By Ojo Emmanuel Oluwatobi

In light of the upsurge in the spate of insecurity in Nigeria, there has been increase in demand for the government to allow citizens the unfettered right to possess firearms, in a bid to defend themselves from the murderous criminals usually labeled as “unknown gunmen”. It’s expedient to know that self-defence is a valid defence in most criminal jurisdictions in the world, and Nigeria is not an exception. So, at no point in time in Nigeria has it become more necessary to espouse what the law says about the possession of firearms in Nigeria, hence, this synoptic piece seeks to shed light on the position of the law on the possession of firearms, procedures to follow in possessing firearm, punishment for possessing firearms illegally, how a license for possession can be revoked and renewed.

DOES THE NIGERIAN CONSTITUTION PERMIT THE POSSESSION OF FIREARMS?

Despite the fact that the idea of possessing a gun seems extremely exhilarating and energizing in Nigeria the existing laws of the federation of Nigeria have no provision that states that an individual has the right to gun possession. The Nigerian constitution, which is the fons et origo, the supreme law , which makes explicit provisions on the actionable and non-actionable rights of the Nigerian citizens is mute on the right to possession of guns in Nigeria. However,this is not the case in the United States of America. the Second Amendment to the American Constitution, states that: “… the rights of the people to bear and keep arms shall not be infringed”. This simply means that in the USA, there’s an explicit constitutional provision that confers on the American citizens the right to possess firearms, which is not the case in Nigeria. This, therefore suggests to us, the inference that the right to possess firearms should be recognized in a modern democratic setting.

Despite the obvious fact that there’s no inherent right to possess a gun in the Nigerian constitution, the laws of the federation, that undoubtedly derives their validity from the constitution do not explicitly prohibit the possession of firearms.

LAWS RELATING TO FIREARMS IN NIGERIA

The laws relating to the acquisition of firearms in Nigeria are the firearms act and the firearms regulations. These laws make clear provisions for the possession of and dealing in firearms and ammunition. According to the Firearms act, Firearms mean; “any lethal barelled weapon of any description from which any shot, bullet or other missile can be discharged.”

Under the same Act, Ammnunitions is defined as “a component part of any firearm and includes shots, bullets, missiles, etc. The Firearms Act highlights the permitted and prohibited forms of firearms capable of being in the possession of private citizens of Nigeria.”

In the same vein, Section 3 of the Firearms Act provides that “no person shall have in his possession or under his control any firearm or ammunition except in accordance with a license granted by the President acting in his discretion”.

These provisions, among others are some of the salient provisions of the Firearms act that principally deals with the possession of and regulation of firearms and other ammunitions.

HOW TO LEGALLY ACQUIRE FIREARMS IN NIGERIA

It’s expedient to know that, in order to acquire firearms in Nigeria, a persons has to make an application to the relevant authority , which will thereafter grant a license to the person that applied.

The Firearms act provides that a license for the possession of firearms is not granted as of right. As such, the grant of an application for the possession of a license for firearms is solely based on the discretion of the Inspector-General of Police or the President of the country, and the application can even be rejected without any genuine reason given by the authorities. In the same vein, the applicant is not even required by law to provide a genuine reason for the grant of the license. However, in practice, it’is advisable and propitious to have a valid reason for the application to possess firearms.

PERSONS DISQUALIFIED FROM ACQUIRING FIREARMS

The Firearms act explicitly provides that the license to possess firearms should not be granted to the following persons;

People under the age of seventeen;
People of unsound mind;
People not fit to have possession of the firearm in question on account of defective eyesight;
A person of intemperate habits;
Someone who has been convicted of an offence involving violence or the threat of violence during the five years preceding the application.
THE REQUIREMENTS FOR THE GRANT OF A LICENSE FOR POSSESSION OF FIREARMS

A person has to have attained the age of 17
Possess a clean criminal record, among other requirements, in order to be fit for the grant of a license to possess firearms.
The applicant must pass a background check relating to his or her mental health, addiction record or traits of domestic violence.
It is important to note that, there’s no need to provide a third party reference for character check. So, once a license is granted, the holder of the license is to act within the precincts of the license. As such,if the license says that the holder is allowed to be in possession of one piece of firearm, such holder is to stick to the number of firearms granted in the act. In that instance, I’d the holder possesses more than one firearm, it has exceeded the scope of the license and amounts to illegal possession of firearms under the Firearms act.

WHERE TO MAKE AN APPLICATION FOR THE POSSESSION OF FIREARMS

An application for the grant of license for the possession of firearms can be made at the office of the Commissioner of Police of any states of the federation.

The process involves the filling of forms and provision of basic information such as name, identity number, address, state of origin, date of birth among others. When the application is granted, the applicant can proceed to a licensed dealer to purchase the particular type of firearm listed in the license. Upon the purchase, s/he is to register the serial number of the firearm at the office of the Commissioner of Police, i.e., a police station.

WHAT TYPE OF FIREARMS CAN A LICENSE BE GIVEN FOR?

It’s important to note that, although the firearms act has given citizens the opportunity to possess firearms provided they are able to secure a grant for the license, a private citizen doesn’t have an unfettered access to firearms even with a valid license. A license to possess Firearms can only be granted for the possession of long guns ( hunting rifles, pump actions and shotguns). The Firearms act clearly prohibits the the private possession of handguns (pistols or revolvers), machine guns, military weapons, bombs, grenades, etc. and a license cannot be granted over these type of firearms.

EXPIRATION, RENEWAL AND REVOCATION OF LICENSE

Once a license has been issued, it’ is valid until 31 December of the year in which it was issued. Renewal of such license is solely based on the discretion of the authorities rhat issued the initial license. In addition, the president or the Inspector General can also revoke the license. This revocation can be done at will without providing any genuine reason for such action.

Where a license is withdrawn, revoked or expires, the holder of the license is expected to forfeit the firearm and deposit it in the public armory. The license holder is also expected to inform the police of the deposition of the firearm in the public armory. The same procedure takes place when the holder of the license intends to leave the country without the firearm. In that instance, the license holder must inform the police before he makes a transfer/sale of the firearm.

Where a license holder does while he’s still in possession of the firearm with a valid license, the person in charge of his or her estate can have legal possession of the firearm for a period of just 14 days, after which e is to to forfeit the arm and deposit it in the public armory.

ILLEGAL POSSESSION OF FIREARMS: A CRIME

It’s imperative to know that possessing Firearms in a way contrary to the highlighted provisions of the Firearms Act and The Firearms regulation is a crime which is punishable by a maximum imprisonment term of 5 years. Section 3 of the Robbery and Firearms (Special Provisions Acts) provides for a fine of #20,000 only or an imprisonment for a term not less than 10 years or both for any person convicted for the illegal possession of firearms under the firearms act. The Firearms act and the Firearms regulations contain myriads of relevant provisions on the sale, exportation, transfer and sale of Firearms, hence it’s advisable to be familiar with these provisions lest one takes an action against the extant provisions in respect of firearms.

CONCLUSION

As stated earlier, due to the upsurge in the spate of insecurity in Nigeria, possessing a firearm which one can use for self defence is extremely important. But much as this is crucial, it must be done in accordance with the extant laws highlighted above, so that, in one’s attempt to protect himself from criminals, one will not also become a criminal flouting the law. It’s therefore advisable for citizens to seek appropriate legal advice before venturing on the voyage of acquisition of firearms.

Ojo Emmanuel Oluwatobi is a 200L law student of the Ahmadu Bello University, Zaria. He’s a legal writer, a researcher, and an expert content writer. He can be reached via 08145929919 or [email protected]