Firearms regulation in Nuvania: Difference between revisions

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{{KylarisRecognitionArticle}}
Firearms in [[Nuvania]] are subject to restrictions and regulations for civilian ownership, including the possession, sale, and use of firearms. Civilian ownership of a firearm in Nuvania is conditional on meeting certain criteria and can be legally denied or revoked if an individual does not meet these criteria. Two pieces of legislation, the [[Arms Act 1987]], and the [[Hunting and Fishing Act 1972]] currently regulate firearms in Nuvania, and provide the framework for which enforcement of firearms regulation is conducted.  
Firearms in [[Nuvania]] are subject to restrictions and regulations for civilian ownership, including the possession, sale, and use of firearms. Civilian ownership of a firearm in Nuvania is conditional on meeting certain criteria and can be legally denied or revoked if an individual does not meet these criteria. Two pieces of legislation, the [[Arms Act 1987]], and the [[Hunting and Fishing Act 1972]] currently regulate firearms in Nuvania, and provide the framework for which enforcement of firearms regulation is conducted.  


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The failure of the Estmerish colonial authorities to disarm Hennish civilians was a crucial aspect in the development of citizen militias opposed to Estmerish rule, as the ''[[Burgerweermag]]'' was formed from armed civilians. It also saw the firearm become a symbol of defiance and self-defence against authoritarian governments within wider Asterianer culture, something that would continue on as a cultural symbol of [[Asterianers]]. This would develop into a cultural affinity across all sectors and people groups of Nuvanian society. Asterianers themselves would integrate firearms into their collective identity, particularly in the progressive settlement of the wider [[Oronokia]] basin within central Nuvania, as well as frontier areas like [[Litania]]. Asterianer gun culture typically centred around marksmanship, as the Asterianers continued to maintain the ''kommando'' system throughout the [[Asterianer Confederacy]] and the later [[Asterianer Empire|Empire]], as well as into the [[First Nuvanian Republic]]. The adoption of the [[1836 Constitution of Nuvania|1836 Constitution]] enshrined a right for Nuvanians to own firearms, and while this right was legally available to all Nuvanians, in practice, this led to discrimination against certain groups of people, particularly non-whites.  
The failure of the Estmerish colonial authorities to disarm Hennish civilians was a crucial aspect in the development of citizen militias opposed to Estmerish rule, as the ''[[Burgerweermag]]'' was formed from armed civilians. It also saw the firearm become a symbol of defiance and self-defence against authoritarian governments within wider Asterianer culture, something that would continue on as a cultural symbol of [[Asterianers]]. This would develop into a cultural affinity across all sectors and people groups of Nuvanian society. Asterianers themselves would integrate firearms into their collective identity, particularly in the progressive settlement of the wider [[Oronokia]] basin within central Nuvania, as well as frontier areas like [[Litania]]. Asterianer gun culture typically centred around marksmanship, as the Asterianers continued to maintain the ''kommando'' system throughout the [[Asterianer Confederacy]] and the later [[Asterianer Empire|Empire]], as well as into the [[First Nuvanian Republic]]. The adoption of the [[1836 Constitution of Nuvania|1836 Constitution]] enshrined a right for Nuvanians to own firearms, and while this right was legally available to all Nuvanians, in practice, this led to discrimination against certain groups of people, particularly non-whites.  


[[File:Kmdt SPE Trichard, Naturellekommissaris van Middelburg, ZAR.jpg|300px|thumb|left|Trick shooter [[Phillippus van der Walt]] poses with his rifle, 1880s.]]
[[File:Kmdt SPE Trichard, Naturellekommissaris van Middelburg, ZAR.jpg|250px|thumb|left|Trick shooter [[Phillippus van der Walt]] poses with his rifle, 1880s.]]


Between 1836 and 1914, Nuvanian firearm ownership exploded in popularity and almost every household had a firearm located somewhere within it, largely due to older laws being unenforced. {{wpl|Trick shooting}} and {{wpl|exhibition shooting}} became popular across the country. These shows attracted tens of thousands of people and were often seen as opportunities for gun manufacturers to market firearms, as almost all of Nuvania’s firearms were imported. Nuvania hosted its first firearms show in 1906, which became the [[National Firearms Fair]] following the Great War.  
Between 1836 and 1914, Nuvanian firearm ownership exploded in popularity and almost every household had a firearm located somewhere within it, largely due to older laws being unenforced. {{wpl|Trick shooting}} and {{wpl|exhibition shooting}} became popular across the country. These shows attracted tens of thousands of people and were often seen as opportunities for gun manufacturers to market firearms, as almost all of Nuvania’s firearms were imported. Nuvania hosted its first firearms show in 1906, which became the [[National Firearms Fair]] following the Great War.  

Latest revision as of 15:46, 5 February 2024

Template:KylarisRecognitionArticle Firearms in Nuvania are subject to restrictions and regulations for civilian ownership, including the possession, sale, and use of firearms. Civilian ownership of a firearm in Nuvania is conditional on meeting certain criteria and can be legally denied or revoked if an individual does not meet these criteria. Two pieces of legislation, the Arms Act 1987, and the Hunting and Fishing Act 1972 currently regulate firearms in Nuvania, and provide the framework for which enforcement of firearms regulation is conducted.

Nuvania has had a long history of civilian ownership of firearms, and this association has had an impact on the country, particularly in rural areas where firearms are considered essential tools for most households. Between 1836 and 1937, the Constitution of Nuvania enshrined the right to own firearms, a provision not included in the 1937 constitution adopted after the Great War. Firearms legislation has been controversial, particularly in the enforcement of existing firearms laws as well as issues surrounding the legal obligations of firearms owners.

History

Firearms have been used in Nuvania since the first Euclean colonists landed in the country in the early 16th century. These were predominantly used to defend households and settlements from attacks by hostile colonial powers and indigenous peoples. Because of the nature of the firearms of the period, these largely being muzzle loaded, smoothbore muskets and flintlock pistols, early Hennish colonial authorities in both the First Hennish Republic and the Duchy of Flamia did not create legislation to regulate firearms, and actively encouraged people to keep them for protection. This policy was kept in place through successor states, including the Sotirian Commonwealth and the Grand Duchy of Hennehouwe, although the latter also maintained sizable colonial forces in their Asterian colonies.

The first legislation to be introduced that limited firearm possession came following the seizure of Hennehouwe’s Asterian colonies by Estmere after the conclusion of the Hennish-Estmerish War. Estmerish colonial authorities were concerned about potential armed uprisings against the colonial government and moved to disarm much of the Hennish population whilst allowing Estmerish settlers to maintain some firearm ownership. In 1756, the Parliament of Estmere introduced the Act of Parliament Concerning the Legal Possession of Arms in the Colonies, which introduced restrictions on who could own firearms in the colonies and for what purposes. In Nuvania, the Act was used to largely disarm former Hennish citizens in cities and towns, while attempts at disarming those living in more rural areas largely failed. Enforcement was carried out by soldiers of the Estmerish Army, who often also disarmed citizens who had legal permission to possess firearms.

The failure of the Estmerish colonial authorities to disarm Hennish civilians was a crucial aspect in the development of citizen militias opposed to Estmerish rule, as the Burgerweermag was formed from armed civilians. It also saw the firearm become a symbol of defiance and self-defence against authoritarian governments within wider Asterianer culture, something that would continue on as a cultural symbol of Asterianers. This would develop into a cultural affinity across all sectors and people groups of Nuvanian society. Asterianers themselves would integrate firearms into their collective identity, particularly in the progressive settlement of the wider Oronokia basin within central Nuvania, as well as frontier areas like Litania. Asterianer gun culture typically centred around marksmanship, as the Asterianers continued to maintain the kommando system throughout the Asterianer Confederacy and the later Empire, as well as into the First Nuvanian Republic. The adoption of the 1836 Constitution enshrined a right for Nuvanians to own firearms, and while this right was legally available to all Nuvanians, in practice, this led to discrimination against certain groups of people, particularly non-whites.

Trick shooter Phillippus van der Walt poses with his rifle, 1880s.

Between 1836 and 1914, Nuvanian firearm ownership exploded in popularity and almost every household had a firearm located somewhere within it, largely due to older laws being unenforced. Trick shooting and exhibition shooting became popular across the country. These shows attracted tens of thousands of people and were often seen as opportunities for gun manufacturers to market firearms, as almost all of Nuvania’s firearms were imported. Nuvania hosted its first firearms show in 1906, which became the National Firearms Fair following the Great War.

As the development of firearms progressed, the Nuvanian government began to address the issue of large numbers of firearms in civilian ownership, particularly as uneven economic growth as well as growing encroachment of white settlers along Nuvania’s frontiers resulted in social tensions and small-scale conflicts. The government began to address this slowly, introducing pieces of legislation to control the proliferation of firearms, without encroaching on Nuvania’s constitutional right to own firearms. In 1876, the government introduced the Sale and Purchase of Arms Act, which regulated who could sell firearms and other weapons in Nuvania, but did not regulate personal transfers of firearms. The Act required the creation of a legal registry of all commercial firearms importers and retailers in Nuvania, as well as for those wishing to import and sell firearms to obtain import and sales permits. In 1880, the Poaching and Illegal Hunting Act was introduced that made it illegal to kill game animals with a firearm on land without explicit permission from the owner, or a hunting licence. In addition, crimes committed by firearms were included in the Criminal Ordinance Act 1840 (Crimes and Degradations Committed with A Firearm) Amendment Act 1882, following a rise in banditry in the interior of Nuvania.

The advent of repurposed military rifles and shotguns becoming more available saw a massive increase in game hunting, with Nuvania having established a game hunting industry to rival that of the safaris of Bahia by 1910. Firearms became status symbols in addition to practical tools, with many middle class and upper class Nuvanians paying for personalised firearms. Wood carvings and metal engravings were the most popular, whilst more wealthier owners preferred gold and silver finishings or ivory handle inserts. The types of firearms that owners could afford also differed according to class. Obsoleted military rifles were imported en masse by Nuvanian firearms dealers and sold cheaply, with Estmerish rifles such as the Martini-Henry and Lee-Metford becoming widely available in addition to Gaullican rifles such as the Gras and Lebel. More expensive firearms were often those in limited production runs, one-offs made specifically for customers, or hard to acquire, including the first semi-automatic handguns.

Nuvanian society by 1914 was still considerably unequal with economic and social inequalities compounded by the Great Collapse in 1914. Nuvania’s economy was plunged into a major economic depression, with mass layoffs of workers and industrial strife. Highly unionised, predominantly urban white workers began mass strikes in response to businesses cutting wages, improving working conditions and hours, among other grievances. The proliferation of firearms in the decades prior meant that these strikes and confrontations were often tense, as both sides were heavily armed. Police and Army soldiers were frequently outnumbered, resulting in the government having to force business owners at the centre of the disputes to make concessions. Viewed as an increase in leftist influence within Nuvanian society, many far right politicians and business owners sought to put an end to the armed trade unionists, whom they believed were preparing to launch a full scale revolution against the government.

This fear led to the victory of the National Salvation Front, commonly known as the Volksfront, in the 1918 general elections. The Volksfront regime, led by C.L van Vuuren, began crackdowns on the trade union movement, as well as other movements initiated by people opposed to both economic and social conservatism. A series of massacres of office workers would follow; the White Shirt massacre on March 16, 1919, the Plantation massacre on December 5, 1919, the New Year’s Eve massacre on December 30, 1919, and the University of Pietersburg massacre on January 5, 1920 resulted in mass discontent with the government. This would simmer until December 28, 1921 when a white miner’s strike in Etten subsequently turned into open rebellion, backed by several leftist groups and political parties, which then spread to major population centres across northern Nuvania. The 1922 Northern Rebellion was characterised by considerable gun battles between heavily armed anti-government rebels and the military and police, who had to resort to using aircraft, artillery and tanks, to force an end to the uprising, causing the deaths of over 200 people. The Northern Rebellion was shortly followed by the Wayuu Rebellion in southeastern Litania which began on May 22 and ended with the complete pacification of the Wayuu on June 3.

These rebellions prompted the Volksfront regime to institute a series of reforms in an attempt to disarm the wider population and prevent more government uprisings. It introduced the Arms Act 1923, which introduced a raft of new restrictions. These included the introduction of a licensing system approved by the government, the prohibition of certain firearms in private ownership, comprehensive regulation of firearms dealers and importers, as well as a complete ban on private sales of firearms. Furthermore, the Arms Act 1923 handed powers to both the military and police to seize firearms. Those prohibited from owning firearms included being a member of a banned political organisation, someone who was convicted of a violent crime or crimes against the state, or someone who failed to meet property requirements that were similar to those required to vote. This disenfranchised many non-white Nuvanians who did not own property that met the value requirement, or did not own any property at all.

The Maroon Rebellion between December 10, 1924 and April 5, 1925 was in part caused by the government’s attempts to disarm the Maroon population of Nuvania by both army soldiers and police officers, resulting in a months long low level conflict. This created further impetus for the government to introduce more restrictions on firearm ownership, including banning non-whites from owning any firearm and the prerequisite of firearm ownership being a member of the local kommando, with some exemptions. This meant that millions of Nuvanians now held illegal firearms in their possession, although no serious attempts at disarmament were made after the Maroon Rebellion.

Restrictions were eased during the Great War, particularly after 1932 when the prospect of invasion by the Grand Alliance was considered very real. Parts of Nuvania were ultimately invaded, notably during the Daule offensive in 1934, in which the province of Daule was invaded by Aucuria. Nuvania’s surrender in late 1934 saw significant numbers of firearms stolen from caches and barracks across Nuvania, with soldiers largely ambivalent to protecting government stocks. It also meant that significantly less firearms were handed over to the Allied Civil Government during the demobilisation of the Nuvanian Army than expected. Indeed, many of these firearms circulated through black market dealers and were used to arm left-wing and right-wing paramilitaries in the late 1940’s and early 1950’s. Most of these firearms were bolt-action rifles, although a large number of revolvers and semi-automatic handguns were sold through the black market. In addition, a small number of machine guns and submachine guns were also stolen and sold, these becoming high-value pieces owned by a few select people. The Allied Civil Government attempted to recover these weapons using records kept by the Volksfront government, but failed to remove the majority of firearms from illicit circulation.

The return of responsible government in 1937 saw the return of firearms legislation, albeit little changed from that introduced under the Volksfront regime. The licensing system remained in place, but qualifications for licensing changed from property ownership requirements to a fee, as well as a genuine reason for wanting to own a firearm. The new Firearms Act 1939 also stipulated that firearms owners had to provide safe and secure storage for their firearms and ammunition, and created the role of Arms Officers within the National Police Service to oversee and enforce it. In addition, parts for individual weapons and ammunition would also be only able to be purchased by a licensed firearms owner.

Few changes were made to firearms legislation between 1939 and 1983. The most notable changes came with the Firearms Act and Crimes Act Amendment Act 1952, which added self-defence as a legitimate defence in the legal system, as well as a legitimate reason to own a firearm, and the Second Firearms Act Amendment Act 1965, in which conceal and carry permits were legalised for the first time. By the beginning of the 1970’s, automatic firearms were becoming increasingly common in both the hands of civilians and in the hands of paramilitaries, with thousands of these firearms entering the country through illicit and legitimate means. Although the import and sale of automatic firearms was not illegal, it occupied an unregulated grey area within legislation and presented a problem for the conservative government. In 1972, the Firearms Act 1939 (Regulation of Automatic Firearms) Amendment Act 1972 was introduced with the aim of more comprehensive regulation of automatic firearms, without outright banning them.

Confiscated firearms in Pietersburg during the drug war in the city.

Pressure mounted on the government to act throughout the decade as automatic firearms became increasingly used to commit crimes as well, particularly with the burgeoning narcotics trade. The outbreak of a drug war between rival gangs in Pietersburg that began in 1979 gave the impetus for action to be taken on the regulation of automatic firearms. Violent crime, particularly that involving firearms, exploded in the city, with over 700 people murdered in 1981 alone. However, political disagreements delayed changes to legislation. Proposed reforms were scrapped following the election victory of Johnathan Keaton in the 1982 general election, who viewed firearms legislation reforms as insignificant.

The government’s hand was eventually forced by events on December 4, 1983, in which former soldier Nicolas Liebbrandt entered Barsotti's, an Etrurian cuisine restaurant in downtown Pietersburg, and opened fire on patrons. Armed with a MAC-10 machine pistol, which he had acquired legally, Liebbrandt killed 29 people and injured another 12 in Nuvania’s deadliest spree shooting. Liebbrandt committed suicide after the shooting, and his body was found by police during a sweep of the restaurant. The shooting shocked Nuvania despite numerous massacres with firearms occurring. Fearing a major backlash against the government, Keaton acted and passed the Arms Act 1987 under urgency in June the following year.

Despite the banning of automatic firearms in 1987, many instances where such firearms were used to commit massacres and mass shootings, although the former was largely ended following the conclusion to the Direct Action Movement and the disarming of left-wing and right-wing paramilitaries. Significant mass shootings that have occurred since then include the Market Square shooting in Pietersburg on November 15, 1988, where eight were killed and 19 injured, the Midnight Oil Club shooting in Pietersburg on December 30, 1993, where four were killed and five injured, and the Pluto nightclub massacre on July 24, 2000, where 11 were killed and seven more injured.

Illicit firearms continue to be a significant problem in Nuvania, with the country experiencing a high rate of crimes involving firearms.

Statistics

Legal firearms

There are approximately 3.1 million legally registered civilian firearms in Nuvania as of 2021 according to the National Police Service. Of these firearms, nearly 950,000 are rifles, 304,000 are shotguns, and 1.85 million are handguns.

In addition, there are just over one million licensed firearms owners in Nuvania, who on average, own around three firearms each.

Outside of civilian firearms, there are also over 350,000 firearms in the possession of the Nuvanian Armed Forces and 270,500 firearms with the National Police Service. In addition, around 660,000 firearms are in service or in the possession of a number of other government agencies.

Illicit firearms

As of 2021, there are an estimated 1.24 million unregistered and illegal firearms in Nuvania. Most of these are firearms that were imported into the country illegally through various means, mostly from neighbouring countries.

Although exact numbers are not known, most of the unregistered and illicit firearms consist of handguns and other easily concealable weapons, particularly small submachine guns and machine pistols. Shotguns and long arms, particularly semi-automatic rifles, constitute the remainder of illegal firearms, including homemade firearms confiscated by authorities.

Deaths by firearm

According to Nuvania’s Ministry of Health, there were 2,805 total deaths by firearm in Nuvania in 2021. Of these deaths, 686 were homicides, 381 were suicides, and 1,662 were unintentional. An additional 76 were listed as undetermined.

Based on these statistics, firearms were involved in 37.5% of intentional homicides (1,828 in 2021) and in 42.6% of suicides (894 in 2021).

Licencing

Application

Firearms licences are required by law to be in the legal possession of a firearm in Nuvania. Firearms licences are issued by the National Police Service who determine if the applicant will have their application approved or denied. A valid firearms licence is also required to purchase parts for any weapon as well as ammunition. Firearms licence applications and enforcement are approved and enforced by Arms Officers, who are also legally referred to as issuing officers for the purposes of processing licence applications.

Individuals wanting to apply for a firearms licence must be over 18 years of age and have a valid reason for the licence, the most common examples being sports shooting and hunting. Background checks involving an applicant’s criminal, employment, health, addiction, and previous licence records if applicable. Third party character references and interviews with family or household members over the age of 18 are also conducted. High likelihood of domestic or family violence, or prior history of violence, including convictions, are automatic causes for the denial of applications by issuing officers.

Applicants must also demonstrate that they have secure storage facilities at their own home, such as a gun locker, or have access to a secure storage facility owned by another licence firearm holder.

Licence types

There are four licence types in Nuvania which permit the owner possession of firearms and limited types of explosives.

A Category A licence enable the holder to own the following:

  • Any lever action and pump action shotguns up to 12-gauge in calibre with no detachable magazine.
  • Any manually loaded rifle up to 8mm in calibre.
  • Category A licences are the most common type of firearms licence in Nuvania, composing 61% of total firearms licences.

A Category B licence enable the holder to own the following:

  • Any revolver or semi-automatic handgun up to and including 9mm in calibre.
  • Any semi-automatic shotgun up to 12-gauge in calibre with a fixed magazine.
  • Any semi-automatic or self-loading rifle up to 8mm in calibre.

A Category B licence is the second most common type of firearms licence in Nuvania, composing 26% of total firearms licences.

A Category C licence enables the holder to own manually-loaded rifles over 8mm in calibre with special permissions as well as semi-automatic shotguns up to 12-gauge with detachable magazines. This licence type composes ten percent of all licences.

A Category E licence is required to be legally allowed to operate civilian explosives in construction, mining, and pyrotechnics. Requirements are different to those of overall firearms but are enforced and managed by approved Arms Officers.

In addition to licence types, Category A and B licences can come with a series of endorsements. These endorsements are labelled Carry, Hunting, Occupation, and Sport and allows the following:

  • A Carry endorsement allows the licence holder to open carry firearms in urban areas. This endorsement applies to handguns and requires additional safety training. Carry endorsements apply to non-police law enforcement agencies at the central government level and for private security firms.
  • A Hunting endorsement allows the licence holder to carry firearms when hunting on public land. This endorsement applies to long arms such as rifles and shotguns and requires additional safety training.
  • An Occupation endorsement allows the licence holder to carry firearms in both rural and urban areas and applies to all types of firearms. It also requires additional safety training dependent on the type of occupation.
  • A Sport endorsement allows the licence holder to securely transport their firearms to and from tournaments as well as take their firearms overseas. No additional safety training is required.

Outside of endorsements, the National Police Service issues conceal and carry permits to licence holders possessing a Category B licence. Approval from district commanders or provincial commanders is necessary for a conceal and carry permit and this permit only applies to handguns.

Nuvania has varied licensing periods, depending on the licence type and endorsement on that licence. Category A and B licences with no endorsements must be renewed every ten years, with a requirement to complete a safety refresher course. Category C licences are required to be renewed every five years with the same refresher course requirement. Any licence containing a Carry or Occupation endorsement is required to be renewed every three years, and any licence holder with a conceal and carry permit is required to renew their permit yearly.

Possession

The Arms Act 1987 states that all firearms must be kept inside secure weapons lockers or safes at all times except in the following conditions:

  • The licence holder has an endorsement on their licence which permits them to transport their firearm.
  • The licence holder has an endorsement on their licence which permits them to carry their firearm on their person.
  • The licence holder has an approved conceal and carry permit.
  • The licence holder is transporting their firearm to a licensed firearm dealer in order to sell the firearm or to have the firearm maintained.
  • The licence holder is transporting their firearm from a licensed firearm dealer upon purchase of the firearm.

All ammunition is also required to be stored inside the same secure location as the firearms unless the ammunition is intending to be used in the firearm or the ammunition has been purchased from a licenced firearm dealer.

In order to legally possess and operate firearms, all applicants and licence holders must pass a theory and practical test which includes knowledge of relevant firearms legislation as well as safety courses. These courses are provided either by the National Police Service themselves or through approved and qualified instructors on private ranges.

Discharging a firearm inside an urban area or within 35 metres of a residential address that is not the registered address of the licence holder is illegal unless that licence holder has an endorsement permitting them to carry firearms in urban areas or is on a dedicated shooting range.

All firearms must be transported securely to and from locations either inside an approved vehicle safe, on a secure gun rack, or inside a secure case from the manufacturer. All firearms when not in use are to remain unloaded unless on a hunting reservation or if the licence holder has a Carry endorsement on their licence.

There are no restrictions on the number of firearms a licence holder may possess or limitations on the quantity of ammunition a licence holder may have.

Restrictions

The Arms Act 1987 places restrictions on the types of firearms that can be legally possessed in Nuvania as well as the type of ammunition, components, and modifications that firearms may use.

Ammunition

Firearms in civilian ownership in Nuvania can be of any calibre up to 9mm for handguns, 8mm for most manually loaded and semi-automatic rifles, and 12-gauge for shotguns. Weapons over these calibres are highly regulated, and may only be purchased with certain permissions from the National Police Service.

Armour-piercing, expanding, explosive, fragmentation, and toxic ammunition are all prohibited under the Arms Act 1987.

Firearm types

All automatic firearms are prohibited in Nuvania with exceptions made for firearms exclusively for military and law enforcement use.

Firearm components and modifications

The Arms Act 1987 prohibits any device, attachment, or accessory intended for military use on any civilian-owned firearm. These include, but are not limited to, infrared scopes and sights, laser sights, and grenade launchers. Furthermore, any modification intended to make a semi-automatic firearm an automatic firearm, or simulate automatic firearms, are also prohibited.

Restricted attachments and accessories available to civilians include sights, scopes, and silencers. All of these are only available on manually-loaded and semi-automatic rifles with requirements that the licence holder of the firearm has a Hunting endorsement on their licence and that the accessory or attachment is intended for use on that firearm.

Sales and transfers

Sales

Members of the public inspect firearms at a gun show in Windstrand.

Commercial sale of firearms, firearms accessories, and ammunition is regulated under the Arms Act 1987, and subsequent amendment acts. All firearms purchased and sold in Nuvania are registered with their owners in the National Firearms Licence Register. Each individual firearm’s manufacturer, model designation, calibre, and serial number are recorded on the register. All civilian firearms have their own individual Certificate of Ownership containing details about the registered owner and the individual firearm itself. A change of ownership in a firearm through a sale or transfer invalidates the existing certificate, with a new certificate needed. Certificates do not need to be issued immediately upon purchase or transfer, but must be received within 30 days of the change of ownership.

All licensed firearms dealers must conduct their business from a legitimate registered commercial address and have a valid firearms licence themselves with the Occupation endorsement. Firearms may be displayed on these premises in secure display cases or racks but must remain unloaded at all times. Ammunition may be stored on shelves or in secure display cases.

All firearms and ammunition purchased by civilians must be through a licensed firearms dealer. Each sale must have a written record of the sale and includes the following:

  • The quantity of firearms or ammunition purchased
  • The calibre of firearms or ammunition purchased
  • The serial number of the firearm purchased
  • The date and time the firearm was purchased
  • The listed address of the licence holder conducting the purchase
  • The licence number and endorsements of the licence holder conducting the purchase
  • The listed address and licence number of the dealer conducting the purchase

All individuals purchasing a firearm must pass a background check before they are allowed to purchase a firearm. Background checks are conducted by Arms Officers of the National Police Service, and may take up to a maximum of 90 days to complete. Background checks are also required for the purchase of firearms parts and accessories, but not for ammunition.

All sales of firearms and firearm parts in Nuvania must be conducted through registered firearms dealers; private sales between individuals are prohibited. The process for selling a firearm is much simpler, as the firearm needs to be officially changed over to the dealer through a Change of Ownership form.

Transfers

Private transfers of firearms are normally prohibited but some can exist under specific circumstances. Deactivated firearms are permitted to be transferred provided that the recipient of the firearm does not intend to reactivate the firearm.

Private transfers of firearms that are considered “active” (capable of firing live rounds) are permitted between family members if both family members are over the age of 18 years, have required secure storage facilities, have a valid firearms licence with the correct endorsements.

Use

Business

Certain businesses require the use of firearms as part of their day-to-day operations, particularly private security firms. These businesses are permitted to have employees operate firearms, however the business itself must retain ownership of the firearms, and provide safe and secure storage for them. Businesses are permitted to have handguns, rifles, and shotguns depending on their type of work, but employees must have the correct endorsements and licences in order to operate them.

Employees of specific firms such as private security companies have permission to discharge firearms within urban areas against one or more persons in the event that their personal safety, that of their work colleagues, or the safety of clients is life-threatening.

Approximately 150,000 people carry or use firearms as part of their day-to-day employment in Nuvania.

Collection

Firearms collectors are subject to the same regulations and requirements as any other civilian firearms user in Nuvania. There are no restrictions placed on the number of firearms any individual may possess or any limitations on the quantity of ammunition.

Firearms collectors are, however, prohibited from discharging their firearms in urban areas and within 35 metres of a residential address that is not that of the licence holder, unless they are on a dedicated shooting range.

Defence

Throughout various periods of Nuvanian history, firearms have been used in self defence and in the defence of private property and civilians. Various legislation governing the use of firearms has stated self defence as a valid reason for firearm ownership and acquisition.

Personal protection and the protection of a licence holder’s private property and family, is considered to still be a valid reason to own and acquire a firearm. However, under the Arms Act 1987 (Definition of Self Defence) Amendment Act 2001, a person may discharge a firearm in an urban area in self defence or in the defence of family in a life-threatening situation.

This provision within firearms legislation has been controversial as it has resulted in a number of instances where civilians have shot and killed other civilians in claimed self defence. In recent years, there have been calls from civil organisations, legal experts, and politicians, to have this provision abolished, although governments have repeatedly stated that the cost of enforcement would be prohibitively expensive.

Hunting

Hunting in Nuvania is regulated by the Hunting and Fishing Act 1972 and covers all public lands where hunting is permitted. Hunting without a permit is permitted on private land but a permit is required for hunting in national and provincial parks where permitted, as well as in dedicated hunting reserves. Permits are issued either by the National Park Service for areas managed by the central government, or by a provincial Department of the Environment and Conservation for areas managed by provincial government.

Hunting permits do not require firearms to be obtained but are considered valid proof of a genuine need for a firearm. Furthermore, all hunting with firearms is subjected to restrictions on firearms and ammunition outlined in the Arms Act 1987.

There are approximately 500,000 hunting permits issued in Nuvania. Of those, just over half are licensed firearms owners.

Sport

Around 45,000 sports shooters are registered with the National Sports Shooting Association, which covers all sports with firearms in Nuvania. Sports shooting has had a long history in Nuvania, with the country winning four medals in shooting sports at the Invictus Games, the most well known being Adrian Britz, who won two silver medals in pistol shooting, one at the 1974 Los Santos Invictus Games, the other at the 1986 Sainte-Marie Invictus Games, the latter being the last medal won at shooting events. Nuvania has produced numerous world champions in various sports shooting events.

Criticism

Firearm proliferation

Following the signing of the Pietersburg Agreement in 1991, multiple paramilitary groups turned in their weapons during an amnesty period between January and October 1992. It is widely believed that many of the firearms in use by paramilitaries were not handed in and were able to enter the black market through illicit sales and transfers to criminal organisations and individuals. Many critics of existing legislation have stated that the transfer of firearms between family members has allowed illicit transfers of firearms, sometimes in large quantities, involving individuals with paramilitary backgrounds. These are believed to have resulted in a spike of illicit firearms circulating in Nuvania following the end of the armed conflict.

Critics of Nuvania’s firearms legislation have said that the ease at which firearms can be acquired is behind the large number of firearms used in homicides in the country, as well as inadequate storage and training behind large numbers of people accidentally killing themselves or others with firearms. Numerous organisations have formed to either limit the number of firearms and type of firearms individuals may own, or even ban firearms altogether. The largest of these groups is the Arms Reform Coalition which seeks legislative reform and structural reform within the National Police Service to reduce the number of firearms involved in accidental and intentional deaths.

Discrimination

Firearms legislation has been used historically to discriminate against different people groups. This discrimination was primarily directed at Nuvania’s non-white minorities as well as against people groups perceived to pose a threat against the government of the time. Discrimination has manifested both in the form of outright banning certain groups from owning or possessing firearms as well as discriminatory enforcement and policing of minority communities.

Under the Hennish colonial administration, firearms could only be owned by white settlers, with similar laws in both the colonies of the Duchy of Flamia and the First Hennish Republic. During the existence of the Sotirian Commonwealth, firearm ownership was exclusively reserved for Kasperists as Catholics were discriminated against in most aspects of property ownership.

The Estmerish engaged in discrimination of firearms ownership against the Hennish majority following the ending of the Estmerish-Hennish War, in which firearms ownership was reserved for Estmerish colonists. The ban proved difficult to enforce, and the large number of firearms in the hands of Hennish -speaking civilians was a key aspect in the creation of the Burgerweermag in 1796.

Nuvania would engage in discrmination against perceived enemies of the state throughout its post-independence history. During the Asterianer Confederation, ethnic Estmerish were prevented from owning firearms. This also applied to the Confederalists who rebelled against the formation of the Asterianer Empire, which ushered in a period of largely political restrictions, starting with anti-monarchists following the War of the Confederacy until the overthrow of the Empire in 1836. Leftists and monarchists were targeted in firearms legislation until after the Great Collapse, when the rise of the National Salvation Front began to persecute its political enemies. The Volksfront regime would ultimately attempt to engage in the widespread disarming of the populace between 1917 and 1935. Similar measures were put in place by the Allied Civil Government until the return of responsible government in 1937.

The Conservative hegemony between 1949 and 1989 resulted in a ban on firearms ownership for black and indigenous Nuvanians in response to growing violence in the late 1940s and early 1950s. Despite the ban, firearms proliferated extensively in these communities in response to persecution by the state and by paramilitaries. This ban was not repealed until 1990 following the election of the Social Democratic Liberal Party to power in 1989.

Ethnic and racial minority communities continue to be disproportionately impacted by policing targeting illicit firearms, with black and indigenous Nuvanians being the most targeted by police operations. This remains a legacy of the racial discrimination enacted during the long period of Conservative rule between 1949 and 1989. Among the many aspects of this discrimination include a greater likelihood of applications being rejected, longer wait times for approval of applications, disproportionate levels of police resources in majority non-white communities, and greater instances of fatal police shootings. Since 1990, successive governments have attempted to improve policing and enforcement in non-white communities with limited success.

Self-defence laws

Firearms legislation in Nuvania allows for the possession of a firearm with the intent of using it for self-defence, with firearms able to be used in self-defence or in the defence of family in a life-threatening situation. This has resulted in a number of instances in which people have been injured or killed in cases where a firearm has been used for self-defence, with many notable cases involving individuals who were unarmed when they were shot. Nuvanian law does not state that an individual has a duty to retreat from a threat if there is a viable means to do so.

Notable deaths have included the 1989 killing of Martin Hoek, a 19 year old teenager who was shot and killed in Pietersburg during a confrontation with a security guard at a supermarket after claiming he had a knife, the 2007 killing of Sarah Hoskins, a 27 year old woman who was shot and killed while confronting a person in a road rage incident in Windstrand, with the man who shot her possessing an unregistered handgun. Most recently, in April 2022, 34 year old Lewis Carlson and 41 year old Sarel Gies were both shot dead in separate incidents in which the other person claimed to act in self-defence.

Critics of self-defence laws have stated that lack of a duty to retreat, as well as the ability to own and purchase firearms for self-defence, has created a legal grey area in which cases of intentional killings have been claimed as justifiable through claiming the other person was acting in self-defence. Organisations such as ARC have called for the removal of self-defence as a legitimate reason to possess a firearm from legislation, as well as implementing a legal requirement to retreat from an attack if possible.