Current legal standpoint on competency certificates?

**Lian** · 11-01-2017, 17:21

I was under the impression the competency stays valid for the duration of an existing license under the competency.
Meaning, if the original certificate expired in 2015, and the latest license expires in 2020, you can still apply for other licenses under that competency up to 2020. Because the competency is still valid.

Is this wrong / right?

**Pirate** · 11-01-2017, 17:50

The problem with the words of the amendment act is that CFR don't understand the difference between a competency CERTIFICATE (i.e. the piece of paper or plastic) and a Competency (i.e. the status on their system). The same unfortunately holds true for firearms licenses...

**High Power** · 11-01-2017, 19:56

Originally Posted by Lian

I was under the impression the competency stays valid for the duration of an existing license under the competency.
Meaning, if the original certificate expired in 2015, and the latest license expires in 2020, you can still apply for other licenses under that competency up to 2020. Because the competency is still valid.

Is this wrong / right?

This is clearly correct given that I have had several new licences issued after the original 5 years of mine. You can rest assured that sooner or later there will be an amendment changing things!

**Willie Barnard** · 11-01-2017, 20:12

I am back from my DFO now (2017/01/11).
I have a competency to possess a Firearm: Handgun , Shotgun and Rifle that clearly states : Valid till 2014/01/14.
Under this competency I have lots of licences for rifles, shotguns and handguns, all with expiry dates in the future.

Then I have a Further Competency to possess Hand Machine Carbine Issued in April 2011, but no expiry date. I don't have any firearm licensed under this competency.

My DFO assures me that the Handgun, Shotgun, Rifle remains valid, because I have valid licences under that. The "Hand Machine Carbine" competency - the one without the expiry date, has expired, and need to be renewed!

**Lian** · 11-01-2017, 21:47

Originally Posted by Willie Barnard

My DFO assures me that the Handgun, Shotgun, Rifle remains valid, because I have valid licences under that. The "Hand Machine Carbine" competency - the one without the expiry date, has expired, and need to be renewed!

that makes more sense.
the way I see it, the competency is a 5year "pass" to be able to license a firearm in the category. and once you have a license, "you're in".
if your pass lapses because you "didnt use it", you have to get a new pass.

**A-R** · 11-01-2017, 22:26

Originally Posted by Brendank

Ok, so as per the FCA amendment act, Act 28 of 2006. "A competency certificate [lapses after five yea['s from its date of
issue] contemplated in subsection (l)(a)(i). (ii), (iii) and (iv), remains
valid for the same period of validity as the period determined in this Act
in respect of the licence to which the competency certificate relates,
unless the competency certificate is terminated or renewed in accordance
with the provisions of this Act."

...

I am not legally trained in any way, except that I have to learn the FCA.

The wording of the above piece of law has to be read carefully. It refers only to a "same period of validity". This "same period of validity" relates to licences held under that competency, which are valid for periods of 2, 5 or 10 years.

There is no mention of last expiry date of licence.

The 2 concepts are definitely not the same thing, no matter how desperately we might want them to be.

The confusion started with the CFR directive that mentioned something about the last expiring license. That directive is not the law.

Untill the law is amended, and we do not know exactly when and how this will happen, if ever, I would not want to take any chances with my competency. Better to be safe than sorry.

**Dead693** · 11-01-2017, 22:46

Originally Posted by Lian

that makes more sense.
the way I see it, the competency is a 5year "pass" to be able to license a firearm in the category. and once you have a license, "you're in".
if your pass lapses because you "didnt use it", you have to get a new pass.

Almost like a learners license?

**Werner747** · 12-01-2017, 07:21

Originally Posted by dux

Nice motivation for a second of everything

That is EXACTLY what was going through my mind when I read that post as well

.

Regards

Werner

**johannvdg** · 12-01-2017, 07:34

Originally Posted by A-R

I am not legally trained in any way, except that I have to learn the FCA.

The wording of the above piece of law has to be read carefully. It refers only to a "same period of validity". This "same period of validity" relates to licences held under that competency, which are valid for periods of 2, 5 or 10 years.

There is no mention of last expiry date of licence.

The 2 concepts are definitely not the same thing, no matter how desperately we might want them to be.

The confusion started with the CFR directive that mentioned something about the last expiring license. That directive is not the law.

Untill the law is amended, and we do not know exactly when and how this will happen, if ever, I would not want to take any chances with my competency. Better to be safe than sorry.

It does not refer to the category of licences that it refers to, in which case, it would have been nice and clear and your interpretation would stand.

By referring to the "the licence to which the competency certificate relates", it leaves it open to interpretation, some say the 1st, others say the last.

I incidentally have a card, with an expiry date, and I have had licences approved under it, after the expiry, another bone that is sometimes in contention.

**Tigerbarb** · 12-01-2017, 08:26

Same with me i need to renew now after 10 years but have gotten more fire arms after my card expired .So lets see when i go to renew next month what happens .