Results 1 to 10 of 11
Thread: Section 21 Legal Uses
-
09-07-2018, 15:56 #1
- Join Date
- Feb 2018
- Location
- Pretoria
- Age
- 34
- Posts
- 340
Section 21 Legal Uses
Hi Guys and Gals,
So I have a question regarding a section 21 temporary authorization to possess a firearm. The way I understand it, is that if it gets approved the document or whatever you get will contain valid scenarios in which you may use it, ie if it is approved for competition use you may use said firearm for sport shooting related activities.
Now the question that I have is related to other uses. Let's say I have a pistol that has section 21 approval, while the section 13 application is in process, the section 21 was approved to be able to use the firearm in a up coming competition and the section 21 doesn't expressly state it's use is for self defense but it only lists sport usage cases.
The other sections of the act has a part that says may be used when legal to do so, ie I may use my section 16 for self defense, but what would happen, if my section 21 is for sport and competition use and I need to defend my life with it? The act doesn't specify, it only says
(5) A firearm in respect of which an authorisation has been issued in terms of thissection may be used only—
(a) if the Registrar by endorsement on the authorisation permits such use; and
(b) in accordance with such conditions as may be prescribed and imposed by theRegistrar
This is considering a scenario where the section 21 application was for sport purposes.
-
10-07-2018, 08:24 #2
- Join Date
- Mar 2014
- Location
- River Club, Sandton
- Posts
- 991
Re: Section 21 Legal Uses
FYI...a little more info...
From the Regulations:
Application for a temporary authorisation to possess a firearm
23. (1) An applicant who applies for a temporary authorisation to possess a firearm as contemplated in section 21 of the Act must, in addition to the information required by regulation 13, submit -
(a) a written motivation in support of the application, with specific reference to the steps which are intended in connection with the safe custody of the firearms and ammunition pertaining thereto;
(b) a written declaration that the applicant has facilities available for the safe custody of the firearms and ammunition that complies with the SABS Standards as required by these regulations and the location of the safe custody facilities; and
(c) a certified copy of any licence, permit or authorisation pertaining to the firearm, if applicable.
(2) (a) Subject to the provisions of subparagraph (b) and (c) an application for a temporary authorisation must be lodged at least seven days before the intended date on which the possession of the firearm will take place.
(b) In the case of a non-citizen applying for a temporary authorisation, the application must be lodged at least three months before the date on which the possession of the firearm by the applicant will take place.
(c) The Registrar may, on good cause shown, exempt an applicant from complying with the period stipulated in subparagraphs (a) and (b).
Conditions applicable to a temporary authorisation to possess a firearm
24. (1) The holder of a temporary authorisation to possess a firearm issued in terms of section 21 of the Act must keep the temporary authorisation wherever the firearm is located and must at the request of a police official produce the temporary authorisation and the firearm to a police official for inspection.
(2) The temporary authorisation will only be valid for the firearm and period and specific use specified in the temporary authorisation.
(3) The holder of the temporary authorisation may not possess more than 200 cartridges per calibre of firearm stipulated in the temporary authorisation unless, for the purpose of sports-shooting, the Registrar has on good cause shown, specified a larger quantity in the temporary authorisation.
(4) The Registrar may require that a person to whom a temporary authorisation will be issued, must provide documentary proof of having successfully undergone the prescribed training and testing contemplated in section 9(q) and (r) of the Act prior to the issuing of the temporary authorisation or in the case of a hunter or sports person who is a non-citizen, an affidavit stating his or her training and experience in the handling of firearms.
(5) The Registrar may determine and specify in the temporary authorisation a specific place where the firearm may be used.
-
10-07-2018, 08:28 #3
- Join Date
- Mar 2014
- Location
- River Club, Sandton
- Posts
- 991
Re: Section 21 Legal Uses
Your defence would be 'necessity' See NHSA Newsletter:
https://natshoot.s3.amazonaws.com/up...%20Defence.pdf
-
10-07-2018, 09:28 #4
- Join Date
- Feb 2018
- Location
- Pretoria
- Age
- 34
- Posts
- 340
Re: Section 21 Legal Uses
This makes sense, especially when I am at home, then I do not see that there would be any issues if lethal action was needed to protect my life.
I am more concerned about cases where I EDC if it is not specifically mentioned on the authorization and if I have to use the firearm in such a situation to protect my life or the life of someone else.
-
10-07-2018, 09:45 #5
Re: Section 21 Legal Uses
I’d tread very lightly here.
Usually the S21 document reads, under “permitted use” or whatever applicable heading, only “section 16” or such.
No it could go two ways:
It can either refer to the heading (dedicated hunting / sport shooting), or to the entire section, in which case the “lawful use” subsection might apply.
In interpreting this, I’m sure the court will let it be guided by the contents of your motivation for the S21.
I’d err on the side of caution and not EDC a gun which S21 was motivated for sport.
-
10-07-2018, 09:58 #6
- Join Date
- Feb 2018
- Location
- Pretoria
- Age
- 34
- Posts
- 340
Re: Section 21 Legal Uses
I submitted my application this morning, and used my original section 13 application as the base for the motivation and expanded on the self defense requirements and also added some things related to sport shooting.
If I am one of the lucky ones and it gets approved I will post what it says exactly on here, hopefully that can give us a better idea of what to expect.
It does make sense to rather not EDC a gun on S21 if it doesn't specifically state self defense in the headings...
-
12-07-2018, 21:20 #7
- Join Date
- May 2010
- Age
- 45
- Posts
- 143
Re: Section 21 Legal Uses
If your motivation is sufficient you will probably find they will approve your S13 application the cancellation the S21 application. They did this to me a couple months ago.
-
13-07-2018, 07:53 #8
- Join Date
- Feb 2018
- Location
- Pretoria
- Age
- 34
- Posts
- 340
-
14-07-2018, 06:57 #9
- Join Date
- Jun 2011
- Location
- Cape Town
- Age
- 35
- Posts
- 7,152
Re: Section 21 Legal Uses
What sport is the section 21 for?
I assume from the above information that you don’t have another pistol otherwise you would be carrying that for SD.
If this is your first handgun then what competition would be a necessity that you need to compete.
-
14-07-2018, 08:05 #10
- Join Date
- Feb 2018
- Location
- Pretoria
- Age
- 34
- Posts
- 340
Re: Section 21 Legal Uses
My motivation was for the Mastershot competition coming up on the 18th of August hosted at Krokodil Spruit Shooting Range http://www.mastershot.co.za/
Additionally to that I also motivated for the NHSA nationals which is in September.
I further also motivated that I would need to be able to practice with this handgun to be able to compete fairly and stand a chance of winning or getting good scores, and that due to the time frames for license approvals and the huge delay in card printing I would not be able to practice enough with my own pistol to be able to compete in these competitions as the license card realistically might only be in my hand by December. I motivated that practicing with a lot of different handguns don't make sense as I won't be able to shoot consistently with a handgun if I have to use a different handgun borrowed from friends each time I went to the range.
So I am hoping that these reasons would be enough for it to be approved.
Bookmarks