Law No. (29) of 1993 on hunting weapons and ammunition

Law No. (29) of 1423 FBP

on Hunting Weapons and Ammunition

 

The General People’s Congress 

• In implementation of the resolutions passed by the Basic People’s Congresses in their ordinary meetings in

1403 FDP, corresponding to 1993 AD, which were drafted by the General Forum of Basic People’s Congresses,

People’s Committees, and Professional Syndicates, Unions and Associations the “General People’s Congress”

in its second ordinary meeting during the period from 10 to 17 Sha’ban 1403 FDP, corresponding to 22 to

29 January 1423 FBP, and 

• Upon review of the Weapons, Ammunition and Explosives Law of 1967 AD,

as amended; 

• Law No. (28) of 1968 AD on Hunting; and 
• Law No. (7) of 1981 AD on the Possession of Weapons, Ammunition

and Explosives, 

 

has formulated the following Law:

Part (I)

General Provisions

 

Article (1)

No person may possess, acquire, manufacture, trade, import or export any kind of hunting weapons and ammunition, unless it is duly licensed in accordance with the provisions of this Law and within the limits set forth herein.

 

Article (2)

A person granted a license under the provisions of this Law shall satisfy the following conditions: 

a) Be of good conduct and behavior and sound mind and perception; 

b) Be free of any bodily disability that may hinder the proper use of a weapon; 

c) Be at least thirty Gregorian years old; 

d) Have not been convicted of a felony or sentenced to imprisonment for one year or more in a crime of assault against persons or property, unless rehabilitated; 

e) Have not been sentenced to a custodial penalty for violating this Law or the weapons, Ammunition and Explosives Law, committing a drug-related crime, robbery, or any other crime involving the use or carrying of weapons, if carrying weapons was an aggravating circumstance; 

f) Have not been the subject of a preventive measure provided for in Article (144) of the Penal Code; 

g) Have not been previously admitted to a mental health hospital or facility for treatment; 

h) Have not previously lost or intentionally damaged a weapon licensed for his possession, or such a weapon has not been confiscated from him for any reason whatsoever; and 

i) Be a worker in livestock grazing or agriculture or a resident of a remote area.

 

Article (3)

As an exception from the provisions of the last paragraph of the previous Article, the Secretary of the General People’s Committee for Justice and Public Security may authorize the possession of hunting weapons and ammunition. 

 

Article (4)

1. The license shall be granted by the Secretary of the General People’s Committee for Justice and Public Security, who may also withdraw, temporarily, or revoke such license. 

2. In the event of temporary withdrawal or revocation of the license, the licensee shall hand over the licensed hunting weapon and ammunition to the police station where he resides, within the period specified by the issuer of the order. 

3. The application for the issue or renewal of a license shall be in the prescribed forms, and be submitted to the entity specified by the Secretary of the General People’s Committee for Justice and Public Security. 

 

Article (5)

1. An applicant for a license or the renewal thereof shall pay the prescribed fees, which shall be identified by a decree of the Secretary of the General People’s Committee for Justice and Public Security. 

2. If the license is lost or destroyed, the licensee may request a copy thereof from the issuer for a prescribed fee. 

 

Article (6)

The license shall be considered personal, and may not be assigned to a third party without an authorization to that effect, in accordance with the provisions of this Law.

 

Article (7)

1. The license shall be valid for one year, starting from the beginning of January and expiring at the end of December each year. 

2. The license may be renewed annually, providing that the renewal application shall be submit 30 days before the expiry date thereof. 

3. If the license is issued during the year, it shall expire at the end of the year of issuance. If the remaining period until the end of the year is less than three months, the license shall be considered valid until the end of December of the following year.

 

Article (8)

The license shall be rendered null and void in the following cases: 

a. If the licensee ceases to satisfy any of the conditions set out in Article (2) herein or violates the licensing conditions; 

b. If the license term expires without submitting a renewal application within the prescribed period; 

c. If the weapon is lost; 

d. If the licensee gives the licensed weapon to an unlicensed person; 

e. If the licensee is apprehended carrying the hunting weapon while being visibly intoxicated; 

f. If the licensee dies; or 

g. If the licensee uses the hunting weapon for purposes other than those stipulated by the law or makes a fundamental change thereto.

 

Part II

Chapter I

Possession of Hunting Weapons and Ammunition

 

Article (9)

In application of this Law, hunting weapons shall refer to smoothbore weapons having a barrel without rifling.

 

Article (10)

A license to acquire and possess the weapons described in the previous Article may be issued. However, a license to acquire and possess the ammunition used for the aforementioned weapons may only be issued to persons licensed to acquire and possess such weapons, provided that the ammunition is specifically used for the licensed weapon and the ammunition to be acquired and possessed is within the limits of quantities identified by a decree of the Secretary of the General People’s Committee for Justice and Public Security. 

 

Article (11)

A person may not be granted a license to possess more than one piece of hunting weapons.

 

Chapter II

Trading, Importing, Exporting, Manufacturing

and Repairing Hunting Weapons and Ammunition

 

Article (12)

Notwithstanding the provisions of Article (1) of this Law, the Sila Amnia General Co. for Safety & Security Equipment shall solely be entrusted with importing, exporting, trading, manufacturing and repairing hunting weapons and ammunition.

 

Part III

Penalties

 

Article (13)

First: Whoever exports, trades or manufactures any type of hunting weapons or ammunition in violation of the provisions of this Law shall be punished with imprisonment and a fine of no less than LYD 1,000. 

Second: If a person acquires or possesses hunting weapons or ammunition without a license, he shall be punished with imprisonment for no less than one year and/or a fine of no less than LYD 200. 

Third: If a person carries out any of the following acts, he shall be punished with imprisonment for no less than six months and/or a fine of no less than LYD 200, but not exceeding LYD 400: 

1. Firing a gun in a residential neighborhood or areas adjacent thereto or on the main road or in the direction thereof; 

2. Carrying a loaded hunting rifle while in a gathering or an event; 

3. Giving the weapon to a child under the age of 14 or allowing the child to carry it; 

4. Being apprehended while carrying a weapon in a state of visible intoxication or under the influence of any prohibited psychotropic substance; 

5. Neglecting the safekeeping of a licensed weapon or ammunition or failing to prevent the easy access thereto by a third-party; and 

6. Importing hunting weapons and ammunition without a license. 

Fourth: If a person carries out any of the following acts, he shall be punished with imprisonment for no less than three months and/or a fine of no less than LYD 100: 

1. Giving a licensed weapon to another person; 

2. Using a hunting weapon for purposes other than those authorized under the law or making a fundamental change thereto; and 

3. Failing to renew the license within the legally prescribed period. 

Fifth: If a person contravenes an order issued thereto under this Law to hand over the licensed weapon and ammunition in his possession, he shall be punished with a fine of no less than LYD 400, but not exceeding LYD 1,000. 

Sixth: If a person violates the provisions of this Law in any other way, he shall be punished with imprisonment for no less than one year and/or a fine of no less than LYD 200, but not exceeding LYD 400.

 

Article (14)

In addition to the penalties stipulated in the preceding Article, hunting weapons, ammunition and the mechanical vehicle subject of the crime shall be seized.

 

Article (15)

Within a period not exceeding three months from the enforcement date of this Law, if a person possesses a hunting weapon or ammunition in violation of the provisions set out herein and hands them over to a police station or post where he resides, he shall be exempted from penalty.

 

Final Provisions

 

Article (16)

Any provision that is contrary to the provisions of this Law shall be repealed.

 

Article (17)

The Secretary of the General People’s Committee for Justice and Public Security shall issue the decrees necessary for the implementation of this Law. 

 

Article (18)

This Law shall be published in the official gazette and shall enter into force as of the date of publication.

 

The General People’s Congress

Issued in: Sirte

On: 17 Sha’ban 1403 FDP

 Corresponding to: 29 January 1423 FBP