Benin fills a big gap with the adoption of the law n ° 2019-07 fixing the regime of the weapons, their ammunition and other related materials in the Republic of Benin whose examination started, Tuesday 22 January.
The text was unanimously adopted Thursday by the deputies. It is composed of 119 articles structured in six titles dealing in particular with the manufacture, assembly, importation, possession, port and transport of arms and ammunition; the sale and storage of weapons and ammunition, not to mention penalties.
The adoption of this law allows Benin to conform its legislation to the principles and values reaffirmed in several conventions and protocols, including the Arms Trade Treaty (ATT) to which it is a party. Basically, the law prohibits throughout the national territory detention, use, loan, loan, assignment, exchange for free or expensive, the trade in weapons, ammunition and related materials by civilians.
This prohibition is accompanied by a few cases of derogations authorizing any person wishing, but having complied with certain formalities provided for by the said law, to import, acquire, hold an improved weapon for his personal use or to dispose of it. Any violation of this provision is heavily repressed.
The law retains, for example, that in the event of the declaration of the state of emergency, the state of siege or any other serious circumstances threatening public order, the Minister in charge of National Defense may proceed with individual or collective withdrawals weapons, ammunition and all related materials.
In such circumstances, the arms, ammunition and related materials on deposit at merchants and manufacturers may be sealed. Better, citizens legally holders of weapons, ammunition and other related materials can, if they wish, get rid of them, deposit them at the police station of Republican police territorially competent.
The Minister in charge of the Security can, for reasons of public order, at any moment, withdraw to the tradesmen, assemblers, manufacturers and repairers, the authorization of the trade, the manufacture, repair or assembly of weapons, ammunition and other related materials.
The law also focuses on criminal sanctions. It punishes from five years to ten years and a fine of five million CFA francs to fifty million CFA francs, the manufacture, import, counterfeiting, possession, storage, carriage and transport illegal or trafficking of weapons. Also, is liable to a penalty of hard labor from ten years to twenty years and a fine equal to at least ten times the value of transfer of arms, ammunition and other related materials, any person who imports, manufactures, rides, illegally owns or uses weapons, ammunition and other related materials of war.
Similarly, any person who has carried a weapon, ammunition and other related material without the visa of the administrative authorities, is liable to imprisonment for two months to six months and a fine of two hundred thousand to five hundred thousand CFA francs. In addition to these convictions, the courts or courts order the confiscation of arms, ammunition and other related materials for the benefit of the State, provides for Law No. 2019-07 establishing the regime of arms, their ammunition and other related materials in the Republic of Benin, whose draft has been sent to Parliament since 2007.