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  1. #1
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    Default Carrying a SD pistol on Section 15 license?

    Anyone know the implications if stopped by the SAPS when carrying a sporting pistol (section 15 in this case) as a SD gun?
    A few people have told me there could be potential issues, I however am not sure, as a licensed pistol is after all a licensed pistol.
    Am I off the mark here?

  2. #2
    Moderator SSP's Avatar
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    Default Re: Carrying a SD pistol on Section 15 license?

    This has been extensively discussed in a number of other threads.
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    the glory of the great dead.
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    Default Re: Carrying a SD pistol on Section 15 license?

    Did I miss those SSP?
    Prone to random kindness, lecherous behaviour, imitating D-cups at speed and an outstanding sense of humour. If you don't agree, well fuck you.

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    Default Re: Carrying a SD pistol on Section 15 license?

    The bottom line is that the FCA stipulates:

    4) A firearm in respect of which a licence has been issued in terms of this section may be used where it is safe to use the firearm and for a lawful purpose.

    This Sub Section appears in Sections 13 - 17 which covers the different licenses.

    So if you get an issue with either those two criteria with using your Sport licenced pistol you would have had the same issue with your SD licenced pistol.

    I can hardly imagine that a court of law may come to any other conclusion as the act is quite clear about the matter.

    A policeman may ofcourse have a different opinion and make some issue of the fact that you used your Sport licenced firearm to defend yourself and laying some charge against you but the court will have the final say if it even progresses that far.

    I will be surprised if the public prosecutor proceeds with a charge to the effect that you were not legally able to use your Sport licenced firearm to defend yourself.

    As far as know a situation like this has not occurred yet and if SAPS is of a different opinion they will have a hard time to proove beyond any reasonable doubt in a court that you have not abided by the stipulations of the FCA.

    Maybe it's worth commissioning an advocate versed in criminal law and interpretation of statutes to give an opinion on this - but who will pay him?

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    Member BoerBok's Avatar
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    Default Re: Carrying a SD pistol on Section 15 license?

    Point taken Khumba, but I read your post as referring to a SHTF situation, whereas Brendank seems to have asked what the point of view is if you are found to carry your Section 15 as SD firearm.

    I am in the same situation as I licensed mine for S15 at the time.

    However, I do go to the range regularly and that, if stopped, I'll quite honestly reply that I've been to the range or planned to go...

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    Default Re: Carrying a SD pistol on Section 15 license?

    I understand what you are saying but I take it that if you can use you can carry it - you have a license - it is not specified that you may not carry it - there is no endorsement process where the licence use/carry of the firearm is restricted.

    There is no stipulation that says that you may only carry the firearm when you are on the range or on the way to the range or whatever. There is no stipulation that says I may not carry it with me any time I want to.

    You may legally carry any firearm that you are licenced to posses and when you carry it I understand it to be that you can use it for A LAWFUL PURPOSE without the purpose being defined or restricted other than LAWFUL. We do not have carry licences in SA we have a licences to posses imo.

    It may be that a court one day comes to the conclusion that lawful purpose is only the purpose pertaining to the description of the licence but until that time I will happily carry my Sport licensed firearm and take my chances in court.

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    Default Re: Carrying a SD pistol on Section 15 license?

    +1

    Now I understand your point better, Khumba.
    Prone to random kindness, lecherous behaviour, imitating D-cups at speed and an outstanding sense of humour. If you don't agree, well fuck you.

  8. #8

    Default Re: Carrying a SD pistol on Section 15 license?

    Khumba,

    All very true but I take it you have a firearm licensed for SD and thus you have convinced the CFR of your need for a SD firearm however if you do not own a SD firearm you have not convinced the CFR of your need for a SD firearm. There is a lot of ifs and buts.... Yes I will also carry a sport firearm without worrying to much as I have satisfied the CFR of this need....

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    Default Re: Carrying a SD pistol on Section 15 license?

    I think Corne has a point if you have already convinced them of your need for a SD gun I think it will be easier explaining carrying a sport gun. Just my opinion I am in no way a legal expert.

  10. #10

    Default Re: Carrying a SD pistol on Section 15 license?

    Me neither...just the way that I see / understand / interpret the issue

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