On a quiet afternoon on January 21, 2013 a deadly explosion ripped through the quiet, but busy high-density suburb of Zengeza in Chitungwiza. Police later confirmed that it was an anti-tank landmine and it had exploded at a traditional healer’s house. Five people died and many were injured, as surrounding houses were all razed to the ground in the ferocious blast.
MIRIAM TOSE MAJOME
To this day, in typical Zimbabwean urban legend style, superstitious people still swear that it was a witchcraft and lightning deal that turned sour. We discuss firearms laws as more and more people acquire guns and ammunition, be it legally or illegally. The firearms and ammunitions laws are very strict, hence, the commendable low levels of violent crimes that involve firearms, such as robberies, kidnappings and indeed freak calamities like the Zengeza blast. The majority of people, who own guns, do so legally with only a small number of them ending up in the wrong hands such as backyard faith dealers and healers. We will discuss some of the basic laws of firearms and ammunition.
The law The Firearms Control Act Chapter 10:09 prescribes the relevant firearms and ammunition laws. Firearms are described as any lethal barrelled weapons of any description from which any shot, bullet or any other missile can be discharged or which can be adapted for the same purposes. Ammunition means explosives like grenades, bombs and all other missiles such as bullets.
The power of the gun Possession and usage of firearms has to be tightly controlled otherwise countries would be unliveable and ungovernable. Images of gun-toting Colombian rebels roaming urban streets in Bogota do not augur well for peaceful normal living. Gun lobbyists and gun owners are a portent political force anywhere and have the ability to upset the social and political balance.
The very powerful National Rifle Association in the United States is a permanent thorn in the flesh for all American presidents and presidential candidates. The association is so powerful that it cannot be controlled because it resists any government attempt to impose stricter gun laws, when urgent reforms are needed with the ever rising levels of gun-related violence and crimes in the States.
Whoever holds a gun holds the power. Fellow lovers of history will recall the story and celebration of the Maxim gun invented by British inventor Hiram Stevens Maxim in 1883. It is arguably the one weapon most associated with British imperial conquest. Without it, there might never have been a British Empire, thereby, altering the course of world history and politics. In fact, everywhere guns have shaped history and politics, so it is essential to control them tightly. The Maxim gun was first used by Britain’s colonial forces in the 1883-1894 first Matabele War at the battle by the Shangani River.
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Seven hundred British soldiers fought off approximately 5 000 Ndebele warriors with reportedly just four to seven Maxim guns between them. Thousands of Ndebele warriors were killed, while it is said only 10 British soldiers died from the spears and arrows thrown at them by the Ndebele. The timeless words of poet Hilaire Belloc emboldened the British soldiers in this and all wars they fought in their pursuit of imperial and material conquest: ‘‘Whatever happens, we have the Maxim gun and they have not.’’ And he was right.
Permitted uses of firearms Firearms are used by civilians for protection of private property, personal security, self-defence, hunting, sport, hobbies and other approved uses. Showing off, impressing friends and lovers and intimidating other people are not valid reasons for owning a gun. In addition, having a firearms licence is not a licence to use the gun anyhow and anywhere. No person is allowed to buy, acquire or have in their possession any firearm or ammunition unless they have a firearms certificate. Unauthorised possession and usage of firearms is a criminal offence which attracts a lengthy prison sentence.
Applying for a certificate Applications for a firearms certificate are made to the police through the Controller of Firearms. The duration of licences varies from three to 10 years and are renewable. The controller will only grant a firearms certificate after careful assessment and vetting of both the application and the applicant. The applicant has to have a good reason for wishing to purchase and use a firearm.
Farmers, guards and business people, who carry cash and valuables are good candidates because they are regular crime targets. So too are victims and targets of crime like persistent housebreaking but are also subject to thorough vetting. The controller has to be satisfied that that applicant is capable of possessing and using the firearm or ammunition in a reasonable manner which will not endanger public safety and peace.
Licences cannot be given to persons who are prohibited from possessing firearms, for example, people with a violent criminal history. For very obvious reasons people of intemperate habits or unsound mind or any other unfit persons cannot be licenced to own guns.
Guns should not be put in the hands of bad and short-tempered people or indeed fools, although they very often are and a fool and his gun are soon spotted. A firearm is only to be used for the purpose for which it is licensed. If it is issued for protection of cash in transit it should not be used for guarding property or to rob banks.
A firearm has to be stored and kept in an approved secured hold as specified in regulations. The licensee is compelled to inform the Controller of any change of address if the firearm is permanently removed from where it is ordinarily kept.
A licence may be withdrawn in the event of a breach of conditions of its issuance or upon discovery of concealed information used at the time it was obtained. A person will be guilty of a criminal offence if false information was used to acquire the firearm.
Miriam Tose Majome a lawyer and a teacher. She can be contacted on [email protected]
