THE FIREARMS CONTROL ACT, 2000 (ACT NO 60 OF 2000)

Why was the New Firearms Control Act Implemented?

• To effectively implement firearm control and also to remove illegal firearms from the community to make South Africa a safer place for everyone to live in.
• Preventing the use of illegal firearms in violent crimes.
• Responsible firearm ownership will be promoted through the improved regulation of illegal firearms.
• The act will ensure that a person who applies for a firearm licence is competent to own a firearm.

Do I Legally own a Firearm if I have the Green Firearm Card Licence or if my Firearm Licence is still in my Identity Document?

• All licences, permits and authorizations that were issued in terms of the Arms and Ammunition Act, 1969 (Act No 75 of 1969) will remain valid until they are due for renewal or until they expire or are revoked.

What should I do with a Licensed Firearm(s) and Ammunition for the Firarm(s) in my possession tht I no longer want?

• You can hand in your licensed firearm and the ammunition of that firearm at your nearest police station.
• Take the firearm licence, permit or authorization and your identity document or other form of identification with you.
• A police official will help you to complete the necessary forms.
• The police official must give you documentary proof that the firearm was handed in. The firearm and ammunition will then be destroyed.
• This service is provided for free.

What should I do with an Inherited Firearm?

Someone who inherits a firearm can do one of the following:

• The executor must keep the firearm in safe custody until a licence is issued to the person who is allowed to own it.
• The person who inherits the firearm can have it licensed under his or her name.
• The firearm can be given to a family member by means of an affidavit.
• The firearm may not be handed over to anyone else before it has been licensed under his or her name.
• The firearm can be sold to a licensed firearm dealer or other person.
• The firearm can be handed in at the nearest police station of the South African.
• Police Service to be destroyed.
• A registered gunsmith can deactivate the firearm after permission has been obtained from the South African Police Service prior to deactivation.

How Many and What types of Firearms may a person own in terms to the Firearms Control Legislation?

An individual can apply for a firearm licence in different categories.

Natural Person

A natural person is limited to a maximum of four firearms. These firearms can belong to the following two categories:

• Self-defence (This includes a handgun that is not fully automatic or a shotgun that is not fully automatic or semi-automatic)
  • The licence is valid for five years.
  • Limited to a maximum of 200 rounds of ammunition per firearm.
• Occasional hunting or occasional sports-shooting (This may include one handgun and firearms such as shotguns, sporting rifles and target rifles that are not semi-automatic or fully automatic).
  • Documentary proof must be produced that the applicant from time to time participates in hunting activities or sports-shooting activities.
  • If a person has a licence for a self-defence firearm or an additional licence, he or she can apply for a maximum of three firearms in this category.
  • The barrel, frame or receiver of a firearm that is kept separately from the firearm must also be licensed and will be added to the total number of firearms owned.
  • The licence is valid for ten years
  • Occasional hunters and occasional sports persons are not allowed to possess more than 200 rounds of ammunition per firearm.

Dedicated Hunters and Dedicated Sports Persons

• An applicant must be a member of an accredited hunting association or an accredited sports-shooting organization.
• An applicant must undergo all the training and tests prescribed in the Act.
• The accredited association or organisation will register him or her as a dedicated hunter or dedicated sports person.
• In terms of the Act, there is no restriction on the maximum number of firearms that may be licensed, but an applicant must produce evidence of the need for every firearm that he or she wants to have licensed.
• A record is kept of the activities of members of hunting associations and sports-shooting organizations, and these associations/organizations must report on their activities annually to the Registrar.
• Dedicated hunters and dedicated sports persons are permitted to possess more than 200 rounds of ammunition.
• Licences are valid for ten years, provided that the owner of the firearms and ammunition is affiliated with one of the mentioned associations and fulfills the requirements set for dedicated hunters or sports persons.

Licences for Business-related Purposes

• Firearms may be licensed for certain business-related purposes. Owners of game farms, security companies, professional hunters and other accredited businesses (including farms) may apply to have firearms licensed for business-related purposes.
• Other licences or permits that may be issued include licences for collecting firearms and permits for collecting ammunition. Anyone who collects firearms or ammunition must be a member of an accredited collectors' association. The collectors' associations must determine, in accordance with the regulations, if firearms and ammunition that are collected meet the requirements that apply to the collecting of firearms or ammunition. There are different categories of collections and those interested can approach collectors' associations for more information.

Is an Airgun a Firearm?

• Airguns with a calibre of 5.6 mm (.22 calibre) and higher are still regarded as firearms and must, therefore, be licensed.
• Antique firearms (any muzzle loading firearms manufactured before 1 January 1900 or any replicas of such firearms), paintball guns, deactivated firearms and firearms that are used to tranquilize animals are not classified as firearms for licensing purposes.
• Airguns with a calibre of less than 5.6 mm (.22) do not have to be licensed.

Warning

• Owners of airguns and antique firearms must take note that although these firearms no longer have to be licensed, the Act provides for various offences that can be committed with these firearms.
• Owners of the mentioned firearms can still be prosecuted if they use the firearms to commit crimes, to point such firearms at any other person without good reason to do so, to discharge such firearms in a built-up area or any public place without good reason to do so, to fire shots at another person, to injure another person, to damage property, to abuse animals, or handle any of these firearms while they are under the influence of alcohol or drugs.
• The South African Police Service will investigate all cases of this nature. Offenders who are found guilty may be declared unfit to own a firearm.
• Parents have a duty to ensure that their children use airguns responsibly

Is the Ammunition in my Possession Legal?

• If you have a firearm licence that was issued in terms of the Arms and Ammunition Act, 1969 (Act No 75 of 1969) the restriction on the number of rounds of ammunition as set out in the Firearms Control Act, 2000 does not apply.
• As soon as the particular licence is renewed in terms of the Firearms Control Act, 2000, the limit of 200 rounds of ammunition will become applicable.
• The limit of 200 rounds of ammunition and 2 400 primers per firearm does not apply to dedicated sports persons and dedicated hunters, as they are permitted to have more ammunition and primers in their possession.

When should I Renew my Firearm Licence?

In terms of the Firearms Control Act, 2000, all existing firearm licences must be renewed. The renewal period is connected to the month in which a person was born. The renewal periods are as follows:

What does the Renewal Process Involve?

• If you are a legal firearm owner, you must first pass the prescribed training test at an accredited training institution and obtain a training proficiency certificate.
• You must go to the Designated Firearms Officer at the police station closest to your ordinary residential address and apply for a competency certificate.
• When you apply for a competency certificate, you must also apply for the renewal of your firearm licence at the same time to obtain a corresponding licence in terms of the Act. You must motivate your application by stating for which purpose the firearm will be used in full.
• A complete set of your fingerprints will be taken by the South African Police Service. Two (2) recent colour passport photographs must accompany your application.
• Payment must be made by means of a bank-guaranteed cheque or cash for:
  • a competency certificate: R70,00;
  • and each firearm licence: R70,00.
• The South African Police Service will conduct an inspection to determine whether your safe or walk-in safe meets the prescribed requirements.
• If your application is successful, the Designated Firearms Officers will issue the competency certificate and firearm licence to you.

What are the New Requirements with which a Person has to Comply if He or She wants to Apply for a New Firearm Licence?

• A person who applies for a firearm licence must be competent in handling the firearm(s) in question.
• He or she must first obtain the required training proficiency certificate, which must be issued by an accredited training institution.
• After obtaining the training proficiency certificate, an application for a competency certificate must be made to the relevant Designated Firearms Officer.
• This certificate must be renewed every five (5) years to ensure that the owner of the firearm is still capable of and competent to handle the firearm.
• The South African Police Service will consider the application for a competency certificate on the grounds of the following requirements of the Act:
  • The applicant's age (he or she must be 21 years or older).
  • Whether or not the applicant is a South African citizen.
  • Whether the applicant has a criminal record. Close attention will be paid to crimes committed under the Domestic Violence Act, 1998 (Act No 116 of 1998), alcohol and drug abuse, and other social crimes.
  • The applicant's mental health and background, to determine whether he or she displays any deviant behaviour and whether he or she is inclined towards violence.
• In this regard, interviews will be conducted with three people who know the applicant.
• A licence can be revoked or denied if a person commits a violent crime or even just threatens to commit such a crime.
• After a competency certificate has been obtained, the person may apply for a firearm licence.

NB: No person may have a firearm in his or her possession before receiving the firearm licence.

Payment of Fees

• All fees are payable at the Financial Office of the police station as indicated by the relevant Designated Firearms Officer, and a receipt will be issued.
• Payment can be made in cash or by means of a bank-guaranteed cheque.
• Designated Firearms Officers are not allowed to receive any payable fees.

The following amounts are payable:

Safekeeping of Firearms

• Firearm owners must see to it that their firearms are kept safely at all times.
• A firearm must always be under your direct control or must be locked away in a firearm safe.
• This means that a firearm must be kept in a safe at all times when it is not carried on your body.
• The minimum requirements with which firearm safes must comply can be obtained from the SABS or the relevant Designated Firearms Officer.
• Persons whose firearms are lost or stolen because of their negligence will be criminally charged, and can be declared unfit to possess a firearm

Safekeeping of Another Person's Firearm

• Only a person who already has a firearm licence may hold another person's firearm in safekeeping.
• He or she must have written permission from the person in possession of a licence, permit or authorization for the specific firearm.
• An SAPS 539 form must be completed and be endorsed by the Designated Firearms Officer concerned
• The firearm must be kept in a prescribed safe at the place that is stated in the applicable form
• Only the owner of the firearm may transport the firearm to and from the place where it is held in safekeeping. The person who is safekeeping the firearm may not use it.

Change of Address

• Notice of any change in the residential and/or postal address must be indicated on the SAPS 521(b) form, which can be obtained from the Designated Firearms Officer.
• Any such changes must be handed in at the Designated Firearms Officer within 30 days of the change in address.
• The Designated Firearms Officer will then determine if all the requirements for the safekeeping of firearms are complied with at the new address.

Carrying a Firearm in Public

• A handgun must be carried in a holster, or similar holster designed for the carrying of a handgun which is attached to a person, and the person who carries the firearm must be able to exercise effective control over it. A handgun that is carried in public must be completely covered at all times. A rifle must be carried in a rifle bag.

Where can I get Answers to other questions?

SAPS Firearm Control Register call centre:
Tel (012) 353 6111
Fax (012) 353 6036

Poslec SASSETA web site: www.poslecseta.org.za