Amnestry and new NHSA statement

[A-R]

This is kinda how I understood it. Once you got the white one. The green one becomes voided.

That is how the police handled it. It is not what the 2009 court order determined though...

[SBB]

That is how the police handled it. It is not what the 2009 court order determined though...

It would make sense to me. I think the court order made no statement to such that there is a difference between those that forgot or those that applied under the new act and as such all green licenses are valid regardles, heavily punted on GOSA FB by a Zahir guy it seems. Maybe Paul can clear it up but that's my understanding.

Tough one as nobody wants to be the test subject in court especially if funds are limited. Must sign the old man up with GOSA too when I get a gap.

[Pirate]

That is how the police handled it. It is not what the 2009 court order determined though...

Exactly. Hence my original statement.

We MUST make a diffentiation between the letter of the law (or of a court order) and SAPS / DFO interpretation of it (or of their own, often ambiguous "Directives"). "How the DFO understands it" is not the letter of the law.

Of course, there's the practical aspect of dealing with the person and that he may make things difficult for you, but that's again a seperate matter.

[Davidc]

I posted this on MJ Hood FB page.
I applied for a white license for a Mossberg shotgun that was licensed under the old act. The application was refused yet the weapon stayed on my name under the green license until I sold it a couple of years ago and then cancelled when the new owner’s license was granted.

Now some argue that because my white license was refused I never migrated to the new system but that is not how I see it.


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[shooty]

I posted this on MJ Hood FB page.
I applied for a white license for a Mossberg shotgun that was licensed under the old act. The application was refused yet the weapon stayed on my name under the green license until I sold it a couple of years ago and then cancelled when the new owner’s license was granted.

Now some argue that because my white license was refused I never migrated to the new system but that is not how I see it.


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I think when it gets approved to new owner. They cancel the license of previous owner. As it cant be on 2 at the same time. When they approve the white card I think their system sees it as a new owner. And then removes previous owner which is the green card. As you got refused. The transfer never happened to on system and you stayed on green card. But who knows.

[Wesley]

Rock and a hard place.

If I had to hand in a firearm to SAPS, I would treat it as gone forever. As you stated, let go of the revolver and re-start the process with a more suitable firearm.

I would ensure it is inoperable before doing so. I.e. Not functional as a firearm for hire from a SAPS lock-up. Can the legal eagles weigh in on this?

I wish people would make a bigger effort to stay up to date with their responsibilities as firearm owners.

I can see this and the proposed amendments are going to be a fuck up.

[shooty]

Rock and a hard place.

If I had to hand in a firearm to SAPS, I would treat it as gone forever. As you stated, let go of the revolver and re-start the process with a more suitable firearm.

I would ensure it is inoperable before doing so. I.e. Not functional as a firearm for hire from a SAPS lock-up. Can the legal eagles weigh in on this?

I wish people would make a bigger effort to stay up to date with their responsibilities as firearm owners.

I can see this and the proposed amendments are going to be a fuck up.

I have heard you may not damage the barrel. As they do ballistic test on it before destruction to make sure it was not used in a crime. Not sure how true this is.

[Pirate]

Rock and a hard place.

If I had to hand in a firearm to SAPS, I would treat it as gone forever. As you stated, let go of the revolver and re-start the process with a more suitable firearm.

I would ensure it is inoperable before doing so. I.e. Not functional as a firearm for hire from a SAPS lock-up. Can the legal eagles weigh in on this?

I wish people would make a bigger effort to stay up to date with their responsibilities as firearm owners.

I can see this and the proposed amendments are going to be a fuck up.

FCA prohibits rendering a firearm inoperable before surrendering to police.

[Paul]

Hmmm...according to some associations the green licence was invalidated if you migrated to the white cards at the time. They say that the green licence only remains valid if you did not change over.

I would like your statement to be correct. My uncle is in a similar situation.

Judge Prinsloo was absolutely crystal in his order in 2009. ALL (without exception) old licences are DEEMED to be valid. My emphasis... 'deemed' is like magic. It basically means that something is so, even if it obviously isn't.

[Paul]

It would make sense to me. I think the court order made no statement to such that there is a difference between those that forgot or those that applied under the new act and as such all green licenses are valid regardles, heavily punted on GOSA FB by a Zahir guy it seems. Maybe Paul can clear it up but that's my understanding.

Tough one as nobody wants to be the test subject in court especially if funds are limited. Must sign the old man up with GOSA too when I get a gap.

See my previous post.

Zaahir is exactly on point.

This is backed by our entire legal team of 15 (odd - some very) legal professionals. Somebody somewhere once said: "But will they be in court with you if you get arrested?" The answer is YES! They will!