Reclaiming firearms handed in for Destruction

[MyLani]

Does anyone know if the owners can try reclaim their firearms that they handed in for Destruction, and re licence them?
I'm trying to help someone get 2 Rifles back, but nobody seems to be able to help.
The local DFO gave me a copy of a letter from Dir Bothma (dated 27-06-2009) stating that no firearms will be returned as they were "voluntarily" surrended. The Provincial DFO says contact CFR.
Don't know if they court appeals would have changed this, but the only person they say can advise me is Dir Bothma himself.
They even gave me his cell number, but whether he answers it or not is another question.

[SSP]

I don't think you can get them back. If you didn't want to hand them in you shouldn't have. Nobody was forced to do this.

The court actions will have no impact, as far as I can see, on this. The erstwhile owner may, however, now claim compensation.

CFR may rush through a regulation permitting the return of firearms in order to reduce their financial exposure. However, you would now be too late to renew and, if the SA Hunters main application fails you will have to give them back anyway.

[wrm]

I don't think you can get them back. If you didn't want to hand them in you shouldn't have. Nobody was forced to do this.

Huh? You mean Bothma & co threatening to prosecute everyone who didn't hand in or renew, wasn't forcing people? Until the hunters case, three days before the deadline, the SAPS were dead intent on locking people up. That's not forcing them?

Hah.

[MyLani]

The guys who left things for the last moment and didn't have time to do competency etc, had no choice but to hand in their firearms for destruction to comply with the law. If the legal owners would now like to renew their licences, or sell, then I don't see why not.

[andy_760901]

i agree with WRM, if not threatened with conviction, NO ONE would have handed in even one gun, if i put a gun to your head and tell you im going to pull the trigger if you dont give me R1000.00 and you hand it over, what are my chances of convincing a judge that you voluntarily handed over the R1000.00 of your own accord and FREE will...???

Im sorry but that is Bulls*&t...

[SSP]

I don't think you can get them back. If you didn't want to hand them in you shouldn't have. Nobody was forced to do this.

Huh? You mean Bothma & co threatening to prosecute everyone who didn't hand in or renew, wasn't forcing people? Until the hunters case, three days before the deadline, the SAPS were dead intent on locking people up. That's not forcing them?

Hah.

No, it's not force when you were given ample opportunity to aquire the appropriate status and renew your licences.

In my view, the cops would have been REQUIRED to arrest those who flouted the law as it was. Everyone whinges when the cops fail in their duty to enforce the law, but when they "threaten" to do so we also whinge.

The constitutionality of the relevant provisions of the act is another issue entirely.

i agree with WRM, if not threatened with conviction, NO ONE would have handed in even one gun, if i put a gun to your head and tell you im going to pull the trigger if you dont give me R1000.00 and you hand it over, what are my chances of convincing a judge that you voluntarily handed over the R1000.00 of your own accord and FREE will...???

Im sorry but that is Bulls*&t...

The situation you describe is vastly different and distinguishable from the one at hand.
For instance, the threat you describe is unlawful, versus the entirely lawful threat of arrest for a crime.

The fact is that the act gave firearm owners choices. 1. Renew. 2. Sell/Transfer. 3. Surrender.

The guys who left things for the last moment and didn't have time to do competency etc, had no choice but to hand in their firearms for destruction to comply with the law. If the legal owners would now like to renew their licences, or sell, then I don't see why not.

Someone couldnt find time in 5 years to do their competency??? Kak. They could also have sold them.