Latest SAP Directive-27 June 09

[kurly]

South African Police Service
Division: Visible Policing
Head Office
Pretoria
27-06-2009

RENEWAL OF FIREARM LICENCES, PERMITS AND AUTHORISATIONS: TRANSITIONAL PROVISIONS: FIREARMS CONTROL ACT, 2000 (ACT NO. 60 OF 2000)

A. 1. This office's evenly numbered letter, dated 2009-06-03, bears reference on this matter.

2. On Friday 2009-06-26, the North Gauteng High Court, Pretoria, issued an interim order pending the finalization of the main application in that all firearm licences contemplated in sub-item 1 of Schedule 1 of the Firearms Control Act, 2000 (Act No 60 of 2000) (hereinafter "the Act"), will be deemed to be lawful and valid, pending final adjudication of the main application.

3. This effectively means that where a person is in possession of a firearm and relevant licence, permit or authorization, issued in terms of the Arms and Ammunition Act, 1969 (Act No 75 of 1969) (hereinafter the "previous Act"), as amended, such a person will remain legally in possession of such firearm and may not be prosecuted in terms of section 3 of the Act. In terms of section 3 of the Act no person may possess a firearm unless he or she holds a license, permit or authorization issued in terms of the Firearms Control Act, 2000 (Act No 60 of 2000), for that firearm.

4. The main effect of the order is that persons (natural / juristic persons) who have not yet re-licenced their firearms as provided for in the transitional provisions of the Act, or have not yet disposed of the firearms as required by the Act, may lawfully remain in possession of those firearms after 30 June 2009, at least until the main application has been decided.

5. In the case where firearm owners have already opted to dispose of their firearms through deactivation, permanent exportation, voluntarily surrendered to the South African Police Service for destruction, or by selling/donating the firearm to another person/legal entity, such administrative processes related thereto must continue.

6. All firearms that have been voluntarily surrendered to the South African Police Service, for the purpose of destruction, may not be destroyed until further directives in this regard has been disseminated from this office. These firearms may not be handed back to the original firearm owner.

7. Any person who opted to sell/donate their firearms to other persons/legal entity, and who in the meantime have surrendered such firearms for safe keeping to the South African Police Service, may retrieve (if so desired), their respective firearms and firearm licences from the police stations where they were handed in.

8. In the case where a legal owner (seller/donor) has applied for a temporary authorization to possess a firearm in terms of section 21 (transitional period) of the Act, the respective Designated Firearms Officer must continue with the administrative process and issue the temporary authorizations. The firearm together with the firearm license, permit, authorization and/or the temporary authorization must be handed to such legal owner.

9. All storage permits issued for firearms in terms of the previous Act will remain valid until the expiry date of such permit. Further storage permits (SAPS 539) may be issued in terms of Regulation 86(4) of the Firearms Control Regulations, 2004, for a further period if required.

10. All firearms which are currently in safe storage with licenced firearm dealers and gunsmiths, will remain valid and need not be handed to the South African Police Service for destruction.

11. In the case where a person applied for the renewal of his/her firearm licence and such renewal application has been refused and/or the appeal has not been successful, such person may legally continue to possess such firearms in terms of the previous Act, until further notice from this office.

12. All current administrative processes applicable to the provisions of the Act, must still continue within the ambit of the existing processes and procedures.

13. This directive must be immediately disseminated to all members of the South African Police Service for the necessary compliance.

14. Your co-operation and commitment to effectively implement the provisions of the Firearms Control legislation is highly appreciated.

Signed
DIVISIONAL COMMISSIONER: VISIBLE POLICING
AH LAMOER

[camouflage762]

Thanks kurly.

I still cant make out if those who have not renewed, can still renew?

Imagine all the piles of firearms at police stations!
Hope they are safely stored. confused0083

[shooter]

Thanks kurly.

I still cant make out if those who have not renewed, can still renew?

Imagine all the piles of firearms at police stations!
Hope they are safely stored. confused0083

As I see it: no.

[kurly]

Thanks kurly.

I still cant make out if those who have not renewed, can still renew?

Imagine all the piles of firearms at police stations!
Hope they are safely stored. confused0083

Camo762

I got this from the SA Hunters and Conservation Assoc;

In short the judgment means that:
• Existing old “green licenses” (issued in terms of the Firearms Act of 1969) will
remain valid until finalisation of the main application, and cannot be criminally
charged for the illegal possession of such a firearm;
• It is no longer necessary to apply for Section 21 – temporary authorisations;
• Storage permits which are valid until after 30 June 2009, will remain valid until its
expiry date;
• There is no reason to hand firearms in at the SAPS for safekeeping or destruction
before or on 30 June 2009;
• If a firearm owner has not applied for the re-licensing of his firearm such
application can still be done if the applicant was ill, or outside the country or had
not submitted renewal applications due to circumstances beyond his control, and
pending the fact that he can convince the SAPS that his reasons are compelling
enough for them to receive his renewal applications late.

Consequently legal firearm owners may posess and use their firearms until the main
application has been decided and the “old green licence” will be sufficient proof of the
legal possession of firearms.

So from this I would say No you can't renew if you missed your deadline.

[JPS]

Thanks kurly.

I still cant make out if those who have not renewed, can still renew?

Imagine all the piles of firearms at police stations!
Hope they are safely stored. confused0083

As I see it: no.

Hi There,

I was at the police station this morning (Applying for 2 new firearms acquired), Kempton Park, and they are definitely not accepting any renewal applications, they turned dozens of people away this morning stating last date to renew was 31 March 2009. The did however say it is dependant on the court ruling once tested by the SA hunters.
You do have however till tomorrow 16h00 to re apply for your existing licences if you can prove to them that you were unable to re apply due to reason beyond your control such as illness that incapacitated you etc.

Cheers

[camouflage762]

Thanks for the info guys.

Doesn't make sense that old liscences are still valid but cant renew in the interim. confused0083
SAPS is painting itself into a corner, if the next court judgement does away with the old licences, then SAPS will be forced to act aginst "illegal" gunowners & they do no have the capacity to do that. So at the moment its a game of poker & either way the SAPS cannot cope.

[The Butcher]

Hi Guys

The way I understand it is that you should have renewed before 31 March09.....
This court ruling just gives you more time to sell or donate your firearm if you didnt apply....(12months+)?????
At least now you wont be prosecuted for being in possesion of an illegal firearm untill you receive your new licence, whenever that will happen????
And gives those who have applied and not yet received their new licences a bit of a break....You dont have to carry a briefcase full of documents with your gun...

Just goes to show they didn't think it trough very well confused0083....... whp
I'm still very chuffed happy0065