Dear Sir,

The Law on Fire Weapons, Ammunitions and Explosive Materials (FWAEM), which has 3 chapters and 16 articles and ratified by the ministers’ session and based on Decree No. 20, dated 24th June, 2005 approved by us, was sent to your office so that you could publish it in OFFICIAL GAZETTE.
Regards,

Ahmad Zia Masood, First Vice President and
Caretaker of the Islamic Republic Of Afghanistan
The Decree of President of the Islamic Republic of Afghanistan regarding enforcement of FWAEM’s Law

No.    20
Date: June 24, 2005

First Article:
I sign the FWAEM’s Law which has 3 chapters and 16 articles and based on resolution of ministers’ session No. 9; dated 26/02/1384, it has been approved.

2nd Article:
This Decree is in effect from the date of issue in the OFFICIAL GAZETTE.

Ahmad Zia Masood, First Vice President and
Caretaker of the Islamic Republic Of Afghanistan

OFFICIAL GAZETTE
Law on Fire Weapons, Ammunitions and Explosive Materials
(FWAEM)
ISSUE NO: 855
Date: 21st June 2005
Contents
Law on Fire Weapons, Ammunitions and Explosive Materials
(FWAEM)

Chapter 1
General Orders
1st                   Article Objective
2nd                  Article Terminology
3rd                   Article Legal Permission
4th                   Article Weapon possession
5th                   Article Implementing Organization

Chapter 2
Issuance of license and weapon distribution
6th                  Article License
7th                  Article Gain license of fire weapons and non hunting ammunitions
8th                  Article Buying and selling of hunting weapons and ammunitions

Chapter 3
Miscellaneous Orders
9th                    Article Duration for registration of weapons and available ammunitions
10th                  Article Violation of weapon registration
11th                  Article Illegal keep of fire weapons and ammunitions
12th                  Article Wasted and missing weapons
13th                  Article Documents falsification
14th                  Article Weapon hand over
15th                  Article Procedures
16th                  Article Law enforcement

Law on Fire Weapons, Ammunitions and Explosive Material
(FWAEM)

Chapter 1
General Orders

Objective
1st Article:
This Law has been set up in order to manage the relative affairs, such as, gaining, carrying, keeping, producing, using, importing and exporting of fire weapons, ammunitions and explosive materials.

Terminology
2nd Article:
These words have the following meanings in this Law:
1. Fire weapon: It is a device in which ammunitions can be fired by the help of gas, gunpowder, and other burning material for     various purposes.
2. Ammunitions: are composed materials which have fuses causing explosion.
3. Explosive Materials: They are sensitive chemical materials including gunpowder, destructive and explosive materials which     have fuses and exploded by little heat, stroke, friction and flame.

Legal Permission
3rd Article:
According to the order of FWAEM’s Law, the authorities will take action about gaining, carrying, keeping, producing, using, importing and exporting of fire weapons, ammunition and explosive materials.
The MoD, MoI and NSD are excepted from the 1st section of this Article. They can use the fire weapons, ammunitions and explosive materials in accordance with their specific regulations.
Other offices and military units can gain, carry, keep and use their needed weapons in accordance with the orders of legislative documents.

Weapon possession
4th Article:
The government has sovereignty over those fire weapons, ammunitions and explosive material which are existing in this country. Other persons and authorities without legal permission have no right to produce, import, export, gain, use and keep them.
In order to protect the personal and government properties and to save the lives of the persons, the MoI in urgent need and exceptional cases can distribute the weapons and ammunitions to the persons and authorities in accordance with the orders of this Law.
The weapon distribution method, which has been mentioned in the 2nd section of this Article, can be arranged by MoI in accordance with the separate regulation.

Implementing Organization
5th Article:
At the country level, the Ministry of Interior is the only organization which is responsible for implementing the orders of this Law.

Chapter 2
Issuance of license and weapon distribution

License
6th Article:
In the capital, the MoI will issue the license of gaining, keeping, carrying and using the hunting weapon including sport and antique weapons and its relative ammunition.
According to the instruction of MoI, the license of gaining, keeping, carrying and using the weapons, which have been mentioned in the 1st section of this Article, will be issued and registered by Security Departments in the centers of provinces and districts.
With effect from the date of approval of this Law, the issuance of license for the use of hunting weapons (for hunting the birds and animals) is prohibited until ten years.
The private security organizations are subject to the orders of this Law. Their method of activity will be arranged in accordance with the separate regulation.

Gain license of fire weapons and non hunting ammunitions
7th Article:
In order to protect the properties and lives, the individuals and non-governmental bodies can gain non hunting fire weapons and ammunitions in accordance with the 2nd section of 4th Article of this Law.

Buying and selling of hunting weapons and ammunitions
8th Article:
After receiving permit letter from MoI, the individuals having commercial license could buy and sell the hunting, sport and antique weapons and its ammunitions as well.

Chapter 3
Miscellaneous Orders

Duration for registration of weapon and existing ammunitions
9th Article:
Before enforcing this Law, the national citizen and expatriates resided in Afghanistan, having hunting, sport and antique weapons and its relative ammunitions, are under obligation to register them in the organizations mentioned in the 1st and 2nd Articles of this Law within three months after enforcing this Law and receive the relative license.

Violation of weapon registration
10th Article:
The individual, who will not register the weapons and ammunitions mentioned in 9th Article on the fixed deadline, will be liable to a fine based on worth of each weapon and ammunition and then the relative weapons and ammunitions will be registered.
The individual, who will not register the weapons and ammunitions, mentioned in 1st section of this Article on the fixed deadline and if they are discovered and arrested by the security departments, then the said weapons and ammunitions will be confiscated and the owner will face judicial follow up.
In accordance with the separate regulation, the Ministry of Interior could sell the weapons and ammunitions, mentioned in the 2nd section of this Article, in case there is no need for such weapons. The Ministry will submit the money gained from sold weapons to the government bank account.

Illegal keep of fire weapons and ammunitions
11th Article:
The individual, who will produce, import, keep, buy, sell and carry the fire weapons, explosive materials and ammunitions and take action against the order of 4th Article of this law, will be punished in accordance with the Punishment Law.

Wasted and missing weapons
12th Article:
The individual, who will gain the weapons and ammunitions based on legal permission and waste or lose it without any justification, will be considered as criminal and punished in accordance with the Law Orders.

Documents falsification
13th Article:
The individual, who will prepare false document, stamp and license about producing, importing, offering, keeping, carrying and gaining of fire weapons, ammunitions and explosive materials mentioned in this Law or transfer such documents to the other persons, will be considered as criminal and punished in accordance with the Law Orders.

Weapon hand over
14th Article:
After completing Disarmament and Demobilization Program, if an individual has fire weapons, ammunitions and explosive materials, he/she is under obligation to hand them over in the capital to MoI and in the provinces and districts to the security departments and obtain the receipt.
According to the order of 4th Article of this Law, the individuals and armed groups that have fire weapons, ammunitions and explosive materials, their weapons are collected by assigned commission and transferred to the appointed center. Finally, the received weapons are officially handed over to the respective destinations.
The individual, who will not submit their weapons, ammunitions and explosive materials, mentioned in the 1st section of this Article on the fixed deadline to the respective organizations, in addition to weapon confiscation, he/she will be punished in accordance with the Law Orders.

Procedures
15th Article:
In order to implement the order of this Law, the Ministry of Interior will adopt a special procedure for registering, reporting, and issuing of receipt of various types of fire weapons, ammunitions and explosive materials.

Law enforcement
16th Article:
This Law from the date of publication in OFFICIAL GAZETTE is enforced and after enforcing, the other adverse orders to this Law are cancelled.