him into Zimbabwe may,
without holding a firearm certificate, have in his possession any firearm or ammunition described in that certifi-
cate for such period, not exceeding three months, as may be specified in that certificate:
Provided that such an immigrant or visitor may at any time have the validity of a certificate issued in terms of
this subsection extended by the Controller.
(16) A person may, without holding a firearm certificate, have in his possession within his residence or place
of business a firearm and ammunition in respect of which his spouse holds a firearm certificate.
(17) A person may, without holding a firearm certificate, have in his possession a firearm and ammunition is-
sued to him by a municipal council, town council, local board or rural district council for the purpose of vermin
control.
(18) The executor of a deceased estate may, without holding a firearm certificate, have in his possession any
firearm and ammunition belonging to the deceased person.
(19) A client of a tour operator who—
(a) conducts hunting safaris for tourists; and
(b) is licensed in terms of the Tourism Act [Chapter 14:20];
may, without holding a firearm certificate, have in his possession during a hunting safari any firearm or ammuni-
tion in respect of which the tour operator holds a firearm certificate, if the client is accompanied by and uses the
firearm and ammunition under the direction of the person who holds the firearm certificate.
(20) A person who, in accordance with a written agreement with the State, has been provided with a firearm
and ammunition belonging to the State may, without holding a firearm certificate, possess the firearm and ammu-
nition in accordance with the terms and conditions of the agreement.
(21) A person who has obtained from the Controller a permit for the purpose in the prescribed form may,
without holding a firearm certificate, have in his possession a firearm and ammunition in accordance with the
terms of the permit:
Provided that no such permit shall be issued in respect of or be valid for a period exceeding three months and
any such permit may at any time be revoked by the Controller if he is satisfied that the holder would not, on
application, be granted a firearm certificate in respect of such a firearm or ammunition.
(22) Where the Controller revokes a permit under subsection (21), he shall, by notice in writing, require the
holder of the permit to surrender it, and if the holder fails to surrender it within fourteen days from the date of the
notice he shall be guilty of an offence and liable to a fine not exceeding level three or to imprisonment for a period
not exceeding one month or to both such fine and such imprisonment:
Provided that, where an appeal is brought against the revocation, this subsection shall not apply to that revo-
cation unless the appeal is abandoned or dismissed, and shall in that case have effect as if, for the reference to the
date of the notice, there were substituted a reference to the date on which the appeal was abandoned or dismissed.
[Subsection as amended by section 4 of Act No. 22 of 2001]
jbzowa@justice.gov.zw
(23) If any person makes any statement which he knows to be false for the purpose of procuring, whether for
himself or any other person, the grant or renewal of a permit under subsection (21), he shall be guilty of an of-
fence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding one year, or to
both such fine and such imprisonment.
[Subsection as amended by section 4 of Act No. 22 of 2001]
(24) Any person referred to in subsection (14) who contravenes any conditions referred to in that subsection
shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not
exceeding six months or to both such fine and such imprisonment.
[Subsection as amended by section 4 of Act No. 22 of 2001]
9 Power to refuse firearm certificate or permit unless firearm produced for inspection and
marking
(1) Notwithstanding anything in sections three to eight, the Controller may refuse to grant a firearm certifi-
cate or a permit in terms of subsection (21) of section eight unless the firearm to which such firearm certificate or
permit will, if granted, relate is produced to him or to a person specified by him for inspection or testing and for
marking if necessary in accordance with the requirements of subsection (2).
(2) No firearm certificate and no permit in terms of subsection (21) of section eight shall be granted in re-
spect of a firearm unless such firearm bears a mark or number of identification or is first marked with such a mark
or number by or under and in accordance with the directions of the Controller.
10 Restrictions on manufacture of ammunition
(1) No person shall manufacture any ammunition or any explosive component of ammunition unless—
(a) he is the holder of a written authority granted by the Controller and he complies with the conditions of
that authority; and
(b) he is the holder of such licences as may be required by the Explosives Act [Chapter 10:08].
(2) Any authority in terms of subsection (1) may limit the description and quantity of the ammunition or any
explosive component of the ammunition which may be manufactured under the authority and may impose such
other conditions relating to the manufacture, marking, handling, storage and disposal of ammunition or any explo-
sive component of ammunition, including conditions relating to the keeping of registers and the rendering of
returns, as the Controller may consider desirable.
(3) The Controller may at any time, if he thinks fit, revoke or vary any authority granted under subsection (1).
(4) If any person contravenes subsection (1) or fails to comply with any conditions of an authority mentioned
in that subsection, he shall be guilty of an offence and liable to a fine not exceeding level ten or to imprisonment
for a period not exceeding five years or to both such fine and such imprisonment.
[Subsection as amended by section 4 of Act No. 22 of 2001]
such time and place as such officer may specify for his own inspection or for the inspection of such other police
officer as he may specify.
(2) If any person fails to comply with a demand in terms of subsection (1), he shall be guilty of an offence
and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both
such fine and such imprisonment.
[Subsection as amended by section 4 of Act No. 22 of 2001]
16 Certificate of registration
(1) The Controller shall grant or cause to be granted to any person who is registered as a firearms dealer un-
der section fifteen a certificate of registration and shall endorse thereon any conditions he may have imposed in
terms of subsection (4) of that section.
(2) Where the Controller causes the name of any firearms dealer to be removed from the register, he shall, by
notice in writing, require the dealer to surrender his certificate of registration, and if the dealer fails to do so within
twenty-one days of the date of the notice he shall be guilty of an offence and liable to a fine not exceeding level
three or to imprisonment for a period not exceeding one month or to both such fine and such imprisonment:
[Subsection as amended by section 4 of Act No. 22 of 2001]
Provided that—
(i) 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
the notice, there were substituted a reference to the date on which the appeal was abandoned or dis-
missed;
(ii) until the dealer surrenders his certificate of registration in accordance with this subsection or, if he fails
so to surrender his certificate, until the expiration of the aforesaid period of twenty-one days, the dealer
shall be deemed to be registered as a firearms dealer for the purpose only of disposing of the stock in
hand of his business.
17 Registration of places of business of firearms dealers
(1) Subject to subsection (3), the Controller shall enter in the register of firearms dealers the address of every
place of business at which a registered firearms dealer carries on business.
(2) A person who—
(a) is applying for registration as a firearms dealer; or
(b) is registered as a firearms dealer and wishes to carry on business as such at a place which is not entered
in the register;
shall apply to the Controller for the registration of his intended place of business and shall furnish the Controller
with such particulars as are prescribed.
(3) If, on receipt of an application in terms of subsection (2), the Controller is satisfied that—
(a) the applicant could not be permitted to carry on business as a firearms dealer at the place concerned
without danger to the public safety or the peace; or
(b) the premises at the place concerned are not suitable or reasonably safe for the keeping of firearms and
ammunition;
he shall refuse to enter that place in the register of firearms dealers.
(4) If—
(a) any person, being a registered firearms dealer, has a place of business which is not entered on the regis-
ter and carries on business as a firearms dealer at that place; or
(b) any person makes any statement which he knows to be false for the purpose of procuring, whether for
himself or any other person, the entry of any place of business in the register of firearms dealers;
he shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not
exceeding six months or to both such fine and such imprisonment.
[Subsection as amended by section 4 of Act No. 22 of 2001]
(3) No person shall undertake the repair, test or proof of a firearm or ammunition for any other person in
Zimbabwe, other than a registered firearms dealer as such, unless that other person produces or causes to be
produced a firearm certificate authorizing him to have possession of the firearm or ammunition or shows that he
is, by virtue of this Act, entitled to have possession of the firearm or ammunition without holding such a certifi-
cate.
(4) No person who is registered as a firearms dealer in terms of section fifteen shall, in the course of his busi-
ness, purchase or acquire a firearm or ammunition from any other person apart from the manufacturer or importer
of the firearm or ammunition unless that other person produces a firearm certificate authorizing that other person
to possess or dispose of the firearm or ammunition or shows that he is, by virtue of this Act, entitled to possess or
dispose of the firearm or ammunition without a firearm certificate.
(5) No person carrying on or employed in the business of an auctioneer, carrier or storage contractor shall, in
the course of his business, take possession of a firearm or ammunition from any other person apart from the
manufacturer or importer of the firearm or ammunition unless that other person produces a firearm certificate
authorizing that other person to possess or dispose of the firearm or ammunition or shows that he is, by virtue of
this Act, entitled to possess or dispose of the firearm or ammunition without a firearm certificate.
(6) If any person—
(a) contravenes this section; or
(b) with a view to purchasing, acquiring, selling or transferring or procuring the repair, test or proof of a
firearm or ammunition, produces a false firearm certificate or a firearm certificate in which any false en-
try has been made or personates a person to whom a firearm certificate has been granted or makes any
false statement;
he shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not
exceeding one year or to both such fine and such imprisonment.
[Subsection as amended by section 4 of Act No. 22 of 2001]
Provided that a person aggrieved by an order made under this section may appeal against the order in the
same manner as against the conviction, and the court may, if it thinks fit, suspend the operation of the order
pending the appeal.
21 Penalty for taking in pawn firearms or ammunition
(1) No person shall take any firearm or ammunition in pawn from any other person.
(2) If any person contravenes subsection (1) he shall be guilty of an offence and liable to a fine not exceeding
level four or to imprisonment for a period not exceeding three months or to both such fine and such imprisonment.
[Subsection as amended by section 4 of Act No. 22 of 2001]
23 Savings
Nothing in this Part shall relieve any person using or carrying a firearm from the obligation to take out a li-
cence to kill game under any law for the time being in force relating to such licences.
PART III
MISCELLANEOUS PROVISIONS AS TO FIREARMS AND AMMUNITION
(6) Subsections (1) to (5) shall be in addition to, and not in derogation from, any other provisions of this Act,
but the Controller—
(a) shall not refuse to grant and shall not revoke a firearms certificate in respect of a firearm, weapon or
ammunition such as is referred to in subsection (1) if the applicant is for the time being authorized as
aforesaid to have possession of that firearm, weapon or ammunition; and
(b) shall not refuse to enter in the register of firearms dealers the name of a person for the time being au-
thorized as aforesaid to sell or transfer a firearm, weapon or ammunition such as aforesaid or remove the
name of such a person from the register on the ground that he cannot be permitted to carry on or to con-
tinue to carry on business as a firearms dealer without danger to the public safety or to the peace;
and where any authority to purchase, acquire or have possession of a firearm, weapon or ammunition is revoked
under this section the firearm certificate relating to that firearm, weapon or ammunition shall be revoked or varied
accordingly by the Controller.
(7) Subsection (1) shall not apply to a person who—
(a) has, in accordance with a written agreement with the State, been provided with a firearm and ammuni-
tion belonging to the State; and
(b) possesses the firearm and ammunition in accordance with the terms and conditions of the written agree-
ment referred to in paragraph (a).
25 Removal and transportation of firearms and ammunition within Zimbabwe
(1) In this section—
“firearm” and “ammunition” mean, respectively, a firearm and ammunition to which Part II applies.
(2) Subject to subsection (4), no person shall remove or transport or cause to be removed or transported any
firearm or ammunition from one place to another in Zimbabwe unless that firearm or ammunition is accompa-
nied—
(a) by the firearm certificate granted in respect of the firearm or ammunition; or
(b) where a permit has been issued in respect of the firearm or ammunition in terms of subsection (21) of
section eight, by the permit; or
(c) where the firearm or ammunition is the subject of a written agreement referred to in subsection (20) of
section eight, by the written agreement.
(3) If any person contravenes subsection (2), he shall be guilty of an offence and liable to a fine not exceed-
ing level four or to imprisonment for a period not exceeding three months or to both such fine and such imprison-
ment.
[Subsection as amended by section 4 of Act No. 22 of 2001]
(4) Nothing in this section shall apply to—
(a) a person carrying on the business of a carrier or an employee of such a person in respect of the removal
or transportation of any firearms or ammunition in the ordinary course of that business; or
(b) the removal or transport by a registered firearms dealer of any firearm or ammunition in his possession
in the ordinary course of his business as such from one of his places of business to another in the same
district or from or to his own place of business or to or from the place of business of another registered
firearms dealer in the same district.
26 Restrictions on possession of firearms and ammunition by young persons
(1) No person under the age of sixteen years shall purchase or hire any firearm or ammunition, and no person
shall sell or let on hire any firearm or ammunition to any other person whom he knows or has reasonable grounds
for believing to be under the age of sixteen years.
(2) No person under the age of fourteen years shall accept as a gift or borrow any firearm or ammunition to
which Part II applies, and no person shall give or lend any such firearm or ammunition to any other person whom
he knows or has reasonable grounds for believing to be under the age of fourteen years.
(3) No person under the age of fourteen years shall have in his possession any firearm or ammunition to
which Part II applies except in circumstances where he is entitled to have possession thereof without holding a
firearm certificate by virtue of subsection (9), (10) or (11) of section eight, and no person shall part with the
possession of any such firearm or ammunition to any other person whom he knows or has reasonable grounds for
believing to be under the age of fourteen years except in circumstances where that other person is entitled to have
possession thereof as aforesaid.
(4) If any person contravenes this section, he shall be guilty of an offence and liable to a fine not exceeding
level six or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.
[Subsection as amended by section 4 of Act No. 22 of 2001]
(b) knowingly and without lawful cause, points a firearm at any other person; or
(c) negligently or recklessly discharges a firearm or causes or permits a firearm to be discharged; or
(d) knowingly and without lawful cause, discharges a firearm in or upon a public place;
shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not
exceeding two years or to both such fine and such imprisonment.
[Subsection as amended by section 4 of Act No. 22 of 2001]
PART IV
GENERAL
(d) by the refusal of the Controller to issue written authority in terms of paragraph (a) of subsection (1) of
section ten; or
(e) by the refusal of the Controller to register him as a firearms dealer; or
(f) by the imposition of any conditions by the Controller in terms of subsection (4) of section fifteen; or
(g) by the removal of his name from the register of firearms dealers by the Controller; or
(h) by the refusal of the Controller to enter a place of business in the register of firearms dealers under
section seventeen; or
(i) by the removal of any such place of business from the register of firearms dealers under section seven-
teen.
(2) The Minister may, on an appeal in terms of subsection (1), confirm, vary or set aside the decision of the
Controller which is the subject of the appeal.
(3) An appeal from a decision of the Minister in terms of subsection (2) shall lie to a judge of the High Court
who may refer the matter to the court for argument.
(4) On appeal in terms of subsection (3), a judge of the High Court or the court, as the case may be, may
dismiss the appeal or give such directions as he or it may think fit to the Controller as respects the firearm certifi-
cate, permit or register which is the subject of the appeal.
(5) The decision of the judge of the High Court or the court, as the case may be, on any appeal in terms of
subsection (3) shall be final and without appeal.
37 Keeping of central register
(1) The Controller shall cause to be maintained a register containing particulars of all firearm certificates and
permits issued under this Act.
38 Appointment of Controller and delegation of powers
(1) The Commissioner of Police shall, for the purposes of this Act, appoint a police officer to be the Control-
ler of Firearms.
(2) The Controller may, with the approval of the Commissioner of Police, by notice in the Gazette—
(a) delegate any of his functions in terms of this Act to such persons as may be specified in that notice,
subject to such conditions as may be specified therein;
(b) withdraw any delegation or vary any conditions imposed in terms of paragraph (a).
39 Service of notices
Any notice required or authorized by this Act to be given to any person may be sent by registered post in a
letter addressed to him at his last or usual place of abode or, in the case of a registered firearms dealer, at any
place of business in respect of which he is registered.
40 Reciprocal recognition of certificates issued in neighbouring countries or territories
The President may, if he is satisfied that reciprocal provisions have been made in the laws in force in any
neighbouring country or territory for the recognition by and under the law in force in such country or territory of
firearm certificates granted under this Act, by proclamation, declare that an arms licence or certificate correspond-
ing to a firearm certificate under this Act and issued under such law shall, on being endorsed by the Controller,
have the same effect in Zimbabwe as if it were a firearm certificate granted under this Act.
41 Savings
(1) The provisions of this Act relating to ammunition shall be in addition to, and not in derogation from, any
other enactment relating to the keeping and sale of explosives.
(2) Nothing in this Act shall apply to—
(a) an antique or other firearm which is or has been rendered permanently incapable of discharging any
shot, bullet or other missile and which is sold, transferred, purchased, acquired, transported or possessed
as a souvenir, curiosity or ornament; or
(b) an antique firearm or ammunition which belongs to or is kept in a museum, and in respect of which the
Minister has given a certificate that he is satisfied that proper and adequate precautions have been taken
for preventing the firearm or ammunition falling into the hands of any person not lawfully entitled under
this Act to possess that firearm or ammunition .
42 State not bound
This Act shall not bind the State:
Provided that nothing in this section shall be construed so as to render lawful the possession by any employee
of the State of a firearm or ammunition on any occasion or in any circumstances not authorized by the State.
43 Regulations
(1) The Minister may make such regulations as may reasonably be necessary effectively to administer this
Act.
(2) Regulations may—
jbzowa@justice.gov.zw
(a) prescribe the form of a firearm certificate and of any register required to be kept under this Act, and of
any other permit or document under this Act;
(b) prescribe the fees to be paid for anything done or for any firearm certificate, permit, document or author-
ization issued, granted, replaced or renewed under this Act;
(c) prescribe the safety measures to be adopted for the safekeeping of firearms and ammunition;
(d) notwithstanding any provisions of this Act—
(i) exempt from compliance with all or any of the provisions of this Act, persons who possess, use,
purchase, acquire, sell, transfer or dispose of any class or type of firearm or ammunition which is
specified in the regulations and which, in the opinion of the Minister, is designed wholly or mainly
for the destruction of vermin; and
(ii) regulate the possession, use, purchase, acquisition, sale, transfer or disposal of any firearm or
ammunition referred to in subparagraph (i);
(e) prescribe the procedure for appeals in terms of subsection (1) of section thirty-six;
(f) prescribe any other thing which under this Act is to be prescribed.
(3) Regulations made for matters referred to in paragraph (c) of subsection (2) may make different provision
as respects different classes of persons or different classes or descriptions of firearms or ammunition or as respects
the same class or description of firearms or ammunition in different circumstances.