| In this edition we take a look at the
purpose of the Act, renewal periods, the options you have if you
decide that you no longer need or want your licensed firearm, what
one must do if one needs a licence, how hunters and business
owners are affected by the new Act and what procedures must be
followed if you inherit a firearm.
Background of the Firearms Control Act, Act 60 of 2000
The Firearms Control Act, 2000(Act no 60 of 2000) was
promulgated on 4 April 2001. The legislation was implemented in
phased manner through promulgations of Section 113 and 140 during
July 2001 and provisions relating to accreditation promulgated
during July 2003. The Firearms Control Legislation was fully
implemented on 1 July 2004.
PURPOSE OF THE FIREARMS CONTROL ACT,
2000( Act 60 of 2000) |
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To promote responsible firearm
ownership for a safe and secure South Africa. |
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To enhance people in South Africa’s
constitutional rights to life and bodily integrity. |
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To prevent the proliferation of
illegally possessed firearms and, by providing for the removal of
those firearms from society (and by improving control over legally
possessed firearms), to prevent crime involving the use of
firearms. |
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Enable the State to remove illegally
possessed firearms from society, to control the supply,
possession, safe storage, transfer and use of firearms and to
detect and punish the negligent or criminal use of firearms. |
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Establish a comprehensive and
effective system of firearm control and management. |
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Ensure the efficient monitoring and
enforcement of legislation concerning the control of firearms. |
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All existing firearm licences must be renewed
The Firearms Control Act, (Act 60 of 2000) requires that all
existing firearms licences must be renewed in terms of the Act.
The renewal of existing firearm licences will take place over a
period of five years. A person can apply to renew his or her
firearms licence before the set dates but there is no provision
for persons applying outside the prescribed periods.
The Poslec Seta will manage proficiency testing and firearm
training courses. The Poslec Seta is also responsible for setting
and maintaining training standards. The organization accredits all
training institutions, training instructors and accessors. All
training institutions must also be accredited by the Central
Firearms Control Register in terms of the above Act.
People have to apply for renewal in the police station areas
where they live.
Individuals will have to renew their
current firearm licences according to a time frame, which is
linked to a person’s month of birth as indicated below:
| DATE OF BIRTH |
RENEWAL PERIOD |
| 1 January to 31 March |
1 January 2005 to 31 December 2005 |
| 1 April to 30 June |
1 January 2006 to 31 December 2006 |
| 1 July to 30 September |
1 January 2007 to 31 December 2007 |
| 1 October to 31 December |
1 January 2008 to 31 December 2008 |
Persons applying for renewal of their firearm licences during
the above five-year period will have to acquire a competency
certificate.
Firearm owners who wish to apply for the renewal of their
licences before their scheduled date may do so. However, this will
mean that their renewal cycle will start earlier.
Options that you have, should you
decide that you no longer need or want your firearm (including
inherited firearms): |
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Have it deactivated |
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Hand it over the SAPS so that it can
be destroyed |
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Sell it to a private person who will
have to obtain a licence before the sale can take place |
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Sell it to a dealer |
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Donate it to a museum |
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Export the firearm permanently to
another country. |
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Frequently asked questions and answers
Until when do firearm owners have time to licence their firearms
in terms of the new Act?
On 1 July 2004 the new Act and all relevant Regulations became
effective. Licences, permits and authorizations which were issued
in terms of the previous Arms and Ammunition Act (Act No 75 of
1969), however remain valid until they have to be renewed.All
applications received from 1 July 2004 will be handled in terms of
the new Firearms Control Act,2000 (Act No 60 of 2000). Licences
which were issued under the previous Act, and must now be renewed
in terms of the new Act, will thereafter be subject to the
provisions of the new Act.
What about ammunition?
In terms of the new Act every licenced owner of a
firearm is limited to 200 rounds of ammunition. NOW - THE BIG
QUESTION... is it illegal for persons who already have more than
200 rounds of ammunition in their possession in terms of the
previous Act (Act 75 of 1969) to be in possession of this
ammunition? The answer is no.
Until you renew your current licence, you may have more than 200
rounds of ammunition per firearm. As soon as you apply for your
licence in terms of the Firearms Control Act, 2000 (Act No 60 of
2000), you are limited to 200 rounds of ammunition per firearm.
Dedicated sports persons and dedicated hunters are excluded
from this limitation. In terms of the Act they are allowed more
than 200 rounds of ammunition and more than 2 400 primers per
firearm.
What this means is that, if you are not a dedicated sports shooter
or dedicated hunter and you have too much ammunition in your
possession (in terms of the new Act), you have to start preparing
to dispose of it.
How does a person qualify for a
firearms licence in terms of the new Act?
One of the major differences in the new Act is the
precondition that persons who have firearm licences, have to be
able and competent to use the particular firearm(s). Both the
owner of the firearm and the firearm must therefore be licenced.
The person must be able and competent to use the firearm and the
firearm must be licensed.
How does one go about obtaining a
competency certificate?
To prove competency the person has to get a competency
certificate from the SAPS. In order to apply for a competency
certificate from the SAPS, the applicant has to undergo a
theoretical and practical test at one of the accredited training
institutions.
The SAPS will then do a complete background evaluation of the
applicant and if everything is in order, a competency certificate
will be issued.
The competency certificate has to be re-issued every five years
to ensure that the owner of the firearm is still able and
competent to use his or her firearm.
All training has to be done at an accredited shooting range. The
South African Bureau of Standards (SABS) certifies the shooting
ranges and the SAPS then does the accreditation.
What happens once an applicant has his
or her proficiency training certificate?
The proficiency training certificate is handed over to the SAPS
and then the person is evaluated on the grounds of various
criteria. This means that: |
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The applicant must be at least 21
years or older (but there are certain exemptions). |
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He or she must be a South African
citizen. |
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His or her background and criminal
record will be verified - any evidence of domestic violence,
alcohol and drug abuse and other social crimes as well as the
applicant’s mental health and character in general will be
investigated. All of this is done to establish whether or not the
applicant has any previous convictions and if he or she has any
tendency towards violence. |
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Three interviews will be held with
people who know the applicant well to establish whether or not
there are risk factors involved in the applicant owning a firearm
and if there are circumstances which should be investigated. |
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It is important to know that the Act
places a responsibility on the owner of a firearm and that every
firearm owner must meet certain criteria otherwise his or her
licence may be revoked in terms of section 102 and 103 of the Act. |
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A competency certificate and licence
may be refused even if a person simply threatened to hurt or kill
himself or herself or any other person. |
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How many firearms and of what calibre may individuals have in
their possession?
First of all, it is important to know what is defined as a firearm
in terms of the Act, as the definition has been changed. According
to the new definition, the barrel, frame or receiver is defined as
a firearm which must be licensed.
The definition also includes an airgun with a calibre of 5,6 mm
(.22) manufactured to discharge a bullet or any other projectile
at a muzzle energy of more than 8 joules (6ft- lbs) or higher.
For licensing purposes, antique firearms (any muzzle loading
firearm manufactured before 1 January 1900), paintball guns,
deactivated firearms and tranquilliser firearms are also not
classified as firearms for licensing purposes.
However the Act makes provision for various offences which can
be committed with airguns and antique firearms. The misuse of
these types of firearms can have serious consequences.
There are various categories for the
licensing of firearms |
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Firstly, it is important to know that
the “occassional hunter” or the “occassional sports person” who
qualifies to possess firearms, is limited to a maximum of four
firearms. The four firearms can be licensed in terms of the
categories self-defence, or occassional sportshooting, or
occassional hunting. |
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For self-defence, a person may only
license one firearm. This may be a hand gun which is not fully
automatic or a shotgun which is not fully automatic or
semi-automatic. This licence will be valid for five years. |
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For occassional hunting or occasional
sport-shooting the applicant must apply to have firearms such as
shotguns, hunting rifles and sporting rifles licensed. In such
cases the applicant does not have to prove that he or she belongs
to a club or association although it can serve as motivation. He
or she must, however, be able to prove that he or she goes hunting
from time to time and participates in sport-shooting activities.
Three firearms may be licensed in accordance with this category.
This type of licence is valid for ten years. It is important to
note that the competency certificate still has to be renewed every
five years. |
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The next category for licensing is
owning a restricted firearm for self-defence. This involves a
semi-automatic weapon which cannot be converted to fully
automatic. Such licences will only be issued in extreme
circumstances and every application will be evaluated on merit.
The applicant will have to prove that normal self-defence firearms
are not sufficient for his or her purposes of self-defence under
his or her specific circumstances. Such a licence will be valid
for only two years. |
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The Act also provides for the
licencing of firearms for dedicated hunters and dedicated sports
persons. In these cases the applicants have to belong to
accredited hunting associations or sports associations. They have
to undergo all the training and tests prescribed by the Act and
meet all the requirements of the associations they belong to
before such associations will register them as dedicated hunters
or dedicated sports persons. In terms of the Act there is no limit
on the number of firearms or ammunition. The applicant, however,
will have to prove the necessity of each and every firearm in his
or her possession. Records will be kept of the members’ activities
and the associations will report on these activities annually.
These licences are valid for ten years, provided that the person
is affiliated with the Association and meets with all the given
requirements. Competency certificates also have to be renewed
every five years. |
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The Act also provides for the
licensing of a firearm for business purposes. Such licences can be
issued to various types of businesses such as security companies,
professional hunters, persons who are accredited to provide
training in the use of firearms and other accredited businesses. |
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What should one do if one inherits a firearm?
In terms of the new Firearms Control Act 2000 (Act No 60 of 2000),
inheriting a firearm is no longer motivation enough for obtaining
a firearm licence. The person who inherits the firearm, will have
to apply for the licence in accordance with one of the categories
regarding the licensing of firearms. It may be mentioned in the
application that the firearm is a family heirloom. However, the
person who inherits the firearm may only take possession of the
firearm when he or she has the licence for the particular firearm.
May I grant permission to someone else to
use my firearm?
The new Firearms Control Act 2000 (Act No 60 of 2000) stipulates
that the owner of a firearm, who is twenty-one years old or older,
may only allow another person to use a firearm while that person
is under his or her direct supervision. He or she must at all
times have direct control over the firearm. The firearm must also
only be used where it is safe and then only for a legal reason.
Violation of this stipulation can result in a three year jail
sentence.
Parents have to realize that children can commit serious
offences with airguns, although not all airguns have to be
licensed. Extremely harsh sentences can be imposed in such
circumstances.
What does the Act stipulate about the
carrying of a firearm in public?
A firearm which is carried in public, must be covered at all
times. Handguns must be in a holster or a similar container which
is designed to hold the firearm onto the body of the person who is
carrying it and this person must be able to control it. A firearm
which is in a holster must be fully covered.
How will I know if my safe complies
with the required standards?
The standards for safes are set by the SABS. The standards are
contained in SABS Standards 953-1 and 953-2. This documentation is
available from the SABS.
May another person leave his or her
firearm with me for safekeeping and what are the requirements
regarding the transportation of firearms?
The Act stipulates that a person who has a licence, permit or the
authority to own a firearm, may safekeep the firearm of another
person, provided that he or she has the written permission of the
owner. The permission must also be endorsed by a DFO. The firearm
may not be used by the person who is safekeeping it. The firearm
may be transported only by the legal owner or by a firearms
transporter who is in possession of a valid transporting permit.
In the next edition we will discuss the various forms that have
to be filled in for the accreditation and licensing of various
firearms, different licences and the licensing costs as well as
the process of the recording and safekeeping of firearms that are
voluntarily surrendered. |