Self-defence use of a firearm licensed for hunting, sports-shooting or collecting

[Gunservant]

Wouldn't we be better off asking these questions to each other than answering these questions to the local DFO after he confiscated your SLR. Kak cheaper than having to hire a senior council advocate to bail you out of Jozi central. To the poster of this thread, tread cautiously. The Rambo that gave you "advise" wont be alongside you when the kak hits.

Seriously?

[Skaaphaas]

This isn't going any further. If you don't want to carry it, that's fine. If you want to debate the legalities, that's also 100%.

If you want to interpret the law in an improper way, use DFOs and CFR staff as authority for clearly incorrect statements and generally not believe what any lawyer says, you are welcome to do so, but don't expect me to humour you all the way. At some point, I am going to assume you don't want to hear the answer, but just argue for the sake of making yourself feel better about your incorrect viewpoint.

Incidentally, I have nothing to gain by telling you how the FCA works. I don't do bail applications or any other sort of criminal law anymore, and to the contrary, I would not want any lawful owner of a firearm doing anything contrary to the act that might make the act get amended for the worse, or paint us in a bad light.

Take my advice, or don't.

[ravingDIODE]

Seriously?

+1...

Read the numerous posts and looooong threads that this has all been discussed. You will clearly see what the consensus is and what the law says.

If you read all which have been said ad nauseum on the forum, you will clearly know what the response will be.

We are not here to please our DFO who knows only half the law. We are here to know the law.. And act within it.

No need to change the way you read the law or "interpret" it so that it coincides with your DFO.

If DFO takes a FA off because they don't know the law, the sh&t storm that will follow them will ensure they only do it once.

You are arguing here with those who have, and does and always will carry sport firearms etc for any legal purpose and we have not heard any cases of issues.

No matter who says what, be it someone high up or your organisations chief. Read the law. What is says is what is says. No need to find things in there which does not exist.

If you want to read it in your own way and not carry a S16..then fine. Do what you want. But don't come and stirr and confuse the masses and general public who rely on the forum for sound advice based on what the law says.

If we didn't know any better we would say you are purposefully stirring..or trolling.

However, we will gladly hear you out. As long as it is based on the law and what it says. Not what one thinks it says.

Yes the FCA isn't as clear as it should be, but it sure ain't a mystery...

Psalm 144 vs 1..

[fivefivesix]

Ok.. have a lekker sunday boys. Thanks for the advice guys.

[WarHawk]

Just to add my 2cents...

The post went off topic where it compared storage to carrying, so to bring it a bit back onto track.

I spoke to a laywer about this the past weekend and he stated the following:

The law looks at it in the way of "what would a reasonable person do", if you are in bed and an intruder is threatening you and your family and you only have a gun on a sport licence and you use it to defend your life, you are still acting legally and you cannot be prosecuted for using your sport handgun to defend yourself instead of your self defence handgun.

The reason why i asked him this specific question is because i was involved in 5 attempted highjackings the last 3 years and because of the last one where i almost lost my life, i deceided to start doing IDPA... so now my problem was that my handgun is registered for sport and i carry it with me when i drive around at night for self defence. He told me that as long as i have proof that my life was in danger a reasonable man would defend himself with any means nessecary if his life is in danger. To be able to proof it i got myself a GoPro with a headstrap, so anything i look at will be recorded :)

[Tracker_WP]

Yes. The law does work on the premise of "what would any reasonable person do if put in a life threatening situation". Thus, you can defend your life or that of a helpless 3rd party by any means necessary, whether you use a FA or car or your bare hands... well...

Obviously if you EDC whilst felling trees with a chainsaw, and you need to defend your life against a BG, it would be wiser to use the FA

[SSP]

The law looks at it in the way of "what would a reasonable person do", if you are in bed and an intruder is threatening you and your family and you only have a gun on a sport licence and you use it to defend your life, you are still acting legally and you cannot be prosecuted for using your sport handgun to defend yourself instead of your self defence handgun.

This is something of a mixed message.

What a particular firearm is licensed for, or indeed whether or not such firearm is licensed at all has no bearing on whether or not a self defence shooting is lawful.

What one uses to defend oneself is irrelevant.

One cannot be prosecuted for using, in self defence, or carrying, for that matter, a sport gun simply because it is not a crime.

The act entitles me to be in possession of all of my firearms. It also entitles me to use them for any lawful purpose.

[CarlosC]

I carry my sport handgun everyday with me and also one up, if I should use it to protect myselve can the everyday carry be used against me in court. Would a avarage sport shooter carry his gun everyday with him? I agree that the use of the gun to defend me will be lawful but the reason why I carry it everyday not, can I be declared incompetent to own a sport gun or even be prosecuted?

[ravingDIODE]

Well....all your questions can be answered with the all too familiar phrase which is repeated often in the FCA. Any legal firearm can be used for any legal purpose.

It is legal to carry a firearm concealed if it is licensed.

I can everyday carry my hunting rifle in a bag on my shoulder if I want to. It will be uncomfortable as hell and I will get plenty of glares buy not illegal.

Don't try and find fault where there is none.

I can go in detail and quote the FCA, but that has been done enough in this thread already..

Sent from my GT-I9100 using Tapatalk

[SSP]

I carry my sport handgun everyday with me and also one up, if I should use it to protect myselve can the everyday carry be used against me in court. Would a avarage sport shooter carry his gun everyday with him? I agree that the use of the gun to defend me will be lawful but the reason why I carry it everyday not, can I be declared incompetent to own a sport gun or even be prosecuted?

Have you even read this thread, and the legion others like it?