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Firearms Control Act

| 14 March 2010 | 0 Comments

REPUBLIC OF SOUTH AFRICA

FIREARMS CONTROL ACT

No , 2000

ACT

To establish a comprehensive and an effective system of firearms control; and to

provide for matters connected therewith.

ARRANGEMENT OF ACT

PREAMBLE

Section

CHAPTER 1

INTRODUCTORY PROVISIONS

1. Definitions

2. Purpose of Act

CHAPTER 2

PROHIBITIONS

3. General prohibition in respect of firearms

4. Prohibited firearms

CHAPTER 3

SPECIAL PROVISIONS IN RESPECT OF CERTAIN DEVICES

5. Devices not firearms for purposes of this Act

CHAPTER 4

COMPETENCYCERTIFICATES, LICENCES, PERMITS,AUTHORISATIONS

AND ACCREDITATIONS

6. Competency certificates, licences, permits or authorisations

7. Applications by persons other than natural persons

8. Accreditation

CHAPTER 5

COMPETENCY CERTIFICATES

9. Application for competency certificate

10. Competency certificate

CHAPTER 6

LICENCE TO POSSESS FIREARM

11. Separate licence in respect of each firearm

12. Additional licences

13. Licence to possess firearm for self-defence

14. Licence to possess restricted firearm for self-defence

15. Licence to possess firearm for occasional hunting and sports-shooting

16. Licence to possess firearm for dedicated hunting and dedicated sports-shooting

17. Licence to possess firearm in private collection

18. Permit to possess ammunition in private collection

19. Licence to possess firearm, and permit to possess ammunition, in public

collection

20. Licence to possess firearm for business purposes

21. Temporary authorisation to possess firearm

22. Holder of licence may allow another person to use firearm

23. Identification marks on firearms

24. Renewal of firearm licences

25. Notification of change of address

26. Notification of change of circumstances

27. Period of validity of licence or permit

28. Termination of firearm licence

29. Defaced, lost or stolen licences, permits and authorisations

30. Central firearms database

CHAPTER 7

LICENCES ISSUED TO PARTICULAR CATEGORIES OF PERSONS —

DEALERS, MANUFACTURERS AND GUNSMITHS

PART 1—DEALERS

31. Prohibition of unlicensed trading in firearms or ammunition

32. Requirements for dealer’s licence

33. Conditions imposed on dealer

34. Dealer’s licence

35. Renewal of dealer’s licence

36. Temporary authorisation to trade in firearms and ammunition on premises

other than those specified in dealer’s licence

37. Change of premises

38. Notification of change of circumstances

39. Duties of dealer

40. Establishment of centralised dealers database

41. Suspension of dealer’s licence

42. Termination of dealer’s licence

43. Application of other laws

44. Defaced, lost or stolen licences

PART 2—MANUFACTURERS

45. Prohibition of unlicensed manufacture of firearms and ammunition

46. Requirements for manufacturer’s licence

47. Conditions imposed on manufacturer

48. Manufacturer’s licence

49. Renewal of manufacturer’s licence

50. Temporary authorisation to display firearms and ammunition on premises other

than those specified in manufacturer’s licence

51. Change of premises

52. Notification of change of circumstances

53. Duties of manufacturer

54. Establishment of centralised manufacturers database

55. Suspension of manufacturer’s licence

56. Termination of manufacturer’s licence

57. Application of other laws

58. Defaced, lost or stolen licences

PART 3—GUNSMITHS

59. Prohibition of certain work

60. Requirement for gunsmith’s licence

61. Conditions imposed on gunsmith

62. Gunsmith’s licence

63. Renewal of gunsmith’s licence

64. Temporary authorisation to conduct business as gunsmith on premises other

than those specified in gunsmith’s licence

65. Change of premises

66. Notification of change of circumstances

67. Duties of gunsmith

68. Establishment of centralised gunsmiths database

69. Suspension of a gunsmith’s licence

70. Termination of gunsmith’s licence

71. Application of other laws

72. Defaced, lost or stolen licences

CHAPTER 8

IMPORT, EXPORT AND CARRIAGE IN-TRANSIT OF FIREARMS AND

AMMUNITION

73. Prohibition of import, export or carriage in-transit of firearms and ammunition

without permit

74. Requirements for import, export or in-transit permit

75. Conditions imposed on holder of permit

76. Import, export or in-transit permit

77. Permit constitutes licence to possess firearm or ammunition

78. Duties of holder of permit

79. Establishment of central importers and exporters database

80. Suspension of import, export and in-transit permits

81. Termination of import, export and in-transit permits

82. Defaced, lost or stolen permits

CHAPTER 9

STORAGE, TRANSPORT AND CARRYING OF FIREARMS AND

AMMUNITION

83. Storage and transport of firearms and ammunition

84. Carrying of firearm in public place

85. Firearm transporter’s permit

86. Conditions imposed on transporter of firearm

87. Duties of holder of permit

88. Cancellation of firearms transporter’s permit

89. Records to be kept

CHAPTER 10

CONTROL OF AMMUNITION AND FIREARM PARTS

90. Prohibition of possession of ammunition

91. Restrictions on possession of ammunition

92. Prohibitions and restrictions on use of certain ammunition

93. Loading or reloading of ammunition

94. Prohibition of possession of firearm parts

CHAPTER 11

EXEMPTIONS

95. Definitions

96. Exemptions

97. Conditions applicable to institution accredited by Registrar

98. Possession and use of firearms by Official Institutions

99. Register to be kept by Official Institution

100. Establishment of central Official Institution firearms database

101. Official Institution’s workstations

CHAPTER 12

DECLARATION OF PERSONS AS UNFIT TO POSSESS FIREARM

102. Declaration by Registrar of person as unfit to possess firearm

103. Declaration by court of person to be unfit to possess firearm

104. Effect of declaration of unfitness

105. Proof of declaration

CHAPTER 13

INSPECTIONS

106. Production of licences and firearms for inspection

107. Duty to comply with request of police official or authorised person

108. Request for information

109. Inspection of premises

CHAPTER 14

SEARCH AND SEIZURE

110. Chapter 2 of Criminal Procedure Act, 1977, to apply

111. Search and seizure in course of policing operations in terms of South African

Police Service Act, 1995

112. Exercise of powers set out in section 37 of Criminal Procedure Act, 1977

113. Bodyprints and bodily samples

114. Ballistic testing

115. Inspection, search and seizure for inquiry or investigation (with special

warrant)

116. Incidental discovery

CHAPTER 15

PRESUMPTIONS

117. Presumptions of possession of firearm or ammunition

118. Presumptions relating to failure to report

119. Presumption of failure to take reasonable steps

CHAPTER 16

OFFENCES, PENALTIES AND ADMINISTRATIVE FINES

120. Offences

121. Penalties

122. Administrative fines

CHAPTER 17

ORGANISATIONAL STRUCTURES

123. Registrar of Firearms

124. Functions of Registrar

125. Central Firearms Register

126. Certificate signed by Registrar to constitute prima facie evidence

127. Appointment and functions of Head of Office of Central Firearms Register

128. Establishment of Appeal Board

129. Conditions of service, remuneration and allowances of members of Appeal

Board

130. Quorum, meetings and procedure of Appeal Board

131. Administrative work of Appeal Board

132. Establishment of Ministerial Committees

CHAPTER 18

RIGHT OF APPEAL

133. Right of appeal

CHAPTER 19

COMPENSATION

134. Circumstances where no compensation is payable in respect of firearms and

ammunition forfeited to State

135. Circumstances where no compensation is payable in respect of firearms and

ammunition seized by State

136. No compensation payable where firearms or ammunition is destroyed by State

137. Application for compensation

CHAPTER 20

SPECIAL POWERS RELATING TO AMNESTIES AND

FIREARM-FREE ZONES

138. Definition

139. Amnesty

140. Firearm-free zones

CHAPTER 21

GENERAL PROVISIONS

141. Delegation of powers and assignment of duties

142. Designation as police officials

143. Service of documents

144. Return of service

145. Regulations

146. Disposal of firearms in case of ceasing to carry on business

147. Disposal of firearms in case of death

148. Inherited firearms

149. Compulsory destruction of firearms by State

150. Deactivation of firearms

151. Jurisdiction of magistrates’ court

152. Act binds State

153. Repeal of laws

154. Short title and commencement

SCHEDULE 1

TRANSITIONAL PROVISIONS

1. Existing licence to possess an arm

2. Existing dealer’s licences

3. Existing permit for importation or exportation of arms and ammunition

4. Existing permit for manufacture of arms and ammunition

5. Existing authorisations and certain existing permits

6. Person unfit to possess a firearm

7. Register in terms of previous Act to be kept by Registrar

8. Matters pending under previous Act

9. Investigations by Commissioner under previous Act

10. Consideration of validity of existing licence, permit and authorisation

11. Renewal of licence

SCHEDULE 2

CRIMES AND OFFENCES GIVING RISE TO UNFITNESS

ENQUIRY BY COURT

SCHEDULE 3

LAWS REPEALED

SCHEDULE 4

PENALTIES

PREAMBLE

WHEREAS every person has the right to life and the right to security of the person,

which includes, among other things, the right to be free from all forms of violence from

either public or private sources;

AND WHEREAS the adequate protection of such rights is fundamental to the

well-being and social and economic development of every person;

AND WHEREAS the increased availability and abuse of firearms and ammunition has

contributed significantly to the high levels of violent crime in our society;

AND WHEREAS the Constitution places a duty on the State to respect, protect,

promote and fulfil the rights in the Bill of Rights;

BE IT THEREFORE ENACTED by the Parliament of the Republic of South Africa,

as follows:—

CHAPTER 1

INTRODUCTORY PROVISIONS

Definitions

1. In this Act, unless the context indicates otherwise—

(i) ‘‘accredit’’ means accredit as contemplated in section 8;

(ii) ‘‘airgun’’ means any device manufactured to discharge a bullet or any other

projectile of a caliber of less than 5.6mm (.22 caliber), by means of

compressed gas and not by means of burning propellant;

(iii) ‘‘ammunition’’ means a primer or complete cartridge;

(iv) ‘‘antique firearm’’ means any muzzle loading firearm manufactured before

1 January 1900, or any replica of such a firearm;

(v) ‘‘Appeal Board’’ means the Appeal Board established by section 128;
(vi) ‘‘cartridge’’ means a complete object consisting of a cartridge case, primer,

propellant and bullet;

(vii) ‘‘competency certificate’’ means a competency certificate contemplated in

Chapter 5;

(viii) ‘‘dealer’’ means any person who is licensed in terms of this Act to trade in

firearms and ammunition;

(ix) ‘‘dedicated hunter’’ means a person who actively participates in hunting

activities and who is a member of an accredited hunting association;

(x) ‘‘dedicated sports person’’ means a person who actively participates in

sports-shooting and who is a member of an accredited sports-shooting

organisation;

(xi) ‘‘Designated Firearms Officer’’ means a police official contemplated in

section 124(2)(h);

(xii) ‘‘firearm’’ means any—

(a) device manufactured or designed to propel a bullet or projectile through

a barrel or cylinder by means of burning propellant, at a muzzle energy

exceeding 8 joules (6 ft-lbs);

(b) device manufactured or designed to discharge rim-fire, centre-fire or

pin-fire ammunition;

(c) device which is not at the time capable of discharging any bullet or

projectile, but which can be readily altered to be a firearm within the

meaning of paragraph (a) or (b);

(d) device manufactured to discharge a bullet or any other projectile of .22

calibre or higher at a muzzle energy of more than 8 joules (6 ft-lbs), by

means of compressed gas and not by means of burning propellant; or

(e) barrel, frame or receiver of a device referred to in paragraphs (a), (b), (c)

or (d),

but does not include any device contemplated in section 5;

(xiii) ‘‘fully automatic’’ means capable of discharging more than one shot with a

single depression of the trigger;

(xiv) ‘‘gunsmith’’ means any person who performs work contemplated in section

59, but who does not manufacture firearms;

(xv) ‘‘handgun’’ means a pistol or revolver which can be held in and discharged

with one hand;

(xvi) ‘‘imitation firearm’’ means anything that has the appearance of a firearm but

is not capable of operating as such and cannot by superficial examination be

identified as an imitation;

(xvii) ‘‘juristic person’’ includes a partnership and any other association of persons;

(xviii) ‘‘load’’ includes reload, and ‘‘loading’’ has a corresponding meaning;

(xix) ‘‘Minister’’ means the Minister of Safety and Security;

(xx) ‘‘National Commissioner’’ means the National Commissioner of the South

African Police Service, appointed in terms of section 207(1) of the

Constitution;

(xxi) ‘‘occasional hunter’’ means any person who, from time to time, participates

in hunting activities but who is not a member of an accredited hunting

association;

(xxii) ‘‘occasional sports person’’ means any person who, from time to time,

participates in sports-shooting but who is not a member of an accredited

sports-shooting organisation;

(xxiii) ‘‘police official’’ means—

(a) a member of the South African Police Service as defined in section 1 of

the South African Police Service Act, 1995 (Act No. 68 of 1995), and a

member of any municipal police service established in terms of that Act;

(b) a person designated by the Minister as a police official under section 142;

and

(c) a member of the South African National Defence Force deployed in

co-operation with the South African Police Service;

(xxiv) ‘‘prescribed’’ means prescribed by regulation;

(xxv) ‘‘previous Act’’ means the Arms and Ammunition Act, 1969 (Act No. 75 of

1969);

(xxvi) ‘‘private collector’’ means a person who collects firearms or ammunition,

who is a member of an accredited collector’s association and who is not a

public collector;

(xxvii) ‘‘public collector’’ means a person who collects firearms or ammunition for

display to the public and is accredited as such;

(xxviii) ‘‘Registrar’’ means the person referred to in section 123;

(xxix) ‘‘regulation’’ means a regulation made under section 145;

(xxx) ‘‘restricted firearm’’ means any firearm contemplated in section 14(1);

(xxxi) ‘‘security company’’ means a person who—

(a) renders a security service as defined in section 1 of the Security Officers

Act, 1987 (Act No. 92 of 1987); or

(b) is accredited as a provider of security services for its own business;

(xxxii) ‘‘security officer’’ means any person who is employed by a security

company;

(xxxiii) ‘‘semi-automatic’’ means self-loading but not capable of discharging more

than one shot with a single depression of the trigger;

(xxxiv) ‘‘this Act’’ includes any regulation;

(xxxv) ‘‘transfer’’ includes selling, letting, donating, lending or otherwise parting

with possession.

Purpose of Act

2. The purpose of this Act is to—

(a) enhance the constitutional rights to life and bodily integrity;

(b) 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;

(c) 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;

(d) establish a comprehensive and effective system of firearm control and

management; and

(e) ensure the efficient monitoring and enforcement of legislation pertaining to

the control of firearms.

CHAPTER 2

PROHIBITIONS

General prohibition in respect of firearms

3. No person may possess a firearm unless he or she holds a licence, permit or

authorisation issued in terms of this Act for that firearm.

Prohibited firearms

4. (1) The following firearms and devices are prohibited firearms and may not be

possessed or licensed in terms of this Act, except as provided for in sections 17, 18(5),

19 and 20(1)(b):

(a) Any fully automatic firearm;

(b) any gun, cannon, recoilless gun, mortar, light mortar or launcher manufactured

to fire a rocket, grenade, self-propelled grenade, bomb or explosive

device;

(c) any frame, body or barrel of such a fully automatic firearm, gun, cannon,

recoilless gun, mortar, light mortar or launcher;

(d) any projectile or rocket manufactured to be discharged from a cannon,

recoilless gun or mortar, or rocket launcher;

(e) any imitation of any device contemplated in paragraph (a), (b), (c), or (d);

(f) any firearm—

(i) the mechanism of which has been altered so as to enable the discharging

of more than one shot with a single depression of the trigger;

(ii) the calibre of which has been altered without the written permission of

the Registrar;

(iii) the barrel length of which has been altered without the written

permission of the Registrar;

(iv) the serial number or any other identifying mark of which has been

changed or removed without the written permission of the Registrar.

(2) For purposes of subsection (1)(f)(iii), the incidental alteration of the length of the

barrel of a firearm by a gunsmith in the ordinary course of gunsmith’s work which does

not have as an objective the alteration of the length of the barrel of that firearm must not

be regarded as an alteration as contemplated in that subsection.

(3) (a) The Minister may, by notice in the Gazette, declare any other firearm of a

specified type to be a prohibited firearm if it is—

(i) in the interest of public safety; or

(ii) desirable for the maintenance of law and order.

(b) A notice contemplated in paragraph (a) must be tabled in Parliament at least 14

days before publication thereof if Parliament is then sitting, and if Parliament is not

sitting, within seven days after the commencement of the next sitting.

(c) A notice contemplated in paragraph (a) is of full force and effect until withdrawn

by the Minister or by a resolution of Parliament.

CHAPTER 3

SPECIAL PROVISIONS IN RESPECT OF CERTAIN DEVICES

Devices not firearms for purposes of this Act

5. (1) For purposes of this Act, the following devices are not regarded as firearms:

(a) Any explosive powered tool manufactured specifically for use in industrial

application, including line-throwing guns and impex-type building pistols;

(b) any explosive powered tool manufactured to split rock or concrete by means

of discharging an explosive cartridge;

(c) any industrial tool manufactured for use in the mining and steel industry to

remove refractory material;

(d) any captive bolt gun manufactured for use in an abattoir in the humane killing

of animals;

(e) an antique firearm;

(f) an airgun;

(g) a tranquiliser firearm;

(h) a paintball gun;

(i) a flare gun;

(j) a deactivated firearm; and

(k) any other device which the Minister may, by notice in the Gazette, exempt.

(2)Anotice contemplated in subsection (1)(k) must be tabled in Parliament at least 14

days before publication thereof if Parliament is then sitting, and if Parliament is not

sitting, within seven days after the commencement of the next sitting.

(3) A notice contemplated in subsection (1)(k) is of full force and effect until

withdrawn by the Minister or by a resolution of Parliament.

CHAPTER 4

COMPETENCYCERTIFICATES, LICENCES, PERMITS,AUTHORISATIONS

AND ACCREDITATIONS

Competency certificates, licences, permits and authorizations

6. (1) The Registrar may issue any competency certificate, licence, permit or

authorisation contemplated in this Act—

(a) on receipt of an application completed in the prescribed form, including a full

set of fingerprints of the applicant; and

(b) if the applicant complies with all the applicable requirements of this Act.

(2) Subject to section 7, no licence may be issued to a person who is not in possession

of the relevant competency certificate.

(3) Every application for a competency certificate, licence, permit or authorisation

must be accompanied by such information as may be prescribed.

Applications by persons other than natural persons

7. (1) When a juristic person wishes to apply for a licence, permit or authorisation in

terms of this Act, it must nominate a natural person to apply on its behalf.

(2) The person so nominated must be identified on the licence, permit or authorisation

as the responsible person.

(3) A responsible person who holds any licence, permit or authorisation issued in

terms of this Act pursuant to an application contemplated in subsection (1) on behalf of

the juristic person must for purposes of this Act be regarded as the holder of the licence

in question.

(4) If it becomes necessary to replace a responsible person for any reason, the juristic

person must nominate a new responsible person who must be in possession of the

relevant competency certificate.

Accreditation

8. (1) Any accreditation required in terms of this Act must be done by the Registrar in

accordance with such regulations as may be prescribed.

(2) The regulations contemplated in subsection (1) may set out different sets of

criteria, in respect of different accreditations, which the Registrar must apply when

issuing an accreditation and which criteria must at least include criteria relating to—

(a) trustworthiness and integrity;

(b) suitability to perform the relevant functions in terms of this Act;

(c) capacity to serve the purpose of the accreditation; and

(d) capacity to advance the purposes of this Act.

(3) The Registrar may cancel an accreditation if there is no longer compliance with

any criterion for accreditation.

CHAPTER 5

COMPETENCY CERTIFICATES

Application for competency certificate

9. (1) An application for a competency certificate to possess a firearm, to trade in

firearms, to manufacture firearms or to carry on business as a gunsmith must be

delivered to the Designated Firearms Officer responsible for the area in which the

applicant ordinarily resides or in which the applicant’s business is or will be situated, as

the case may be.

(2) Where a person has not previously obtained a competency certificate, a

competency certificate may only be issued to such person if he or she—

(a) is 21 years or older on the day the application is received by the Designated

Firearms Officer;

(b) is a South African citizen or a holder of a permanent South African residence

permit;

(c) is a fit and proper person to possess a firearm, to trade in firearms, to

manufacture firearms or to conduct business as a gunsmith, as the case may

be;

(d) is of stable mental condition and is not inclined to violence;

(e) is not dependent on any substance which has an intoxicating or narcotic effect;

(f) has not been convicted of any offence under or in terms of this Act or the

previous Act and sentenced to a period of imprisonment without the option of

a fine;

(g) has not been convicted, whether in or outside South Africa, of an offence

involving the unlawful use or handling of a firearm by him or her or another

participant to the offence, whether committed in or outside South Africa;

(h) has not been convicted, whether in or outside South Africa, of an offence

involving—

(i) violence or sexual abuse, whether committed in or outside South Africa,

and sentenced to a period of imprisonment without the option of a fine;

or

(ii) physical or sexual abuse which occurred within a domestic relationship

as defined in section 1 of the Domestic Violence Act, 1998 (Act No. 116

of 1998), whether committed in or outside South Africa;

(i) has not been convicted of fraud in relation to, or supplying false information

for the purposes of, obtaining a competency certificate, licence, permit or

authorisation in terms of this Act or the previous Act;

(j) has not been convicted, whether in or outside South Africa, of an offence

involving the abuse of alcohol or drugs, whether committed in or outside

South Africa, and sentenced to a period of imprisonment without the option of

a fine;

(k) has not been convicted, whether in or outside South Africa, of an offence

involving dealing in drugs, whether committed in or outside South Africa, and

sentenced to a period of imprisonment without the option of a fine;

(l) has not been convicted of an offence in terms of the Domestic Violence Act,

1998 (Act No. 116 of 1998), and sentenced to a period of imprisonment

without the option of a fine;

(m) has not been convicted of an offence involving the negligent handling of a

firearm;

(n) has not been convicted of an offence in terms of the Explosives Act, 1956 (Act

No. 26 of 1956), and sentenced to a period of imprisonment without the option

of a fine;

(o) has not been convicted, whether inside or outside South Africa, of an offence

involving sabotage, terrorism, public violence, arson, intimidation, rape,

kidnapping or child stealing, whether committed in or outside South Africa;

(p) has not become or been declared unfit to possess a firearm in terms of this Act

or the previous Act;

(q) has successfully completed the prescribed test on knowledge of this Act;

(r) has successfully completed the prescribed training and practical tests

regarding the safe and efficient handling of a firearm; and

(s) has, where applicable, successfully completed the prescribed training and

practical tests for firearms dealers, manufacturers, gunsmiths, security officers

or other persons who use firearms in the course of their business.

(3) Any offence referred to in subsection (2) includes any conspiracy, incitement or

attempt to commit such offence, and means an offence in respect of which—

(a) a court has not made a determination that the person is not unfit to possess a

firearm despite the conviction; and

(b) the sentence has been complied with less than five years before the application

for a competency certificate was received by the Designated Firearms Officer.

(4) The disqualification contemplated in subsection (2)(p) ends upon the expiry of a

period of five years calculated from the date on which the person became or was

declared unfit, or the expiry of the period for which the declaration is valid, whichever

occurs first.

(5) (a) Despite subsection (2)(a), the Registrar may allow a person under the age of

21 years to apply for a competency certificate if there are compelling reasons which

require the person to obtain a competency certificate or licence to possess a firearm.

(b) Compelling reasons contemplated in paragraph (a) may include the fact that the

applicant conducts a business, is gainfully employed, a dedicated hunter, a dedicated

sports person or a private collector.

(6) (a) Where a person has previously obtained a competency certificate, a further

competency certificate may only be issued to such person if he or she satisfies such

requirements as may be prescribed.

(b) The requirements contemplated in paragraph (a) may not be more onerous than

those applicable to a person who has not previously obtained a competency certificate.

Competency certificate

10. (1) A competency certificate must specify—

(a) whether it relates to competency to—

(i) possess a firearm;

(ii) trade in firearms;

(iii) manufacture firearms; or

(iv) conduct business as a gunsmith; and

(b) all the relevant tests successfully completed by the holder.

(2) A competency certificate lapses after five years from its date of issue.

CHAPTER 6

LICENCE TO POSSESS FIREARM

Separate licence in respect of each firearm

11. (1) The Registrar must issue a separate licence in respect of each firearm licensed

in terms of this Chapter.

(2) Despite subsection (1), the Registrar may issue to a person a single document

containing licences in respect of more than one firearm.

Additional licences

12. (1) The Registrar may issue an additional licence in respect of a firearm

contemplated in section 13, 14, 15 and 16 to every person who resides on the same

premises as the holder of the licence in respect of the firearm in question.

(2) Every holder of an additional licence must comply with all the requirements for

the issue of a licence in respect of the firearm in question.

(3) If the holder of an additional licence contemplated in subsection (1) moves from

the premises in question, such additional licence lapses and the person to whom such

licence was issued must return that licence to the Registrar forthwith.

Licence to possess firearm for self-defence

13. (1) A firearm in respect of which a licence may be issued in terms of this section

is any—

(a) shotgun which is not fully or semi-automatic; or

(b) handgun which is not fully automatic.

(2) The Registrar may issue a licence under this section to any natural person who—

(a) needs a firearm for self-defence; and

(b) cannot reasonably satisfy that need by means other than the possession of a

firearm.

(3) No person may hold more than one licence issued in terms of this section.

(4)Afirearm in respect of which a licence has been issued in terms of this section may

be used where it is safe to use the firearm and for a lawful purpose.

Licence to possess restricted firearm for self-defence

14. (1) For purposes of this Act, a restricted firearm is any—

(a) semi-automatic rifle or shotgun, which cannot readily be converted into a fully

automatic firearm; or

(b) firearm declared by the Minister, by notice in the Gazette, to be a restricted

firearm.

(2)Anotice contemplated in subsection (1)(b) must be tabled in Parliament at least 14

days before publication thereof if Parliament is then sitting, and if Parliament is not

sitting, within seven days after the commencement of the next sitting.

(3) A notice contemplated in subsection (1)(b) will be of full force and effect until

withdrawn by the Minister or by a resolution of Parliament.

(4) The Registrar may issue a licence in terms of this section to any natural person

who shows that a firearm contemplated in section 13(1) will not provide sufficient

protection, and who submits reasonable information to motivate the need for a restricted

firearm for self-defence purposes.

(5) No person may hold more than one licence issued in terms of this section.

(6)Afirearm in respect of which a licence has been issued in terms of this section may

be used where it is safe to use the firearm and for a lawful purpose.

Licence to possess firearm for occasional hunting and sports-shooting

15. (1) A firearm in respect of which a licence may be issued in terms of this section

is any—

(a) handgun which is not fully automatic;

(b) rifle or shotgun which is not fully or semi-automatic; or

(c) barrel, frame or receiver of a handgun, rifle or shotgun contemplated in

paragraph (a) or (b),

and which is not a restricted firearm.

(2) The Registrar may issue a licence in terms of this section to any natural person

who is an occasional hunter or occasional sports person.

(3) (a) Subject to paragraphs (b), (c) and (d), no person may hold more than four

licences issued in terms of this section.

(b) If a person holds a licence issued in terms of section 13, he or she may only hold

three licences issued in terms of this section.

(c)Aperson may not hold more than one licence in respect of a handgun contemplated

in subsection (1)(a).

(d) If a person contemplated in paragraph (a) holds any additional licences

contemplated in section 12 in respect of a firearm contemplated in this section and

section 13, the number of licences which that person may hold must be reduced by the

number of such additional licences held.

(4)Afirearm in respect of which a licence has been issued in terms of this section may

be used where it is safe to use the firearm and for a lawful purpose.

Licence to possess firearm for dedicated hunting and dedicated sports-shooting

16. (1) A firearm in respect of which a licence may be issued in terms of this section

is any—

(a) handgun which is not fully automatic;

(b) rifle or shotgun which is not fully automatic;

(c) any semi-automatic shotgun manufactured to fire no more than five shots in

succession without having to be reloaded; or

(d) barrel, frame or receiver of a handgun, rifle or shotgun contemplated in

paragraph (a), (b) or (c).

(2) The Registrar may issue a licence in terms of this section to any natural person

who is a dedicated hunter or dedicated sports person if the application is accompanied

by a sworn statement or solemn declaration from the chairperson of an accredited

hunting association or sports-shooting organisation, or someone delegated in writing by

him or her, stating that the applicant is a registered member of that association.

(3)Afirearm in respect of which a licence has been issued in terms of this section may

be used where it is safe to use the firearm and for a lawful purpose.

(4) Every accredited hunting association and sports-shooting organisation must—

(a) keep a register which contains such information as may be prescribed; and

(b) submit an annual report to the Registrar which contains such information as

may be prescribed.

Licence to possess firearm in private collection

17. (1) (a) A firearm which may be possessed in a private collection is any firearm

approved for collection by an accredited collectors association.

(b) Despite section 4, such prohibited firearm as may be prescribed may be licensed

under this section.

(2) The Registrar may issue a licence in terms of this section to a private collector if

the application is accompanied by a sworn statement or solemn declaration from the

chairperson of an accredited collectors association, or someone delegated in writing by

him or her, stating that the applicant is a registered member of that association.

(3) The holder of a licence issued in terms of this section—

(a) must store the firearm at the place specified in the licence; and

(b) may only display the firearm in accordance with such safety measures as may

be prescribed.

(4)Afirearm in respect of which a licence has been issued in terms of this section may

be used where it is safe to use the firearm and for a lawful purpose.

Permit to possess ammunition in private collection

18. (1) Ammunition which may be possessed in a private collection is any

ammunition approved for collection by an accredited collectors association.

(2) (a) The Registrar may, subject to such regulations as may be prescribed, issue a

permit in terms of this section to a private collector if the application is accompanied by

a sworn statement or solemn declaration from the chairperson of an accredited collectors

association, or someone delegated in writing by him or her, stating that the applicant is

a registered member of that association.

(b) A collector contemplated in paragraph (a) may not possess more than 200 rounds

of ammunition of any particular calibre unless the Registrar approves the possession of

a higher number in writing.

(3) The holder of a permit issued in terms of this section may not discharge any

ammunition in his or her collection.

(4) The holder of a permit issued in terms of this section—

(a) must store the ammunition at the place specified in the permit; and

(b) may only display the ammunition in accordance with such safety measures as

may be prescribed.

(5) Despite section 4, the holder of a permit issued in terms of this section may

possess projectiles and cartridges manufactured to be discharged by prohibited firearms

if the propellant, high explosive and primer of the projectiles and cartridges have been

removed or deactivated.

Licence to possess a firearm, and permit to possess ammunition, in public

Collection

19. (1) The Registrar may issue a licence to possess a firearm in a public collection,

a permit to possess ammunition in a public collection, or both such permit and licence,

to a public collector.

(2) Despite section 4—

(a) such prohibited firearm as may be prescribed may be licensed under this

section; and

(b) the holder of a permit issued in terms of this section may possess projectiles

and cartridges manufactured to be discharged by prohibited firearms if the

propellant, high explosive and primer of the projectiles and cartridges have

been removed or deactivated.

(3) The holder of a permit contemplated in subsection (1) may not possess more than

200 rounds of ammunition of any particular calibre unless the Registrar approves the

possession of a higher number in writing.

(4)Afirearm in respect of which a licence has been issued in terms of this section and

ammunition in respect of which a permit has been issued in terms of this section, may

only be displayed—

(a) in an accredited museum; and

(b) in accordance with such safety measures as may be prescribed.

(5)Afirearm in respect of which a licence has been issued in terms of this section may

only be used on an accredited shooting range in accordance with the rules of that

shooting range and in accordance with such conditions as the Registrar may impose.

(6) The holder of a permit issued in terms of this section may not discharge any

ammunition in his or her collection.

Licence to possess firearm for business purposes

20. (1) (a) A firearm in respect of which a licence may be issued in terms of this

section is any firearm other than a prohibited firearm.

(b) Despite paragraph (a), a licence in respect of a prohibited firearm may be issued

to a person contemplated in subsection (2)(c) but such person may only provide the

prohibited firearm for use in theatrical, film or television productions and then only if the

prior written approval of the Registrar has been obtained and on such conditions as the

Registrar may impose.

(2) The Registrar may issue a licence in terms of this section to—

(a) a security company;

(b) a person who is accredited to provide training in the use of firearms;

(c) a person who is accredited to provide firearms for use in theatrical, film or

television productions;

(d) a person who is accredited as a game hunter;

(e) a person who is accredited to conduct business in hunting; or

(f) any person who is accredited to use firearms for such other business purpose

as the Registrar may determine.

(3) A licence issued in terms of this section must specify the business purpose in

respect of which it is issued.

(4)Afirearm in respect of which a licence was issued in terms of this section may only

be used as specified in the licence.

(5) (a) The holder of a licence issued in terms of this section may only provide the

firearm for use by another person subject to such conditions as may be prescribed.

(b) A security company which holds a licence to possess a firearm for business use

may only provide the firearm to a security officer in its service who holds a competency

certificate.

(6) Every holder of a licence issued in terms of this section must—

(a) keep a register of all firearms in its possession containing such information as

may be prescribed; and

(b) store and transport the firearms as may be prescribed.

(7) The holder of a licence issued in terms of this Act must, at the request of a police

official, produce for inspection—

(a) any firearm and ammunition in its possession or under its control; and

(b) every licence issued in terms of this section.

Temporary authorisation to possess firearm

21. (1) The Registrar may issue a temporary authorisation to possess a firearm to any

person, including a non-citizen—

(a) for such period as the Registrar may determine; and

(b) subject to such conditions as may be prescribed and imposed by the Registrar.

(2) The Registrar may at any time withdraw an authorisation if any condition

contemplated in subsection (1)(b) is not complied with.

(3) The Office of the Central Firearms Register must keep a record containing such

information as may be prescribed in respect of all authorisations issued in terms of this

section.

(4) The Registrar must submit an annual report to the Minister containing such

information as may be prescribed in respect of all authorisations issued in terms of this

section.

(5) A firearm in respect of which an authorisation has been issued in terms of this

section may be used only—

(a) if the Registrar by endorsement on the authorisation permits such use; and

(b) in accordance with such conditions as may be prescribed and imposed by the

Registrar.

(6) A firearm in respect of which an authorisation has been issued in terms of this

section may be disposed of only with the written consent of the Registrar and subject to

such conditions as he or she may impose.

Holder of licence may allow another person to use firearm

22. Despite anything to the contrary in this Act but subject to section 120(5), any

person who is at least 21 years of age and the holder of a licence to possess a firearm

issued in terms of this Act may allow any other person to use that firearm while under his

or her immediate supervision where it is safe to use the firearm and for a lawful purpose.

Identification marks on firearms

23. (1) No firearm licence may be issued unless the firearm bears the manufacturer’s

serial number or any other mark by which the firearm can be identified.

(2) The identification number must be stamped and the mark affixed in the prescribed

manner on the barrel, frame or receiver of the firearm.

(3) Despite subsections (1) and (2), the Registrar may, on good cause shown by the

applicant and subject to such conditions as the Registrar may impose, issue a licence in

respect of a firearm which does not comply with the provisions of those subsections.

(4) The Registrar may direct that any firearm in respect of which an application for a

licence has been made, be marked with such additional identification mark as he or she

may determine.

(5) No person may erase, alter or in any other manner tamper with the manufacturer’s

serial number or any other identification mark on a firearm with the intention of

changing the identity of the firearm.

(6) A person who is in possession of a firearm of which the manufacturer’s serial

number or other identification mark has been erased, altered or in any other manner

tampered with or has become illegible, must forthwith notify the Registrar of such fact.

(7) The Registrar may direct in writing that such firearm be marked with such

identification mark as he or she may determine.

Renewal of firearm licences

24. (1) The holder of a licence issued in terms of this Chapter who wishes to renew the

licence must at least 90 days before the date of expiry of the licence apply to the

Registrar for its renewal.

(2) The application must be—

(a) accompanied by such information as may be prescribed; and

(b) delivered to the Designated Firearms Officer responsible for the area in which

the applicant ordinarily resides or in which the applicant’s business is, as the

case may be.

(3) No application for the renewal of a licence may be granted unless the applicant

shows that he or she has continued to comply with the requirements for the licence in

terms of this Act.

(4) If an application for the renewal of a licence has been lodged within the period

provided for in subsection (1), the licence remains valid until the application is decided.

Notification of change of address

25. (1) The holder of a licence, permit or authorisation issued in terms of this Chapter

must in writing notify the Registrar of any change in his or her physical or postal address

within 30 days of such change occurring.

(2) The Registrar must within 30 days after receiving a notice referred to in subsection

(1) acknowledge receipt of that notice in writing.

Notification of change of circumstances

26. (1) The holder of a licence, permit or authorisation issued in terms of this Chapter

must notify the Registrar in writing within 30 days if there is any change with regard to

any information which was submitted in respect of the application for the issue of that

licence, permit or authorisation.

(2) The Registrar must within 30 days after receiving a notice referred to in subsection

(1) acknowledge receipt of that notice in writing.

Period of validity of licence or permit

27. A licence or permit mentioned in Column 2 of the Table below remains valid for

the period mentioned in Column 3 of that Table.

TABLE — PERIOD OF VALIDITY OF LICENCE OR PERMIT

Section

number

Type of licence or permit Period of

validity

13 Licence to possess firearm for self-defence Five years

14 Licence to possess restricted firearm for self-defence Two years

15 Licence to possess firearm for occasional hunting and

sports-shooting

Ten years

16 Licence to possess firearm for dedicated hunting and

dedicated sports-shooting

Ten years

17 Licence to possess firearm in private collection Ten years

18 Permit to possess ammunition in private collection Ten years

19 Licence to possess firearm, and permit to possess ammunition,

in public collection

Ten years

20 Licence to possess firearm for business purposes: Business

in hunting

Five years

20 Licence to possess firearm for business purposes: Business

other than in hunting

Two years

Termination of firearm licence

28. (1) A licence issued in terms of this Chapter terminates—

(a) upon the expiry of the relevant period contemplated in section 27, unless

renewed in terms of section 24;

(b) if surrendered by the holder of the licence to the Registrar;

(c) if the holder of the licence becomes or is declared unfit to possess a firearm in

terms of section 102 or 103; or

(d) if it is cancelled in terms of this Act.

(2) The Registrar may, by notice in writing, cancel a licence issued in terms of this

Chapter if the holder of the licence—

(a) no longer qualifies to hold the licence; or

(b) has contravened or failed to comply with any provision of this Act or any

condition specified in the licence.

(3)Anotice contemplated in subsection (2) may only be issued if the Registrar has—

(a) given the holder of the licence 30 days’ notice in writing to submit written

representations as to why the licence should not be cancelled; and

(b) duly considered any representations received and all the facts pertaining to the

matter.

(4) (a) If a notice contemplated in subsection (2) is issued, the former holder of the

licence must dispose of the firearm in question through a dealer or in such manner as the

Registrar may determine.

(b) The disposal must take place within 60 days after receipt of the notice.

(5) If the firearm is not disposed of within 60 days, it must be forfeited to the State and

the former holder of the licence must surrender it immediately at such place and in such

manner as the Registrar may determine.

(6) Any period contemplated in this section may be extended by the Registrar on good

cause shown.

Defaced, lost or stolen licences, permits and authorizations

29. (1) If a licence, permit or authorisation issued in terms of this Chapter is lost or

stolen, the holder of the licence, permit or authorisation must inform the Registrar of

such loss or theft within 24 hours of the discovery of the loss or theft.

(2) If a licence, permit or authorisation issued in terms of this Chapter is defaced, lost

or stolen, the holder of the licence, permit or authorisation must within seven days of the

discovery of the defacement, loss or theft apply to the Registrar in the prescribed form

for a copy of the licence, permit or authorisation.

Central firearms database

30. The Registrar must establish and maintain such central firearms database as may

be prescribed.

CHAPTER 7

LICENCES ISSUED TO PARTICULAR CATEGORIES OF PERSONS —

DEALERS, MANUFACTURERS AND GUNSMITHS

PART 1—DEALERS

Prohibition of unlicensed trading in firearms or ammunition

31. (1) No person may trade in any firearm or ammunition without a dealer’s licence.

(2) Subject to subsection (3), a person who is not a dealer may dispose of a firearm or

ammunition only through a dealer or as otherwise provided for in this Act.

(3)Aperson who wishes to sell or donate a firearm to a willing buyer or donee, as the

case may be, may do so without the intervention of a dealer, but on such conditions as

the Designated Firearms Officer may determine.

Requirements for dealer’s licence

32. (1) A dealer’s licence may be issued to a person who is a fit and proper person to

trade in firearms or ammunition.

(2) Any natural person who engages in trading on behalf of a dealer must hold a

competency certificate to trade in firearms and ammunition.

Conditions imposed on dealer

33. The Minister may prescribe—

(a) conditions in respect of the issue of a dealer’s licence which the Registrar may

impose on a dealer; and

(b) specifications in respect of the business premises of a dealer.

Dealer’s licence

34. The dealer’s licence must—

(a) specify the premises in respect of which the licence is issued;

(b) specify the conditions contemplated in section 33; and

(c) contain such other information as may be prescribed.

Renewal of dealer’s licence

35. (1) The holder of a dealer’s licence who wishes to renew the licence must at least

90 days before the date of expiry of the licence apply in the prescribed form to the

Registrar for its renewal.

(2) The application must be—

(a) accompanied by such information as may be prescribed; and

(b) delivered to the Designated Firearms Officer responsible for the area in which

the applicant’s business premises are situated.

(3) No application for the renewal of a dealer’s licence may be granted unless the

applicant satisfies the Registrar that he or she still complies with the requirements for the

licence in terms of this Act.

(4) If an application for the renewal of a dealer’s licence has been lodged within the

period provided for in subsection (1), the licence remains valid until the application is

decided.

Temporary authorisation to trade in firearms and ammunition on premises other

than those specified in dealer’s licence

36. (1) The Registrar may issue a temporary authorisation to a dealer to trade in

firearms and ammunition at premises other than those specified in the dealer’s licence.

(2) The Minister may prescribe conditions which the Registrar may impose on a

licensed dealer in respect of a temporary authorisation issued in terms of this section.

(3)Atemporary authorisation to trade in firearms and ammunition must specify the—

(a) premises in respect of which it is issued;

(b) period for which it is issued; and

(c) conditions subject to which it is issued.

(4) The Registrar may at any time, by written notice, withdraw an authorisation issued

in terms of this section.

(5) The Office of the Central Firearms Register must keep a record of prescribed

information in respect of all authorisations issued in terms of this section.

(6)Adealer to whom a temporary authorisation has been issued must comply with the

requirements of subsection (3).

Change of premises

37. (1)Adealer may apply to the Registrar in the prescribed manner for removal of the

business from the premises specified in the licence to different premises.

(2) On receipt of the application referred to in subsection (1), the Registrar may

endorse the licence or issue a new licence permitting the dealer to conduct the business

from the new premises on such conditions as the Registrar may impose.

Notification of change of circumstances

38. (1) The holder of a dealer’s licence must notify the Registrar in writing within

30 days if there is any change with regard to any information which was submitted in

respect of the application for the issue of that licence.

(2) The Registrar must within 30 days after receiving a notice referred to in subsection

(1) acknowledge receipt of that notice in writing.

Duties of dealer

39. (1)Adealer may trade in firearms or ammunition only on premises specified in the

dealer’s licence.

(2) A dealer may not permit any person to trade in firearms or ammunition on his or

her behalf unless that person is in possession of the appropriate competency certificate.

(3) A dealer must keep such registers as may be prescribed and containing such

information as may be prescribed at the premises specified in the dealer’s licence.

(4) A dealer must keep his or her dealer’s licence on the premises specified in the

licence.

(5) A dealer must, at the request of any police official, produce for inspection—

(a) any firearms or ammunition that the dealer may have in stock;

(b) his or her dealer’s licence; and

(c) any register or electronic data kept by the dealer in terms of Part 1 of this

Chapter.

(6) A dealer must establish and maintain a workstation which links the registers

referred to in subsection (3) to the central dealers database in the prescribed manner.

(7) The Registrar may, on good cause shown on application by a dealer, exempt the

dealer from the duties referred to in subsection (6).

(8) Any dealer exempted as contemplated in subsection (7) must submit weekly

returns, completed in the prescribed form, to the Office of the Central Firearms Register.

(9) A dealer must comply with any condition imposed under section 33 and

specification prescribed under that section.

Establishment of centralised dealers’ database

40. The Registrar must establish and maintain such central dealers’ database as may

be prescribed.

Suspension of dealer’s licence

41. (1) The Registrar may suspend a dealer’s licence if the Registrar has information

in a sworn statement or on solemn declaration that the dealer has committed an offence

in terms of this Act for which a sentence of imprisonment for a period of five years or

more may be imposed.

(2) A licence may be suspended for not more than seven days without affording the

holder of the licence a hearing.

(3) A suspension may endure for a period longer than seven days if the—

(a) holder has been afforded an opportunity to make written representations to the

Registrar;

(b) Registrar has given due consideration to the representations;

(c) Registrar deems it necessary in order to achieve the objects of this Act; and

(d) suspension has been confirmed by a court.

(4) A dealer may not trade for the period during which the licence is suspended.

Termination of dealer’s licence

42. (1) A dealer’s licence terminates—

(a) upon the expiry of one year from the date on which it was issued;

(b) if surrendered by the dealer to the Registrar;

(c) if the holder of the licence becomes or is declared unfit to possess a firearm in

terms of section 102 or 103; or

(d) if cancelled in terms of this Act.

(2) The Registrar may, by written notice, cancel a dealer’s licence if the holder of the

licence—

(a) no longer qualifies to hold the licence; or

(b) has contravened or failed to comply with any provision of this Act or any

condition specified in the licence.

(3)Anotice contemplated in subsection (2) may only be issued if the Registrar has—

(a) given the holder 30 days notice in writing to submit written representations as

to why the licence should not be cancelled; and

(b) duly considered any representations received and all the facts pertaining to the

matter.

(4) (a) If a notice contemplated in subsection (2) is issued, the former holder of the

licence must dispose of any firearms and ammunition in his or her possession through a

dealer or in such manner as the Registrar may determine.

(b) The disposal must take place within 60 days after receipt of the notice.

(5) If the firearms and ammunition are not disposed of within 60 days they must be

forfeited to the State and the former holder of the licence must surrender them

immediately at such place and in such manner as the Registrar may determine.

(6) Any period contemplated in this section may be extended by the Registrar on good

cause shown.

Application of other laws

43. A licence issued in terms of Part 1 of this Chapter does not exempt the holder of

the licence from having to comply with the provisions of any other law.

Defaced, lost or stolen licences

44. (1) If a dealer’s licence is lost or stolen, the holder of the licence must inform the

Registrar within 24 hours of the discovery of the loss or theft.

(2) If a dealer’s licence is defaced, lost or stolen, the holder of the licence must within

seven days of the discovery of the defacement, loss or theft apply to the Registrar in the

prescribed manner for a copy of the licence.

PART 2—MANUFACTURERS

Prohibition of unlicensed manufacture of firearms and ammunition

45. (1) No person may manufacture any firearm or ammunition without a

manufacturer’s licence.

(2)Amanufacturer may only sell firearms and ammunition to a dealer or to the State,

and may export firearms and ammunition subject to section 73(1).

Requirements for manufacturer’s licence

46. (1) A manufacturer’s licence may be issued to a person who is a fit and proper

person to manufacture firearms or ammunition.

(2) The Registrar may only issue a manufacturer’s licence to—

(a) a manufacturer of firearms if the firearms are manufactured in a factory

registered in terms of the Occupational Health and Safety Act, 1993 (Act No.

85 of 1993); or

(b) a manufacturer of ammunition if the ammunition is manufactured in a factory

licensed in terms of the Explosives Act, 1956 (Act No. 26 of 1956).

Conditions imposed on manufacturer

47. The Minister may prescribe—

(a) conditions in respect of the issue of a manufacturer’s licence which the

Registrar may impose on a manufacturer; and

(b) specifications in respect of the business premises of a manufacturer.

Manufacturer’s licence

48. A manufacturer’s licence must—

(a) specify the premises in respect of which the licence is issued;

(b) specify the conditions contemplated in section 47 which are to apply; and

(c) contain such other information as may be prescribed.

Renewal of manufacturer’s licence

49. (1) The holder of a manufacturer’s licence who wishes to renew the licence must

apply to the Registrar for its renewal in the prescribed form at least 90 days before the

date of expiry of the licence.

(2) The application must be—

(a) accompanied by such information as may be prescribed; and

(b) delivered to the Designated Firearms Officer responsible for the area in which

the applicant’s business premises are situated.

(3) No application for renewal of a manufacturer’s licence may be granted unless the

applicant satisfies the Registrar that he or she has continued to comply with the

requirements for the licence in terms of this Act.

(4) If an application for the renewal of a manufacturer’s licence has been lodged

within the period provided for in subsection (1), the licence remains valid until the

application is decided.

Temporary authorisation to display firearms and ammunition on premises other

than those specified in manufacturer’s licence

50. (1) The Registrar may issue a temporary authorisation to a manufacturer to display

firearms and ammunition at premises other than those specified in the manufacturer’s

licence.

(2) The Minister may prescribe conditions which the Registrar may impose on a

manufacturer in respect of a temporary authorisation issued in terms of this section.

(3) A temporary authorisation to display firearms and ammunition must specify—

(a) the premises in respect of which it is issued;

(b) the period for which it is issued; and

(c) any conditions subject to which it is issued.

(4) The Registrar may at any time, by written notice, withdraw an authorisation issued

in terms of this section.

(5) The Office of the Central Firearms Register must keep a record of prescribed

information in respect of all authorisations issued in terms of this section.

(6) A manufacturer to whom a temporary authorisation has been issued must comply

with the requirements of subsection (3).

Change of premises

51. (1) A manufacturer may apply to the Registrar in the prescribed manner for

removal of the business from the premises specified in the licence to different premises.

(2) On receipt of the application referred to in subsection (1), the Registrar may

endorse the manufacturer’s licence or issue a new licence permitting the manufacturer

to conduct business from the new premises on such conditions as the Registrar may

impose.

(3) Section 46(2) applies with the necessary changes to an application in terms of this

section.

Notification of change of circumstances

52. (1) The holder of a manufacturer’s licence must notify the Registrar in writing

within 30 days if there is any change with regard to any information which was

submitted in respect of the application for the issue of that licence.

(2) The Registrar must within 30 days after receiving a notice referred to in subsection

(1) acknowledge receipt of that notice in writing.

Duties of manufacturer

53. (1) A manufacturer may manufacture firearms or ammunition only on premises

specified in the licence.

(2) A manufacturer must apply or affix such serial number or any other mark to any

firearm manufactured by the manufacturer as may be prescribed.

(3) A manufacturer must keep registers containing such information as may be

prescribed at the premises specified in the manufacturer’s licence.

(4) A manufacturer must keep his or her manufacturer’s licence on the premises

specified in the licence.

(5) A manufacturer must, at the request of any police official, produce for

inspection—

(a) any firearms or ammunition that the manufacturer may have in stock;

(b) his or her manufacturer’s licence; and

(c) any register or electronic data kept by the manufacturer in terms of Part 2 of

this Chapter.

(6) A manufacturer must in the prescribed manner establish and maintain a

workstation which links the registers referred to in subsection (3) to the central

manufacturers’ database.

(7) A manufacturer must comply with the conditions specified in the manufacturer’s

licence.

Establishment of centralised manufacturers’ database

54. The Registrar must establish and maintain such central manufacturers’ database as

may be prescribed.

Suspension of manufacturer’s licence

55. (1) The Registrar may suspend a manufacturer’s licence if the Registrar has

information in a sworn statement or on solemn declaration that the manufacturer has

committed an offence in terms of this Act for which a sentence of imprisonment for a

period of five years or more may be imposed.

(2) A licence may be suspended for not more than seven days without affording the

holder of the licence a hearing.

(3) A suspension may endure for a period longer than seven days if the—

(a) holder has been afforded an opportunity to make written representations to the

Registrar;

(b) Registrar has given due consideration to the representations;

(c) Registrar deems it necessary in order to achieve the objects of this Act; and

(d) suspension has been confirmed by a court.

(4)Amanufacturer may not conduct business as a manufacturer for the period during

which the licence is suspended.

Termination of manufacturer’s licence

56. (1) A manufacturer’s licence terminates—

(a) upon the expiry of one year from the date on which it was issued;

(b) if surrendered by the manufacturer to the Registrar;

(c) if the manufacturer becomes or is declared unfit to possess a firearm in terms

of section 102 or 103; or

(d) if cancelled in terms of this Act.

(2) The Registrar may, by written notice, cancel a manufacturer’s licence if the holder

of the licence—

(a) no longer qualifies to hold the licence; or

(b) has contravened or failed to comply with any provision of this Act or any

condition specified in the licence.

(3)Anotice contemplated in subsection (2) may only be issued if the Registrar has—

(a) given the holder 30 days’ notice in writing to submit written representations as

to why the licence should not be cancelled; and

(b) duly considered any representations received and all the facts pertaining to the

matter.

(4) (a) If a notice contemplated in subsection (2) is issued, the former holder of the

licence must dispose of any firearms and ammunition in his or her possession through a

dealer or in such manner as the Registrar may determine.

(b) The disposal must take place within 60 days after receipt of the notice.

(5) If the firearms and ammunition are not disposed of within 60 days they must be

forfeited to the State and the former holder of the licence must surrender them

immediately at such place and in such manner as the Registrar may determine.

(6) Any period contemplated in this section may be extended by the Registrar on good

cause shown.

Application of other laws

57. A licence issued in terms of Part 2 of this Chapter does not exempt the holder of

the licence from having to comply with the provisions of any other law.

Defaced, lost or stolen licences

58. (1) If a manufacturer’s licence is lost or stolen, the holder of the licence must

inform the Registrar within 24 hours of the discovery of the loss or theft.

(2) If a manufacturer’s licence is defaced, lost or stolen, the holder of the licence must

within seven days of the discovery of the defacement, loss or theft apply to the Registrar

in the prescribed manner for a copy of the licence.

PART 3—GUNSMITHS

Prohibition of certain work

59. No person may, without being the holder of a gunsmith’s licence—

(a) alter the mechanism of a firearm so as to enable the discharging of more than

one shot with a single depression of the trigger;

(b) alter the calibre of a firearm;

(c) alter the barrel length of a firearm;

(d) alter or remove the serial number or any other identifying mark of a firearm;

or

(e) perform such other work as may be prescribed.

Requirement for gunsmith’s licence

60. A gunsmith’s licence may be issued to a person who is a fit and proper person to

perform the work contemplated in section 59.

Conditions imposed on gunsmith

61. The Minister may prescribe—

(a) conditions in respect of the issue of a gunsmith’s licence which the Registrar

may impose on a licensed gunsmith; and

(b) specifications in respect of the business premises of a gunsmith.

Gunsmith’s licence

62. A gunsmith’s licence must—

(a) specify the premises in respect of which the licence is issued;

(b) specify any of the conditions contemplated in section 61 which are to apply;

and

(c) contain such other information as may be prescribed.

Renewal of gunsmith’s licence

63. (1) The holder of a gunsmith’s licence who wishes to renew the licence must apply

to the Registrar for its renewal at least 90 days before the date of expiry of the licence.

(2) The application must be—

(a) accompanied by such information as may be prescribed; and

(b) delivered to the Designated Firearms Officer responsible for the area in which

the applicant’s business premises are situated.

(3) No application for renewal of a gunsmith’s licence may be granted unless the

applicant satisfies the Registrar that he or she has continued to comply with the

requirements for the licence in terms of this Act.

(4) If an application for the renewal of a gunsmith’s licence has been lodged within

the period provided for in subsection (1), the licence remains valid until the application

is decided.

Temporary authorisation to conduct business as gunsmith on premises other than

those specified in gunsmith’s licence

64. (1) The Registrar may issue a temporary authorisation to a gunsmith to conduct

business as a gunsmith at premises other than those specified in the gunsmith’s licence.

(2) The Minister may prescribe conditions which the Registrar may impose on a

gunsmith in respect of a temporary authorisation issued in terms of this section.

(3) A temporary authorisation to conduct business as a gunsmith must specify the—

(a) premises in respect of which it is issued;

(b) period for which it is issued; and

(c) conditions subject to which it is issued.

(4) The Registrar may at any time, by written notice, withdraw an authorisation issued

in terms of this section.

(5) The Office of the Central Firearms Register must keep a record of prescribed

information in respect of all authorisations issued in terms of this section.

(6)Agunsmith to whom a temporary authorisation has been issued must comply with

the requirements of subsection (3).

Change of premises

65. (1) A gunsmith may apply to the Registrar in the prescribed manner for removal

of the business from the premises specified in the licence to different premises.

(2) On receipt of the application referred to in subsection (1), the Registrar may

endorse the gunsmith’s licence or issue a new licence permitting the gunsmith to

conduct the business from the new premises on such conditions as the Registrar may

impose.

Notification of change of circumstances

66. (1) The holder of a gunsmith’s licence must notify the Registrar in writing within

30 days if there is any change with regard to any information which was submitted in

respect of the application for the issue of that licence.

(2) The Registrar must within 30 days after receiving a notice referred to in subsection

(1) acknowledge receipt of that notice in writing.

Duties of gunsmith

67. (1)Agunsmith may conduct business as a gunsmith only on premises specified in

the gunsmith’s licence.

(2)Agunsmith must keep registers containing such information as may be prescribed

at the premises specified in the gunsmith’s licence.

(3) A gunsmith must keep his or her gunsmith’s licence on the premises specified in

the licence.

(4) A gunsmith must, at the request of any police official, produce for inspection—

(a) any firearms or ammunition that the gunsmith may have in his or her

possession;

(b) his or her gunsmith’s licence; and

(c) any register or electronic data kept by the gunsmith in terms of Part 3 of this

Chapter.

(5) A gunsmith must in the prescribed manner establish and maintain a workstation

which links the registers referred to in subsection (2) to the central gunsmiths’ database.

(6) The Registrar may, on good cause shown on application by a gunsmith, exempt the

gunsmith from the duties referred to in subsection (5).

(7) Any gunsmith exempted as contemplated in subsection (6), must submit weekly

returns, completed in the prescribed form, to the Office of the Central Firearms Register.

(8) A gunsmith must comply with any condition imposed under section 61 and

specifications prescribed under that section.

Establishment of centralised gunsmiths’ database

68. The Registrar must establish and maintain such central gunsmiths’ database as

may be prescribed.

Suspension of gunsmith’s licence

69. (1) The Registrar may suspend a gunsmith’s licence if the Registrar has

information in a sworn statement or on solemn declaration that the gunsmith has

committed an offence in terms of this Act for which a sentence of imprisonment for a

period of five years or more may be imposed.

(2) A licence may be suspended for not more than seven days without affording the

holder of the licence a hearing.

(3) A suspension may endure for a period longer than seven days if the—

(a) holder has been afforded an opportunity to make written representations to the

Registrar;

(b) Registrar has given due consideration to the representations;

(c) Registrar deems it necessary in order to achieve the objects of this Act; and

(d) suspension has been confirmed by a court.

(4)Agunsmith may not conduct business as a gunsmith for such period as the licence

is suspended.

Termination of gunsmith’s licence

70. (1) A gunsmith’s licence terminates—

(a) upon the expiry of one year from the date on which it was issued;

(b) if surrendered by the gunsmith to the Registrar;

(c) if the gunsmith becomes or is declared unfit to possess a firearm in terms of

section 102 or 103; or

(d) if cancelled in terms of this Act.

(2) The Registrar may, by written notice, cancel a gunsmith’s licence if the holder of

the licence—

(a) no longer qualifies to hold the licence; or

(b) has contravened or failed to comply with any provision of this Act or any

condition specified in the licence.

(3)Anotice contemplated in subsection (2) may only be issued if the Registrar has—

(a) given the holder 30 days’ notice in writing to submit written representations as

to why the licence should not be cancelled; and

(b) duly considered any representations received and all the facts pertaining to the

matter.

(4) If a notice contemplated in subsection (2) is issued, the former holder of the

licence must dispose of any firearms and ammunition in his or her possession in such

manner as the Registrar may determine.

Application of other laws

71. A licence issued in terms of Part 3 of this Chapter does not exempt the holder of

the licence from the obligation to comply with any other law.

Defaced, lost or stolen licences

72. (1) If a gunsmith’s licence is lost or stolen, the holder of the licence must inform

the Registrar within 24 hours of the discovery of the loss or theft.

(2) If a gunsmith’s licence is defaced, lost or stolen, the holder of the licence must

within seven days of the discovery of the defacement, loss or theft apply to the Registrar

in the prescribed manner for a copy of the licence.

CHAPTER 8

IMPORT, EXPORT AND CARRIAGE IN-TRANSIT OF FIREARMS

AND AMMUNITION

Prohibition of import, export or carriage in-transit of firearms and ammunition

without permit

73. (1) No person may import into or export from South Africa any firearms or

ammunition without an import or export permit issued in terms of this Act.

(2) No person may carry in transit through South Africa any firearms or ammunition

without an in-transit permit issued in terms of this Act.

Requirements for import, export or in-transit permit

74. (1)An import, export or in-transit permit may be issued to a person who is a fit and

proper person to hold such permit.

(2) Unless the Registrar directs otherwise in writing, no import, export or in-transit

permit may be issued in respect of any firearm or ammunition which does not bear the

prescribed identification marks.

Conditions imposed on holder of permit

75. The Minister may prescribe conditions which the Registrar may impose on the

holder of a permit issued in terms of this Chapter.

Import, export or in-transit permit

76. An import, export or in-transit permit must—

(a) specify the conditions contemplated in section 75; and

(b) contain such other information as may be prescribed.

Permit constitutes licence to possess firearm or ammunition

77. (1) A permit for the import of a firearm or ammunition also constitutes a licence

to possess such firearm or ammunition for such person and period as the Registrar may

specify on the permit.

(2) The Registrar may impose such conditions in respect of the possession and use of

the relevant firearm or ammunition as may be prescribed, and must, on the permit in

question, specify any conditions imposed.

Duties of holder of permit

78. (1) The holder of a permit issued in terms of this Chapter, must at the request of

any police official, produce for inspection—

(a) any firearms or ammunition in his or her possession or under his or her

control;

(b) his or her permit; and

(c) any register or electronic data that may be kept by him or her in terms of this

Act.

(2) The Registrar may direct the holder of a permit issued in terms of this Chapter to

keep and maintain registers containing such information as he or she may direct.

(3) The Registrar may direct the holder of a permit issued in terms of this Chapter to

establish and maintain a workstation which complies with such requirements as he or

she may direct and which links the registers referred to in subsection (2) to the central

importers’ and exporters’ database.

(4) The holder of a permit issued in terms of this Chapter must comply with the

conditions specified in the permit.

Establishment of central importers’ and exporters’ database

79. The Registrar must establish and maintain such central importers’ and exporters’

databases as may be prescribed.

Suspension of import, export and in-transit permits

80. (1) The Registrar may suspend an import, export or in-transit permit if the

Registrar has information in a sworn statement or on solemn declaration that the holder

of the permit has committed an offence in terms of this Act for which a sentence for a

period of five years or more may be imposed.

(2) A permit may be suspended for not more than seven days without affording the

holder of the permit a hearing.

(3) A suspension may endure for a period longer than seven days if the—

(a) holder has been afforded an opportunity to make written representations to the

Registrar;

(b) Registrar has given due consideration to the representations;

(c) Registrar deems it necessary in order to achieve the objects of this Act; and

(d) suspension has been confirmed by a court.

(4) A holder of a permit may not import or export firearms or ammunition or carry

firearms or ammunition in transit for such period as the permit is suspended.

Termination of import, export and in-transit permits

81. (1) An import, export or in-transit permit terminates—

(a) on the date specified in the permit;

(b) if surrendered by the holder of the permit to the Registrar;

(c) if the holder of a permit becomes or is declared unfit to possess a firearm in

terms of section 102 or 103; or

(d) if cancelled in terms of this Act.

(2) The Registrar may, by written notice, cancel an import, export or in-transit permit

if the permit holder—

(a) no longer qualifies to hold the permit; or

(b) has contravened or failed to comply with any provision of this Act or any

condition specified in the permit.

(3)Anotice contemplated in subsection (2) may only be issued if the Registrar has—

(a) given the holder 30 days’ notice in writing to submit written representations as

to why the permit should not be cancelled; and

(b) duly considered any representations received and all the facts pertaining to the

matter.

(4) If a notice contemplated in subsection (2) is issued, the former holder of a permit

must dispose of any firearms and ammunition in his or her possession in such manner as

the Registrar may determine.

Defaced, lost or stolen permits

82. (1) If an import, export or in-transit permit is lost or stolen, the holder of a permit

must inform the Registrar within 24 hours of the discovery of the loss or theft.

(2) If an import, export or in-transit permit is defaced, lost or stolen, the holder of the

permit must within seven days of the discovery of the defacement, loss or theft apply to

the Registrar in the prescribed manner for a copy of the permit.

CHAPTER 9

STORAGE, TRANSPORT AND CARRYING OF FIREARMS AND

AMMUNITION

Storage and transport of firearms and ammunition

83. Firearms and ammunition must be stored and transported in the prescribed

manner.

Carrying of firearm in public place

84. (1) No person may carry a firearm in a public place unless the firearm is carried—

(a) in the case of a handgun—

(i) in a holster or similar holder designed, manufactured or adapted for the

carrying of a handgun and attached to his or her person; or

(ii) in a rucksack or similar holder; or

(b) in the case of any other firearm, in a holder designed, manufactured or adapted

for the carrying of the firearm.

(2) A firearm contemplated in subsection (1) must be completely covered and the

person carrying the firearm must be able to exercise effective control over such firearm.

Conditions imposed on transporter of firearm

85. (1) The Minister may prescribe conditions which the Registrar may impose on the

holder of a permit issued in terms of section 86.

(2) The conditions which the Registrar imposes must be specified in the permit.

Firearm transporter’s permit

86. (1) No person may transport any firearm or ammunition for reward without being

in possession of a firearm transporter’s permit issued in terms of this Act.

(2) A firearm transporter’s permit may be issued to a person who is a fit and proper

person to conduct business as a firearm transporter.

(3) The Registrar may issue a firearm transporter’s permit—

(a) on receipt of an application completed on the prescribed form and containing

the prescribed information; and

(b) for such period as the Registrar may determine.

Duties of holder of permit

87. (1) The holder of a permit issued in terms of this Chapter, must at the request of

any police official, produce for inspection—

(a) any firearms or ammunition in his or her possession or under his or her

control;

(b) his or her permit; and

(c) any register or electronic data that may be kept by him or her in terms of this

Act.

(2) The Registrar may direct the holder of a permit issued in terms of this Chapter to

keep and maintain registers containing such information as he or she may direct.

(3) The holder of a firearm transporter’s permit must comply with any conditions

imposed under section 85.

Cancellation of firearm transporter’s permit

88. (1) The Registrar may, by written notice, cancel a firearm transporter’s permit if

the permit holder—

(a) no longer qualifies to hold the permit; or

(b) has contravened or failed to comply with any provision of this Act or any

condition specified in the permit.

(2) The former holder of a permit must dispose of his or her cargo of firearms and

ammunition in accordance with the directions of the Registrar.

Records to be kept

89. The Office of the Central Firearms Register must keep a record of prescribed

information in respect of all firearm transporter’s permits issued in terms of this Chapter.

CHAPTER 10

CONTROL OF AMMUNITION AND FIREARM PARTS

Prohibition of possession of ammunition

90. No person may possess any ammunition unless he or she—

(a) holds a licence in respect of a firearm capable of discharging that ammunition;

(b) holds a permit to possess ammunition;

(c) holds a dealer’s licence, manufacturer’s licence, gunsmith’s licence, import,

export or in-transit permit or transporter’s permit issued in terms of this Act;

or

(d) is otherwise authorised to do so.

Restrictions on possession of ammunition

91. (1) The holder of a licence to possess a firearm referred to in Chapter 6 may not

possess more than 200 cartridges for each firearm in respect of which he or she holds a

licence.

(2) The limitation in subsection (1) does not apply to—

(a) a dedicated hunter or dedicated sports person who holds a licence issued in

terms of this Act or any other holder of a licence issued in terms of this Act

authorised by the Registrar to possess more than 200 cartridges for a firearm

in respect of which he or she holds a licence on good cause shown; or

(b) the holder of a licence to possess a firearm issued in terms of this Act in respect

of ammunition bought and discharged at an accredited shooting range.

Prohibitions and restrictions on use of certain ammunition

92. (1) The Minister may, by notice in the Gazette, prohibit or restrict the acquisition,

disposal, possession or use of ammunition of a specified class if it is—

(a) in the interest of public safety; or

(b) desirable for the maintenance of law and order.

(2) A notice contemplated in subsection (1) must be tabled in Parliament at least 14

days before publication thereof if Parliament is then sitting, and if Parliament is not

sitting, within seven days after the commencement of the next sitting.

(3) A notice contemplated in subsection (1) is of full force and effect until withdrawn

by the Minister or by a resolution of Parliament.

Loading or reloading of ammunition

93. (1) Section 45(1) does not apply to the loading of ammunition by the holder of a

licence to possess a firearm for use in his or her licensed firearm.

(2) (a) A holder of a licence contemplated in subsection (1) may not have more than

2 400 primers in his or her possession for each firearm in respect of which he or she

holds a licence.

(b) The limitation in paragraph (a) does not apply to a dedicated hunter or dedicated

sports person who holds a licence issued in terms of this Act or any other holder of a

licence issued in terms of this Act authorised by the Registrar to possess more than 2 400

primers for a firearm in respect of which he or she holds a licence on good cause shown.

(3) No person may load prohibited ammunition contemplated in section 92.

Prohibition of possession of firearm parts

94. (1) For purposes of this section, ‘‘firearm part’’means a slide, bolt or breech-block

of a firearm.

(2) No person may possess any firearm part unless he or she—

(a) holds a licence in respect of a firearm capable of bearing that firearm part;

(b) holds a dealer’s licence, manufacturer’s licence, gunsmith’s licence, import,

export or in-transit permit or transporter’s permit issued in terms of this Act;

or

(c) is otherwise authorised to do so.

(3) The holder of a dealer’s licence, manufacturer’s licence, gunsmith’s licence,

import, export or in-transit permit or transporter’s permit issued in terms of this Act must

keep such register of all firearm parts in his or her possession as may be prescribed.

(4) (a) The Minister may, by notice in the Gazette, prohibit or restrict the acquisition,

disposal, possession or use of firearm parts if it is—

(i) in the interest of public safety; or

(ii) desirable for the maintenance of law and order.

(b) A notice contemplated in paragraph (a) must be tabled in Parliament at least 14

days before publication thereof if Parliament is then sitting, and if Parliament is not

sitting, within seven days after the commencement of the next sitting.

(c) A notice contemplated in paragraph (a) will be of full force and effect until

withdrawn by the Minister or by a resolution of Parliament.

CHAPTER 11

EXEMPTIONS

Definitions

95. In this Chapter, unless the context indicates otherwise—

(a) ‘‘Official Institution’’ means—

(i) the South African National Defence Force, contemplated in section 5 of

the Defence Act, 1957 (Act No. 44 of 1957);

(ii) the South African Police Service, contemplated in section 5 of the South

African Police Service Act, 1995 (Act No. 68 of 1995);

(iii) the Department of Correctional Services, contemplated in section 2 of

the Correctional Services Act, 1959 (Act No. 8 of 1959);

(iv) any intelligence service established in terms of the Constitution;

(v) the armaments acquisition agency of the State; and

(vi) any government institution accredited by the Registrar as an Official

Institution;

(b) ‘‘employee’’—

(i) in relation to the South African National Defence Force, means any

member of the South African National Defence Force contemplated in

section 5 of the Defence Act, 1957 (Act No. 44 of 1957), and includes

any member of the Reserve contemplated in section 6 of the Defence Act,

1957; and

(ii) in relation to the South African Police Service, means any member as

defined in the South African Police Service Act, 1995 (Act No. 68 of

1995).

Exemptions

96. (1) No provision of this Act other than this Chapter, section 109 and section 145,

in so far as it relates to Official Institutions, applies to an Official Institution.

(2) Any firearms and ammunition which form the subject of a notice contemplated in

section 4C of the Armaments Development and Production Act, 1968 (Act No. 57 of

1968), are exempted from the provisions of this Act.

(3) A member of a military force of another country visiting South Africa in terms of

an international obligation or an agreement between that country and South Africa is

exempted from the provisions of this Act to the extent provided for in the obligation or

agreement in question.

Conditions applicable to institution accredited by Registrar

97. An Official Institution contemplated in section 95(a)(vi) is subject to such

conditions in respect of the acquisition, use, safekeeping and disposal of firearms as may

be prescribed, and to such conditions as may be imposed by the Registrar.

Possession and use of firearms by Official Institution

98. (1) (a) Subject to this section, an employee of an Official Institution may not

possess a firearm under the control of the Official Institution without a permit issued in

terms of this Chapter.

(b) Employees of the South African National Defence Force are exempted from the

obligation to have a permit in respect of military firearms issued to them—

(i) while performing official duties under military command; and

(ii) if they have in their possession a written order, instruction or route form

specifying the duty to be performed and the nature and type of firearm they are

authorised to carry.

(c) Employees of the South African National Defence Force are exempted from the

obligation to have a permit in respect of military firearms in their possession or under

their control for the purpose of performing official duties, if those firearms are mounted

in or on a military weapons system.

(2) Only the head of an Official Institution, or someone delegated in writing by him

or her, may issue a permit to an employee of that Official Institution to possess and use

a firearm under its control.

(3)Apermit issued in terms of this Chapter must contain such information as may be

prescribed.

(4) The head of an Official Institution may impose conditions on the possession and

use of the firearms and ammunition under the control of that Official Institution and may

issue instructions to employees of that Institution prescribing conditions relating to the

acquisition, storage, transport, possession, use and disposal of such firearms and

ammunition.

(5) Unless the permit referred to in subsection (2) indicates otherwise, the employee

must—

(a) when on duty, carry any handgun under his or her control on his or her person

in a prescribed holster;

(b) at the end of each period of his or her duty, return the firearm in question to the

place of storage designated for this purpose by the Official Institution; and

(c) when traveling with a firearm, carry the firearm on his or her person or in a

secure place under his or her direct control.

(6) (a) Despite subsection (5), the head of an Official Institution may authorise an

employee to—

(i) have the firearm in his or her possession after his or her working hours;

(ii) carry the firearm on his or her person outside the premises of his or her

workplace; or

(iii) store the firearm at his or her place of residence.

(b) Paragraph (a) does not apply to an Official Institution contemplated in section

95(a)(v) and (vi), unless the Registrar determines in writing that it does so apply.

(7) The holder of a permit contemplated in subsection (2) must carry that permit on

his or her person when he or she is in possession of a firearm.

(8) The head of an Official Institution may only issue a permit in terms of subsection

(2) if the employee—

(a) is a fit and proper person to possess a firearm; and

(b) has successfully completed the prescribed training and the prescribed test for

the safe use of a firearm.

(9) (a) The head of an Official Institution must report the loss or theft of any firearm

immediately to the Registrar and to the nearest police station.

(b) For the purposes of this subsection ‘‘nearest police station’’ means the police

station nearest to the place where the loss or theft occurred.

(10) An Official Institution may only dispose of or destroy a firearm under its control

in the prescribed manner.

Register to be kept by Official Institution

99. (1) The head of an Official Institution must keep a register in the prescribed form.

(2) The register must contain such particulars as may be prescribed, including—

(a) (i) in the case of the South African National Defence Force, the particulars

of every firearm of a calibre of less than 20 millimeters; or

(ii) in the case of all other Official Institutions, the particulars of every

firearm under its control;

(b) the particulars of every employee who, in terms of this Chapter, is allowed to

be in possession of a firearm, and the particulars of each such firearm;

(c) the conditions specified in every permit issued in terms of this Chapter;

(d) particulars regarding the disposal, transfer, loss, theft or destruction of

firearms contemplated in paragraph (a); and

(e) if a firearm is lost or stolen, particulars regarding the report of the loss or theft

to the South African Police Service.

(3) All firearms under the control of an Official Institution must bear such

identification marks as may be prescribed.

Establishment of central Official Institution firearms databases

100. The Registrar must establish and maintain such central Official Institution

firearms databases as may be prescribed.

Official Institution’s workstation

101. The head of an Official Institution must—

(a) establish and maintain a workstation at a place which complies with such

requirements as may be prescribed; and

(b) provide the Registrar with access to the workstation and to the register

referred to in section 99.

CHAPTER 12

DECLARATION OF PERSONS AS UNFIT TO POSSESS FIREARM

Declaration by Registrar of person as unfit to possess firearm

102. (1) The Registrar may declare a person unfit to possess a firearm if, on the

grounds of information contained in a statement under oath or affirmation including a

statement made by any person called as a witness, it appears that—

(a) a final protection order has been issued against such person in terms of the

Domestic Violence Act, 1998 (Act No. 116 of 1998);

(b) that person has expressed the intention to kill or injure himself or herself or

any other person by means of a firearm or any other dangerous weapon;

(c) because of that person’s mental condition, inclination to violence or

dependence on any substance which has an intoxicating or narcotic effect, the

possession of a firearm by that person is not in the interests of that person or

of any other person;

(d) that person has failed to take the prescribed steps for the safekeeping of any

firearm; or

(e) that person has provided information required in terms of this Act which is

false or misleading.

(2) A declaration under subsection (1) may only be issued if the Registrar—

(a) by notice in writing delivered by hand to the person, has called upon the

person to appear before the Registrar at a time and place determined therein in

order to advance reasons as to why that person should not be declared unfit to

possess a firearm;

(b) has given that person a reasonable opportunity to advance reasons as to why

the declaration should not be issued;

(c) has duly considered the matter;

(d) is satisfied that the person is unfit as contemplated in subsection (1); and

(e) does not rely solely on the same facts relating to a conviction in respect of

which a court has made a determination in terms of section 103(1) or (2) that

the person is not unfit to possess a firearm.

(3) Any person appearing in pursuance of a notice issued in terms of subsection (2)(a)

is entitled to—

(a) be represented by a legal representative;

(b) request the Registrar to call, in the manner referred to in subsection (2)(a), any

person who made a statement referred to in subsection (1), to appear before

the Registrar; and

(c) examine the person who has been called in terms of subsection (1) or

paragraph (b) to appear, or to cause him or her to be so examined by such legal

representative.

(4) (a) Section 183 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), applies

with the necessary changes to any person called to appear before the Registrar in terms

of subsection (2)(a), including any witness.

(b) For purposes of paragraph (a) the expression ‘‘to a fine not exceeding R300 or to

imprisonment for a period not exceeding three months’’ where it occurs in section

183(2) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), must be construed to

read as follows:

‘‘to a fine or to imprisonment for a period not exceeding 12 months’’.

(c) Section 181 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), applies

with the necessary changes in respect of any witness whose appearance has been

requested as contemplated in subsection (3)(b).

Declaration by court of person to be unfit to possess firearm

103. (1) Unless the court determines otherwise, a person becomes unfit to possess a

firearm if convicted of—

(a) the unlawful possession of a firearm or ammunition;

(b) any crime or offence involving the unlawful use or handling of a firearm,

whether the firearm was used or handled by that person or by another

participant in that offence;

(c) an offence regarding the failure to store firearms or ammunition in accordance

with the requirements of this Act;

(d) an offence involving the negligent handling or loss of a firearm while the

firearm was in his or her possession or under his or her direct control;

(e) an offence involving the handling of a firearm while under the influence of any

substance which has an intoxicating or narcotic effect;

(f) any other crime or offence in the commission of which a firearm was used,

whether the firearm was used or handled by that person or by another

participant in the offence;

(g) any offence involving violence, sexual abuse or dishonesty, for which the

accused is sentenced to a period of imprisonment without the option of a fine;

(h) any other offence under or in terms of this Act in respect of which the accused

is sentenced to a period of imprisonment without the option of a fine;

(i) any offence involving physical or sexual abuse occurring in a domestic

relationship as defined in section 1 of the Domestic Violence Act, 1998 (Act

No. 116 of 1998);

(j) any offence involving the abuse of alcohol or drugs;

(k) any offence involving dealing in drugs;

(l) any offence in terms of the Domestic Violence Act, 1998 (Act No. 116 of

1998) in respect of which the accused is sentenced to a period of

imprisonment without the option of a fine;

(m) any offence in terms of the Explosives Act, 1956 (Act No. 26 of 1956), in

respect of which the accused is sentenced to a period of imprisonment without

the option of a fine;

(n) any offence involving sabotage, terrorism, public violence, arson, intimidation,

rape, kidnapping, or child stealing; or

(o) any conspiracy, incitement or attempt to commit an offence referred to above.

(2) (a) A court which convicts a person of a crime or offence referred to in Schedule

2 and which is not a crime or offence contemplated in subsection (1), must enquire and

determine whether that person is unfit to possess a firearm.

(b) If a court, acting in terms of paragraph (a), determines that a person is unfit to

possess a firearm, it must make a declaration to that effect.

(3) A court which has convicted a person of a crime or an offence contemplated in

subsection (1), has made a determination contemplated in that subsection or has made a

declaration in terms of subsection (2) must notify the Registrar in writing of that

conviction, determination or declaration.

(4) Unless a determination that a person is not unfit to possess a firearm has been made

in terms of subsection (1), a notice contemplated in subsection (3) must be accompanied

by a court order for the immediate search for and seizure of—

(a) all competency certificates, licences, authorisations and permits issued to the

relevant person in terms of this Act;

(b) all firearms in his or her possession; and

(c) all ammunition in his or her possession.

(5)Afirearm and any other item seized in terms of subsection (4) must be kept by the

South African Police Service or, if appropriate, by the Military Police, until an appeal

against the conviction or sentence has been finalised or the time for an appeal has

elapsed.

Effect of declaration

104. (1) (a) All competency certificates, licences, authorisations and permits issued in

terms of this Act to any person who becomes or is declared unfit to possess a firearm in

terms of section 102 or 103, cease to be valid from the date of the conviction, or the

declaration, as the case may be.

(b) Despite the noting of an appeal against the decision of a court or of the Registrar,

the status of unfitness contemplated in paragraph (a) remains in effect pending the

finalisation of the appeal.

(2)Aperson who becomes or is declared unfit to possess a firearm in terms of section

102 or 103 must within 24 hours surrender to the nearest police station—

(a) all competency certificates, licences, authorisations and permits issued to him

or her in terms of this Act;

(b) all firearms in his or her possession; and

(c) all ammunition in his or her possession.

(3) (a)Aperson who has surrendered his or her firearm as contemplated in subsection

(2) must dispose of the firearm and ammunition through a dealer or in such manner as

the Registrar may determine—

(i) if an appeal is lodged and that appeal is unsuccessful, within 60 days of the

finalisation of the appeal; or

(ii) if no appeal is lodged, within 60 days of the receipt of a written notice from the

Registrar informing the person of his or her unfitness to possess a firearm.

(b) If the firearm and ammunition are not disposed of within 60 days, they must be

forfeited to the State and destroyed or disposed of as prescribed.

(c) The period of 60 days referred to in this subsection may be extended by the

Registrar on good cause shown.

(d) For purposes of subsection (3)(a), the Registrar must release the firearm and

ammunition in question to a dealer identified by the relevant person, for disposal by that

dealer on behalf of the person.

(4) (a) The holder of an additional licence referred to in section 12(1) may, if the

holder of the licence becomes or is declared unfit to possess a firearm, apply to the

Registrar for the issue of a new licence in his or her name.

(b) If the holder of an additional licence does not make an application referred to in

paragraph (a) within 30 days of the—

(i) date on which the time for an appeal elapses; or

(ii) finalisation of the appeal if it does not affect the status of unfitness,

the additional firearm licence lapses.

(5) If the decision leading to the status of unfitness to possess a firearm of any person

is set aside, any seized or surrendered firearm, ammunition, licence, permit or

authorisation belonging to any such person, must be returned.

(6) Subject to section 9(3)(b) and after a period of five years calculated from the date

of the decision leading to the status of unfitness to possess a firearm, the person who has

become or been declared unfit to possess a firearm may apply for a new competency

certificate, licence, authorisation or permit in accordance with the provisions of this Act.

Proof of declaration

105. A certificate purporting to have been signed by the Registrar or by the registrar

of a High Court, the clerk of a magistrates’ court or the clerk of a military court, stating

that the person mentioned in the certificate has become or been declared unfit to possess

a firearm, or has been convicted of a specific offence or crime, is upon production

thereof by any person, prima facie evidence of the facts stated in that certificate.

CHAPTER 13

INSPECTIONS

Production of licences and firearms for inspection

106. (1) Subject to section 107, any holder of a licence, permit or authorisation issued

in terms of this Act must—

(a) produce the licence, permit or authorisation for inspection within seven days

of being required to do so by any police official or by any person authorised by

the Registrar;

(b) maintain the licence, permit or authorisation in such a state that it can be

produced in an undefaced and legible condition; and

(c) produce the firearm in respect of which the licence, permit or authorisation is

issued within seven days of being required to do so by any police official or by

any person authorised by the Registrar.

(2) A police official or an authorised person, when exercising a power in terms of

subsection (1) must—

(a) identify himself or herself to the person referred to in subsection (1); and

(b) produce his or her appointment certificate or authorisation.

Duty to comply with request of police official or authorised person

107. (1) Any person who carries with him or her a firearm must at the request of a

police official or any person authorised by the Registrar produce the licence, permit or

authorisation, as the case may be, in respect of such firearm for inspection.

(2) A person referred to in subsection (1) must—

(a) at the request and to the satisfaction of a police official or any person

authorised by the Registrar, identify himself or herself forthwith; and

(b) at the request of a police official or any person authorised by the Registrar,

produce such firearm for inspection.

(3) If a person fails to comply with subsection (1) or (2), the police official or

authorised person may seize the firearm without a warrant and keep the firearm in

custody until the licence, permit or authorisation is produced or the firearm is disposed

of in terms of this Act.

(4) A police official or an authorised person, when exercising a power in terms of

subsection (1) or (2) must—

(a) identify himself or herself to the person referred to in subsection (1); and

(b) produce his or her appointment certificate or authorisation.

Request for information

108. (1)Apolice official or any person authorised by the Registrar who has reasonable

grounds to believe that a person has or recently had a firearm or ammunition in his or her

possession, may request that person to—

(a) state his or her full name, age, residential and employment address;

(b) produce his or her licence, permit or authorisation for the possession of the

firearm;

(c) answer questions relating to the whereabouts of the firearm; and

(d) furnish any other information reasonably required by the police official or

authorised person.

(2) A police official or an authorised person, when exercising a power in terms of

subsection (1) must—

(a) identify himself or herself to the person referred to in subsection (1); and

(b) produce his or her appointment certificate or authorisation.

Inspection of premises

109. (1) A police official or any person authorised by the Registrar may enter any—

(a) place of business of a dealer;

(b) firearm or ammunition factory or place of business of a manufacturer of

firearms and ammunition;

(c) place of business of a gunsmith;

(d) place of business of the holder of an import or export permit;

(e) place of business, including any vehicle, vessel or aircraft, of an authorised

transporter of firearms and ammunition;

(f) office or premises of an Official Institution which may issue a permit to its

employees to possess and use firearms; or

(g) place of business, including any vehicle, vessel or aircraft, of the holder of a

licence in respect of firearms used for business purposes referred to in section

20,

and conduct such inspection as may be necessary in order to determine whether the

requirements and conditions of this Act or of any competency certificate, licence, permit

or authorisation issued in terms of this Act are being complied with.

(2) The Registrar must comply with such security arrangements as may be agreed

upon with the head of the Official Institution in question.

CHAPTER 14

SEARCH AND SEIZURE

Chapter 2 of Criminal Procedure Act, 1977, to apply

110. (1) Chapter 2 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), applies

with the necessary changes to the entry of premises, search for and seizure of any

firearm, imitation firearm, airgun, device or ammunition referred to in this Act.

(2) In the application of Chapter 2 of the Criminal Procedure Act, 1977 (Act No. 51

of 1977), as contemplated in subsection (1), section 20 of the said Act must be construed

as if the following paragraph had been added to it:

‘‘(d) which is a firearm or ammunition as defined in section 1 of the Firearms

Control Act, 2000, and is on reasonable grounds believed to be in the

possession or under the control of a person, who by reason of any physical or

mental condition, is incapable of having proper control of any firearm or

ammunition or who by such reason presents a danger of harm to himself or

herself or to any other person.’’.

(3) Despite sections 30 and 31 of the Criminal Procedure Act, 1977 (Act No. 51 of

1977), any article referred to in subsection (1) which is lawfully seized by the State, may

be dealt with or disposed of in accordance with the provisions of this Act.

(4) This Chapter does not derogate from any power conferred by any other law to

enter any premises or search any person, container or premises or to arrest any person or

to seize any matter, to declare any matter forfeited or to dispose of any matter.

Search and seizure in course of policing operations in terms of South African Police

Service Act, 1995

111. (1) Despite anything to the contrary in this Chapter, any police official or person

authorised as such by the National Commissioner or any provincial commissioner of the

South African Police Service, may, in the course of official policing operations

contemplated in section 13(6), (7) or (8) of the South African Police Service Act, 1995

(Act No. 68 of 1995), search any premises, vehicle, vessel or aircraft and seize any

firearm, imitation firearm, airgun, device or ammunition—

(a) which is reasonably suspected to be held in contravention of this Act; or

(b) for the purposes of determining whether or not the provisions of this Act have

been complied with in respect of such article.

(2) Section 13 of the South African Police Service Act, 1995 (Act No. 68 of 1995),

applies with the necessary changes to any search or seizure contemplated in subsection

(1).

Exercise of powers set out in section 37 of Criminal Procedure Act, 1977

112. Any police official or other person authorised as such in writing by the Registrar

may exercise the powers of a police official set out in section 37 of the Criminal

Procedure Act, 1977 (Act No. 51 of 1977), in respect of—

(a) any occupant of a vehicle, vessel or aircraft or premises in which any article

referred to in section 110(1) is present and in respect of which there is a

reasonable suspicion that any of the provisions of this Act may have been

contravened by that occupant; and

(b) the owner or person in control of any vehicle, vessel or aircraft or premises in

which any article referred to in section 110(1) is present and in respect of

which there is a reasonable suspicion that any of the provisions of this Act

may have been contravened.

Bodyprints and bodily samples

113. (1) Any police official may without warrant take the fingerprints, palmprints,

footprints and bodily samples of a person or a group of persons or may cause any such

prints or samples to be taken, if—

(a) there are reasonable grounds to suspect that that person or that one or more of

the persons in that group has committed an offence punishable with

imprisonment for a period of five years or longer; and

(b) there are reasonable grounds to believe that the prints or samples or the results

of an examination thereof, will be of value in the investigation by excluding

or including one or more of the persons as a possible perpetrator of the

offence.

(2) The person who has control over prints or samples taken in terms of this section—

(a) may examine them for purposes of the investigation of the relevant offence or

cause them to be so examined; and

(b) must immediately destroy them when it is clear that they will not be of value

as evidence.

(3) Bodily samples to be taken from the body of a person, may only be taken by a

registered medical practitioner or a registered nurse.

(4) A police official may do such tests, or cause such tests to be done, as may be

necessary to determine whether a person suspected of having handled or discharged a

firearm has indeed handled or discharged a firearm.

Ballistic testing

114. (1) Any police official may seize, test-fire and examine such number of firearms

as are necessary or such ammunition as is necessary, if—

(a) there are reasonable grounds to suspect that one or more of the firearms or the

ammunition has been used in the commission of an offence which is

punishable in terms of this Act with imprisonment for a period of five years or

longer; and

(b) there are reasonable grounds to believe that one or more of the firearms or the

ammunition or the results of the test-firing and examination, will be of value

in the investigation by excluding or including—

(i) one or more of those firearms or the ammunition as having been used in

the commission of the offence; or

(ii) one or more persons as possible perpetrators of the offence.

(2) The person who has control over a firearm or ammunition seized in terms of this

section must immediately return it or otherwise dispose of it in terms of this Act when

it is clear that it will not be of value as evidence.

Inspection, search and seizure for inquiry or investigation (with special warrant)

115. (1) For purposes of any inquiry or investigation relating to the application of this

Act and subject to subsection (4), the Registrar or any person authorised in writing by

the Registrar may—

(a) at any reasonable time and without prior notice, enter any business or

industrial premises; or

(b) at any reasonable time and with reasonable notice, enter any dwelling on or in

which anything relating to the subject-matter of the inquiry or investigation is

or is suspected to be.

(2) The Registrar or person authorised may—

(a) inspect and search any premises or dwelling contemplated in subsection (1)

and make such enquiries as may be necessary for purposes of the inquiry or

investigation;

(b) examine anything found on the premises or dwelling which may have a

bearing on the subject-matter of the inquiry or investigation;

(c) request information or an explanation regarding such object from the owner or

person in control of those premises or from any person in whose possession or

under whose control anything referred to in paragraph (b) is found;

(d) make copies of or extracts from any book or document found on or in the

premises or dwelling which may have a bearing on the subject-matter of the

inquiry or investigation and request an explanation of such book, document or

any entry therein from any person suspected of having knowledge thereof; and

(e) against the issue of a written receipt, seize anything on or in the premises or

dwelling which may have a bearing on the subject-matter of the inquiry or

investigation.

(3) Any entry upon, inspection of or search of any premises or dwelling, or

questioning of any person, in terms of this section must be carried out with strict regard

to decency and order.

(4) Any power contemplated in subsection (1) may be exercised only—

(a) in terms of a warrant issued by a judge or magistrate; or

(b) without warrant by a police official contemplated in paragraph (a) of the

definition of ‘‘police official’’ in section (1) if—

(i) there are reasonable grounds to believe that a warrant would be issued

and the delay in obtaining the warrant would defeat the object for which

the power is exercised; or

(ii) the person who is competent to do so consents to the exercise of the

power.

(5) (a) A warrant may only be issued if it appears from evidence under oath or on

affirmation that there are reasonable grounds to suspect that anything referred to in

subsection (2) is or may be on the premises or in the dwelling in question.

(b) The evidence must contain information regarding the—

(i) nature of the inquiry or investigation to be conducted;

(ii) reason for or suspicion which gave rise to the inquiry or investigation;

(iii) need for search and seizure in terms of this section; and

(iv) premises on which the warrant is to be executed.

(6) Subject to subsection (7), sections 21(3) and 27 of the Criminal Procedure Act,

1977 (Act No. 51 of 1977), apply, with the necessary changes, to the execution of a

warrant or to a search in terms of this section.

(7) A warrant contemplated in this section remains in force until—

(a) it is executed;

(b) it is cancelled; or

(c) the expiry of three months from the date of its issue,

whichever may occur first.

Incidental discovery

116. If, in the course of a lawful search for anything other than articles referred to in

section 110(1), the person executing the search finds an article referred to in section

110(1), in respect of which a reasonable suspicion of illegality or illegal possession

exists, such person may seize such article, and must then deal with it or dispose of it in

terms of this Act.

CHAPTER 15

PRESUMPTIONS

Presumption of possession of firearm or ammunition

117. (1) For purposes of this section ‘‘residential premises’’ does not include a hotel,

hostel, or an apartment building, but includes a room or suite in a hotel, a room in a

hostel and an apartment in an apartment building.

(2) Whenever a person is charged in terms of this Act with an offence of which the

possession of a firearm or ammunition is an element, and the State can show that despite

the taking of reasonable steps it was not able with reasonable certainty to link the

possession of the firearm or ammunition to any other person, the following

circumstances will, in the absence of evidence to the contrary which raises reasonable

doubt, be sufficient evidence of possession by that person of the firearm or ammunition

where it is proved that the firearm or ammunition was found—

(a) on residential premises and the person was, at the time—

(i) in control of such premises; or

(ii) over the age of 16 years and ordinarily resident at such premises;

(b) where it is proved that the firearm or ammunition was found buried in or

hidden on land used for residential purposes and the person was, at the time—

(i) in control of such land;

(ii) employed to work on the land in or on which the firearm or ammunition

was found; or

(iii) over the age of 16 years and ordinarily resident on such land;

(c) on premises other than residential premises and the person was, at the time—

(i) in control of such premises;

(ii) ordinarily employed on the premises;

(iii) present in the immediate vicinity of the place on the premises where the

firearm or ammunition was found and the circumstances indicate that the

firearm or ammunition should have been visible to that person; or

(iv) in control of a locker, cupboard or other container within which the

firearm or ammunition was found;

(d) in or on a vehicle and the person was, at the time—

(i) the driver of the vehicle;

(ii) the person in charge of the vehicle;

(iii) in control of all the goods on the vehicle;

(iv) the consignor of any goods in or among which the firearm or ammunition

was found;

(v) the only person who had access to the firearm or ammunition;

(vi) the employer of the driver of the vehicle and present on the vehicle; or

(vii) over the age of 16 years and present on the vehicle;

(e) on any aircraft other than an aircraft which was used to convey passengers for

gain, and the person was at the time—

(i) present on the aircraft and in charge of the aircraft; or

(ii) over the age of 16 years and present on the aircraft;

(f) in the hold of an aircraft and the person was, at the time, the person in charge

of the goods in the hold;

(g) in a place on an aircraft or vessel—

(i) to which no one besides the person had access; or

(ii) where the circumstances indicate that the firearm or ammunition should

have been visible to no one besides the person;

(h) on any vessel other than a vessel which was used to convey passengers for

gain, and the person was, at the time—

(i) in charge of that vessel or that part of the vessel in which the firearm or

ammunition was found;

(ii) ordinarily employed in the immediate vicinity of the place on the vessel

where the firearm or ammunition was found; or

(iii) over the age of 16 years and present in that part of the vessel; or

(i) in the cargo of a vessel and the person was, at the time—

(i) in control of the cargo of the vessel; or

(ii) the consignor of any goods in or among which the firearm or ammunition

was found.

(3) In any criminal proceedings against a person where it is alleged that such person

has injured or killed another person or has damaged property belonging to another

person, the following circumstances will, in the absence of evidence to the contrary

which raises a reasonable doubt, be sufficient evidence that such person participated in

the injury, killing or damage, where it is proved that—

(a) the person was driving, or was a passenger in, a vehicle other than a vehicle

designed or licenced to convey more than 20 passengers;

(b) a firearm was discharged from that vehicle while the person was driving or

was a passenger in the vehicle; and

(c) as a result of such discharge, a person was injured or killed, or property was

damaged.

Presumptions relating to failure to report

118. (1) Whenever a person is charged with an offence in terms of this Act of failing

to report the loss, theft or destruction of a firearm and it is proved that such person was,

at the time, the licensed or authorised possessor of the firearm alleged to have been lost,

stolen or destroyed, proof that the person has failed to produce such firearm within seven

days of the request by a police official to do so, will, in the absence of evidence to the

contrary which raises reasonable doubt, be sufficient evidence that the firearm has been

lost, stolen or destroyed.

(2) Whenever a person is charged with an offence in terms of this Act of failing to

furnish information or particulars on request of a police official and it is proved that such

person was, at the time, the licensed or authorised possessor of the firearm alleged to

have been lost, stolen or destroyed, proof that the person has failed to produce such

information or particulars within seven days of the request of a police official to do so,

will, in the absence of evidence to the contrary which raises reasonable doubt, be

sufficient evidence that the person has failed to furnish such information or particulars.

Presumption of failure to take reasonable steps

119. Whenever a person is charged in terms of this Act with an offence of failing to

take reasonable steps to ensure that no firearm or ammunition is brought onto premises,

a vehicle, a vessel or an aircraft under his or her ownership or control in contravention

of this Act, proof that the firearm or ammunition was brought onto premises, a vehicle,

a vessel or an aircraft under his or her ownership or control, will, in the absence of

evidence to the contrary which raises reasonable doubt, be sufficient evidence that he or

she failed to take such reasonable steps.

CHAPTER 16

OFFENCES, PENALTIES AND ADMINISTRATIVE FINES

Offences

120. (1) A person is guilty of an offence if he or she contravenes or fails to comply

with any—

(a) provision of this Act;

(b) condition of a licence, permit or authorisation issued or granted by or under

this Act; or

(c) provision, direction or requirement of a notice issued under this Act.

(2) (a)Any person who is aware of the existence of a firearm or ammunition that is not

in the lawful possession of any person and fails to report the location of the firearm or

ammunition to a police official without delay, is guilty of an offence.

(b) A police official to whom a person has made a report contemplated in paragraph

(a), must immediately provide the person with written proof that the report has been

made or, in the case of a telephonic or similar report, with the official reference number

of the report.

(3) It is an offence to—

(a) cause bodily injury to any person or cause damage to property of any person

by negligently using a firearm, an antique firearm or an airgun;

(b) discharge or otherwise handle a firearm, an antique firearm or an airgun in a

manner likely to injure or endanger the safety or property of any person or

with reckless disregard for the safety or property of any person; or

(c) have control of a loaded firearm, an antique firearm or an airgun in

circumstances where it creates a risk to the safety or property of any person

and not to take reasonable precautions to avoid the danger.

(4) It is an offence to handle a firearm, an antique firearm or an airgun while under the

influence of a substance which has an intoxicating or a narcotic effect.

(5) A person is guilty of an offence if he or she gives control of a firearm, an antique

firearm or an airgun to a person whom he or she knows, or ought reasonably to have

known—

(a) to be mentally ill; or

(b) to be under the influence of a substance which has an intoxicating or a narcotic

effect.

(6) It is an offence to point—

(a) any firearm, an antique firearm or an airgun, whether or not it is loaded or

capable of being discharged, at any other person, without good reason to do

so; or

(b) anything which is likely to lead a person to believe that it is a firearm, an

antique firearm or an airgun at any other person, without good reason to do so.

(7) It is an offence to discharge a firearm, an antique firearm or an airgun in a built up

area or any public place, without good reason to do so.

(8) A person is guilty of an offence if he or she—

(a) fails to lock away his or her firearm or a firearm in his or her possession in a

prescribed safe, strong-room or device for the safe-keeping when such firearm

is not carried on his or her person or is not under his or her direct control; or

(b) loses a firearm, or is otherwise disposessed of a firearm owing to that person’s

failure to—

(i) lock the firearm away in a prescribed safe, strong-room or device for the

safekeeping of a firearm;

(ii) take reasonable steps to prevent the loss or theft of the firearm while the

firearm was on his or her person or under his or her direct control; or

(iii) keep the keys to such safe, strong-room or device in safe custody.

(9) It is an offence to—

(a) add any word, figure or letter to a competency certificate, licence, permit or

authorisation as issued, without the Registrar’s permission;

(b) alter or erase any words, figures or letters from any competency certificate,

licence, permit or authorisation, without the Registrar’s permission;

(c) use or possess any competency certificate, licence, permit or authorisation—

(i) to which any words, figures or letters have been unlawfully added;

(ii) from which any words, figures or letters have been unlawfully erased; or

(iii) on which any words, figures or letters have been unlawfully altered;

(d) part with a competency certificate, licence, permit or authorisation in order

that it may be used by any person other than the person to whom it was issued

or granted;

(e) use a competency certificate, licence, permit or authorisation issued in the

name of another person to procure possession of a firearm or ammunition;

(f) supply particulars, information or answers in an application for a competency

certificate, licence, permit or authorisation in terms of this Act, knowing them

to be false, incorrect or misleading or not believing them to be correct;

(g) make a false entry in a register which is required to be kept in terms of this

Act; or

(h) furnish false information in any return required to be submitted in terms of this

Act.

(10) It is an offence to—

(a) sell, supply or in any other manner give possession of a firearm or ammunition

to a person who is not allowed in terms of this Act to possess that firearm or

ammunition; or

(b) be in possession of any firearm, imitation firearm or ammunition, with intent

to commit an offence or to use the firearm or an imitation firearm to resist

arrest or prevent the arrest of another person.

(11) Any holder of a licence, permit or authorisation to possess a firearm, and any

other person who was in possession of or who had control of a firearm when it was lost,

stolen or destroyed and who fails to report the loss, theft or destruction to the police

station nearest to the place where it occurred, within 24 hours after having become

aware of the loss, theft or destruction of the firearm, is guilty of an offence.

(12) It is an offence to obstruct or hinder any person in the exercise of any power or

the performance of any duty in terms of this Act.

Penalties

121. Any person convicted of a contravention of or a failure to comply with any

section mentioned in Column 1 of Schedule 4, may be sentenced to a fine or to

imprisonment for a period not exceeding the period mentioned in Column 2 of that

Schedule opposite the number of that section.

Administrative fines

122. (1) If a person is alleged to have committed an offence contemplated in section

120 for which that person may be sentenced to a fine or imprisonment for a period not

exceeding five years in terms of section 121, the Registrar may cause to be delivered by

hand to that person (hereinafter referred to as the infringer) an infringement notice

which must contain the particulars contemplated in subsection (2).

(2) A notice referred to in subsection (1) must—

(a) specify the name and address of the infringer;

(b) specify the particulars of the alleged offence;

(c) specify the amount of the administrative fine payable, which—

(i) if the period contemplated in subsection (1) does not exceed two years,

may, in respect of a first infringement, not exceed R5 000 and, in respect

of a second or subsequent infringement, not exceed R10 000;

(ii) if the period contemplated in subsection (1) does not exceed three years,

may, in respect of a first infringement, not exceed R15 000 and, in respect

of a second or subsequent infringement, not exceed R30 000;

(iii) if the period contemplated in subsection (1) does not exceed four years,

may, in respect of a first infringement, not exceed R20 000 and, in respect

of a second or subsequent infringement, not exceed R40 000; or

(iv) if the period contemplated in subsection (1) does not exceed five years,

may, in respect of a first infringement, not exceed R50 000 and, in respect

of a second or subsequent infringement, not exceed R100 000;

(d) inform the infringer that, not later than 30 days after the date of service of the

infringement notice, the infringer may—

(i) pay the administrative fine;

(ii) make arrangements with the Registrar to pay the administrative fine in

instalments; or

(iii) elect to be tried in court on a charge of having committed the alleged

offence; and

(e) state that a failure to comply with the requirements of the notice within the

time permitted, will result in the administrative fine becoming recoverable as

contemplated in subsection (4).

(3) If an infringer elects to be tried in court on a charge of having committed the

alleged contravention or failure, the Registrar must hand the matter over to the

prosecuting authority and inform the infringer accordingly.

(4) If an infringer fails to comply with the requirements of a notice, the Registrar may

file with the clerk or registrar of any competent court a statement certified by him or her

as correct, setting forth the amount of the administrative fine payable by the infringer,

and such statement thereupon has all the effects of a civil judgment lawfully given in that

court in favour of the Registrar for a liquid debt in the amount specified in the statement.

(5) The Registrar may not impose an administrative fine contemplated in this section

if the person concerned has been charged with a criminal offence in respect of the same

set of facts.

(6) No prosecution may be instituted against a person if the person concerned has paid

an administrative fine in terms of this section in respect of the same set of facts.

(7) An administrative fine imposed in terms of this section does not constitute a

previous conviction as contemplated in Chapter 27 of the Criminal Procedure Act, 1977

(Act No. 51 of 1977).

CHAPTER 17

ORGANISATIONAL STRUCTURES

Registrar of Firearms

123. The National Commissioner is the Registrar of Firearms.

Functions of Registrar

124. (1) The Registrar must perform his or her functions in accordance with such

directions as the Minister may issue.

(2) The Register must—

(a) establish and maintain the Central Firearms Register;

(b) establish and control the Office of the Central Firearms Register;

(c) recover the fees payable in terms of this Act;

(d) develop a training curriculum for competency testing in terms of this Act;

(e) conduct research into firearms policies;

(f) monitor the implementation of this Act;

(g) conduct public education programmes concerning the provisions of this Act

and all other matters relating to the safe possession and use of firearms; and

(h) designate police officials as Designated Firearms Officers.

(3) The Registrar may—

(a) conduct any investigation or enquiry which he or she deems necessary in

order to exercise his or her powers or carry out his or her duties in terms of this

Act; and

(b) make recommendations to the Minister on any matter relating to this Act.

Central Firearms Register

125. (1) The Central Firearms Register must contain—

(a) the central firearms database;

(b) the central dealers database;

(c) the central manufacturers database;

(d) the central gunsmiths database;

(e) the central importers and exporters database;

(f) the central Official Institutions database; and

(g) any other information required to be kept by the Registrar in terms of this Act.

(2) The central databases referred to in subsection (1) must contain—

(a) such information as may be prescribed concerning—

(i) competency certificates, licences, authorisations and permits, as well as

renewals and cancellations thereof;

(ii) applications for competency certificates, licences, authorisations and

permits and any renewal applications which have been refused in terms

of this Act;

(iii) transfers of firearms effected in terms of this Act;

(iv) imports and exports of firearms and ammunition in terms of this Act;

(v) the transport of firearms and ammunition in terms of this Act; and

(vi) the loss, recovery, theft or destruction of firearms.

(b) all original documentation submitted in support of all applications made in

terms of this Act;

(c) a record of all licensed dealers, manufacturers, gunsmiths, importers and

exporters, transporters for reward, accredited institutions, organisations and

all firearms and ammunition in their possession;

(d) a record of all firearms in the possession of Official Institutions;

(e) a record of the acquisition, transfer, loss, theft or destruction in respect of

firearms in the possession of Official Institutions;

(f) a record of all firearms recovered, forfeited to the State or destroyed;

(g) the fingerprints which have been submitted for purposes of an application in

terms of this Act; and

(h) any other documentation and information as may be prescribed.

Certificate signed by Registrar to constitute prima facie evidence

126. Any document containing information contemplated in section 125 and

purporting to be a certificate signed by the Registrar is, upon production in a court by

any person, prima facie evidence of the facts stated therein.

Appointment and functions of Head of Office of Central Firearms Register

127. (1) The Registrar must, with the approval of the Minister, designate a police

official as Head of the Office of the Central Firearms Register.

(2) The Head of the Office of the Central Firearms Register—

(a) must manage the Office of the Central Firearms Register;

(b) must perform the duties assigned to him or her by the Registrar; and

(c) may exercise such powers as may be delegated to him or her by the Registrar.

Establishment of Appeal Board

128. (1) An Appeal Board is hereby established.

(2) The Appeal Board consists of no more than five members who must be appointed

by the Minister and who, when viewed collectively, must as far as possible be broadly

representative of the population of the Republic.

Conditions of service, remuneration and allowances of members of Appeal Board

129. (1) The period and conditions of office, remuneration and allowances of the

members of the Appeal Board are as prescribed by the Minister with the approval of the

Minister of Finance.

(2) (a) The Minister may at any time withdraw the appointment of a member of the

Appeal Board if there is sufficient reason for doing so.

(b) A member may resign by notice in writing to the Minister.

Quorum, meetings and procedure of Appeal Board

130. (1) The quorum for, the procedure at, and the holding of meetings of the Appeal

Board are as prescribed.

(2) The Appeal Board may establish such committees consisting of members of the

Appeal Board as may be prescribed to perform the duties assigned to them by the Appeal

Board and to exercise such powers as may be delegated to them by the Appeal Board.

Administrative work of Appeal Board

131. The administrative work of the Appeal Board must be performed by such

members of the South African Police Service as may be designated by the National

Commissioner.

Establishment of Ministerial Committees

132. (1) The Minister may establish such committees as may be appropriate to assist

him or her, or any other person appointed in terms of this Act, in respect of any matter

dealt with in this Act.

(2) The composition and functions of the committees may be determined by the

Minister.

(3) The conditions of office, remuneration, allowances and other benefits of members

of the committees may be prescribed by the Minister with the approval of the Minister

of Finance.

CHAPTER 18

RIGHT OF APPEAL

Right of appeal

133. (1) Any person—

(a) whose application for a competency certificate, licence, permit or

authorisation in terms of this Act has been refused;

(b) whose competency certificate, licence, permit, or authorisation has been

cancelled;

(c) whose licence, permit or authorisation has been issued subject to any

condition; or

(d) who has received a notice of an administrative decision in terms of this Act

which may detrimentally affect his or her rights,

may, in the prescribed manner, appeal to the Appeal Board.

(2) The Appeal Board may confirm, vary or reverse any decision against which an

appeal has been lodged in terms of this section.

(3) The Appeal Board may admit evidence of facts not before the Registrar when he

or she made the decision which is the subject of the appeal only if—

(a) there is a reasonable explanation for the failure timeously to inform the

Registrar of the facts; and

(b) the Registrar has had sufficient opportunity to verify the facts and to present

any evidence to the Appeal Board in this regard.

(4) Subject to the provisions of this Act, no person is excused from complying with

any of the provisions of this Act on the ground that an appeal is pending in terms of this

section.

CHAPTER 19

COMPENSATION

Circumstances where no compensation is payable in respect of firearms and

ammunition forfeited to State

134. No compensation is payable to a person in respect of a firearm or ammunition

forfeited to the State in terms of this Act—

(a) if the relevant licence, permit or authorisation was cancelled in terms of this

Act because the holder of the licence had contravened or not complied with a

provision of this Act or a condition specified in that licence, permit or

authorisation; or

(b) if the holder of the licence, permit or authorisation became or was in terms of

section 102 or 103 declared unfit to possess a firearm.

Circumstances where no compensation is payable in respect of firearms and

ammunition seized by State

135. (1) No compensation is payable to a person from whom a firearm or ammunition

was seized by the State if—

(a) no licence, permit or authorisation had been issued for such firearm or

ammunition to that person in terms of this Act; or

(b) the firearm or ammunition was for any other reason unlawfully in the

possession of that person.

(2) The lawful owner of a firearm or ammunition lost or stolen as a result of his or her

negligence is not entitled to claim compensation if such firearm or ammunition is

subsequently seized by the State from another person.

No compensation payable where firearms or ammunition are destroyed by State

136. (1) The Registrar may in respect of any firearm or ammunition seized by,

surrendered to or forfeited to the State, issue a notice in the Gazette stating that it is the

intention of the State to destroy that firearm or ammunition.

(2) Any person who has a valid claim to the relevant firearm or ammunition may,

within 21 days after the publication of the notice in the Gazette, make representations to

the Registrar as to why the firearm or ammunition should not be destroyed.

(3) If the Registrar is satisfied, after consideration of any representations contemplated

in subsection (2), that a valid claim to the relevant firearm or ammunition has not

been proved, the firearm or ammunition may be destroyed and no compensation will be

payable to anyone in respect thereof.

Application for compensation

137. (1) A person whose firearm has been surrendered or forfeited to the State in

circumstances other than those referred to in sections 134, 135 and 136 may apply to the

Registrar for compensation in respect of that firearm in the prescribed form.

(2) On receipt of an application for compensation made in terms of this section, the

Registrar must—

(a) decide whether or not compensation is payable in terms of this Chapter;

(b) if compensation is payable, attempt to agree with the applicant on the amount

of compensation to be paid; and

(c) if compensation is payable, but no compensation is agreed upon, determine

the amount of compensation to be paid.

(3) An applicant for compensation may appeal against a decision of the Registrar

made in terms of subsection (2)(c).

(4) On receipt of an appeal lodged in terms of subsection (3) the Appeal Board must—

(a) hear the applicant and the Registrar; and

(b) determine the amount of compensation to be paid.

(5) The Minister must, with the approval of the Minister of Finance, establish

guidelines for the payment of compensation, taking into account the—

(a) financial constraints on the State and its ability to meet actual and anticipated

claims for compensation; and

(b) interests of persons who have applied or may in the future apply for

compensation.

(6) The guidelines referred to in subsection (5) bind—

(a) the Registrar when he or she agrees or determines compensation in terms of

subsection (2); and

(b) the Appeal Board when it determines compensation in terms of subsection (4).

(7) A person who is not satisfied with the amount of compensation or the time or

manner of payment as determined by the Appeal Board, may approach a court to

determine the amount, the time and the manner of payment of the compensation.

CHAPTER 20

SPECIAL POWERS RELATING TO AMNESTIES AND

FIREARM-FREE ZONES

Definition

138. In this Chapter ‘‘amnesty’’ means an indemnity against prosecution for the

unlawful possession of a firearm or ammunition.

Amnesty

139. (1) The Minister may, by notice in the Gazette, declare an amnesty if—

(a) the amnesty may result in the reduction of the number of illegally possessed

firearms in South Africa; and

(b) it is in the public interest to do so.

(2) A notice contemplated in subsection (1)—

(a) will only be valid if it is approved by Parliament;

(b) must specify the period during which persons may apply for amnesty; and

(c) must specify the conditions under which amnesty may be granted.

(3) A person who surrenders a firearm or ammunition in compliance with a notice

published in terms of subsection (1), may not be prosecuted in relation to—

(a) the firearm, for having been in possession of that firearm without the

appropriate licence, permit or authorisation; or

(b) the ammunition, for having been in possession of that ammunition without

having been in lawful possession of a firearm capable of discharging the

ammunition.

(4) (a) A person who surrenders a firearm in compliance with a notice published in

terms of subsection (1) may apply in terms of this Act for a licence in respect of that

firearm.

(b) If a licence is granted, the firearm and ammunition, if any, surrendered in terms of

this Act must be returned to the holder of the licence.

(5) The Registrar must dispose of any firearm or ammunition surrendered in

compliance with a notice in terms of subsection (1) in such manner and after the expiry

of such period as may be prescribed.

Firearm-free zones

140. (1) The Minister may, after consultation with the National Commissioner and the

Secretary for Safety and Security, by notice in the Gazette declare any premises or

categories of premises to be firearm-free zones, if it is—

(a) in the public interest; and

(b) in accordance with the objects of this Act.

(2) Unless authorised to do so in terms of a notice issued under subsection (1), no

person may—

(a) allow any firearm or ammunition to be in a firearm-free zone;

(b) carry any firearm or ammunition in a firearm-free zone; or

(c) store any firearm or ammunition in a firearm-free zone.

(3) A police official may, without warrant—

(a) search any building or premises in a firearm-free zone if he or she has a

suspicion on reasonable grounds that a firearm or ammunition may be present

in the firearm-free zone in contravention of a notice issued in terms of

subsection (1);

(b) search any person present in a firearm-free zone; and

(c) seize any firearm or ammunition present in the firearm-free zone or on the

person in contravention of a notice issued in terms of subsection (1).

CHAPTER 21

GENERAL PROVISIONS

Delegation of powers and assignment of duties

141. (1) The Registrar may delegate any power conferred on him or her and assign

any duty imposed on him or her by or under this Act to any official in the service of the

State.

(2) An official to whom a power has been delegated or a duty has been assigned in

terms of subsection (1) must exercise the power or perform the duty subject to the

control and directions of the Registrar.

(3) The Registrar may, notwithstanding a delegation or assignment in terms of

subsection (1), personally exercise the power or perform the duty delegated or assigned

to another official.

Designation as police officials

142. For purposes of this Act, the Minister may in writing designate any person or any

category of persons employed by the State, as police officials.

Service of documents

143. (1) Any notice or other document to be served on or given to any person in terms

of this Act may be—

(a) delivered by hand to that person;

(b) left at that person’s usual or last known place of residence or business;

(c) left at an address specified by that person for the purpose of any application

made in terms of this Act;

(d) posted by certified mail addressed to that person by name at that person’s last

known place of residence or business or at a postal address specified by that

person for the purpose of any application made in terms of this Act;

(e) delivered to any legal representative or other agent of that person who is duly

authorised by that person to receive it;

(f) if the relevant person is deceased, delivered to that person’s legal representative

or to the executor of his or her estate; or

(g) if the relevant person is absent from South Africa, delivered to that person’s

legal representative or agent in South Africa or served in such manner as may

be prescribed by regulation.

(2) This section does not apply to notices or other documents served or given during

the course of any proceedings in a court of law or to notices in terms of section 122.

Return of service

144. A document purporting to be signed by a police official, or person designated

under section 142, indicating that the service was effected in accordance with section

143(1) by the person who has signed the document, is upon production in a court by any

person, prima facie evidence of service of the document.

Regulations

145. (1) The Minister may, by notice in the Gazette, make regulations regarding—

(a) anything that may or must be prescribed in terms of this Act;

(b) the surrendering of firearms and ammunition to the South African Police

Service;

(c) the production of any firearm to which any application relates for the purpose

of identification, and the discharging of ammunition for identification

purposes;

(d) the determination and payment of fees payable in respect of the issue or

renewal of any competency certificate, licence, permit or authorisation or in

respect of anything else for which a fee may be charged in terms of this Act;

(e) the fees or remuneration which may be charged by dealers in respect of any

firearm, or other device, required to be disposed of through a dealer in terms

of this Act;

(f) the security of any premises at which dealers, manufacturers, gunsmiths,

importers and exporters of firearms and ammunition, Official Institutions or

persons who use firearms for business purposes conduct business, including

precautions and procedures to be taken to prevent the theft or unlawful use of

firearms and ammunition in the possession of such persons;

(g) precautions to be taken in respect of the carriage, use, safe custody or

destruction of firearms and ammunition;

(h) the surrender and disposal of competency certificates, licences, permits or

authorisations issued in terms of this Act which have been suspended, revoked

or cancelled or which have ceased to be valid;

(i) the notification of change of address;

(j) the acquisition, disposal, possession, import or export of equipment and

material designed for the loading of ammunition;

(k) the taking of fingerprints;

(l) the periods for and the manner in which, and by whom, documentation

contemplated in this Act must be retained;

(m) the training and testing and such other measures as may be necessary to ensure

the competency of employees of an Official Institution who may possess and

use firearms under the control of the Official Institution; and

(n) generally with regard to any other matter which it is necessary or expedient to

prescribe in order to achieve or promote the objects of this Act.

(2) A regulation may provide for a penalty for any contravention thereof or failure to

comply therewith, of a fine or imprisonment for a period not exceeding 12 months or

both a fine and such imprisonment.

(3) A regulation regarding the determination of fees may be made only with the

approval of the Minister of Finance.

(4) In making regulations, other than those relating to the payment of fees, the

Minister may differentiate between different areas in South Africa.

Disposal of firearms in case of ceasing to carry on business

146. If a person who holds a licence issued in terms of section 20 or who holds a

licence, permit or authorisation contemplated in Chapter 7 or 8, ceases to carry on

business for any reason, the firearms and ammunition in possession of that person must

be kept in safe custody by the person and at the place designated by the Registrar, until

they are disposed of as prescribed.

Disposal of firearms in case of death

147. (1) In the case of the death of the holder of a firearm licence, the firearm in

question must be disposed of as prescribed.

(2) The executor of the estate of a deceased person who comes into possession of a

firearm licensed to the deceased must store the firearm as prescribed.

Inherited firearms

148. (1) A person who inherits a firearm must—

(a) if he or she wishes to keep the firearm, apply for an appropriate licence, permit

or authorisation in terms of this Act; or

(b) if he or she does not wish to acquire the firearm, or fails to obtain the

appropriate licence, permit or authorisation, have the firearm deactivated or

dispose of it in terms of this Act.

(2) The Registrar may issue a temporary authorization contemplated in section 21, to

allow a person who inherits a firearm a reasonable time to dispose of it.

Compulsory destruction of firearms by State

149. (1) A firearm may only be destroyed as prescribed.

(2) Any firearm or ammunition forfeited to the State in terms of this Act—

(a) must be destroyed by the State within six months of the date of the forfeiture

or after all possible appeals have been concluded or the last date on which any

appeal could have been noted has passed without an appeal having been noted,

whichever occurs last; and

(b) remains the property of the owner thereof until its destruction.

(3) (a) Despite subsection (2), the State may retain any firearm or ammunition

forfeited to the State, which the Registrar deems to be of special value.

(b) Any firearm or ammunition retained by the Registrar in terms of paragraph (a)

becomes the property of the State when the Registrar informs the former owner of the

firearm of that fact.

(c) Subject to Chapter 19, the former owner of any firearm or ammunition which

becomes the property of the State in terms of paragraph (b) may apply for compensation

in terms of this Act.

Deactivation of firearms

150. (1) For purposes of this section ‘‘to deactivate’’ means to render permanently

inoperable and ‘‘deactivation’’ has a corresponding meaning.

(2) A firearm may only be deactivated by a gunsmith in the prescribed manner.

(3) If a firearm is deactivated by a gunsmith—

(a) the gunsmith must issue a certificate to that effect indicating the manner in

which the deactivation was performed;

(b) the holder of the licence in respect of the firearm in question must notify the

Registrar within 14 days after such deactivation, and at the same time forward

to the Registrar a copy of the deactivation certificate; and

(c) the gunsmith must notify the Registrar within 14 days after any deactivation

done by him or her, and at the same time forward to the Registrar a copy of the

deactivation certificate.

(4) (a) The Minister may, by notice in the Gazette, determine that a certificate of

deactivation which is valid in a country other than the Republic is a valid certificate of

deactivation in the Republic.

(b) A notice contemplated in paragraph (a) must be approved by Parliament before

publication thereof.

Jurisdiction of magistrates’ courts

151. Despite any law to the contrary, any magistrates’ court has jurisdiction to impose

any penalty provided for in terms of this Act.

Act binds State

152. This Act binds the State.

Repeal of laws

153. Subject to Schedule 1, the laws mentioned in the Column 1 of Schedule 3 are

hereby repealed to the extent mentioned in Column 3 of Schedule 3.

Short title and commencement

154. This Act is called the Firearms Control Act, 2000, and comes into effect on a date

to be fixed by the President by proclamation in the Gazette.

SCHEDULE 1

TRANSITIONAL PROVISIONS

Existing licence to possess an arm

1. (1) Subject to subitem (2) and item 11, any licence which was issued in terms of the

previous Act and which was valid immediately before the date of the commencement of

this Act, remains valid for a period of five years from the date on which this Act comes

into operation, unless such licence is terminated, cancelled or surrendered in terms of

this Act.

(2) (a) The holder of a licence to possess an arm contemplated in subitem (1) must,

before the end of the period contemplated in that subitem, in a lawful manner dispose of

any firearms in his or her possession in excess of the number that he or she may lawfully

possess in terms of this Act.

(b) For the purpose of paragraph (a), section 31(2) does not apply.

(3) Any firearm not disposed of as contemplated in subitem (2) may be forfeited to the

State and must be disposed of in the prescribed manner.

Existing dealer’s licence

2. Subject to item 11, any licence issued in terms of section 19(1) of the previous Act

or transferred in terms of section 20 of that Act or any temporary licence issued in terms

of section 19A(1) of the previous Act, which was valid immediately before the date of

commencement of this Act, remains valid for one year from that date, unless it is

terminated, cancelled or surrendered in terms of this Act.

Existing permit for importation or exportation of arms and ammunition

3. Subject to item 11, any permit issued in terms of section 26(1) or 32(1) of the

previous Act, which was valid immediately before the commencement of this Act,

remains valid for the period specified in that permit, unless terminated, cancelled or

surrendered in terms of this Act.

Existing permit for manufacture of arms and ammunition

4. Subject to item 11, any permit issued in terms of section 30 of the previous Act,

which was valid immediately before the commencement of this Act, remains valid for

one year from that date, unless terminated, cancelled or surrendered in terms of this Act.

Existing authorisations and certain existing permits

5. Subject to item 11, any authorisation issued in terms of section 3(5) or 33A(1) of

the previous Act or any permit issued in terms of the previous Act other than a permit

contemplated in item 3 or 4, which was valid immediately before the commencement of

this Act, remains valid for the period specified in the authorisation or permit, as the case

may be, unless terminated, cancelled or surrendered in terms of this Act.

Person unfit to possess a firearm

6. (1) Any person declared to be unfit to possess an arm in terms of the previous Act

must be regarded as having been declared unfit to possess a firearm in terms of this Act.

(2) Despite items 1, 2, 3, 4 and 5, any person holding a licence contemplated in any

of those items may in terms of this Act become or be declared unfit to possess a firearm.

Register in terms of previous Act to be kept by Registrar

7. (1) The register kept in terms of section 42 of the previous Act must be maintained

by the Registrar for such period as may be necessary.

(2) A certificate purporting to be signed by the Commissioner or any person acting

under his or her authority stating any fact recorded in the register referred to in subitem

(1) is upon production in a court by any person, prima facie evidence of the fact so

stated.

Matters pending under previous Act

8. (1) Subject to subitems (2) and (3), this Act does not affect any proceedings

instituted in terms of the previous Act which were pending in a court of law immediately

before the date of commencement of this Act, and such proceedings must be disposed of

in the court in question as if this Act had not been passed.

(2) Proceedings contemplated in subitem (1) must be regarded as having been

pending if the person concerned had pleaded to the charge in question.

(3) No proceedings may continue against any person in respect of any contravention

of a provision of the previous Act if the alleged act or omission constituting the offence

would not have constituted an offence if this Act had been in force at the time when the

act or omission took place.

(4) (a) Despite the repeal of the previous Act, any person who, before such repeal,

committed an act or omission which constituted an offence under that Act and which

constitutes an offence under this Act, may after this Act takes effect be prosecuted under

the relevant provisions of this Act.

(b) Despite the retrospective application of this Act as contemplated in paragraph (a),

any penalty imposed in terms of this Act in respect of an act or omission which took

place before this Act came into operation may not exceed the maximum penalty which

could have been imposed on the date when the act or omission took place.

Investigations by Commissioner under previous Act

9. (1) An investigation by the Commissioner in terms of the previous Act which has

not been completed when this Act commences, must be discontinued.

(2) Any act or omission committed prior to the coming into operation of this Act,

which constituted grounds for declaring a person unfit to possess an arm, must be

regarded as constituting grounds for declaring a person unfit to possess a firearm in

terms of this Act.

Consideration of validity of existing licence, permit and authorization

10. (1) Despite this Schedule, the Registrar may at any time notify any person who

holds a licence, permit or authorisation contemplated in item 1, 2, 3, 4 or 5 that he or she

intends investigating the validity of that licence, permit or authorisation.

(2) The person notified must on a date specified in the notice furnish the Registrar—

(a) with the original licence, permit or authorisation in question, against the issue

of a receipt; and

(b) with such additional information as may be required in terms of the notice.

(3) If the Registrar finds that the licence, permit or authorisation was not validly

issued, the holder of the licence, permit or authorisation must, if applicable and against

the issue of a receipt, surrender the firearm in question to a police official at a police

station specified by the Registrar in a written notice to the holder.

(4) The firearm must be disposed of as prescribed after the expiration of a period of

six months after the date of surrender or after all possible appeals have been concluded

or the last date on which any appeal could have been noted has passed without an appeal

having been noted, whichever occurs last.

(5) The Registrar may declare the holder referred to in subitem (3) to be unfit to

possess a firearm, in which case the provisions of Chapter 12 of this Act apply with the

necessary changes.

(6) Any person who fails to comply with subitem (2) or (3) is guilty of an offence and

is liable on conviction to a fine or to imprisonment for a period not exceeding one year

or to both a fine and such imprisonment.

Renewal of licence

11. (1) (a) The holder of a licence, permit or authorisation contemplated in item 1, 2,

3, 4 or 5 must apply for the corresponding licence, permit or authorisation in terms of

this Act within the period determined by the Minister by notice in the Gazette.

(b) Different periods may be determined in terms of paragraph (a) in respect of—

(i) different licences, permits or authorisations; and

(ii) holders whose surnames start with different letters of the alphabet, or whose

dates of birth fall in different months.

52

(c) The period contemplated in paragraph (a) must end before the end of the relevant

period contemplated in item 1(1) and may not exceed the periods contemplated in item

2, 3, 4 or 5.

(d) If an application for the renewal of a licence, permit or authorisation has been

lodged within the period provided for in this section, the licence, permit or authorisation

remains valid until the application is decided.

(2) An application for a licence, permit or authorisation contemplated in subitem (1)

must in addition to any requirement in terms of this Act be accompanied by—

(a) a certified copy of the existing licence, permit or authorisation;

(b) such other information as may be required.

(3) For purposes of this item, section 9(2)(r) does not apply.

(4) Any holder of a licence, permit or authorisation who fails to apply for the renewal

of his or her licence, permit or authorisation before the end of the period determined by

the Minister in terms of subitem (1), is guilty of an offence and liable on conviction to

a fine or to imprisonment for a period not exceeding one year or to both a fine and such

imprisonment.

53

SCHEDULE 2

CRIMES AND OFFENCES GIVING RISE TO UNFITNESS

ENQUIRY BY COURT

(Section 103(2))

1. High treason

2. Sedition

3. Malicious damage to property

4. Entering any premises with the intent to commit an offence under the common

law or a statutory provision

5. Culpable homicide

6. Extortion

7. Any crime or offence—

(a) in terms of this Act or the previous Act, in respect of which an accused

was not sentenced to a period of imprisonment without the option of a

fine;

(b) in terms of the Domestic Violence Act, 1998 (Act No. 116 of 1998), in

respect of which an accused was not sentenced to a period of

imprisonment without the option of a fine;

(c) involving violence, sexual abuse or dishonesty, in respect of which an

accused was not sentenced to a period of imprisonment without the

option of a fine; or

(d) in terms of the Explosives Act, 1956 (Act No. 26 of 1956), in respect of

which an accused was not sentenced to a period of imprisonment without

the option of a fine.

8. Any conspiracy, incitement or attempt to commit any offence referred to in this

Schedule

Schedule 3

Laws repealed

(Section 153)

No. and year of Act Short title Extent of repeal

Act No. 75 of 1969 Arms and Ammunition Act, 1969 The whole

Act No. 80 of 1971 General Law Amendment Act, 1971 Section 25

Act No. 35 of 1973 Arms and Ammunition Amendment Act, 1969 The whole

Act No. 94 of 1974 Second General Law Amendment Act, 1974 Section 48

Act No. 16 of 1978 Arms and Ammunition Amendment Act, 1978 The whole

Act No. 19 of 1983 Arms and Ammunition Amendment Act, 1983 The whole

Act No. 60 of 1988 Arms and Ammunition Amendment Act, 1988 The whole

Act No. 30 of 1990 Arms and Ammunition Amendment Act, 1990 The whole

Act No. 79 of 1991 Arms and Ammunition Amendment Act, 1991 The whole

Act No. 117 of 1992 Arms and Ammunition Acts Amendment Act, 1992 The whole

Act No. 65 of 1993 Arms and Ammunition Amendment Act, 1993 The whole

Act No. 177 of 1993 Arms and Ammunition Second Amendment Act, 1993 The whole

Act No. 7 of 1995 Arms and Ammunition Amendment Act, 1995 The whole

SCHEDULE 4

PENALTIES

(Section 121)

Section Maximum period of

Imprisonment

3 15 years

4 25 years

12(3) Two years

13(4) Two years

14(5) Five years

15(4) Two years

16(3) Two years

16(4) Two years

17(3)(a) Two years

17(3)(b) Three years

17(4) Two years

18(2)(b) Five years

18(3) Five years

18(4)(a) Two years

18(4)(b) Three years

19(3) Five years

19(4)(a) Two years

19(4)(b) Three years

19(5) Five years

19(6) Five years

20(4) Five years

20(5)(a) Five years

20(5)(b) 25 years

20(6)(a) Five years

20(6)(b) Five years

20(7) Two years

20(8) Two years

21(4) Two years

21(5) Five years

23(5) 10 years

23(6) Five years

25(1) Two years

26(1) Two years

28(4) 10 years

28(5) 10 years

29(1) Two years

29(2) Two years

31(1) 25 years

31(2) 25 years

31(3) 15 years

32(2) Four years

36(6) Two years

38 Two years

39(1) Four years

39(2) Four years

39(3) Five years

39(4) Two years

39(5) Three years

39(6) Three years

39(8) Three years

39(9) 15 years

41(4) 25 years

42(4) 25 years

42(5) 25 years

44(1) Two years

Section Maximum period of

imprisonment

44(2) Two years

45(1) 25 years

45(2) 25 years

50(6) Two years

52 Two years

53(1) Four years

53(2) Five years

53(3) Three years

53(4) Two years

53(5) Two years

53(6) Three years

53(7) 15 years

55(4) 25 years

56(4) 25 years

56(5) 25 years

58(1) Two years

58(2) Two years

59 15 years

64(6) Two years

66 Two years

67(1) Two years

67(2) Five years

67(3) Two years

67(4) Three years

67(5) Three years

67(7) Three years

67(8) 15 years

69(4) 25 years

70(4) 25 years

70(5) 25 years

72(1) Two years

72(2) Two years

73(1) 15 years

73(2) 15 years

78(1) Two years

78(2) Three years

78(3) Three years

78(4) 15 years

80(4) 25 years

82(1) Two years

82(2) Two years

83 15 years

84 Two years

85(1) 25 years

87(1) Two years

87(2) Two years

87(3) Two years

88(2) 25 years

90 15 years

91(1) 10 years

93(2) 10 years

93(3) 10 years

94(2) Five years

94(3) Two years

98(1) Two years

98(5) Two years

98(7) Two years

104(2) 15 years

106(1) Two years

107(1) 10 years

107(2) One year

Section Maximum period of

imprisonment

108(1) One year

120(2) 15 years

120(3) Five years

120(4) Three years

120(5) Three years

120(6) 10 years

120(7) Five years

120(8) Five years

120(9) Five years

120(10)(a) 10 years

120(10)(b) 25 years

120(11) 10 years

120(12) Five years

140(2)(a) Five years

140(2)(b) 10 years

140(2)(c) 25 years

146 15 years

147(1) Five years

147(2) Five years

147(3) Five years

147(4) 15 years

148 25 years

149(1) 10 years

150(2) Five years

150(3)(a) Two years

150(3)(b) Two years

150(3)(c) Two years

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