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28-10-2020, 08:06 #1
- Join Date
- Aug 2009
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- Primrose
- Posts
- 278
Firearm put on Dealer stock but license kept by dealer
Good morning all. I have a question to ask please. I gave my firearm in to be made dealer stock. Dealer took the firearm but kept my license. Is that the right procedure or must I ask for my license back? Thanks for the replies.
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28-10-2020, 08:13 #2
- Join Date
- Jul 2008
- Location
- Not where I want to be..
- Posts
- 12,596
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28-10-2020, 08:42 #3
- Join Date
- Jan 2019
- Location
- JHB and BFN
- Age
- 47
- Posts
- 1,521
Re: Firearm put on Dealer stock but license kept by dealer
They are correct in keeping your licence card.
As DS pointed out, you have relinquished ownership and passed ownership on to the firearm dealer.
SAPS require the original licence card when processing the dealer stock application and form SAPS534
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28-10-2020, 08:43 #4
- Join Date
- Oct 2017
- Location
- The Vaal Triangle
- Age
- 34
- Posts
- 3,160
Re: Firearm put on Dealer stock but license kept by dealer
Yes as everyone has said, they keep your license.
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28-10-2020, 08:55 #5
- Join Date
- Aug 2009
- Location
- Primrose
- Posts
- 278
Re: Firearm put on Dealer stock but license kept by dealer
Thank you gents for the answer. I just wanted to make sure that all was above board.
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28-10-2020, 09:12 #6
- Join Date
- Jun 2014
- Location
- Gauteng
- Age
- 51
- Posts
- 3,602
Re: Firearm put on Dealer stock but license kept by dealer
Yes, this is correct (as per the replies above). Once the FA goes onto dealer's stock, then you no longer have rights to use or possess the FA.
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28-10-2020, 09:14 #7
- Join Date
- Jan 2019
- Location
- JHB and BFN
- Age
- 47
- Posts
- 1,521
Re: Firearm put on Dealer stock but license kept by dealer
More specifically, when dealerstocking and even if the FA is still yours, you are relinquishing the licence even if you still own the FA.
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28-10-2020, 09:50 #8
- Join Date
- Jun 2014
- Location
- Gauteng
- Age
- 51
- Posts
- 3,602
Re: Firearm put on Dealer stock but license kept by dealer
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28-10-2020, 12:38 #9
- Join Date
- Jan 2019
- Location
- JHB and BFN
- Age
- 47
- Posts
- 1,521
Re: Firearm put on Dealer stock but license kept by dealer
Apologies, my previous message was hastily typed, prematurely and accidently sent when receiving a phone call.
To branch out on the comments that followed.
Depending on the scenario and reason for dealer stocking, ownership will technically vary in some instances.
Some will have a varying viewpoint of the ownership aspect and how to interpret it.
They are free to point out my errors and correct me where wrong.
Depending on any sales agreement entered into either with a gunshop or personal sale or purchase, the finer details and sales agreement will determine actual ownership of the FA until a new license has been issued. If the FA is paid for in full then the new owner is the person who has purchased the property. (the FA)
In all cases, when a FA is dealer stocked or put into a dealers stock, the original licence is kept by the dealer and submitted to SAPS when paperwork is processed and at the time of dealer stocking the license is relinquished and the responsible person becomes the dealer or gunshop who is placing the FA into their dealer stock.
The actual license enables you to carry, operate, use, have in your possession etc the actual firearm.
I can legally own a FA and have it in dealer stock but technically I cannot have it in my possession as I don't have the license and the dealer cannot release it.
If I have bought a new or second hand FA from a dealer, paid it off in full making it my property and the gunshop has a shooting range, I can use my aforementioned FA I have purchased and shoot it on their indoor range on premises.
The property (FA) is technically mine, making me the owner, but I may not physically possess it until I have a licence issued.
If I never licence it and decide to sell my legal property again, that is at my discretion but the shops administration and storage fees will come into play.
If they don't get paid then after a fair notice period and the gunshop attempting to contact me for monies due then a legal aspect comes into play to recoup the expenses and the FA may then be sold after a fair time period and honest attempt at contacting the owner to recover costs.
I can legally buy a FA from someone as a personal or individual sale thus making me the new owner but I cannot possess it until the FA is licenced in my name.
I can use the FA when the previous owner and current licensee is physically present and permits so.
I can legally own the FA as it is my paid for property, have it in my safe with the relevant storage documents but may not handle or use it as I have not received a licence card yet. It is in my possession as the new owner but the current licensee (old owner) still has a legal responsibility until a new licence has been issued in my name and I may then legally handle, carry, use etc the FA.
I can leave the bought FA in the current licenced owners safe whilst I apply for a new licence in my name but legally I am the owner of the property (FA) as I have it paid for in full but may not have it in my possession as it is not yet licensed in my name.
In the case where a FA is bought from an individual and put into dealer stock and storage and a new license application is made, when the FA has been paid for it is my legal property making me the owner but I cannot possess it until my licence has been approved.
The unpaid storage fees and costs should they be incurred are where a dealer or gunshop can legally sell your property after a fair time of attempting to make contact or trace the new owner (not previous owner) and if unsuccessful then the property can be sold to defray expenses thus you forfeiting the ownership.
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28-10-2020, 13:27 #10
- Join Date
- Feb 2012
- Posts
- 1,747
Re: Firearm put on Dealer stock but license kept by dealer
I have not had my license taken away. Done at a reputable dealer that is very well aware of the law. I don't see reason they need the licence as I assume it is now redundant.l, I would be more concerned that it is not kept safely and later fraud may arise out of it?
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