SECTION 15 & 16 HANDGUNS AT ROADBLOCKS

[PCfanatic]

I can't find the originally quoted message on the NATSHOOT website, and also did not receive such a message from NATSHOOT?

It was received via email.

[MrK]

So, in order to have some measure of protection, I must now carry my Sec 13 firearm to and from the range when transporting other firearms? Question is where do I store the Sec 13 FA once I reach the range?

[Davidc]

Yip, ask me who drove with a "expired" drivers license, despite the minister of transport giving extentions, making them valid. Not even showing them his video, saying it on the news, stopped them from slapping me with a R500 fine. At least it is renewed now, just waiting for it to be printed due to the huge backlog.

Slight highjack but your drivers license does not expire.

https://www.news24.com/amp/wheels/op...pires-20201214


Sent from my iPhone using Tapatalk

[SASwart]

This matter has caused a lot of confusion, even among the people owning FA's, attorneys etc. This was about to happen sometime. Hopefully this would cause someone to ask for a declaratory order which may then remove any further doubt as to carrying of S13/S15/S16 FA in general, hopefully to the touchy subject of carrying a S15/S16 for SD....

[oafpatroll]

This matter has caused a lot of confusion, even among the people owning FA's, attorneys etc. This was about to happen sometime. Hopefully this would cause someone to ask for a declaratory order which may then remove any further doubt as to carrying of S13/S15/S16 FA in general, hopefully to the touchy subject of carrying a S15/S16 for SD....

Unfortunately it may not go our way.

[shooty]

Im a Natshoot member for years. And get frequent emails from them about issues they want to bring to members attention.

I have not received this via my email yet as other correspondence.

So to me at this point Spam.

I do not believe for a second SAPS members at roadblocks are checking Section status.

They will check if you have licence. Might even confirm with their Call Center if you ahve a license. The type is irrelevant.

Also law nowhere ways ammo in or out during transport.

[oafpatroll]

Im a Natshoot member for years. And get frequent emails from them about issues they want to bring to members attention.

I have not received this via my email yet as other correspondence.

So to me at this point Spam.

I got it from their notifications email address (natshoot@emails.natshoot.co.za) so it was definitely sent by them. If a grumpy SAPS member wants to ruin your day they will find a way and having a 'discussion' with one on the finer points of the FCA would probably be unrewarding.

[1911 Guy]

I think this is a provincial issue, over the weekend I was travelling from Cape Town central to Knysna. I was carrying my S16 appendix, at the roadblock the officer asked if I have any firearms, I responded yes in my possession and on me. He said please pass me your license and make your weapon safe so I can see if your serial number corresponds. The process took 5mins with zero issues.

[oafpatroll]

I think this is a provincial issue, over the weekend I was travelling from Cape Town central to Knysna. I was carrying my S16 appendix, at the roadblock the officer asked if I have any firearms, I responded yes in my possession and on me. He said please pass me your license and make your weapon safe so I can see if your serial number corresponds. The process took 5mins with zero issues.

That sounds like it's supposed to be. I haven't been asked about firearms at a roadblock for 15+ years. Last time I remember it happening was in the rural Eastern Cape.

[Welshman]

Just recieved this update from NATSHOOT via e-mail ...

Dear Member,

From the feedback that I have received, it is clear that the last sentence in yesterday’s email with the same heading was badly worded and communicated the wrong message. Except for the last sentence, the rest of the email represented the words of the policeman at the roadblock. If that was not understood in that manner, I apologise for communicating badly.

The purpose of yesterday’s e-mail was to warn members of reported actions of Police officers at roadblocks and confrontations that they may expect. In this instance it is clear that I should have tried to explain the legal implications more completely.

Natshoot has given its legal team instructions to urgently send a letter to the National Commissioner of Police to get clarification on SAPS’ interpretation on the carrying and use of firearms for self-defence for which licences have been issued in terms of section 15 or 16 of the Firearms Control Act.

We have also given instructions to our legal representative to obtain a legal opinion with practical guidelines on the matter and it will be circulated to our members in the next few days.

Natshoot has always seen this as an important and contentious issue. In this regard our legal advisor, Mr. Juan Kotzé in December 2017 already stated the following in a legal opinion he compiled on our request in respect of the use of section 15 and 16 firearms for self-defence. On page 5 of that document, he states: “An analysis of the Act shows that it does not contain any words that constitute either a legal norm, criminal norm, or criminal sanction to the effect that carrying, and use of firearms licensed in terms of sections 15 and 16 for a different purpose than hunting or sports shooting, is not allowed or that it constitutes a crime”.

In this context we suggest that members read, or re-read the Newsletter, containing Mr. Kotzé’s legal opinion on this matter – https://natshoot.co.za/newsletters/2018/vol-14-01

There is no stipulation in the Firearms Control Act (FCA) or its Regulations which prohibit travelling with a loaded section 15 or 16 firearm (probably more common a handgun). Neither that such a firearm may not be carried on the person when travelling.

There is also no stipulation in the FCA or its Regulations which prescribes the manner in which privately owned sport shooting or hunting firearms should be transported. There is also no stipulation which says the firearm has to be transported in a bag with the ammunition separate (despite the fact that it might be common practice among sport shooters and hunters alike).

It is unclear as to why the policeman at the reported roadblock did not interpret the stipulations of the FCA and its Regulations correctly.

Please be assured that Natshoot will continue to protect its members’ rights and will consider launching a court application to set aside any SAPS instructions which infringes on firearm owners’ rights.


Kind regards,
Herman Els