Law No. (1) of 1967 on arms, ammunition and explosives law

 

Royal Decree

on the Law on weapons, munitions, and explosives

We, Idris I, King of the Kingdom of Libya

·             Upon review of Article (64) of the Constitution;

·             Based on the submission of the Minister of Interior and the approval of the Cabinet;

decree the following:

Part (1)

General Provisions

Article (1)

The possession, acquisition, manufacture, or sale of any type of weapons, munitions, or explosives is prohibited, unless licensed for such in accordance with this Law and within the limits set out herein.

Article (2)

Anyone granted a license in accordance with this Law must meet the following requirements:

a.          Is of good character and sound mind and reason.

b.         Is not under the age of twenty-one.

c.          Has not been convicted of a felony or sentenced to imprisonment for a year or more in a crime of aggression against persons or property, unless rehabilitated.

d.         Has not been sentenced to a custodial penalty for a violation of this Law, or convicted of a crime of drug trafficking, drug possession, theft, or any other crime using a weapon or carrying a weapon during the commission thereof, if carrying such weapon is deemed to be an aggravating circumstance therein.

e.          Has not had any of the preventative custodial measures set out in Article (144) of the Penal Code instituted against them.

f.            Has not previously entered a mental health hospital or clinic.

Article (3)

1.         Licenses shall be granted by the Minister of Interior, who may refuse to issue a license, restrict it to specific types of weapons and munitions, or any condition he deems fit and may at any time withdraw a license temporarily or cancel it. The Minister of Interior may delegate another to exercise these powers, provided that such powers as relates to the manufacture of weapons, munitions, and explosives belong to the Minister of Industry, after the approval of the Minister of Interior and the Minister of Defence.

2.         In the event of withdrawal or cancellation of a license, a licensee must turn in the licensed weapons or materials to the police station in their district, within the period specified by the body that issued the order.

3.         If a licensee turns in licensed weapons or materials to the police station, whether of their own accord or based on the provision in the preceding paragraph, the licensee may dispose of the items they turned in by sale or other types of disposals to another person licensed to possess or trade such. If not disposed of within a year from the date of being turned in to the police station, ownership of the weapons shall be deemed to be transferred to the state, and any right to compensation shall lapse.

 

Article (4)

License and renewal requests shall be submitted to the entity and on the form specified by the competent minister pursuant to a decree therefrom.

Article (5)

1.         Applicants must pay the license or renewal fee. The fee shall be determined pursuant to a decree from the competent minister, provided it not exceed two hundred fifty millimes.

2.         If a license is lost or damaged, the licensee may request that the body that issued the license grant them a copy thereof for a fee of two hundred fifty milliemes.

Article (6)

Licenses shall be deemed personal and may not be assigned to a third party before obtaining a license for such in accordance with the provisions of this Law.

Article (7)

1.         Licenses shall be valid for a period commencing on its date of issue until 31 December of the year in which the license was issued.

2.         Afterwards, they may be renewed yearly for a period commencing on 1 January and ending on 31 December of each year, provided that a renewal request is submitted at least thirty days prior to the expiration of the license term.

3.         However, if the period remaining before the end of the year in which the license was initially granted does not exceed three months, the license shall be deemed valid until 31 December of the following year.

Part (1)

Chapter (1)

Possession of Weapons and Munitions

Article (8)

1.         License to acquire or possess weapons may be granted based on Schedule (1), attached. The Minister of Interior may amend this schedule by addition or deletion pursuant to a decree issued thereby.

2.         Munitions used in said weapons may not be possessed or acquired except by someone licensed to have such weapons, and if the munitions are specifically for such weapons and in the amount specified by the Minister of Interior pursuant to a decree therefrom.

3.         In all cases, licenses to possess or acquire the weapons listed in Schedule (2) attached may not be issued. The Minister of Interior may amend this schedule by addition or deletion.

Article (9)

1.         Licenses may not be granted for a person to possess more than two of the weapons set out in Schedule (1) attached.

2.         Licenses for more than the number specified in the preceding paragraph may be granted pursuant to a decree from the Minister of Interior, when necessary.

Article (10)

Licenses shall be deemed cancelled automatically in the following circumstances:

a.          The licensee no longer meets one of the requirements set out in Article (2).

b.         The license term expired and a renewal was not requested within the specified time period.

c.          Violation of license requirements.

d.         A weapon is lost.

e.          It is given to a person other than the licensee.

f.            A licensee is caught carrying the weapon while in a state of evident intoxication.

g. Death.

Article (11)

The provisions of this Chapter shall not apply to government weapons and munitions turned over to members of the army, general security, the customs guard, and other judicial police officers permitted to carry them, within the limits and according to the provisions of the laws and regulations in force.

Chapter (2)

Trade, Manufacture, and Repair

of Weapons and Munitions

Article (12)

1.         Licenses to import and trade or manufacture and repair weapons and munitions shall be issued for a period of two years, provided the license states the location where it is valid. This location may not be changed except by prior permission from the competent minister or representative thereof.

2.         Such licenses shall be renewable on condition that the renewal request is submitted at least thirty days prior to the license expiration date.

Article (13)

1.         Licenses to trade, manufacture, or repair weapons or munitions shall not be granted in cities that do not have a police station. The competent minister may specify the squares, streets, and roads where the aforementioned licenses are permitted.

2.         The number of licenses for each governorate and the necessary location requirements shall be specified pursuant to a decree from the competent minister.

Article (14)

1.         The quantity of weapons and munitions allowed per year for importers or traders shall be specified pursuant to a decree from the Minister of Interior or representative thereof.

2.         The permit for the allowed import quantities shall be valid for six months and may be extended another six months. All weapons or munitions imported without prior permission shall be subject to administrative seizure.

Article (15)

Licenses to manufacture weapons or munitions shall not be granted until after meeting the requirements set out by the Minister of Industry, with the agreement of the Minister of Defence and the Minister of Interior.

Article (16)

In addition to the requirements set out in Article (2), anyone licensed to repair weapons must pass a test whose content, requirements for passage, and the body administering such test shall be determined by the Minister of Interior.

Article (17)

1.         Persons licensed to trade weapons or munitions must keep two registers, one for recording items received, who they were received from, and the date of receipt, and the other register for recording all disposals thereof, stating the names of the parties to whom they were disposed, their license number, and date of receipt.

2.         Persons licensed to manufacture weapons or munitions must keep two registers, one for recording the quantity and type of items manufactured thereby, and the other register for recording all disposals thereof, stating the names of the parties to whom they were disposed, their license number, and date of receipt.

3.         Persons licensed to repair weapons must keep two registers, one for recording the quantity and type of weapons and parts thereof they receive to repair, stating the date of receipt, name of the weapon owner, and their license number, and the other register for recording the weapons they deliver, stating the delivery date and obtaining a signature of receipt from the weapon owner and their license number.

4.         The registers set out in this Article shall be in accordance with the forms determined by the competent minister and numbered and stamped with the seal of the relevant ministry or governorate. The General Security authorities may inspect such books at any time.

Article (18)

1.         Weapons or munitions prepared for trade may not be transported from one location to another without written permission from the director general of the Security Force in whose area of jurisdiction the destination to which they are being transported is located, provided that the permit state the quantity of weapons or munitions licensed for transport, the destination from which they are being transported, the destination to which they will be transported, the means of transportation, the time such will occur, the route, the name of the recipient, and any other conditions required by the General Security Agency.

2.         All weapons and munitions transported without obtaining the aforementioned permit shall be apprehended and placed in administrative seizure.

Part (3)

Explosives

Article (19)

1.         In the application of this Law, the word "explosives" shall include the explosives set out in Schedule (3), attached.

2.         The disassembly of bombs and mines and the removal of the explosives therefrom shall be deemed manufacturing.

Article (20)

1.         Licenses shall be valid for a period commencing on its date of issue until 31 December of the year in which the license was issued.

2.         Afterwards, they may be renewed yearly for a period commencing on 1 January and ending on 31 December of each year, provided that a renewal request is submitted at least thirty days before the license term expires

3.         However, if the period remaining before the end of the year in which the license was initially granted does not exceed three months, the license shall be deemed valid until 31 December of the following year.

4.         Licenses shall be limited to the specific location thereof, and no explosives may be transported from one location to another or unloaded from ships or vehicles except by a permit from the Minister of Interior or representative thereof and under a guard organized by the General Security Force; otherwise, the transported explosives shall be placed in administrative seizure.

 

 

 

Article (21)

1.         The quantity of explosives allowed per year to the trader or manufacturer shall be specified by a decree from the competent minister, as well as the requirements to be met at the location specified for holding, trading, or manufacturing the explosives.

2.         Licensees must keep two registers, one in which they record the explosives received, and the other in which they record the disposals thereof with the signature of receipt and license number of the party to whom they were disposed. Each register shall be in accordance with the form determined by the competent minister, numbered, and stamped with the seal of the ministry of governorate. The General Security authorities may inspect these books at any time.

Article (22)

Persons licensed to manufacture or hold explosives must have insurance covering workers' lives and injury for damages sustained thereby.

The minimum amount of insurance shall be determined pursuant to a decree from the competent minister.

Part (4)

Penalties

Article (23)

1.         Without prejudice to any more severe penalty imposed under another law, the following shall be punishable with imprisonment for a period of not less than one year and not more than three years and a fine of not less than one hundred pounds and not more than three hundred pounds:

a.          Anyone who manufactures, imports, or trades weapons, munitions, or explosives without a license issued in accordance with this Law.

b.         Anyone who violates the order issued to them in accordance with this Law to turn in the weapons, munitions, or explosives in their possession.

2.         Anyone who has in their possession weapons, munitions, or explosives without a license issued in accordance with this Law shall be punishable with imprisonment for a period of not less than six months and not more than one year and a fine of one hundred pounds, without prejudice to any more severe penalty provided under the Penal Code.

3.         Anyone who commits a violation of this Law other than those set out above shall be punishable with imprisonment from not more than six months and a fee of not more than one hundred pounds or one of these two penalties.

 

 

Article (24)

In addition to the penalties set out in the preceding Article, a ruling shall be issued to confiscate the weapons, munitions, and explosives in question in the crime.

Article (25)

Anyone who possesses weapons, munitions, or explosives in a manner that violates this Law on the date said Law comes into force shall be exempted from penalty if a license for such is requested or they turn in such items to the police station where they reside within three months from said date.

Final and Temporary Provisions

Article (26)

Licenses to carry weapons, licenses to import, trade, manufacture, and repair weapons and munitions, as well as licenses to import, trade, manufacture, use, and possess explosives issued in accordance with state laws shall remain valid until they expire.

Article (27)

State laws regulating weapons, munitions, and explosives, as well as any provision that conflicts with the provisions of this Law shall be repealed.

Article (28)

The Ministers, each within their purview, shall implement this Law and the Minister of Interior may issue the necessary implementing decrees. This Law shall enter into force on the date of its publication in the Official Gazette.

Idris 

Issued at Dar Al Salaam Palace in Tobruk on 6 Rabi' al-Thani 1387 AH

Corresponding to 13 July 1967

By order of the King

Abdul-Qadir el-Badri

Prime Minister

 

Ahmad Aun Suf

Minister of Interior

Abu Youssef Yassin

Minister of Defence

 

Mohammed al-Mansouri

Minister of Industry

 

 

Schedule (1)

List of weapons for which licenses may be granted

Including firearms and all instruments intended by their nature to inflict harm on persons, in particular:

1.         Cold weapons:

Swords, with the exception of épées; bayonets; daggers; spears; double-edged, single-edged, and half-edged knives; spears and spearheads; arrows and arrowheads; skewers; pointed or polished bars affixed to a stick; maces; brass knuckles.

2.         Smoothbore firearms, i.e., non-rifled firearms

3.         Rifled-bore firearms:

a.          Pistols of all types.

b.         Rifled-bore rifles of any kind.

 

 

 

Schedule (2)

List of weapons for which licenses shall not be granted

Canons.

Machine guns.

 

 

Schedule (3)

List of explosives

1.         Gunpowder, nitro-glycerine, dynamite, guncotton, explosive powders, mercury fulminate or other metal fulminates, gelignite and any explosive material, bombs and any device or instrument with explosive materials, asphyxiating, blinding, or noxious gasses of any kind.

2.         The munitions set out in Article (8) shall not be considered explosives.

 

 

Show the legislation in a second language

Text information