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  1. #1

    Default Firearm related questions

    Hi guys

    My name is Sinono
    I would like to know the procedure that a police should follow in a case of pointing with a firearm. There was a case that was opened against me and my brother. 3 guys opened a case of pointing with the firearm against us,we just had an argument with them and there was a roadblock right across us on that day we all could see SAPS police and everything happened on the 22 of July around 3pm and the guys opened the case on August. We received a phone call from the police investigating the case and we were told to report to the police station so we could make our statement unfortunately where the incidence happened it's 4hours away from where we stay. We agreed on the date of driving to the police station and we went there but unfortunately after we made our statement the police arrested us for that night and we had to get the lawyer the following day to get us out and the case was sent back for further investigation by the magistrate.

    The complainant and witnesses statements were not consistent and they fabricated everything since they know I own a firearm and my brother does not own a firearm. In their statement they said I pointed my gun to one guy and and my brother stopped me then he also pointed his gun to the same guy that is a complainant.

    Was the procedure of arresting us lawful because I feel the police should have taken our statement and investigate then only if really committed the crime then arrest us

    Thanks
    Sinono

  2. #2
    User
    Join Date
    Oct 2011
    Location
    JHB
    Posts
    3,749

    Default Re: Firearm related questions

    Best get a Lawyer.

  3. #3

    Default Re: Firearm related questions

    I got the lawyer but problem is the police are no longer investigating the case, the police that is in charge of our case when we phone him keep on saying he is busy with other cases and my lawyer said he is running away because he could see they were wrong to arrest us since the magistrate has sent back the case to the police for further investigation.

    When they decided to arrest us they were not busy with other cases and the police guy did mention to us that it's not his choice to arrest us but got the instructions from the police captain that reports to him

  4. #4

    Default Re: Firearm related questions

    Before we even got arrested because. They delayed us in the police station around 3 they told us that we need a Laywer before 4pm so they could send our file to the magistrate fortunately we managed to get a Laywer for that day that in court representing other cases and asked them to send our file to the magistrate but the captain gave the instruction not to send our file delay it until magistrate leaves the court and they delayed it until 5pm then told us that they are arresting us

  5. #5
    User
    Join Date
    Aug 2017
    Age
    38
    Posts
    97

    Default Re: Firearm related questions

    That is always a problem with people knowing you own a firearm. I have read stories of people becoming unfit to posses a firearm for this exact reason.
    Your in a difficult position, but your lawyer should know of something you can do.

    Regards
    Tony G

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