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South African Legislation Update
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September 2006:
Firearms Control Act - Amended: (Copy of Bill below).
The Firearms
Control Amendment Bill was approved by the National Assembly on Tuesday 5th
September 2006. Detailed feedback
is being prepared for inclusion in the next Journal, which will be published
shortly, but some of the more important points include the following – General Issues ·
Despite vigorous
debate, the re-licencing process remains in place, albeit with some
streamlining in terms of the reduced role of SASSETA (which will no longer be
required for individual Competency Certificates), and the latitude granted to
the Registrar to accept an existing set of fingerprints. ·
This means that
Members MUST proceed with the Classification and Categorisation process
without delay, especially those whose birthdays fall in the April to June
time-frame. ·
Muzzle Loaders have
been defined, and exclude Cap and Ball Revolvers. Competency
Certificates (but not licences) will be required for Muzzle Loaders, but Cap
and Ball Revolvers will need to be licenced. Collector Issues ·
The respective
roles of the South African Heritage Resources Agency (SAHRA), and the
Accredited Collector Associations have been successfully sorted out, and
additional criteria for the collection of firearms have been approved in line
with international norms. These include elements such as Rarity,
Commemorative, Thematic and Investment value, which will place our processes
on an even sounder basis, and simplify the classification of Members and their
collections. ·
Collectors’
ammunition has been more precisely defined to include dimensions, make, mark,
model or type, which will enable us to proceed with the processing and issue
of Ammunition Collector’s Permits with the SAPS. ·
Many other
ambiguities affecting Collectors have been resolved, and Members are urged to
study the forthcoming article and the Amendment Bill closely. Any questions should be addressed to the SAAACA office, and we will attempt to answer them either by e-mail, or via the Journal, or both.
Download Amended Bill as passed (PDF) Download Final Amendments as present to Portfolio Comittee |
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Response from Dir. Pikkie Van Vuuren to SAAACA Gauteng as to why the need
for amendments to the current FCA, in particular, to the provisions relating
to Private Collectors: (March 2006)
From:
Petrus jansen van vuuren [pikkie1@webmail.co.za] |
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Johannesburg, 3rd March 2006 Dear Member, By now you will have all perused the proposed
amendments to the FCA, and I am sure we all have very mixed feelings about
them. (The amendments include a number of issues which
require clarification and/or definition, which we have expanded on further
below, and we should be careful of attaching individual interpretations to
the various issues in the absence of such clarification). On a positive note, the proposed mechanisms to
relieve the administrative nightmare associated with re-licencing must be
welcomed, and I believe we should assess ways and means of making this as
streamlined and workable as possible. We can probably be encouraged that
what we had advocated from the beginning (i.e. an Audit of existing firearms
/ owners, rather than re-licencing), now seems to be the accepted way to go. The other proposed amendments are more troublesome,
but I would suggest we apply our minds as to what has precipitated this,
and come up with ways of addressing the 'problem', whether real or
perceptual, rather than jump in and react to the wording of the
amendments per se. It is clear from the pronouncements of the Minister
for Safety & Security towards the end of last year, that some discomfort
regarding Collectors has arisen somewhere in our Stakeholder group, leading
to statements such as Collectors exploiting loopholes in the Act, and that
Collector's items should be de-activated etc . We have attempted to address this through the
Minister's consultation process, and continue to do so. It is therefore encouraging to note that the
previous debate around the 'de-activation' of collector's firearms has
subsided, but as we see, it has been replaced by the concept of
'inoperability '. At this stage we do not know what this means, other
than it is seen to be a way of increasing the security / safety around the
firearm without damaging the firearm or affecting its value , and it
remains licencable. Whether this is feasible, or even necessary, and
whether it should apply to all firearms or only some of them (e.g. those on
publicly accessible display), is what we will have to wrestle through over
the next couple of weeks. It would appear there is also some confusion around
the fact that Collectors actually use their firearms in many instances, be it
for period shoots, re-enactments, casual hunting or sports shooting, and this
will also have to be addressed. In the absence of any evidence to the contrary
we are therefore obviously opposed to any infringement of existing rights
which we may have under the Act, and which in our opinion we have strictly
observed. Our efforts will therefore be focussed on gaining an understanding
of what has precipitated these proposed amendments, and to come up with ways
and means of addressing those concerns (where valid) in a mutually acceptable
way. We will be forwarding our views to the SAPS through
the Collector's umbrella organisation (NAACCSA), and I would invite you all
to send us any suggestions or observations which you believe will assist in taking
this matter forward. Kind Regards, Carvel Webb, ( for SAAACA ExCo) |
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RENEWAL
OF FIREARM LICENCES - MEDIA STATEMENT Pretoria 23 December 2004
In terms of Firearms Control Act 60 of 2000, all persons who are in possession of firearm licences are expected to renew their licences. The following renewal period is applicable to a person who possess a firearm licence .
BIRTHDAY 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
However it should be emphasised that the following requirements will apply when a person renew her/his firearm licence: * The firearm owner must first pass the prescribed training test at an accredited training institution and obtain the necessary training certificate. * The firearm owner must approach the Designated Firearm Officer (DO) at the police station closest to his/her residential address and simultaneously apply for a competency certificate and the renewal of the firearm licence(s). In order to apply for a competency certificate and to renew the firearm licence(s) , application forms (SAPS 517) and (SAPS 518(a) ) which will be provided by the Designated Firearms Officer must be completed . * The firearm owners must ensure that they do have the following documentation when applying for the competency certificate and renewal of the firearm licence(s) : - four recent color passport size photographs - two certified copies of the official identity document on which the applicant's photo and particulars are reflected - one certified copy of the relevant training certificate - a concise motivation in which the applicant indicates the reason(s) why she/he requires the firearm for the category applied for. * A set of fingerprints will be taken by the Designated Firearms Officer * Payment must be made by means of a bank guaranteed cheque or cash at the Police Station for: - a competency certificate : R70.00 - each firearm licence : R70.00 * An acknowledgement of receipt will be issued by the Designated Firearms Officer as proof of application for competency certificates as well as renewal of firearm licence(s) submitted to the South African Police Service * The South African Police Service will conduct a background evaluation to assess the fitness of the applicant and also conduct inspection to determine whether the safe or strong room meets the prescribed requirements. Existing safes or strong rooms which comply with the requirements of the previous legislation will be regarded as sufficient for the renewal of firearm licence(s). The Designated Firearms Officer's will provide applicants with a safe certificate as proof that the safe complies with the set requirements. * Applicants do not have to bring along their firearm(s) to the police station when they apply for the renewal of their firearm licences Members of the community may access more information on the subject through the SAPS website - www.saps.gov.za or call the SAPS Firearms Control Centre at telephone number 012353 6111 and fax 012 353 6036. Enquiries : Director Phuti Setati Media Relations: Communication and Liaison Services: South African Police Service Contact numbers : 012 393 5490/1 082 808 4535 012 393 5525 (f) mediarelations@saps.org.za |
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The following
notice was gazetted on the 26/11 and copied from SAPS web-site: Amnesty of
Firearms MINISTRY FOR
SAFETY AND SECURITY MINISTERIE VAN VEILIGHEID EN SEKURITEIT No. 1359 26 November
2004 DECLARATION OF
AN AMNESTY IN TERMS OF SECTION 139 OF THE FIREARMS CONTROL ACT, 2000 (ACT NO. 60 OF
2000) By virtue of
the powers vested in me by section 139(1) of the Firearms Control Act, 2000 (Act
NO. 60 of 2000), I, Charles Nqakula, Minister for Safety and Security, hereby
declare an amnesty as defined in section 138 of the said Act. Under section
139(2)(b) of the Firearms Control Act, 2000, I determine the period during
which persons may apply for amnesty to commence on 1 January 2005 until 31
March 2005. Under section
139(2)(c) of the Firearms Control Act, 2000, I determine the conditions under
which amnesty be granted, to be as follows: (a) a written
application for amnesty by an applicant must be handed in at a police station
and the application must state the full names, identity number and
residential address of the applicant, as well as the type, caliber, make,
model and all marked serial numbers or other identification marks on the firearm
or particulars of the ammunition; (b) the
firearm or ammunition concerned must be surrendered by the applicant to a
member of the South African Police Service on duty at any police station and
such a member must issue a receipt in respect of such firearm or ammunition
to the applicant; and (c) the
applicant for amnesty must, when surrendering the firearm or ammunition,
notify the relevant Designated Firearms Officer in writing if he or she
intends to apply for a licence to possess the firearm or ammunition, as
contemplated in section 139(4) of the Firearms Control Act, 2000 and lodge
the application within 14 days from the date on which the firearm or
ammunition was surrendered (the relevant Designated Firearms Officer has the
meaning assigned to it in the Firearms Control Regulations, 2004, and
particulars of the nearest Designated Firearms Officer may be obtained from
any police station). I further
determine that the South African Police Service must act in accordance with
the provisions of Regulation 93(4)(a) of the Firearms Control Regulations,
2004, if an application contemplated in paragraph (c) is not duly lodged or
not lodged within the specified period and test all firearms surrendered in
terms of this amnesty ballistically. C NQAKULA
Minister for Safety and Security |
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Renewal Dates: Date of birth Renewal period: |
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The
Pretoria High Court today dismissed our application for an urgent
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JOINT
PRESS RELEASE - 25 JUNE 2004
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28th May 2004
FIREARMS
CONTROL ACT 60 OF 2000
Date of commencement of all remaining
sections: 1 July 2004 (Proc 28 in GG
26374 of 28 May 2004) Government Gazette 26374, dated 28 May 2004, has been signed by
President Mbeki and states: |
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May 2004 Update from the National Arms and Ammunition Collector’s Confederation of South Africa (Naaccsa) With the introduction of the Firearms Control Act of 2000 (FCA) , and the promulgation of the associated Regulations in March 2004 , the Firearms Governance “Landscape” within which Bona Fide Collectors are to pursue their Collecting interests and activities in future, has significantly shifted . The whole FCA is premised around the idea of “effective Control and Management of Firearms” , which includes significant restrictions on private firearm ownership . As is the case with similar legislative exercises around the world , the attempt to limit the illegal possession of firearms unfortunately tends to impact on the rights of law abiding legal gun owners as well . While Naaccsa supports the efforts of the likes of SAGA to protect legitimate private firearm owner’s rights , its primary mandate and purpose is to ensure the survival and development of bona fide firearm collecting in South Africa , given , we believe, that collectible firearms are an essential and valuable part of any Nation’s Heritage, including ours, and must be preserved . In this regard , initially through the strenuous efforts of the various Collector Bodies , and subsequently through Naaccsa , the role of bona fide Collectors and Collecting has been recognized and incorporated firstly into the FCA, and subsequently into the final Regulations published in March 2004 , albeit within the constraints of a more rigorous framework regarding the definition , approval, and recordal of a Collector’s specific Field of Interest and Themes, and his knowledge and expertise in that area . However
this does not absolve Collectors from the task of demonstrating on an ongoing
basis that we are able to fulfill the requirements of the FCA in terms of
responsible firearm ownership, and particularly so in the case of large
collections, or the collecting of restricted and prohibited firearms . After a “quiet period” of some months , revised regulations were finally published at the end of last year , and interested stakeholders were given a month ( over Christmas) to develop and submit input on the revised regulations , which had to be in by the 5th of January . In approaching this exercise, Naaccsa’s view (supported by legal opinion) was that in legislation terms , the FCA is a “given” at this point in time, and that efforts should therefore focus on making the relevant parts of the Regulations “workable” as far as possible in terms of Naaccsa’s mandate i.e. the protection of legitimate private and institutional collecting activities and interests , and the preservation of South Africa’s firearm related heritage . Naaccsa’s submission , as well as meetings held with various stakeholders to clarify contents of the submission as they arose , was thus focussed on the development of appropriate wording in the Regulations which would in our view, more accurately reflect the intent and content of what we had originally envisaged in our discussions with CFR earlier on in 2002/2003 . May I however stress
that with regard to this process , neither the National Arms and Ammunition
Confederation of South Africa , nor any of its members has any
“understanding” or “agreement” with Government , either implicit or explicit
, other than what stands in law or is contained in Naaccsa’s Constitution . My thanks go to my fellow Naaccsa ExCo members , and those members from SAAACA, PAAA, Lowveld Hunters, Cartridge Collectors, and Museum Associations who sacrificed some 300 man hours of private time over the vacation period to attend meetings and discussions, and finalise the preparation of Naaccsa’s submission . This pragmatic approach was successful, and most of Naaccsa’s representations were accepted, and the Regulations refined accordingly. Issues addressed included :
Courtesy of the Collector’s representations , many of the above issues had positive spin offs for ordinary firearm owners, hunters, sports shooters, and dealers as well . With the Regulations being finalised and published at the end of March , the focus has moved to facilitating the long term Membership requirements of Naaccsa, the Accreditation of Member organisations with SAPS, and the preparation of guidelines for its members to address the requirements of the Act e.g.
We have no illusions that the next few month’s will be challenging , and will continue to require a lot of time and dedication from all Naaccsa members to ensure that what we have committed to as a Confederation is carried through in practice viz. §
To promote the
collection, study, restoration, preservation and responsible recreational use
of collectible arms and ammunition through the facilitation of sound
relationships with all Stakeholders . §
To promote the
collecting, study, restoration and preservation of related artifacts
Carvel Webb Naaccsa Chairman |
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29th March 2004 SAFES AND STRONG ROOMS AND THE FIREARMS
CONTROL ACT Regulation 86 of the Firearms Control
Regulations details the requirements for safes and the safe custody of
firearms and ammunition. The basic
requirement for private owners is: 86(1) "When a firearm is not under the
direct personal and physical control of a holder of a licence, authorisation
or permit to possess the firearm, the firearm and its ammunition must be
stored in a safe or strongroom that conforms to the prescripts of SABS
Standard 953-1 and 953-2, unless otherwise specifically provided in these
regulations." Note that
ammunition is specifically included in this requirement. SABS
953-1, "Storage of firearms and ammunition, Part 1: Safes" and SABS
953-2, "Storage of firearms and ammunition, Part 2: Strongrooms"
are published separately and are available from the SABS in Pretoria. I recommend that collectors obtain a copy
of whichever part is of interest to them, and particularly so if the
construction of a strongroom is contemplated. What
follows is a brief outline of the main features of the two standards for guidance: SAFES The
requirements are more stringent than those previously required in the
regulations issued under the Arms and Ammunition Act (See below). 953-1
divides safes into two types, Type A and Type B. Type A are specified in terms of their resistance to attack by
hand tools, and Type B by the thickness of the steel used for walls and
door. Type A are more secure than
Type B. Both types are sub-divided
into several different safes, as follows: A1 - intended for use by
collectors and private individuals for the storage of up to 20 firearms and
their ammunition. A2 - intended for use by
collectors and dealers for the storage of firearms and their ammunition. B1 - intended for the storage
of up to 4 handguns and their ammunition. B2 - intended for the storage
of up to 10 firearms and their ammunition. B3 -a lighter safe intended for
the temporary storage of firearms and ammunition in motor vehicles and
caravans. All
these safes shall have at least one lock, which may be a key lock of at least
6 levers or a combination lock of at least 3 wheels or an electronic
lock. All safes of net mass less than
300 kg must be bolted down to floor or wall, or preferably both. Type
A. The A2 is a more secure safe than is the A1,
and must meet Category 2 of SABS 751, "Burglar-resistant
safes". As such the door must be
of at least 20 mm thickness. No
thickness is specified for A1, nor for the walls of either, being up to the
manufacturer to decide in meeting the specified resistance to attack times. Type
B. Wall thickness of floor, roof and sides
must be at least 2,8 mm (nominal 3 mm) and of door 5,75 mm (nominal 6 mm),
but may be thicker. STRONGROOMS The
requirements are more stringent for the door and less stringent
for the walls, etc, than those previously required in the regulations issued
under the Arms and Ammunition Act (See below). 953-2
specifies two categories of strongroom: BC - in which the walls are
constructed of brick outer and inner skins reinforced with a concrete
core. (Not as simple to construct as
might be thought) RC - in which the walls are
constructed entirely of reinforced concrete. The RC
is considerably more secure that is the BC because thicker concrete and
larger diameter reinforcing is specified for the walls. Both types must have a door meeting
Category 2 of SABS 949 "Strongroom and vault doors". Given the "all eggs in one
basket" nature of a strongroom, I strongly recommend that collectors pay
the small extra premium for a category 2 ADM (Anti-disk cutter material)
door. EXISTING
SAFES AND STRONGROOMS As
noted above, the new safe specification is more stringent than that which
previously applied; the same applies to the door of a strongroom. The applicable earlier specification was
published in Government Gazette No 15652 dated 22 April 1994. This called up a 2 mm body and 3 mm door
for a safe, and 300 mm reinforced concrete body and 6 mm door for a
strongroom. New
regulation 86(8) says: "An
existing safe, strongroom, device, apparatus or instrument for the safe
custody of firearms, which complies with the regulations under the previous
Act, will be deemed to comply with the standards set out in SABS Standard
953-1 and 953-2 for all purposes of this Act, if the Registrar issues a certificate
to this effect". Quite
how this will be applied remains to be seen, but it offers the opportunity of
regularising the continued use of existing safes and strongrooms. SHARED
USE OF SAFE OR STRONGROOM 86(11)(b) " Any person who may lawfully possess
a firearm or ammunition shall store these in a prescribed safe or strongroom,
to which he or she shall have at all time exclusive access or his or her
presence and co-operation shall be a necessary prerequisite for access to the
relevant firearm and ammunition unless- (i) the storage is undertaken by the holder of
a dealer’s of gunsmith’s licence in which case the dealer or the dealer’s
personnel with valid competency certificates, or the gunsmith may have access
to the safe or strongroom; or (ii) the firearm is temporarily stored in a safe
or strongroom that conforms to the prescripts of SABS Standard 953-1 and
953-2 or a lock-away safe, device, apparatus or instrument for the safe
custody of a firearm that conforms to the prescripts of sub regulation (12),
that is under the control of a holder of a licence, authorisation or permit
issued in terms of this Act, the person storing the firearm must in writing
notify the Designated Firearm Officer in whose area the firearm is
temporarily stored." This
(I believe unreasonable) clause creates problems for husbands and wives who
both own firearms and currently share a safe or strongroom. One solution might be to have a two lock
arrangement. OTHER
REGULATION REQUIREMENTS The
above does not cover all the requirements of the new rules, and collectors
should ensure that they obtain and study the complete regulations. Peter
Smith 29th
March 2004 012 669 0432
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18
February 2004 |
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Statement
Regarding the Implementation of the Firearms Control Act (Verbatim): -----Original Message----- |
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Dear
Member, Clarification
re: Article in Rapport - Sunday 25th January Our
understanding of the situation is as follows : It is
the Parliamentary Potfolio Committee's stated intention to promulgate the new
Firearms Control Act and it's Regulations on, or around, 01 March 2004. In terms
of this legislation (and Regulation) all firearms will need to be re-licenced
over a period of 5 years thereafter - probably starting with those people
whose surnames start with 'A' and working through the alphabet (similar to
the situation we had with Driver's Licences). It is
difficult to imagine how this can be accomplished in this time-frame due to
the licencing requirments called for by the Act (proficiency testing,
competency certificates, interviews, etc.etc.) and the backlog of licence
applications already existing in the CFR. We will
endeavour to keep you informed as these next steps roll out but it is
imperative that you, as an individual, stay properly informed. The
media is NOT a good source for correct information on these matters due to
the dangers of mis-quotes and mis-information, etc. It is, therefore,
imperative that every firearm owner, in particular we collectors,
intelligently read and keep copies of the Act and the Regulations as they are
finalised - both are available on the SAPS (www.saps.gov.org.za) and SAGA (www.saga.org.za) web-sites - to hand and
study the circulars issued by the better informed and responsible sources. SAAACA
cannot continue to handle the considerable volume of queries from our members
about issues which are clearly spelt out in the Act (and Draft regulations)
and are, or have been, the subject of public and closed meetings and our
circulars to all our members. If, after studying the legislation and
reading our circulars, there are still issues requiring clarification, then
please forward these (preferably by e-mail) to Jenny who will endeavour to
obtain answers or opinions. Thank
you Colin
Amm Chairman |
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'Final' Draft
Regulations - Firearms Control Act On the 26th November,
2003, the 'final' set of Draft Regulations to the FCA where published for
public comment, this being the final opportunity granted for the Public and
other stakeholders to comment on the Regulations. Comment has to have been submitted
by no later than the 5th of January 2004, with the publication date of the
finalised Regulations being the 1st of March 2004. A copy of the Draft and
associated Forms may be obtained from the South African Police Services Web
Site: http://www.saps.gov.za/projects/projfire/index.htm > Downloads. As this is the final
opportunity to comment on or make input to these Regulations, Members are
encouraged to make their own submissions in addition to that of SAAACA
Gauteng. |
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The Firearms Control Act as it relates to Firearm
Collectors
(includes Deregulation Notice for
Air Guns) Background
Under the Arms and
Ammunition Act of 1969 (and it’s various amendments and Regulations) hunters,
sports-persons and firearm collectors could apply to the SAPS Central Firearm
Registry (CFR) for ‘bona fide’ status. Provided certain criteria were met
this would be granted and thereafter firearms could be acquired and licensed
(provided sufficient ‘need’ could be demonstrated) for that purpose.
Collectors who were thus certified by the CFR as bona-fide collectors were
thereafter exempt from the unofficial numerical limits placed on the number
of firearms that the ‘man in the street’ could licence and posses. This
system generally worked well but there were some grey areas about ‘who’ could
collect ‘what’, specifically in the area of military firearms. There was also
a lot of confusion surrounding ‘de-activated’ firearms such as are frequently
used as part of the décor in restaurants etc. During 1999 the SA Government (partly as a result of prodding
by the UN and partly through internal pressure) announced that they were
going to introduce new firearms legislation. This started a long and painful
process which has culminated in the Firearms Control Act (Act no. 60) of 2000
of which only parts have been promulgated at this time. The de-regulation of airguns
(except No2 or .22 caliber pellet guns) happened in Jan 2002 and more
recently the portions of the Act and Regulations that deal with
‘accreditations’ were promulgated on 1st July 2003. Regional SAPS
‘Designated Firearms Officers’ (DFOs) who are responsible for local control
of firearms (and alcohol) have been trained and assigned. All firearms owners
in South Africa are therefore entering a period of transition and some of the
steps and processes involved are unclear to everyone, including the SAPS, at
this stage. The stated plan is for all accreditations (of all firearms
related bodies, associations, ranges, businesses and trainers etc.) to take
place during the period July through October 2003 and the remaining portions
of the Act (and relevant Regulations which have to be finalised by then) to
be promulgated on 30 October 2003. Collecting under the New Act
For collectors there is
some good news, some bad news and some new concepts that we will just have to
get used to! These include: ·
Certification in a particular category ·
Regular re-licensing of firearms ·
Regulation of certain firearm ‘parts’ ·
De-regulation of certain items ·
Certificates of competency ·
De-activation of firearms ·
Limits on quantities of cartridges that may be possessed. Some of these concepts
cannot be handled by the existing computer system which comprises the
Firearms Register so their introduction will be dependant on interim
solutions until such time as a new system (currently out for public tender)
is developed and implemented. The Act (and Regulations)
caters for various types of collector, namely ‘Museum’, ‘Public Collector’
and ‘Private Collector’ each designed to cater for differing needs and also
requiring different criteria from the CFR’s point of view. By the far the
most common type is, and will continue to be, the Private Collector (the
individual who collects as a hobby) so let’s concentrate on what can be
expected by, and of, such an individual. For a private collector to
pursue his or her hobby they will require to be certified by CFR as a
collector in a particular category, being: ·
Category ‘A’ - able to licence only ‘ordinary’ firearms ie. all firearms
except ‘Restricted’ and ‘Prohibited’ arms ·
Category ‘B’ - able to licence all firearms except ‘Prohibited’ arms
and ·
Category ‘C’ - able to licence all firearms NB. Refer to Sections 14 (1) and 4 of the Act to see in detail
what constitutes a ‘Restricted’ firearm (generally a self-loading rifle or
shotgun) or a ‘Prohibited’ firearm (mainly certain types of military
weapons). This entire process is
relatively unclear at this stage but it is apparent that the individual will
need to satisfy their DFO (and thereby the CFR) that they are a ‘suitable’
person (not disqualified due to criminal record, abuse of drugs or alcohol,
being declared incompetent, etc. etc.), have the necessary safe-keeping and
security arrangements, are a current member of a CFR accredited collector
association or body and are recognised by that body as a category A, B or C
collector. Such bodies, for example the Southern Africa Arms and Ammunition
Collectors Association (SAAACA) and the Pretoria Arms and Ammunition
Association (PAAA), already exist but they will also need to be accredited
with the CFR – a process which is currently under way and requires them, in
turn, to be a member of a national or international collector body. Regular re-licensing of firearms
is one of the corner-stones of the Act and licences will therefore be valid
for a defined period (eg. 5 years for firearms licensed for self-defence, 10
years for dedicated hunters and sports-persons) from the date of issue. This
process will start with the initial re-licensing of all firearms on a
staggered basis, probably based on the licensee’s birth month, over the next
5 years or so. Due to the relatively large number of firearms that are often
held in a collection, licenses issued for this purpose will not have a
termination date but collectors will, however, be required to undergo a
re-licensing/audit process (as yet undefined - as is the cost thereof) every
10 years. The ‘powers that be’ are
concerned that the lack of control over certain firearm parts contributes to
the level of crime in our country and therefore the Act also defines any
“barrel, frame or receiver” as a firearm. This means that, henceforth, frames
and receivers will also have to be licensed. This will have limited implications
for some collectors but quite huge implications for some dealers and
gunsmiths. The processes surrounding this new concept are still to be
defined. From the date that the
remainder of the Act and Regulations are promulgated (envisaged as 30 October
2003) certain classes of devices, listed in Sec 5 of the Act, but including
‘Antique Firearms’ (defined in the Act as “any muzzle loading firearm
manufactured before 1 January 1900, or any replica of such a firearm) and
‘Flare Guns’ will cease to be regarded as firearms for the purposes of the
Act and may therefore be possessed (and traded or displayed) without
hindrance. Discussions with CFR have indicated that they also consider
percussion or ‘cap and ball’ revolvers as muzzle loaders The process for cancelling
existing licences for these items is still to be defined. All civilian firearms
users (including firearms dealers, security guards, gunsmiths, etc.) will be required to provide proof of
‘competency’ at various times. For the private individual, this will be at
the time of applying, or re-applying, for a licence and will entail being
trained (at a cost) and tested on various aspects of firearm ownership
including knowledge of the Act, safety aspects and the relevant firearm
itself. It is envisaged that a competency certificate will only be valid for
a limited period (probably 2 years) so the active collector will have to keep
himself/herself in a constant state of ‘competency’ to pursue his or her
hobby. As previously mentioned
there has always been a grey area surrounding de-activated firearms largely
because there has never been official recognition of these items in the form
of a definition, specification or process for de-activating a firearm.
Several specifications were drawn up at various times but their legal
standing was never tested. For the first time the Act and draft Regulations
handle this subject, both by including them in Sec 5 of the Act and also by
including a detailed specification and process for de-activating firearms in
the latest draft Regulations. Another corner-stone of
the Act is the desire to control the quantities of ammunition held by firearm
owners and thereby, supposedly, limit the availability of ammunition to the
criminal element. The general limit will be 200 cartridges (cartridges are
defined in the Act as “a complete object consisting of a cartridge case,
primer, propellant and bullet”) per licensed firearm with exemption from this
limit being granted to dedicated hunters and sport-persons. An extension to
this limit is possible, upon application, for other persons (including
cartridge collectors) who may feel that this is unacceptably and unreasonably
restrictive. As can be seen from the
above there are a number of aspects, which still require clarification and will
hopefully be dealt with in detail in the remaining Regulations. The old
truism, “the devil is in the detail”, is particularly apt at this stage –
only time will tell if this Act is workable and if it will have any positive
effect on the unacceptably high level of crime in our country. |
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Courtesy:
Peter Wells September 2003 |
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Notice:
Increase in Application Fees and de-regulation of certain Firearms |
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(As extracted from the Government Gazette) |
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GOVERNMENT GAZETTE |
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GOVERNMENT NOTICES Method
of payment Application for a licence in terms of
section 3 Application for a licence after a person
has been declared as a category person in terms of section 43 Application for a copy of the licence in
terms of section 6 Application to deal only in arms or
ammunition in terms of section 18 (2) Application for a dealer's licence in
terms of section 19 Application for a temporary licence to
deal in arms and ammunition and to exhibit in terms of section 19A Application for the transfer of dealer's
licence in terms of section 20 Application for a registration
certificate as a gunsmith Application for declaration as a category
person on terms of section 43 SCHEDULE |
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