FIDELITY SECURITY SERVICES V THE MINISTER OF POLICE

**curious george** · 22-04-2021, 15:48

SO ja, so the very same SCA that ruled against GOSA on allowing late renewals now decided that it's perfectly ok to make a new application for the very same gun that they said you can't apply for by means of a late renewal?

**SASwart** · 22-04-2021, 16:04

Originally Posted by curious george

SO ja, so the very same SCA that ruled against GOSA on allowing late renewals now decided that it's perfectly ok to make a new application for the very same gun that they said you can't apply for by means of a late renewal?

Not really... The GOSA case (CC Case) heard on the issue of the 90 day period in which to reapply i was heard and found to be in fact constitutional and valid, and it was noted that if you failed to reapply for your license, you could be criminally charged as being in illegal possession . The court confirmed this... Subsequently GOSA had another case which ended in the SCA, which you are referring to in which they tried to say the Police is incapable of handling and destroying FA's in which the licenses lapsed. GOSA lost this and the CC ruling and Act remains, if your license lapsed and you still have the FA, you are in illegal possession.

Now this new case (Fidelity SCA one) only says that the FCA does not prohibit you from reapplying for such a FA which license has lapsed.

The rest of the argument is as per other in the thread, how do you deal with the FA still in your possession (currently illegally)...

But you are also correct in way that unless you have very good reasons, and you miss the 90 day, you cannot reapply. Then you have to either sell it (move to dealerstock) or wait until license lapses and then only can you reapply...

**Paul** · 22-04-2021, 16:57

Um, no. The case you initially refer to was the SA Hunters case. You seem confused.

To be honest so are we... and, apparently the SCA.

**SASwart** · 22-04-2021, 18:06

Originally Posted by Paul

Um, no. The case you initially refer to was the SA Hunters case. You seem confused.

To be honest so are we... and, apparently the SCA.

Sorry yes you are correct, it is the SA Hunter case

**Adoons** · 22-04-2021, 19:15

I am not a legal expert, but I don't read any "way out" for late renewals and firearms already handed in under the amnesty and applications filed together with the handing in of firearms.