Arms and Ammunition Law in Nepal

Introduction to Arms and Ammunition Law

Arms have been defined as devices/instruments such as cannons, tanks, Machine Guns, Rifles, Guns, Pistols, Mortars, revolvers, and other songs that can be operated with or without ammunition. It consists of spare parts and equipment that can be used during the process of arms manufacturing.

Similarly, the National Penal Code has defined Ammunitions as gunpowder, caps, bullets, shells, detonators, fuses, and similar substances that are used in arms

In the context of Nepal, Chapter 6 of the National Penal Code from Section 129-137 has incorporated provisions related to Crime and Punishment for the production, usage, and distribution of Arms and Ammunition in Nepal.

Unlicensed Arms Manufacturing

Section 129 of the Penal Code has prohibited any Individual from producing or repairing arms and ammunition without obtaining the necessary license for Arms Manufacturing. If an Individual has the license, they cannot exceed or contradict the terms and limitations specified in the license.

For the offense related to unlicensed arms manufacturing, an Individual found guilty and convicted of the offense is liable to a term of imprisonment for a maximum of ten years.

Unlicensed Arms Transaction

It has been deemed illegal for any Individual to engage in transactions involving arms and ammunition without obtaining the required license to transact such. However, the law extends to overstepping the boundaries of the terms and limitations specified in the license.

The transaction involves the sale, transport, stockpiling, collection, storage, and export of arms and ammunition. If individuals are found guilty of unlicensed Arms transactions, they are subject to imprisonment for up to seven years and a fine not exceeding NPR 70,000.

Acquisition of Specific Arms

Section 131 has sanctioned the acquisition of the following arms in Nepal:

• (a) Tanks and their ammunition
• (b) Cannons or mortars and their ammunition
• (c) Machine guns and their ammunition
• (d) Any type of rifle and its ammunition
• (e) Other arms and ammunition

If Individuals are found to have acquired such arms through Sale, Gift, Reward, Inheritance, etc. they are required to surrender such weapons to the District Administration Office within 35 Days of acquiring them.

Moreover, they aren’t allowed to retain, stockpile, store, use, or transport such arms and ammunition without the authorization of competent authority.

They have also been forbidden to retain, stockpile, store, or use these Arms and ammunition without the authorization of a competent Government Authority.

For illegal acquisition of the above-listed Arms in Nepal, individuals are liable to a sentence of Seven Years in Prison a fine not exceeding NPR 70,000.

Unlicensed Retention or Carrying of Arms

It is prohibited by Section 132 of the National Penal Code for anyone to possess, keep, accumulate, or transport arms in Nepal without obtaining a Legal License.

Moreover, even an individual that has obtained such a license to retain and carry arms, must adhere to the terms and conditions stipulated by the License.

If an Individual commits or causes to be committed such actions and offenses are mentioned, they are liable to a sentence of Imprisonment for a term not more than Five Years and a fine not exceeding NPR 50,000.

Record Maintenance

Individuals who have been authorized to transact and deal with arms or ammunition in Nepal through a license are required to maintain a particular record of these Transactions. The Elements of the Record are:

1. Type, description, and quantity of arms procured, sold, transported, stockpiled, exported, or imported.
2. Record the purchaser’s name, surname, address, citizenship or passport number, and the date and place of issuance of their citizenship certificate or passport.

If requested, the individual involved in such transaction must present the records to the authority or the investigating Body or Court. Moreover, if an individual wants to engage in commercial arms and ammunition in Nepal with a license to engage in such a transaction, they must obtain approval from the relevant District Administration Office.

If any individual is convicted in a court of law for any of the conduct mentioned above, it can result in Imprisonment for a term of Two Years and a Fine not exceeding NPR 20,000.

Production of Specific Types of Arms

The Act has further established the Illegality of involvement in the following designed for Nuclear, Chemical, Biological, and Toxin Weapons:

1. Manufacture
2. Produce
3. Obtain
4. Sell
5. Acquire
6. Own
7. Transfer
8. Stockpile
9. Store
10. Transport
11. Export
12. Improt
13. Invest
14. Manage

Engaging in the following types of specific types of Arms can result in prison for a term of up to 20 years and a fine not exceeding NPR 2,00,000.

Statute of Limitation

The Statute of Limitation for Offenses related to Arms and Ammunition in Nepal extends to six months from the date of the offense. For Retention of Arms without license, the Statute of Limitation is 3 Months.