قانون رقم (2) لسنة 1998م بشأن الأسلحة النارية والذخائر

Firearms and Ammunition Law No. 2 of 1998

The Chairman of the Executive Committee of the Palestine Liberation Organisation,

The President of the Palestinian National Authority,

Having reviewed the Firearms Ordinance No. 20 of 1922 and its Amendments in force in the Governorates of the Gaza Strip,

Having reviewed the Firearms and Ammunition Law No. 34 of 1952 and its Amendments in force in the Governorates of the West Bank,

Having reviewed the draft law submitted by the Council of Ministers, and

Based upon the approval of the Legislative Council,

I hereby promulgate the following law:

Part I. Definitions

Article 1

In applying the provisions of this law, the following terms and expressions shall have the meanings specified below, unless the context determines otherwise:

National Authority: The Palestinian National Authority.

Ministry: The Ministry of the Interior.

Minister: The Minister of the Interior.

Arm: Any firearm regardless of its type, or any part or accessories of any firearm, excluding hunting guns, air guns, rifles that shoot a bullet or a missile by the pressing of a button, and firearms that are not kept for use except as antiques.

Part II. Acquiring and Ownership of Firearms and Ammunition

Article 2

It shall be prohibited to possess or carry any of the firearms ennumerated in Table No. 1 and part 1 of Table No. 2 attached to this law without a license from the Ministry of the Interior.

Article 3

It shall be prohibited to possess or carry any of the firearms ennumerated in part 2 of Table No. 2 attached to this law, sound mufflers or reducers, as well as telescopes mounted on firearms without a license from the Ministry of the Interior.

Article 4

The tables attached to this law may be amended by the decision of the Minister, either by addition or omission, except for the firearms ennumerated in part 2 of Table No. 2, where amendments may include only additions.

Article 5

It shall be prohibited to issue ownership licenses or to acquire the firearms set forth in Article 2 of this law under any of the following categories:

1. A person younger than twenty-one (21) years of age.
2. A person convicted of a felony or sentenced to a term of imprisonment exceeding the period of one (1) year for a crime of assault, property, or honor, or a person sentenced to a term of imprisonment of less than one (1) year for any of these crimes.
3. A person sentenced to a term of imprisonment for a crime involving explosives, drug trafficking, theft, attempt to robbery, or hiding stolen objects.
4. A person convicted of a crime involving the use of arms, including the carrying of an arm when committing the crime, if such carrying is considered an aggravating circumstance.
5. A person placed under police surveillance.
6. A person proven to suffer from a mental or psychological illness.
7. A person who is not healthy enough to carry a weapon. Conditions for the proof of health shall be specified and approved by decision of the Minister.
8. A person who is not fully aware of the safety precautions that must be adopted in using arms. Such precautions shall be specified by a decision of the Minister.

In all cases, a granted license shall be revoked if any of the aforementioned terms becomes applicable to the licensed person.

Article 6

1. A person applying for a firearm license must prove the source from which he obtained his arm by:

• Submitting a purchase receipt from a licensed dealer or a sale certificate specifying the description of the sold arm, the date of the purchase, and the name and address of the dealer.
• Proving purchase of an arm from a licensed person and submitting the previous license.
• Proving the import of an arm from abroad by submitting the import permit.
• The cases to which paragraphs (a) to (c) apply shall be regulated by decision of the Minister.
• A license applicant shall submit to the competent authority a written declaration and guarantee to insure safe possession and use of such arm.

Article 7

A license shall be personal. It shall be prohibited to transfer the licensed firearm or its ammunition to another person. In case of the death of the licensee, the heirs must deposit the arm and ammunition at the nearest police station within one (1) week after the date of death.

Article 8

Firearm licenses shall be valid for one (1) calendar year and may be renewed for another year unless the license specifies a shorter period of renewal. The Minister or the person he delegates therefor may reject a license, shorten its period of validity, or restrict it as he sees fit; he may also reject, suspend or revoke such a license. In these cases, the Minister shall justify his decision.

Article 9

If a license holder, upon notification through a registered letter to renew the license within this period, does not apply for the renewal of the license one (1) month before it expires, he shall be punished by a fine of one-hundred (100) Jordanian Dinars or the equivalent in legal tender.

Article 10

In case of the withdrawal, repeal, or non-renewal of a firearm license, the holder thereof must deposit the arm and its ammunition with the nearest police station within forty-eight (48) hours from being notified of such decision. He may dispose of the arm and its ammunition by sale or transfer of ownership to another license holder within a period not to exceed six (6) months from the date of the decision. In this case, he must inform the licensing authority of the completion of such sale or transfer of ownership.

Article 11

It shall be prohibited to grant to any person a license to own or acquire more than one (1) piece of the firearms listed in Table No. 1 and part 1 of Table No. 2 attached to this law. A person holding a number of arms exceeding the permitted limits must deposit them with the nearest police station within one (1) month from the date of the enforcement of this law.

Article 12

The Minister of the Interior may, in the case of emergency, disruption of public order, or riots liable to disrupt public order, order the forfeiture of all firearms within one or several areas, for a specific period or until further notice. All license holders shall then deposit their arms and ammunition immediately with the nearest police station. They shall be given receipts to recollect their arms. A person who handed in his arm or ammunition may recollect these items following the expiration of such periods.

Article 13

Any police commissioner or officer may ask a person acquiring a firearm to present the license issued for such arm and the quantity of ammunition held with it.

Article 14

1. It shall be prohibited to carry firearms in public areas, conferences, meetings, parties, or weddings.
2. It shall be prohibited to pretend the carrying of a firearm.

Article 15

A license shall be considered revoked in the following cases:

1. Loss of a firearm.
2. Use of a firearm in a manner prohibited by the law.
3. Death of the license holder.

Article 16

If the license is lost or damaged, the holder must immediately notify the licensing authority of such loss or damage. In this case, the licensing authority may issue a copy of the original license to the holder. Such a copy shall have the same validity and effect as the original license.

Part III. Manufacturing, Repairing, Importing, and Trading of Firearms and Ammunition

Article 17

It shall be prohibited to manufacture firearms or ammunition within the Palestinian Territories, except in facilities established and controlled by the National Authority. An arms manufacturer must have a valid license pursuant to this law.

Article 18

It shall be prohibited to manage a warehouse for arms or ammunition, to repair such items, to work in repairing arms or ammunition, or sell or own such items for sale, except upon obtaining a license for such business from the Minister.

Article 19

Import and export of arms and ammunition shall require a permit from the Minister specifying the point, date and destination of import or export, pursuant to the provisions of this law. In the case of a change of point, date or destination, a special permit must be obtained.

Article 20

No license shall be granted to a store for selling arms and ammunition unless the following terms are met:

1. Location in areas specified by the licensing authority.
2. Storage of arms and ammunition inside well-locked iron safes in the store.
3. Abidance by the security measures requested by the licensing authority or the Directorate of Public Security.
4. Third-party insurance for the store.

Article 21

A holder of a license for trading arms and ammunition must register all items deposited in or removed from his warehouse in a special register, of which a decision shall be issued by the Director-General of the Police.

Article 22

Every licensed arms and ammunition trader must submit every three (3) months a certified copy of his store records to the Director-General of the Police within his area. The Director-General of the Police may authorise a police officer in writing to request verification and take copies of the records and license at any time.

Article 23

It shall be allowed to transfer ammunition only from a licensed dealer to a licensed holder, provided that both licenses are valid.

Article 24

It shall be prohibited to ship arms and ammunition through domestic or overseas mail. Every shipment suspected to include arms or ammunition shall be opened in the presence of its owner, sender, or receiver by a special committee, and its contents shall be seized. The shipment shall then be transferred to the Director-General of the Police in the area, together with a detailed description of its contents.

Part IV. Sanctions

Article 25

Without prejudice to a severer penalty set forth by the law, penalties for violations shall be as follows:

1. A person who deliberately alters or falsifies a serial number or any other sign stamped on an arm in contravention of the provisions of this law, shall be liable to imprisonment for a period not to exceed three (3) months or a fine of three-hundred (300) Jordanian Dinars or the equivalent in legal tender, or both.
2. A person who acquires, carries or transports arms or ammunition without a license issued by the competent authorities shall be liable to imprisonment for a period not to exceed six (6) months or a fine of five-hundred (500) Jordanian Dinars or the equivalent in legal tender, or both.
3. A person who sells or offers for sale an arm or ammunition in contravention of the provisions of this law shall be liable to imprisonment for a period not to exceed six (6) months or a fine of five-hundred (500) Jordanian Dinars or the equivalent in legal tender, or both.
4. A person who imports, exports, or trades arms or ammunition without a license by the competent authorities shall be liable to imprisonment for a period not to exceed one (1) year or a fine of one-thousand (1000) Jordanian Dinars or the equivalent in legal tender, or both.
5. A person who manufactures arms or ammunition without a license by the competent authorities shall be liable to imprisonment for a period not to exceed three (3) years or a fine of five-thousand (5000) Jordanian Dinars or the equivalent in legal tender, or both.

Article 26

Without prejudice to a severer penalty set forth by the law, a person violating the provisions of this law shall be liable to imprisonment for a period not to exceed six (6) months or a fine not to exceed five-hundred (500) Jordanian Dinars or the equivalent in legal tender, or both.

Part V. Concluding Provisions

Article 27

Any person in possession of an arm enumerated in part 2 of Table No. 2 attached to this law must deposit it with the nearest police station within one (1) month from the date of the enforcement of this law.

Article 28

The fees for licensing, acquiring or trading firearms or ammunition shall be determined in a bylaw issued by the Minister and approved by the Council of Ministers.

Article 29

For the purpose of this law, any person living in a house or an estate in which an arm was seized shall be considered as having acquired such arm or ammunition, unless it is proven otherwise.

Article 30

Each arm licenses shall specify the quantity of ammunition to be held by the license holder. It shall be prohibited to acquire a larger quantity without prior official permit. It shall be prohibited for any person to acquire ammunition, unless he is a licensed ammunition dealer.

Article 31

The provisions of this law regarding the carrying, acquiring, or owning of arms shall not apply to the arms of the National Authority that are delivered to the Security Forces, which are allowed to carry such arms under the law.

Article 32

The Minister of the Interior shall issue a regulation specifying all forms required pursuant to the provisions of this law.

Article 33

The Firearms Ordinance No. 20 of 1922 and its Amendments, the Firearms and Ammunition Law No. 34 of 1952, as well as any other provision contradicting the provisions of this law are hereby repealed.

Article 34

All competent authorities, each one within its sphere of jurisdiction, shall implement the provisions of this law, which shall enter into force as of the date of its publication in the Official Gazette.

Issued in the city of Gaza on 20 May, 1998 AD, corresponding to 20 Muharam 1419 AH.

Yasser Arafat

Chairman of the Executive Committee of the Palestine Liberation Organisation

President of the Palestinian National Authority

Table No.1

Non-rifled firearms.

Firearms with smooth-bored barrels.

Table No. 2

Rifled firearms.

This type is subdivided into two sections:

Part One:

Pistols of all types.

Rifled rifles of all types.

Part Two:

Guns and machineguns.