Firearm possession in Nigeria is strictly regulated to ensure public safety. There are legal frameworks that actively govern firearm possession to prevent misuse and promote a secure environment for all citizens.
Regulatory bodies ensure that only authorized individuals can possess and use firearms, thereby reducing the risk of illegal activities and enhancing national security.
On March 12, 2025, the Iyaganku Magistrates’ Court in Ibadan ordered Opeyemi Bashiru, a 30-year-old man, to be remanded in a correctional facility for allegedly possessing firearms unlawfully.
The police charged Bashiru with conspiracy and unlawful possession after finding him with two locally made single-barrel guns and two live cartridges without lawful authority in the Mokola area of Ibadan on March 2.
On February 13, 2025, A Special Anti-Cultism Court in Abeokuta, Ogun State, sentenced 35-year-old Timileyin Afolayan to 10 years in prison for the unlawful possession of firearms.
Definition of Firearms
The Firearms Act defines a firearm as any lethal barrelled weapon of any description from which any shot, bullet or other missile can be discharged. This definition includes prohibited firearms, personal firearms, and muzzle-loading firearms, as well as any parts of such firearms.
In Nigeria, authorities categorize firearms into different types, including prohibited firearms, which are strictly regulated and often banned for civilian use, and personal firearms, which can be possessed with a license.
Legal Framework
The Firearms Act Cap F28 LFN 2004 is the primary legislation governing firearm possession in Nigeria. It was codified into the Laws of the Federation of Nigeria in 2004 without amendments to its original provisions from 1959.
Key Provisions:
- Licensing Requirement: Section 6 of the Act stipulates that no person can possess or control firearms or ammunition without a license from the President or the Inspector General of Police.
- Eligibility Criteria: Section 6 outlines that licenses are not granted to individuals under seventeen years old, those of unsound mind, those with defective eyesight, or those with a history of violence or intemperate habits within the past five years.
- Prohibited Firearms: Section 3 lists prohibited firearms, which are strictly regulated and often banned for civilian use. Personal firearms, including certain shotguns and air guns, are prohibited unless specifically licensed (Section 4).
- Sale and Manufacture: Sections 9 to 12 regulate the sale and transfer of firearms, mandating that only registered dealers can engage in such activities, and all firearms must be stamped (Sections 9 and 12). Section 22 prohibits the manufacture of firearms, while Section 23 allows repair only at public armories or arsenals with presidential consent.
- Penalties: Part VII of the Act outlines penalties for violations, including imprisonment for various offenses related to firearms. For example, Section 27 provides for punishment for illegal possession or use of firearms.
- Robbery and Firearms (Special Provisions) Act Cap. 398 LFN 1990: This Act addresses offences related to armed robbery and illegal possession of firearms.
- Penalties for Illegal Possession: Section 3 of the Act provides for punishment for illegal possession of firearms, particularly when linked to robbery or violent crimes.
- Enhanced Penalties: Section 1(2) imposes harsher penalties if firearms are used during robbery or assault, potentially leading to life imprisonment or death.
Prohibited Firearms
Section 3 of the Firearms Act Cap F28 LFN 2004 prohibits certain types of firearms to ensure public safety. Here are the types of firearms that are considered prohibited under this Act:
- Artillery: The Act prohibits artillery, which includes large-calibre weapons used for military purposes.
- Apparatus for the discharge of explosives or gas-diffusing projectiles: Authorities strictly regulate apparatus designed to release harmful substances.
- Rocket weapons: The Act bans rocket weapons, which are missiles propelled by rockets, often used in military contexts.
- Bombs and Grenades: The law prohibits explosive devices like bombs and grenades, which are designed to cause widespread damage.
- Machine Guns and Machine Pistols: The Act restricts machine guns and machine pistols, which are automatic firearms capable of firing multiple rounds in rapid succession.
- Military rifles: The Act specifically prohibits military rifles of calibres 7.62mm, 9mm, and.300 inches, which are typically used by military forces.
- Revolvers and Pistols: Authorities restrict revolvers and pistols, whether rifled or unrifled, including flint-lock pistols and cap pistols, generally limiting them to law enforcement and military personnel.
- Pump action guns of all categories: The Act prohibits pump action guns of all categories, which are semi-automatic shotguns banned for civilian use.
- Locally fabricated or modified weapons: The law bans any other firearms or lethal weapons fabricated to kill, including locally made or modified weapons capable of causing harm.
Requirements for Obtaining a Firearm License in Nigeria
- Age Requirement: Authorities require applicants to be at least 35 years old, although some criteria specify applicants aged 18 or older.
- Criminal Record: Applicants must actively demonstrate a clean criminal record to qualify for a license.
- Medical Fitness: Medical professionals issue certificates confirming both physical and mental fitness, which applicants must obtain.
Documentation
- Identity Verification: Applicants provide four recent passport-size photos and a government-issued ID to verify their identity.
- Proof of Address: Utility bills, voter ID, or National Identification Cards serve as proof of residence.
- Date of Birth Verification: Applicants submit birth certificates or affidavits to confirm their age.
- Police Clearance: The police issue clearance certificates to applicants after verifying their background.
- Applicants actively submit their applications directly to the Commissioner of Police in their state of residence. They complete forms with necessary biodata, including full name, address, reasons for needing a firearm, and date of birth.
- Background Checks and Security Screening: The Nigerian Police Force conducts thorough background checks to verify applicants’ criminal history and general eligibility.
- Interview and Evaluation: Authorities conduct interviews to assess applicants’ knowledge of firearms laws, intended firearm use, and commitment to safe handling practices.
- Safety and Handling Training: Applicants undergo safety and handling training as part of the licensing process to ensure they can use firearms responsibly.
Offences and Penalties
- Unlawful Possession of Firearms: Authorities punish individuals found possessing firearms without a license under the Firearms Act, imposing imprisonment for not less than ten years (Section 27 of the Firearms Act). The Robbery and Firearms (Special Provisions) Act actively imposes penalties on offenders, including a fine of twenty thousand naira or imprisonment for at least ten years, or both (Section 3(1) of the Robbery and Firearms Act).
- Strict Liability Offense: Authorities treat unlawful possession as a strict liability offence, meaning intent or motive is not required for conviction. The mere possession of a firearm without a license is sufficient to establish guilt.
- Elements of the Offense: Prosecutors actively establish the offence of unlawful possession by proving three essential elements: the accused person was found in possession of a firearm, the firearm falls within the meaning of the Act, the accused person has no license to possess the firearm.
- Proposed Legislation: The National Assembly actively proposes new penalties, including a five-year jail term or a fine of five million naira for illegal firearm possession. For individuals with previous criminal records, the proposed penalty is five years imprisonment without an option for a fine.
- Violence with Unlicensed Firearms: Authorities actively prosecute individuals who commit acts of violence with unlicensed firearms, imposing a six-year jail term without an option for a fine.
- Import/Export Violations: Authorities punish individuals who import or export firearms or ammunition outside prescribed ports with a minimum sentence of ten years’ imprisonment (Section 20 of the Firearms Act).
- Manufacture and Repair: The law actively prohibits the unlawful manufacture, assembly, or repair of firearms or ammunition, imposing a minimum sentence of ten years’ imprisonment (Section 22 of the Firearms Act).
