Dear Member

PROTECT YOURSELF AGAINST BEING CRIMINALISED !!!!

Please take a little time to read this and be certain that you comply with the prescriptions of the firearms licensing process post 31 March 2009.

There is a multitude of rumours and a fair amount of uncertainty among firearm owners regarding the right or wrong re the licensing of firearms post 31 March 2009.

Below are the legally correct facts as they transpired from various discussions held with SAPS officials, and specifically with Dir Jaco Bothma who is in charge of the Central Firearms Registry, and thus responsible for the legal administration of the firearms licensing process. Adhere thereto as these are the legal positions you as firearms owner are subject to.

Fact: There will be no extension of any cut-off date regarding the implementation of the Firearms Control Act, 2000 (Act 60 of 2000 as amended), which comes into full force at 00:01 on 1 July 2009.

Fact: All firearm licences issued in terms of the previous Act (1969) become redundant at 24:00 on the night of 30 June 2009.

TAKE NOTE THAT DIR BOTHMA HAS ISSUED DIRECTIVES IN TERMS OF WHICH PERSONS WHO HOLD FIREARMS ILLEGALLY FROM 00:01 ON 1 JULY 2009 MUST BE ARRESTED AND PROSECUTED FOR BEING IN POSSESSION OF ILLEGAL FIREARMS – IF FOUND GUILTY YOU CAN BE SENT TO PRISON FOR 15 YEARS.

Private firearms owners who legally held firearms in terms of the 1969 Act had between 1 July 2004 and 1 July 2009 as an interim time measure to renew the licences of such firearms per prescribed process (end of March renewal applications in 2006, 2007, 2008 and 2009) in order to keep such firearms legally under the Firearms Control Act, 2000 (Act 60 of 2000), generally known as the new firearms Act (FCA).

Only applications for renewals of people who can show that they were (1) overseas (out of country); (2) were ill or can show very good personal reason for not participating in the process in the prescribed time, or; (3) can prove that something happened absolutely outside their control or with the SAPS station where they had to apply so that the individual could not hand in his/ her renewal, will be accepted after 31 March 2009.

If firearm owners who held firearms legally under the 1969 Act did not renew such firearm licences, they have a number of options to act in with such firearms in order to ascertain that they will not on 1 July 2009 when the new Act (FCA) “comes into full force” be in possession of illegal firearms. These actions are (if you are such a firearm owner you can still do this until 30 June 2009):
• Sell or make over such firearm to a person who could apply for licensing of such firearm as a new firearm, to get the firearm off one’s name if the new licence was issued before 24:00 on 30 June 2009 ( however see implications of this action below );
• Sell or make over such firearm to a firearms dealer and get the firearm off one’s name before 1 July 2009;
• Hand in the firearm at the SAPS as redundant or because the person did not want to participate in the new process, to get the firearm off one’s name before 24:00 on 30 June 2009 – such firearms are willingly forfeited to the state, or;
• De-activate the specific firearm according to a legal process and keep the de-activated firearm as a heirloom or item of personal worth before 24:00 on 30 June 2009.

Thus firearms in possession of private firearm owners can as from 00:01 on the morning of 1 July 2009 only be held legally if these are:

a. Firearms for which renewal licences have been issued under Act 60 of 2000 (thus the owner had been issued with a competency card and is in possession of the white drivers licence type plastic licence for each firearm for which the licence was renewed).
b. Firearms for which new licences have been issued in terms of Act 60 of 2000 (thus the “new” owner had been issued with a competency card and is in possession of the white drivers licence type plastic licence for each such firearm for which a new licence was issued).
c. Firearms for which owners have applied for renewal of licences and which renewal licences have not yet been granted to such owners and for which such an owner has documentary proof of having submitted the renewal application before 31 March 2009. Such firearms can be held legally until such time as the SAPS have completed the renewal process and either issued a licence or denied a licence and the appeals process has been completed – irrespective of the time it takes to complete the process.

All other firearms which are not subject to the above and which can be owned privately must either be on the books of an accredited gun dealer to be sold (thus not for safe keeping for an individual for licensing purposes), and in the safe of such a dealer, or must be held for safe storage by the SAPS in a SAPS 13 store (awaiting either awarding of a new licence applied for by a private individual, or for de-activation, or for destruction).

Thus all firearms of deceased persons which are still in the possession of the executor of the will of the deceased, must also be handed in at the nearest SAPS not later than 24:00 on 30 June 2009 for safe keeping if new licences have not been issued before 30 June 2009.

Firearms which were sold or given to a third party by an owner who had to renew the licence of such a firearm, and for which such a third party had applied for a new licence and the licence has not yet been issued on 30 June 2009, must be handed in at the nearest SAPS for safe storage not later than 24:00 on 30 June 2009 until the application process has run its complete course (including appeals). Only if a licence has been issued for such a firearm may the applicant fetch such a firearm from the SAPS where it was stored. The implication is that if such a new licence is not issued for such a firearm, the firearm which was in safe keeping of the SAPS becomes forfeit to the state (see discussion below).

On the other hand you can sign over the specific firearm (discussed in the immediate above paragraph) to a dealer, where the third party to who the firearm was sold or handed to in the first place, can then go into new negotiations with the dealer so as to start with a new process of applying for a new licence for that firearm as he/she will now be buying that firearm from the dealer. As original owner, the firearm’s licence will then be taken off your name and you would have complied with the stipulations of the FCA re possession of firearms. In this instance ownership of the firearm is not forfeited to the state should the licence not be awarded by SAPS. How the dealer thereafter handles with the firearm is absolutely open to negotiation between the original owner and the dealer (and possibly the third party) from the time you sign over the firearm to the dealer.

All storage permits issued to individuals for firearms for which application for renewals or for new licences had been submitted by who-ever, irrespective of the dates for legal storage indicated on such a permit, and irrespective that such storage permit had been issued by the SAPS, become redundant on 24:00 on 30 June 2009. All firearms indicated on such storage permits must also be handed in at the nearest SAPS for safe keeping not later than 24:00 on 30 June 2009, to be kept until such time as the licence has been issued – or denied (if licence is denied, such firearm also becomes forfeited to the state). Dir Bothma’s rational being that one cannot store a firearm which is no longer legally licensed (all licences issued under the 1969 Act become redundant on 24:00 on 30 June 2009) (see discussion below).

THIS IS THE OFFICIAL SAPS POSITION RE THE LEGAL POSSESSION OF PRIVATE FIREARMS AS FROM 00:01 ON 1 JULY 2009

REQUIRED DOCUMENTATION (transport of firearms for which renewal of licences have been applied for as from 00:01 on 1 July 2009):
a) A firearm owner who has legally applied for renewal of licences and which licences have not yet been issued , may keep such firearms in his or her possession in a prescribed safe, and must be in possession of a receipt for the monies paid to the SAPS which was received from the SAPS on the day on which the applications for renewals were submitted, as one set of documentary proof of handling with the specific firearms according to the Law.
b) A person mentioned under, a), above must also be in possession of a SAPS 523 form (Acknowledgement of receipt of firearm documentation) , issued by the SAPS where the applications for renewals were handed in, stating the number and type of firearms applied for renewal of licences by the individual concerned. If you did not receive a SAPS 523 form when you submitted your renewal applications and have not yet received new licences for the renewal of licences you applied for, you MUST go to the police station where you submitted your renewal applications and INSIST on being issued with a SAPS 523 form in your name. DO NOT DEFAULT ON THIS as from 00:01 on 1 July 2009 only the receipt for monies paid, the SAPS 523 and the “old” licences of the firearms you have applied for, for renewal, will be accepted as proof of being legally in possession of a private firearm and that you have complied with the stipulations regarding the interim period granted for the renewal of firearm licences under the FCA. Do not default on this procedure !!!!
c) If you are denied the issue of a SAPS 523 form by your SAPS station you MUST inform this office immediately per email to admin@natshoot.co.za or per fax to 012-344-0751 (don’t call we need the proof in writing !) of such refusal by stating your name, your ID number, the name of the SAPS station where you were refused such issue, with the rank, number and name of the SAPS official who refused to issue you with such a form !! Do not default on this !!! You must get the name (control this with other people in the office) of the official who denies to issue the SAPS 523 form !!!!!
d) Remember 1 July is the height of the hunting season !!! If you are stopped at a road block after 1 July 2009 you must have the three mentioned documents with you as proof of your legal position regarding your possession of the firearms for which you have applied for renewal of licences for (old licence, receipt for monies paid, and completed SAPS 523 form).
e) If you are dumb enough not to have the three documents with you when stopped in a road block after 00:01 on 1 July 2009, you have 7 days to render proof of these documents at any SAPS office. The officials at the road block are entitled to take the firearms into safe keeping until such time as you can render proof of the documents (make sure you get a receipt stating the serial number and calibre of the firearms concerned from such officials). However, they have no legal authority to arrest you and to take you into custody at such an occasion.
f) IMMEDIATELY CALL DIR BOTHMA ON HIS CELL PHONE SHOULD THE OFFICIALS AT THE ROAD BLOCK WANT TO FORCEFULLY ARREST YOU IN SUCH INSTANCES AND REMIND HIM THAT YOU HAVE 7 DAYS TO RENDER PROOF OF DOCUMENTATION – HIS CELL PHONE NUMBER IS: 082 779 8728
In this regard take note of the contents of Sections 106 and 107 of the FCA as quoted below:

Section 106 Production of licences and firearms for inspection
(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.

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

DISCUSSION
The hunters forum will have discussions with Dir Bothma on 28 April 2009 in order to try and negotiate more lenient action regarding the implementation of the administrative process for renewals of firearm licences after 1 July 2009, and for those firearms of individuals for which there is proof that a third person had applied for a new licence before 31 March 2009. The situation re the legality of duration of storage permits will also be taken up with Dir Bothma in this discussion. We shall also discuss the length of time used to handle new licence applications of persons who have already been awarded competency to possess firearms.

However, we cannot be sure that any leniency will be given. So until such time as you are informed differently by this office, we implore of you to take the above positions as the legally correct positions, and to ascertain that you act according to your specific situation.

The situation of forfeiting firearms to the state if such firearms are kept in safe custody in a SAPS 13 store and new licences are not issued, is considered to be an issue pertaining to denial of private ownership and will after 28 April 2009 be investigated and acted upon by a well qualified legal team in the name of all accredited hunting and sport-shooting associations should this issue have to be legally defended in court – members will be advised.

We are aware of the fact that there is a very negative perception about the “safety” of storing firearms with the SAPS. Just as there are instances where we are aware of firearms being lost in SAPS storage, we are also aware of instances where firearms were kept in good order in SAPS stores for up to 13 months. In any instance where firearms are lost while in safe custody of the SAPS, the owner has cause to claim damages from the SAPS.

As for deciding whether you would want to, after 24:00 on 30 June 2009, store your firearm(s) at the SAPS until such time as the licence application has been completed, if this situation should pertain to you, is up to you to decide.

We have also become aware of people signing firearms over to dealers for which they did not apply for renewal of licences, so as to buy back the firearm from the dealer and to apply for a new licences for such firearms (which were their own). We cannot at this stage indicate the legal position in this regard, but be aware of the fact that the SAPS is looking at this practice as possible circumvention of the FCA. One could possibly in court argue that ownership was transferred and that one just happened to want to buy the particular firearm back because one had some time to think about it. But this position is untested in court and will surely have to go to court to ascertain the correct legal position.

However, if firearms are handed over to dealers and a gunsmith would upgrade such a firearm so as to in effect render it to actually be a quite different firearm as the one that was signed over to the dealer / gunsmith, there might be legal recourse that can be shown that it is not a situation of circumvention the FCA.

All changes in the above position will be communicated to members without delay

Remain alert and keep safe !!

Best Regards
Herman Els
(Chairman of the EXCO).