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  1. #71
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    Default Re: Firearm amnesty in December

    Dear Member,
    The urgent court interdict in the Pretoria High Court to set the firearms amnesty aside, has this morning been settled with the Minister of Police and with the National Commissioner of Police (see our Newsletter in tis regard - https://natshoot.co.za/nhsa-info/newsletters/nhsa-newsletter/2019/vol-15-30 ).

    The agreement was made an order of court.
    The application was settled as the NHSA's urgent court application resulted in the Police changing their policy in respect of the requirement that an applicant for a new firearm license must be in possession of a valid competency certificate at the time when a new license application is submitted.
    The new SAPS directive, which was issued due to the NHSA urgent application, provides that an application for the renewal of, or for a new competency certificate, can be submitted simultaneously with an application for a new firearm license under the amnesty. Thus, changing the negatives attached to the amnesty’s stipulation that an application for a new licence has to be submitted 14 days after the specific firearm has been surrendered to SAPS (which requires a valid competency to be attached).
    This change in policy has created the possibility that a person with an expired licence and expired competency certificate can effectively take part in the amnesty in order to legitimize the possession of such a firearm (thus countering the 14 days stipulation of the amnesty).

    A new licence application can thus now be submitted together with an application for a renewal of the competency within 14 days after the firearm has been handed in with SAPS.
    NHSA was unfortunately not successful in getting SAPS to agree that such applicants could remain in possession of their firearms until the application had been finalised (the FCA states that firearms have to be handed in with SAPS under an amnesty).
    In view of the fact that the amnesty can now be used to obtain a new licence for a firearm with an expired licence without a valid competency, caused the urgency of the court application to set the amnesty aside, has fallen away. NHSA has consequently been advised by legal council to settle the dispute and rather try to create a relationship of respect between SAPS and accredited associations.
    The court order is thus, that NHSA withdraws its application and that each party pays its own cost. The effect is that the amnesty will continue but with more appropriate conditions for application for new licences for expired licences.
    A comprehensive Newsletter containing all facts will by posted shortly. Members will be notified when the Newsletter is posted.
    Dr Herman Els
    Executive Chair

  2. #72
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    Thumbs down Re: Firearm amnesty in December

    One wonders how it ever came about that a law was passed that only allowed a law abiding citizen to be law abiding for three / five / ten years
    WHY is a license not issued once off and forever ( unless convicted of a first class offense ? )
    As was the case previously

    It would appear that whoever negotiated these -- terms and conditions -- made a pact with the devil !
    Sort of like the referendum in 1992

    When are people going to STOP being "nice" to the ANC / SACP ?
    It would appear that they are being -- Outwitted / Outplayed / Outthought / Never going to last !

  3. #73

    Default Re: Firearm amnesty in December

    I remember there was another court case last year brought by GOSA where the SAPS were ordered not to confiscate fire arms of people who did not apply in time for the renewal of a license and (I stand to corrected) to consider such applications. How does this new court order affect the older one?

  4. #74
    User Paul's Avatar
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    Default Re: Firearm amnesty in December

    Quote Originally Posted by knipmes View Post
    I remember there was another court case last year brought by GOSA where the SAPS were ordered not to confiscate fire arms of people who did not apply in time for the renewal of a license and (I stand to corrected) to consider such applications. How does this new court order affect the older one?
    Not at all. Not in the slightest.

    The NatComm confirmed during the press conference at Linden SAPS that the GOSA interdict stands and will continue to protect expired licence owners after the amnesty ends.
    "Always remember to pillage before you burn"
    Unknown Barbarian

  5. #75

    Default Re: Firearm amnesty in December

    Here's a question. Farmer we go to in CPT area regularly. Got call today to bring in his firearm that has card expired while he re applies.

    They may not per interdict confiscate the firearm. But now when they call the owner and ask him to bring it in. Are they not by passing the confiscating interdict this way. By now saying: Oh the owner brought it in willingly we never went to confiscate it.

  6. #76
    User Paul's Avatar
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    Default Re: Firearm amnesty in December

    Quote Originally Posted by shooty View Post
    Here's a question. Farmer we go to in CPT area regularly. Got call today to bring in his firearm that has card expired while he re applies.

    They may not per interdict confiscate the firearm. But now when they call the owner and ask him to bring it in. Are they not by passing the confiscating interdict this way. By now saying: Oh the owner brought it in willingly we never went to confiscate it.
    THIS is exactly the kind of nefarious and underhanded conduct that is the stock in trade of our corrupted and incompetent police force.
    "Always remember to pillage before you burn"
    Unknown Barbarian

  7. #77
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    Default Re: Firearm amnesty in December

    Quote Originally Posted by Paul View Post
    Not at all. Not in the slightest.

    The NatComm confirmed during the press conference at Linden SAPS that the GOSA interdict stands and will continue to protect expired licence owners after the amnesty ends.
    I wouldn’t take a single word uttered by any of those things as meaning anything. They ignore the laws on a regular basis. Why would they actually continue to abide by an interim court order ? They will dream up some excuse and may only be stopped by further court action. You pointed out on ENCA how they are already breaking the law regarding renewals.

  8. #78
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    Default Re: Firearm amnesty in December



    Sent from my SM-N975F using Tapatalk

  9. #79
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    Default Re: Firearm amnesty in December

    Back here in Finland a few years ago (like ten or so?) we had something what was called A Year of Amnesty which meant that one could surrender unlicensed firearms and controlled gun parts without a fear of being prosecuted, unless the you stole the gun in the first place or if it had been used in crime like shooting someone. The turnout wasn't really so big, but because any non registered weapon off the streets (or the attics) is one gun away from a possible criminal action the amnesty was made permanent.

    How does this affect a person like me who already has guns, but none of them are illegit? If I come across a, say a slide for a 1911 and the "owner" shouldn't have it, I may give the "owner" a choice of taking it to the police or just give it to me... and if I happen to have a similar gun myself, I can get that gun part licensed for me. if not, I'll just hand it to the police as a sign of mutual trust. Works just fine as long as we trust each other. So far so good...

  10. #80
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    Default Re: Firearm amnesty in December

    DEPARTMENT OF POLICE
    NO. 525 13 MAY 2020
    525 The Firearms Control Act (60/2000): Notice in terms of Section 136 (1) of the Act 43310

    NOTICE IN TERMS OF SECTION 136 (1) OF THE FIREARMS CONTROL ACT, 2000 (ACT NO. 60 OF 2000)


    By virtue of the powers vested in me by Section 136 (1) of the Firearms Control Act, 2000 (Act No. 60 of 2000), I Khehla John Sitole, National Commissioner of the South African Police Service, in my capacity as Registrar of Firearms as contemplated in Section 123 of the said Act, hereby give notice that the State intends to destroy all firearms, ammunition as well as firearm parts that were voluntarily surrendered to or forfeited to the State_
    For a list of firearms intended to be destroyed by the State. interested parties can visit the South African Police Service's website at
    http: //www.saps.gov.za,

    In terms of Section 136 (2) of the Firearms Control Act, 2000 (Act No. 60 of 2000), any person who has a valid claim to such firearm or ammunition or such firearm parts may, within 21 days after the date of publication of this notice, make representations to me as to why such
    firearms or ammunition or such firearm parts and ammunition were voluntarily surrendered or forfeited. Any such representations must, within the stipulated period, reach me at the following address-


    By Post: The National Commissioner (Registrar)
    South African Police Service
    Private Bag x811
    PRETORIA
    0001

    By Hand: The National Commissioner (Registrar)
    Office No. 29 2nd Floor
    Suncardia Shopping Centre
    Cnr Steve Biko and Stanza Bopape Streets
    Arcadia
    PRETORIA
    0001
    Fax No. 012 393 9301
    Email: XabaSl @saps.gov.za


    KJ SITOLE
    LIEUTENANT GENERAL
    SOUTH AFRICAN POLICE SERVICE

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