Section 21 Authorisation to Posses Permit

DS · 17-03-2009, 10:02

Section 21 of Act 60 of 2000 (FCA) stipulates:

21 Temporary authorisation to possess firearm

(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.

In the March issue of Wild & Jag / Game & Hunt page 19 Adv Willem Smit writes a short article iro Section 21 - it boils down to the fact tha if one is (Section 10 of the FCA) competent one can apply for a temporary permit ito of Section 21 to possess and use a firearm.
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The permits are considered and issued on Provincial level and not by CFR.
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The SAPS must consider and processed within 7 days
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The cost per permit is R140
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If SAPS declines the application for such a permit the applicant can appeal to the Local Equality Court ito Act 4 of 2000
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The writer has applied and received 7 such permits in the last 18 months.

I do not have any experience in this matter but I think it would be of utmost ineterest and importance for guys waiting months for licenses and missing those all important hunting trips and or sporting events.

**KK20** · 17-03-2009, 10:05

thank you for an important aspect that is often 'grey'

**Glock Goblin** · 30-03-2009, 14:20

Local DFO refuses to issue section 21 stating that it becomes very problematic to refuse a licence once a section 21 has been granted (I understand the thinking - even though I do not like it).
My question is this can the local DFO refuse to issue, or MUST he forward it to province who then consider the facts/merit and issue or decline.
This is how I read the act, and I think this DFO is acting outside his authority.

Comments please . . .

**Just Plain Phil** · 30-03-2009, 15:02

The DFO must, yes MUST forward it.

The DFO in question more than likely has a God complex, if he refuses contact his Provincial Office.

**kurly** · 31-03-2009, 07:24

I am intrigued by this Section 21 Authorisation.

Can anybody give examples of how and when you can make use of this part of the act?

**J-Man** · 16-04-2009, 14:13

Has anyone tried approach on this forum, and if so what level of motivation does one need to put together?

I'm going to contact my DFO this afternoon, and see what they have to say...

**SSP** · 16-04-2009, 15:37

Originally Posted by J-Man

Has anyone tried approach on this forum, and if so what level of motivation does one need to put together?

I'm going to contact my DFO this afternoon, and see what they have to say...

Same as an ordinary motivation, but you have to include a section on urgency. That is to say, why you need it now.

**J-Man** · 17-04-2009, 13:37

So I got hold my DFO today, who was clueless as to how this process works (we're out in the styx so its not surprising I suppose)

After chatting to our Station Commander he said he'd contact the Provincial Commander (PC) to ask how the process works. Feedback from the PCl was as follows:

Yes, one can apply under Section 21, and one pretty much needs to submit everything you would normally submit. The PC says they will not approve the temporary permit on their own, but will refer it to CFR. It won't take 7 days. There is a reasonable chance it will be approved.

However, if it is approved (and this is the odd part which my Station Commander couldn't understand), their is a good chance the permanent application will be declined on the basis that a license is already granted for that firearm, so its "up to you if you want to take the chance".

wtf does this mean? They couldn't clarify whether it could be denied as a result of clerical error, or whether this is actually grounds for refusal (which I find impossible to believe).

So bottom line is that it seems that Provincial are passing the buck on this one to the CFR, and again discouraging people from even trying.

Anyone else in EC got any feedback different to this?

**Corné** · 17-04-2009, 14:16

J-Man,

I am going to prepare my Section 21 Applications for two handguns for sport use over the weekend and somewhere is next week submit them in PE. Will then see how they react and what will happen. I think that this specific issue is a bit unknown to quite a bit of people and thus confusion.

DS · 17-04-2009, 14:25

All BS!!! imo.

Obtain the article I referred to, accridng to it and the author who has obtained 7 such permits:

The Sect 21 has no bearing on the licence app.

The Sect 21 is a prov matter.

They have to approve or decline the app in 7 days.

If declined or not handled in 7 days and it's important enough to you go to your local Equality court (Magistrates Court) for help and relief.