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Importation and Possession of Guns for Security in Nigeria

 1.        Introduction

2          Importation of Firearms into Nigeria

2.1       Generally, all firearms and ammunition are prohibited items for any traveler into Nigeria. Nigeria’s immigration and customs laws specifically prohibit any traveler entering Nigeria to possess firearms or explosives in carry-on and checked baggage. Under the Firearms Act 1990, certain weapons are prohibited in Nigeria:                                                                      

2.2        Generally Prohibited Firearms and Ammunition

  • Artillery;
  • Apparatus for the discharge of any explosive or gas-diffusing projectile;
  • Rocket weapons;
  • Bombs and grenades;
  • Machine-guns and machine-pistols;
  • Military rifles, namely those of calibers 7.62 mm, 9 mm., .300 inches and .303 inches; and
  • Revolvers and pistols whether rifled or unrifled (including flint-lock pistols and cap pistols).                           

2.3        Prohibited Personal Firearms and Ammunition (Shotguns)

  • Automatic and semi-automatic shotguns;
  • Shotguns provided with any kind of mechanical reloading device;
  • Sporting rifles;
  • Air-guns, air-rifles or air-pistols; and
  • Humane killers of the captive bolt type.

2.4        Prohibited-Muzzle Loading Firearms and Ammunition

  • Dane-guns;
  • Flint-lock guns all being unrifled and muzzle-loading; and
  • Cap guns.

2.5        Exceptions

Although the importation of firearms is generally prohibited in Nigeria, there are certain exceptions to the law. The following groups of persons are exempted from the general prohibition: (a) Diplomats; (b) Military or Security Operatives; and (c) Registered Firearms dealers, who must satisfy the Nigerian Customs’ requirements, which include presenting pertinent licenses and other relevant documentation permitting the possession of firearms. Such persons are also required to declare the firearms in their possession at the point of entry.

2.6        Approvals

The law further requires that persons who import firearms listed in Paragraph 2.2 must obtain a license from the Nigerian President. It is the President’s sole discretion to determine whether to grant or refuse such license and may further impose additional terms and conditions as he deems fit.

While a license is required for paragraph 2.2 above, the law requires that persons who intend to import firearms and ammunitions listed in paragraphs 2.3 and 2.4 above must declare their weapons to a customs officer or other prescribed officer at the time of importation and will be required to:

  1. Provide a licence for the firearms;       
  2. Complete a prescribed form of declaration stating that the license holder’s destination is within Nigeria and is more than twenty miles from the place of importation. The license holder must be willing to surrender such firearm or ammunition to a specified authority or at a public armoury at or near his destination in accordance with such declaration. In addition, an application can be made to the Inspector-General of Police who may issue a permit for temporary possession;
  • Where a person imports firearms as part of his personal effects and is in transit to a country outside Nigeria, then the person is required to either surrender the firearms to the customs or police authorities while he is in Nigeria or obtain a permit for temporary possession during such period of transit;
  1. The license holder may undertake in writing that he will immediately apply for a licence and surrender such firearms or ammunition for deposit in a public armoury pending a decision upon such application; or
  2. Make an application to the Inspector General of Police for a license to carry firearms, subject to the discretion of the Inspector General of Police to either grant or refuse the application according to the principles decided by the National Council of Ministers.

 

  1. Possession of Firearms in Nigeria

It is an offense, punishable by law, for any individual to possess or be in control of firearms without the requisite licenses or permits granted either by the Nigerian President or the Inspector General of Police.

Private possession of guns by Nigerian residents is a licensed and regulated activity. Such licenses and permits are highly restricted to primarily ownership of shotguns and hunting rifles.

  • Categories of Shotguns allowed subject to license
  • Single/double-barrel;
  • Pump action;
  • Semi-automatics (this category of shotguns is usually issued for the purposes of hunting, target –shooting on a range and traditional festivities, in which case empty cartridges are used).
    • Procedure for obtaining a license
  • Make a written application to the Commissioner of Police in your State of residence;
  • Fill out application form with your personal data, such as:
    1. Full name;
    2. Address;
    3. Date of Birth (NB: guns are not issued to persons below thirty-five (35) years of age);
    4. Reasons for applying for the license;
  • Requirements
  • Medical report confirming the applicant’s psychological health;
  • Medical report confirming the applicant’s physical health;
  • Four (4) clear passport photographs of the applicant.

Upon meeting the above requirements, the Nigerian police may grant a license to the applicant. Upon granting a license, they will register the serial number of the weapon purchased, issue the license in a booklet form, attach one of the passport photographs of the applicant and insert the stamp of the state police headquarters. Licenses are valid for one (1) year and subject to renewal before the 31st day of December every year.

  • Disqualified Persons

The following persons do not qualify to be issued a firearm’s license:

  1. Persons of unsound mind;
  2. Persons with any form of eye defect;
  3. Persons found to lack self-control;
  4. Persons found to abuse drugs or alcohol; or
  5. Persons with a prior conviction of violent behavior.

We trust you find guidance in the foregoing. Do not hesitate to contact us for further clarification.

Yours sincerely,

ANDI DAZE

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