PROCLAMATIONS 1901. FIREARMS AND AMMUNITION.* PROCLAMATION No. 1 OF 1901. A PROCLAMATION to regulate the importation into, and the storage, disposal and sale of Firearms and Ammunition, in the Protectorate of Northern Nigeria. [16th February, 1901. WHEREAS the Protectorate of Northern Nigeria is within the zone specified in the eighth Article of the Brussels Conference, dated 2nd July, 1890: BE IT ENACTED by the High Commissioner of Northern Nigeria as follows: 1. This Proclamation may be cited as the "Firearms and Short title. Ammunition Proclamation, 1901." 2. In this Proclamation the following words shall have the Interpremeanings attached to them "Firearms" shall include any weapon discharging a projectile by explosion, or any part or parts of such weapon. Ammunition" includes any powder or other preparation used to produce explosion, or any cap, rocket or cartridge containing such preparation, or any projectile for discharge by such preparation, or any component parts of the same, and all other materials for loading firearms. "Arms of Precision" include magazine guns, rifles, breechloaders, percussion muskets, and flintlocks with rifled barrels, or any part or parts thereof. "Public Warehouse" means any place or building which the "Importer" includes any owner or other person for the time * Proclamation No. 8 of 1904 is incorporated. tation. in a public or licensed warehouse. "Deals in" includes disposal by sale, barter, exchange, gift, or in any other manner with or without valuable consideration. Imported fire- 3. All firearms and ammunition imported into the Protectorate arms, etc., are by any waterway shall be deposited at the cost, risk, and peril to be deposited of the person importing the same in such public warehouse or warehouses as shall be appointed by the High Commissioner by Government Notice: Provided that the High Commissioner may permit flintlock guns with unrifled barrels and common gunpowder, known as trade gunpowder, to be deposited direct in any warehouse licensed by him in the forms of Schedule A and B of this Proclamation, as a private warehouse for the storage of such guns and powder. Any license so issued may be withdrawn by the High Commissioner at any time. Introduction by land prohibited except upon special license. Penalty for 4. It shall not be lawful to introduce into the Protectorate any firearms or ammunition from neighbouring countries which have not passed through a British West African Port, but the High Commissioner may on special request grant licenses in the form of Schedule C of this Proclamation for the introduction by land of specified firearms or ammunition at such places† as shall be appointed by the High Commissioner: (1.) To persons affording sufficient guarantees that the firearms or ammunition in question will not be given, assigned or sold to third parties. (2.) To travellers provided with a declaration of their Government being a Power signatory to the General Act of the Brussels Conference, 1890, stating that the firearms or ammunition are destined exclusively for personal defence. Such persons or travellers shall after crossing the frontier into the Protectorate proceed to the nearest frontier post and deposit with the officer in charge of the post, all their firearms for the purpose of having them registered and marked as provided for in section 11 of this Proclamation. 5. Any person contravening the provisions of either of the two contravention. preceding sections, shall on conviction before the Supreme Court or a Provincial Court (which may order the firearms or ammunition to be forfeited to Her Majesty) be liable to a penalty not exceeding One hundred pounds or to imprisonment for any period not exceeding twelve months. Firearms not to be withdrawn without High Commissioner's authority. 6. No firearms or ammunition shall be withdrawn from a public warehouse except on the written authority of the High Commissioner. Any person delivering or withdrawing any firearms or ammunition from a public warehouse without the proper authority, For Public Warehouses see clause 3 of Government Notice of 30th January, 1904, T For list see clause 9 of Government Notice of 30th January, 1904, infra. infra. shall be liable on conviction before the Supreme Court or a Provincial Court, to a penalty not exceeding One hundred pounds or to imprisonment for any period not exceeding twelve months. guns and 7. The High Commissioner shall not authorise the withdrawal Withdrawal for sale from a public warehouse of any firearms or ammunition of flintlock other than flintlock guns with unrifled barrels and common gun- trade gunpowder, known as trade gunpowder, and the High Commissioner powder from shall in authorising any such withdrawal, specify the number of a public guns, and the quantity of gunpowder to be withdrawn, and also the warehouse. store or depot within the Protectorate in which such flintlock guns and such common gunpowder may be kept and the district or regions in which the same may be sold. Any person or persons so authorised to withdraw flintlock guns or common gunpowder out of any public warehouse, shall at the end of every six months, commencing from the date of such authority, submit to the High Commissioner detailed lists, indicating the destination of the firearms and gunpowder sold, as well as the quantity still remaining in his store. Whosoever shall remove from a public warehouse for sale any firearms or ammunition other than flintlock guns or common gunpowder, or shall without proper authority remove any such firearms or ammunition, as under this section may be authorised. to be removed for sale, or shall sell firearms and ammunition authorised to be removed for sale in any district or region other than a district or region specified in such authority, or shall contravene any of the provisions of this section, shall be liable on conviction before the Supreme Court or a Provincial Court to a penalty not exceeding One hundred pounds, or to imprisonment for a period not exceeding twelve months. 8. It shall not be lawful to remove any gunpowder or flintlock Withdrawal guns from any private warehouse unless an order in the form of from licensed Schedule D of this Proclamation, duly filled and signed by the warehouses. licensee or his agent, is presented to the Resident of the Province, or in his absence to the Assistant Resident. On such order being countersigned by the Resident or Assistant Resident as the case may be, it shall be lawful for the licensee to withdraw the gunpowder or flintlock guns enumerated therein from the private warehouse in which they are stored: Provided that the licensee shall not sell more than seven pounds of gunpowder so withdrawn to any one person, unless such person produce a license to re-sell. The licensee or his agent shall immediately after the expiration of the six months ending the 30th June and 31st December in each year, submit to the High Commissioner detailed lists indicating the quantities and the destinations of the guns and powder sold during the previous half year, as well as the quantities then * For rules as to withdrawal of gunpowder, see infra, Firearms may be issued to public Forces. High Com missioner not to authorise the with drawal of arms of precision. Exceptions. License to remaining in the warehouse. Any person contravening the provisions of this section shall on conviction before the Supreme Court or a Provincial Court (which may order the gunpowder or flintlock guns removed contrary to the provisions of this section to be forfeited to Her Majesty) be liable to a penalty not exceeding One hundred pounds or to imprisonment for any period not exceeding twelve months. 9. The High Commissioner may, notwithstanding the provisions of this Proclamation, take such measures as he thinks fit for importing, storing, and issuing firearms and ammunition for the use of the troops or Police or other public Force or for any public purpose whatsoever. 10. It shall not be lawful for the High Commissioner to authorise any withdrawal from a public warehouse of any arms of precision whether whole or in detached pieces, or any ammunition intended for them except : (1.) To persons affording sufficient guarantees that the arms of precision and ammunition delivered to them will not be given, assigned, or sold to third parties. (2.) To travellers provided with a declaration of their Government, being a Power signatory to the General Act of the Brussels Conference, 1890, stating that the arms of precision and ammunition are destined exclusively for their personal defence. All arms of precision so withdrawn in the excepted cases shall bear firearms. be registered and marked by the officer appointed to supervise such public warehouse, who shall deliver to the person in question a license to bear firearms in the form of Schedule F, signed by the High Commissioner, indicating the name of the bearer and showing the stamp with which the firearms are marked. Arms of precision to be marked in certain cases. 11.-(1.) For the purpose of preventing fraud all persons who license. 12. All licenses to bear firearms granted under the two pre- Duration of ceding sections shall be in operation for five years only, but may be renewed: Provided that whenever a licensee shall leave the Protectorate he shall deliver up his license to the officer appointed to supervise the public warehouse or to the nearest district officer, and shall account for the loss or disposal of any arms mentioned in the license which are not in his possession.* Any person bearing arms of precision without a license to do so, or contravening the terms of his license or the provisions of this section shall be liable on conviction before the Supreme Court or a Provincial Court to the revocation of his license and to a penalty not exceeding fifty pounds, or to imprisonment for any period not exceeding six months. 13. Notwithstanding the provisions of this Proclamation the Transit. High Commissioner shall by permit under his hand authorise the landing and transit of firearms and ammunition towards inland territories under the sovereignty or Protectorate of another Power signatory of, or adhering to, the said General Act of the Brussels Conference: Provided such Power have no direct access to the sea through its own territory, or, if it possesses such access, provided the same is for the time being completely interrupted. Before granting any such permit the High Commissioner shall require production to him of a declaration from the Power having such inland possessions, certifying that the firearms and ammunition for which transit is demanded are not destined for sale, but are for the use of the authorities of such Power, or of the Military Forces necessary for the protection of the Missionary or Commercial stations of such Power, or of persons mentioned by name in such declaration. in certain cases. 14. The High Commissioner may, nevertheless, refuse to grant Power to any such permit whenever, in consequence of inland disturbances refuse transit or other serious danger, there is ground for fearing that the despatch of firearms and ammunition might compromise the safety of the Protectorate. 15. It shall be lawful for the High Commissioner from time to time to fix by Government Notice the rates of rent which shall be payable in respect of any firearms or ammunition deposited in any public warehouse, and all such sums shall be paid to, and received by, the officer in charge of such public warehouse, and shall by him be paid at the end of every month into the Treasury as part of the general revenues of the Protectorate. No authority shall be given by the High Commissioner for the withdrawal of any firearms or ammunition in respect of which all arrears of rent have not been fully paid. See Clause 6 of Government Notice of 30th January, 1904, infra, Rate of rent for storeage of firearms, etc., in public warehouse. |