Carrying S16 for SD

**DirkB** · 10-12-2021, 13:46

I know this horse has been flogged to death and beyond but have any of you seen this doing the rounds? Took some screenshot from the document. Don't know the attorney, perhaps someone here knows him of knows of him?

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**DirkB** · 10-12-2021, 13:48

I see now it was created in 2017 so it has been around for a while.

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**DirkB** · 10-12-2021, 14:09

...

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**JhbBoy** · 10-12-2021, 16:10

Want the whole doc?

DM me your email address and I'll send to you

**DirkB** · 11-12-2021, 07:38

I have the whole doument, thank you! It's just nice to have something tangible that you can show someone that is misinformed.

**BradTH** · 12-12-2021, 18:29

This is the document that is or was circulated by NHSA. I believe that a S16 firearm can be used for SD purposes, if that firearm is on hand ......... say for example if you on your way to the range or from it and you get hijacked and you have to use the firearm.
I however do not believe that the S16 should be carried as a SD firearm ....... for that reason you should get a S13 licence.

**mic** · 12-12-2021, 18:39

BradTH, I strongly disagree.

The law makes it explicitly clear that I can use my S15, S16 or S17 gun "where it is safe to use the firearm and for a lawful purpose"

I have carried my S17, S16 and S15 handgun for SD purpose on occasion.

Just like I have attended a SADPA match with my S17 pistol.
And have also legally used my S13 firearm for sport purpose...
The FCA actually makes provision for it.

**Grobbie** · 12-12-2021, 18:50

Originally Posted by BradTH

This is the document that is or was circulated by NHSA. I believe that a S16 firearm can be used for SD purposes, if that firearm is on hand ......... say for example if you on your way to the range or from it and you get hijacked and you have to use the firearm.
I however do not believe that the S16 should be carried as a SD firearm ....... for that reason you should get a S13 licence.

Each section has this added. No 4

As long as you have the licence correctly you. And use it for a lawful purpose your are within the law.

Another thing is if I understand it correctly laws are interpreted explicitly. If we were not allowed to use it for a specific purpose, it would need to have been included in the act.

This whole argument has been debated in detail on a previous thread as well.

What I suspect you need to worry more about is the actual valid reason for using the firearm instead of the type of section it is licensed under.

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**DirkB** · 12-12-2021, 18:59

The law further provides that:

• The act performed by the accused must already have been recognised as a crime at the time of its commission (the ius praevium principle);

• The law should formulate crimes clearly, avoiding any vagueness (the ius certum principle);

I'm obviously not a lawyer but the second part will surely make it difficult to charge someone for carrying a S16 FA.

**BradTH** · 12-12-2021, 19:06

Originally Posted by Grobbie

Each section has this added. No 4

As long as you have the licence correctly you. And use it for a lawful purpose your are within the law.

Another thing is if I understand it correctly laws are interpreted explicitly. If we were not allowed to use it for a specific purpose, it would need to have been included in the act.

This whole argument has been debated in detail on a previous thread as well.

What I suspect you need to worry more about is the actual valid reason for using the firearm instead of the type of section it is licensed under.
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I am aware of the subsections you refer to, and yes, the reason for using your firearm is more important than the sec the firearm is licenced under.
I have always held that unless a court of law clarifies issues of interpretation or opinions, all interpretations and opinions made by "experts" or SC are only that ........... their opinions or interpretations.