Government approves a draft law to regulate firearms in Morocco

The Government Council, chaired by Aziz Akhannouch Head of Government, approved, in its session of Thursday on March 10, the draft law No. 86.21 on firearms, their parts, components, accessories, and ammunition, put forth by the Minister of the Interior Abdelouafi Laftit.

The project aims to fortify the kingdom’s legislation with international conventions against all forms of illicit firearms trafficking.

At a press conference after the meeting of the Government Council, Deputy Minister to the Head of Government for Relations with Parliament, Government Spokesman Mustapha Baitas stated that the project is part of the offers of the kingdom to modernize its legal arsenal relating to arms.

The law seeks to overcome the restrictions of the national legislative system on weapons to keep pace with technological advancements, types of these weapons and their ways of usage, and its inability to regulate all acts and facts related to the use of firearms.

The law includes one hundred and nine articles, separated into ten sections.

The first section concerns general provisions. The second evokes with trafficking in firearms and their parts, components, accessories and ammunition. The third concerns requirements relating to the import and entry into the national territory. The fourth tackles the export and exit from the national territory. The final section concerns provisions related to transport, transit and transshipment. Finally, the sixth touches upon the holding of firearms.

The provisions of this law shall apply to precision, shooting, and sporting weapons types (A) and (B), handguns for conventional weapons, air guns, and starting pistols.

Ammunition for conventional weapons shall remain subject to the laws and regulations of explosive materials, provided that an organizational text will regulate the list of weapons marketed and held in the national territory.

The law provisions shall not apply to the agencies in charge of national defense and security interests, which will remain subject to their internal procedures, and state agents carrying weapons in conformity with their capacity or function.

The bill prohibits the trafficking of firearms, their parts, components, accessories, and ammunition without prior authorization to establish a warehouse for trading or storing firearms and a license for trading in firearms and ammunition.

A license is granted for one thousand permits to possess weapons of sniper and sport shooting at the job level or region. Granting this license is possible without being bound by the condition of this figure in areas where there is no arms higher purchase seller.

The arms seller can purchase firearms only after obtaining authorization from the administration, after verifying the absorption capacity of the storage warehouse or warehouses.

The project binds arms sellers to keep two registers, one of which records the entry and exit of firearms, parts, components, and accessories, and the other the entry and exit of ammunition, provided that they are stamped and numbered by the administration and kept throughout the activity of the arms seller.

Regarding importing and introducing firearms, the project introduces several restrictions.
Importing parts, components, accessories, and ammunition of firearms is only feasible from the arms wholesaler, and each import operation is subject to an authorization of the administration after verification of the capacity of the warehouse or storage depots.

The import permit must include the identity of the permit holder or the name and address of the business, the number of firearms, their parts, components, and accessories, the quantity of ammunition, and its technical specifications.

The draft prohibits the import or entry of firearms or ammunition into the national territory if they do not bear a marking that allows the weapon or ammunition to be traced.

The draft also stipulates that the transfer of firearms, their accessories, components, and ammunition from the arms dealer is subject to the administration’s authorization. The transfer can only take place through the particular means of the arms seller.

The administration may also impose the transfer of firearms, their parts, components, accessories, and ammunition by the services of the Royal Gendarmerie or the National Security at the expense of the arms seller.

Firearms, their parts, components, accessories, and ammunition may not be transported in vehicles intended to transport persons, nor transported at night or with other goods.

The bill links the possession of sniping and sport shooting weapons of type (A) and air guns to obtaining a license to possess sniping and sport shooting weapons.

The project bides the possession of a handgun with a permit to possess a weapon of protection. It stipulates that the applicant is of legal age and that they are obliged to grant insurance to cover the damage that others may suffer due to the usage of firearms and to cover civil liability. The applicant must also be sound of physical and mental capacities.

Finally, the draft law allows minors of 16 years to use a firearm that is limited to the authorization of possession of weapons of sniping, shooting, and sport to their legal representative to practice the activity of sport shooting. These sporting activities are only possible provided the legal representative is present. The representative is considered responsible for the used firearm.