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  1. #1
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    Apr 2017
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    Default QUESTION ON "TECHNICALITY" OF APPROVED LICENSE WITH STORAGE PERMIT

    Morning all.

    I am wondering about something of probably "legal-technical" nature and thought I would test your feelings and some input maybe.

    I bought a G19 privately back in January 2020 and immediately applied for licence. Also got a storage permit up to 31 December 2020, so it's been sitting in my safe since then.

    Got my SAPS licence approved SMS last week (but obviously still waiting on card).

    So basically I have a firearm in my legal possession (storage permit), and licensed to me (although still waiting for the card). I want to go to range this afternoon/tomorrow to test some newly reloaded ammo and burning to take the Glock along as well.

    Am I taking too much of a chance on this, or is it something that (in the highly unlikely event that I "get caught") can be sorted out easily afterwards with an explanation/affidavid?

    I would appreciate some input on this.

  2. #2
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    Jul 2009
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    Cape Town
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    38
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    Default Re: QUESTION ON "TECHNICALITY" OF APPROVED LICENSE WITH STORAGE PERMIT

    If stopped you need to provide your license card within 7 days and the firearm can be confiscated. So the risk versus reward for me is too high. The storage permit does not allow it to leave the safe so any cops will likely not care.

  3. #3

    Default Re: QUESTION ON "TECHNICALITY" OF APPROVED LICENSE WITH STORAGE PERMIT

    I am in the same position. My DFO was explicit in her instructions. Wait for your card.
    If you use it I will have you arrested.

    Ignoring her instructions will be irresponsible on my part, will put an end to her trust in me
    and could quite easily lead to repercussions for the firearm community.

  4. #4

    Default Re: QUESTION ON "TECHNICALITY" OF APPROVED LICENSE WITH STORAGE PERMIT

    Its a real bitch to argue the finer points of the law in a dirty stinking cell. I am wary enough with my actual card at a roadblock.

  5. #5
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    Mar 2014
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    River Club, Sandton
    Posts
    991

    Default Re: QUESTION ON "TECHNICALITY" OF APPROVED LICENSE WITH STORAGE PERMIT

    What are they going to arrest you for? Possession of your own licensed gun , albeit without the licence card??????

    A dealer I know got into an argument with the higher ups about this - they did an inspection and noticed guns in the safe that were not on his dealer stock (as they had been transferred onto buyer's names), and when he told them they belonged to customers who had yet to collect them upon receipt of licence cards, they gave him a mouthful. His policy thereafter is if you can show him the approval SMS, you can come and collect your gun.

  6. #6
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    Mar 2014
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    River Club, Sandton
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    991

    Default Re: QUESTION ON "TECHNICALITY" OF APPROVED LICENSE WITH STORAGE PERMIT

    Quote Originally Posted by lokx View Post
    If stopped you need to provide your license card within 7 days and the firearm can be confiscated. So the risk versus reward for me is too high. The storage permit does not allow it to leave the safe so any cops will likely not care.
    "106. (1) Subject to section 107, any holder of a licence, permit or authorisation issued in terms of this Act must—(a) produce the licence, permit or authorisation for inspection within seven days of being required to do so by any police official or by any person authorised by the Registrar;"

    FCA says nothing about a "licence card", so is there a presumption that the 'printout', or the officer looking on the screen, counts as 'authorisation'?

  7. #7

    Default Re: QUESTION ON "TECHNICALITY" OF APPROVED LICENSE WITH STORAGE PERMIT

    Quote Originally Posted by JhbBoy View Post
    "106. (1) Subject to section 107, any holder of a licence, permit or authorisation issued in terms of this Act must—(a) produce the licence, permit or authorisation for inspection within seven days of being required to do so by any police official or by any person authorised by the Registrar;"
    Question

    1) How different is the printout compared to a permit or authorisation?
    2) If the firearm is officially on your name is the authorisation box not ticked then?


    What is the difference between card and the print out? As both cover full details as well as the application number which is on the back of the card and is on the printout.

    I asked a dealer this question and he could not answer me

  8. #8
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    Jul 2009
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    Cape Town
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    Default

    Quote Originally Posted by JhbBoy View Post
    "106. (1) Subject to section 107, any holder of a licence, permit or authorisation issued in terms of this Act must—(a) produce the licence, permit or authorisation for inspection within seven days of being required to do so by any police official or by any person authorised by the Registrar;"

    FCA says nothing about a "licence card", so is there a presumption that the 'printout', or the officer looking on the screen, counts as 'authorisation'?
    Well from different legal opinions they all agree that the license card is proof of the license so the card is the authorization you need to produce. However if you feel like it I’m sure it could be tested in court. I would not waste my time, money and still potentially lose. I also hardly feel like the beat cop is where you want to argue this.

  9. #9
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    Jun 2009
    Location
    Bloemfontein/Molo Kenya
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    6,102

    Default Re: QUESTION ON "TECHNICALITY" OF APPROVED LICENSE WITH STORAGE PERMIT

    If your wallet gets stolen or lost with your card in it are you immediately unlicensed to carry your FA? The card is only physical proof of a license granted. It only takes one phone call to verify if in fact you have a valid license.


    Sent from my iPhone using Tapatalk

  10. #10
    User
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    Feb 2010
    Location
    West Rand
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    33
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    2,121

    Default Re: QUESTION ON "TECHNICALITY" OF APPROVED LICENSE WITH STORAGE PERMIT

    The card is not the licence. Some licences (temp, additional etc) don't get a card.

    Id take it with if I were in that situation they can just phone CFR and check (as they should even if you have a card)

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