GOVERNMENT OF THE KHYBER PAKHTUNKHWA HOME AND TRIBAL AFFAIRS DEPARTMENT. NOTIFICATION Peshawar, the 17th March, 2014. No.SO(Arms)HD/2-B/2004/Vol-XII(B-1421).- In exercise of the powers conferred by section 11 of the Khyber Pakhtunkhwa Arms Act, 2013 (Act No. XXIII of 2013), the Government of the Khyber Pakhtunkhwa is pleased to make the following rules, namely: THE KHYBER PAKHTUNKHWA ARMS RULES, 2014. CHAPTER-I PRELIMINARY 1. Short title and commencement.—(1) These rules may be called the Khyber Pakhtunkhwa Arms Rules, 2014. (2) These rules shall come into force at once. 2. Definitions.—In these rules, unless there is anything repugnant in the subject or context,- (a) “Act” means the Khyber Pakhtunkhwa Arms Act, 2013 (Act No. XXIII of 2013); (b) “Deputy Commissioner”, means the Deputy Commissioner of the district concerned; (c) “Forms” mean Forms provided in Schedule-I, appended to these rules; (d) “non-prohibited bore weapon” means the weapon which is allowed to be manufactured, repaired, sold, possessed or transported by an individual under a license and includes restricted bore weapon and non-restricted bore weapon; (e) “non-restricted bore weapon” means the weapon which is in positive list of the description of arms, as Government may notify from time to time; (f) “prohibited bore weapon” means the weapon as mentioned in rule 4 of these rules which are not allowed to be manufactured, repaired, sold, possessed or transported by an individual; 2 (g) “restricted bore weapon” means the weapon which are in the negative list of the description of arms as Government may notify from time to time; (h) “Schedule” means Schedule appended to these rules; (i) “Secretary”, means the Secretary to Government Home and Tribal Affairs Department; and (j) “transportation” means to transport arms or ammunition and machinery for manufacturing of arms or ammunition within, into or away from the Province. CHAPTER-II CONDITIONS 3. Conditions for licensee.—(1) An applicant shall be granted a license if,- (a) he is a citizen of Pakistan; (b) he has attained the age of 21 years; (c) he possess national identity card; (d) he is of sound mind and having no mental disorder; (e) he is not fugitive from law; (f) he is not convicted by any Court of law: Provided that a convict who has undergone the imprisonment shall be treated as eligible as of normal applicant. (g) he is not a bankrupt; (h) he is not a habitual criminal; (i) he is considered suitable by the local police in view of general conduct or previous record; and (j) he fulfills any other condition as Government may notify from time to time: (2) No verification, under rule (1) shall be required in respect of members of Parliament or Provincial Assembly of the Province or persons who are in service of Pakistan serving in the Province or the Province, as the case may be. CHAPTER-III TRANSPORTATION 4. Manufacture, repair, sale, possession and transportation of cannon and certain other articles.—A license for the manufacture, repair, sale, possession and transportation of- (a) cannon, or 3 (b) articles designed for torpedo service, or (c) war rockets, or (d) machinery for manufacture of such arms or ammunition, or (e) other articles which may be notified by Government, from time to time, may be granted by the Secretary, in Form-I, only to the law enforcement agencies or any other Government Departments, as may be authorized by Federal Government or Government, as the case may be, in this behalf, after due satisfaction. 5. Prohibition of transportation of arms or ammunition otherwise than under license.—(1) Save as otherwise provided in this rule, the transportation of arms-or-ammunition is prohibited all over the Province except under a license and to the extent and in the manner permitted by such license. (2) Nothing in sub-rule (1) shall be deemed apply to- (a) arms, and ammunition transported personally or as personal luggage in reasonable quantity for his own use by any person lawfully entitled to possess arms or go armed; (b) arms or ammunition which are covered by a license being transported by licensed dealer; and (c) arms or ammunition transported- (i) by any person licensed to possess such articles or exempted from the liability to obtain such license, where such articles are transported in reasonable quantities for his own use from the premises of a licensed dealer, or are transported for purposes of examination or repair to or from any such premises, or are transported to any other person so licensed or exempted as aforesaid; and (ii) by a licensed dealer, where such articles are transported in a case or package legibly addressed to such a person as is referred to in sub-clause (i), in compliance with an order given by such person for the supply of such articles in reasonable quantities for his own use. 6. Transportation of arms or ammunition of non-restricted bore weapon and restricted bore weapon.—(1) Save as otherwise provided by rule 5, license for the transportation of arms and ammunition of non-restricted bore weapon may be granted, by the Deputy Commissioner, on the approval of the Secretary in the manner as specified in Form-II. (2) The license for the transportation of arms or ammunition of restricted bore weapon may be granted by the Secretary in the manner as specified in Form-II-R: 4 (3) The licensee shall, prior to the transportation of arms or ammunition of non restricted bore weapon or restricted bore weapon, as the case may be, obtain a No Objection Certificate from the Provincial Government or the Federal Government, as the case may be, where the consignment is to be delivered. (4) The Deputy Commissioner shall forth sent a copy of every license granted under sub-rules (1) and (2), for the transportation, beyond the local limits of the district or the Province, as the case may be, to the receiving authority of the district, Province concerned or the Capital Territory, as the case may be, where such consignment is to be delivered. 7. Delivery of transport licenses.—(1) The licensee of any arms or ammunition transported by land or river, shall deliver a copy of the license within six days of the arrival of the consignment at its destination to the Deputy Commissioner of the district in which the place of destination is situated, or to such other officer as the Deputy Commissioner may authorize in this behalf. (2) Every consignment shall be properly packed, sealed and dispatched under the supervision of an officer deputed by the Deputy Commissioner and a police official deputed by the Police Department. (3) Where the arms or ammunition are to be transported across the Provinces and the Capital Territory, as the case may be, entirely by rail, a copy of the license under rule 6 shall forthwith be sent by the Deputy Commissioner or any other officer authorized by the Secretary in this behalf, as the case may be, to the receiving authority at the place from which the consignment is to be dispatched. (4) Where the arms or ammunition are transported by rail, a copy of the license shall be attached to the way bill or invoice, as the case may be, and an invoice of every such consignment shall be sent by the railway authorities from the forwarding to the receiving station and the consignment shall not be taken from the railway premises unless the railway police, or, if there are no railway police, the railway authorities, have satisfied themselves that the arms or ammunition correspond with the description given in the license. (5) The railway authorities shall not receive for dispatch any case or package containing arms or ammunition unless accompanied by the original license. (6) Where the arms or ammunition are to be transported by road or river,- (a) a copy of the license granted under rule 6 shall forthwith be sent by the Secretary or Deputy Commissioner, as the case may be, to the Deputy Commissioner of the district out of which the consignment is to cross the frontier of the Provinces and Capital territory to which it is transported; and (b) the licensee shall, within six days of the arrival of the consignment in the district out of which it is to cross the frontier of the Provinces and the Capital territory to which it is transported and before it so crosses, be delivered to the Deputy Commissioner of such district, or to such other officer as the Deputy Commissioner may appoint for this purpose. 5 (7) Every officer to whom a license is delivered under this rule shall satisfy himself that- (a) the arms or ammunition corresponds with the description given in the license; (b) the arms or ammunition shall not exceed the number mentioned in the license; (c) such license is identical in substance with the copy send to him under sub-rule (4) of rule 6; and (d) any deficiency is properly accounted for shall be forwarded to the Secretary or the Deputy Commissioner, as the case may be, and the arms or ammunition shall be taken into temporary possession by the receiving authority till the disposal of the issue. (8) A licensee shall, after obtaining the imports or exports license regarding arms or ammunition from the Federal Government, inform Government in this respect and a copy of the same shall be provided for endorsement and record. CHAPTER-IV MANUFACTURE AND SALE 8. Manufacture, conversion, sale and keeping for sale of arms or ammunition from the manufacturing unit or factory.—(1) License for manufacture, conversion, sale and keeping for sale of arms or ammunition other than rifles, parts of rifles, ammunition of rifle of non-restricted bore weapon and restricted bore weapon, from manufacturing unit or factory, may be granted by the Secretary, in the manner as specified in Forms-III and III-R respectively. (2) License for manufacture, conversion, sale and keeping for sale of rifles, parts of rifles and ammunition of rifles of non-restricted bore weapon and restricted bore weapon, from manufacturing unit or factory, may be granted by the Secretary in the manner as specified in Forms IV and IV-R respectively. (3) License for sale and keeping for sale of arms or ammunition other than rifles, parts of rifle and ammunition of rifles of non-restricted bore weapon and restricted bore weapon, from the dealers, may be granted by the Secretary, in the manner as specified in Forms-V and V-R respectively. (4) License for sale and keeping for sale of rifles, parts of rifle and ammunition of rifles of non-restricted bore weapon and restricted bore weapon, from the dealers, may be granted by the Secretary, in the manner as specified in Forms-VI and VI-R respectively. (5) The Secretary may, by licenses granted under this rule, authorize selected dealers to sell and keep for sale a specified amount of arms or ammunition of non- restricted bore weapon or restricted bore weapon: Provided that the licensee shall not sell from his stock to any person who does not hold a license to possess such arms or ammunition. 6 (6) Any officer authorized by the Secretary or a police officer not below the rank of Inspector, may, on the directions of the Secretary, within the local limits of his authority,- (a) enter and inspect any premises in which arms or ammunition are manufactured, converted, sold, or kept for sale; and (b) examine the stock and accounts of receipts and sale of arms or ammunition. (7) Licenses for the transportation, possession or use of sulphur, in reasonable quantities, proved to the satisfaction of the Deputy Commissioner, to be required in good faith for medicinal, agricultural, manufacturing or industrial purposes other than the manufacture of arms or ammunition, may be granted by the Deputy Commissioner, in the manner as specified in Form-VII. CHAPTER-V KEEPING FOR SAFE CUSTODY AND REPAIR 9. License to keep for safe custody of arms or ammunition of non- restricted bore weapon.—(1) A license to keep for safe custody of arms or ammunition of non- restricted bore weapon deposited by their owner for that purpose may be granted in Form-VIII by the Secretary. (2) A license to keep for safe custody of arms or ammunition of restricted bore weapon deposited by their owner for that purpose may be granted in Form-VIII-R by the Secretary. 10. License for repair of arms or ammunition.—(1) A license to keep for repair of arms or ammunition of non-restricted bore weapon deposited by the owner for that purpose may be granted in Form-IX by the Secretary. (2) A license to keep for repair of arms or ammunition of restricted bore weapon deposited by their owner for that purpose may be granted in Form IX–R by the Secretary. CHAPTER-VI PART-I POSSESSION 11. Licenses to Government controlled organizations.—(1) Where a license granted for possession of any arms or ammunition is granted to a Government controlled organization for its security, maintaining law and order and security of general public, such arms or ammunition may be possessed and used by the security personnel of such organization under a written authority of the Secretary. (2) The security personnel who are trained to use and authorized to possess arms under written authority under sub-rule (1) shall be deemed to be a licensee for the purpose of the Act, these rules and any other law for the time being in force. 12. License for the possession and use of arms or ammunition for purposes of target practice.—A license for the possession and use of arms, for 99 31. Transfer of licences in dealership of NRB Rs. 20000/ One time 32. Transfer of licences in repair of NRB Rs. 20000/ One time 33. Transfer of licences of Manufacture of NRB Rs. 20000/ One time 34. Transfer of licences in dealership of NRB To be fixed by Govt. To be fixed by Govt. 35. Transfer of licences in repair of NRB To be fixed by Govt. To be fixed by Govt. 36. Transfer of licences of Manufacture of NRB To be fixed by Govt. To be fixed by Govt. 37. Conversion of Bore To be fixed by Govt. To be fixed by Govt. 100 SCHEDULE-VI [see rule 41(2)] Persons to whom no fee is chargeable for a license in Form-XVI or in respect of certain arms Persons. Arms or Ammunition. (a) Any person, below the rank of Warrant or Commissioned Officer, who has been discharged from Naval, Military or Air Force and who is in receipt as such of pension or has been transferred to the Army, Naval or Air Force Reserve and who is designated in this behalf by the Officer Commanding his unit or department; or Such arms as were actually in a person’s possession at the time of his discharge, or transfer to reserve, together with a reasonable quantity of ammunition for the same. (b) Any ex-officer of Naval, Military or Air Force, so long as he is entitled to wear the uniform of such force or by any officer of the Army Reserve after, release from army service; (c) Any Officer of a Naval, Military or Air Force who has been granted honorary rank on retirement and permitted to wear the uniform of such corps or force; Revolvers or pistols which formed part of equipment when in employment as such officer together with a reasonable quantity of ammunition for the same. (d) Retired police officer who are permitted to wear on ceremonial occasions or when calling on Government officials the uniform of the rank which they held in the force at the time of retirement; Revolvers which formed part of equipment as a police officer, together with a reasonable quantity of ammunition for the same. (e) The heirs or successors of persons holding sword or other arms received by them as gifts from Federal Government or Government; Such arms as were received as gifts, together with, where necessary, a reasonable quantity of ammunition for the same. (f) Government servants whose possession of arms is declared by Government to be in the public interes