FIREARM BOUGHT FROM PTE OWNER_ WHEN IS IT OFF HIS NAME

**Rodrage** · 29-01-2019, 14:42

I've recently had an application approved.
So it is now in my name. I'm waiting for the card
Is the previous owner now in unlawful possession of the firearm seeing it is no longer in his name??

**CorditeCrazy** · 29-01-2019, 14:46

I doubt you’ll get a clear answer here.

**Rodrage** · 29-01-2019, 14:51

Is this just a grey area not covered by any legislation?

**Steven001** · 29-01-2019, 15:12

The same way as what the firearm dealer is technically in illegal possession of your firearm after you got the approval sms and waiting for the card to be printed? I guess you will have to give the previous owner proof that the FA is now in your name (IE a license card

) Sucks, I know....

**WCC** · 29-01-2019, 15:30

Originally Posted by Rodrage

I've recently had an application approved.
So it is now in my name. I'm waiting for the card
Is the previous owner now in unlawful possession of the firearm seeing it is no longer in his name??

No he is not, even if it is off his name iro the CFR system. The reason is his intent i.e. he is not intentionally in possession of an unlicensed (to him) firearm but is waiting for the licensing process to be completed whereby his license is cancelled and yours is approved. It will be a different story if you have received your license and he refuses to hand it to you, provided that you produce a valid license of course.

**BBCT** · 29-01-2019, 22:03

I'd love to go to court if the police tried to prosecute me for being in illegal possession under these circumstances................

**Rodrage** · 30-01-2019, 09:24

What I need to know is,if the seller fills in a SAPS 530 (Permission to store) at this stage, is it valid?
Ah, I'm going to do it anyway, but I thought it might be an argument someone could use to get the cards printed quicker!!.

**Cockroach** · 30-01-2019, 09:37

Originally Posted by Rodrage

What I need to know is,if the seller fills in a SAPS 530 (Permission to store) at this stage, is it valid?
Ah, I'm going to do it anyway, but I thought it might be an argument someone could use to get the cards printed quicker!!.

That would actually be a SAPS 539.

Who do you fill in as current licence holder?

**SSP** · 30-01-2019, 10:10

Originally Posted by Rodrage

What I need to know is,if the seller fills in a SAPS 530 (Permission to store) at this stage, is it valid?
Ah, I'm going to do it anyway, but I thought it might be an argument someone could use to get the cards printed quicker!!.

Only the licenced owner can do that.

**JhbBoy** · 30-01-2019, 10:11

Did you and the seller consult your local DFO before you bought the gun?

See para 3 below:

31. (1) No person may trade in any firearm or ammunition without a dealer’s licence.
(2) Subject to subsection (3), a person who is not a dealer may dispose of a firearm or
ammunition only through a dealer or as otherwise provided for in this Act.
(3)A person who wishes to sell or donate a firearm to a willing buyer or donee, as the
case may be, may do so without the intervention of a dealer, but on such conditions as
the Designated Firearms Officer may determine.

You may have explaining to do to your DFO if he finds out ...best you get that gun from the other guy asap...(if the cops find out, what will they charge you with? ...being in possession of your own (licenced) gun?