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  1. #1
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    Default Barrel replacement - new court decision

    Morning All , breaking news of a good type.
    The dealers association, SAAADA, has been in constant litigation with saps about numerous policy decisions of the cfr and the interpretation of the FCA by saps .
    SAAADA has been litigating the issue of barrel changes for several years , because saps issued two directives on the procedures required which were unlawful and were deemed to be so by the High Court. The initial 2017 directive was set aside and then the second directive was interdicted in 2019 on an interim basis , pending a full review .
    The review was argued late last year and Judge Davis gave judgment on Tuesday. The delay in the hearing I might add was occasioned by deliberate delaying tactics from the office of the state attorney .
    The salient points of the ruling are as follows:
    Paragraph 4.2.2 of the directive is set aside, which means a gunsmith does not have to certify the "necessity " of the barrel change, so if you want to change your barrel you can simply state why you want to do so.
    Paragraph 4.2.5 of the directive, the requirement that the replacement barrel must be licensed to the person changing the barrel BEFORE you change it was set aside because the the license held by any person who can legally possess the barrel is sufficient , ie if the barrel is in dealer or gunsmith stock it is deemed to be licensed .
    Paragraph 4.2.6 was set aside where the owner of the "old" barrel had to specify how the old barrel would be destroyed . Now the old barrel may be legally disposed of , you are not forced to destroy your property .
    Simply put, the process of changing barrels has now been pronounced upon by the High Court and the process will be simpler and more certain from here on.
    I will post an amended version of the directive later today.
    SAPS were ordered to pay SAAADA's legal costs.

  2. #2
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    Default Re: Barrel replacement - new court decision

    Thank you for posting that. It really is good news.

  3. #3
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    Default Re: Barrel replacement - new court decision

    Great news! Nibbling away at the elephant one bite at a time. Good on SAAADA for pushing through and a pox on the state attorney for pissing away our tax money on BS.

  4. #4
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    Default Re: Barrel replacement - new court decision

    My question remains: Great, new directives, but it does not help if we do all the paperwork (and I have two barrels that need replacing this year), submit all the paperwork, and they just ignore it like they do with most things. Was anything mentioned about CFR timelines that needs to be adhered to?

    Seems the best way remains a 271 on the new barrel, and keep the original in the safe. So, was this really progress?

  5. #5
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    Default

    Quote Originally Posted by pblaauw View Post
    My question remains: Great, new directives, but it does not help if we do all the paperwork (and I have two barrels that need replacing this year), submit all the paperwork, and they just ignore it like they do with most things. Was anything mentioned about CFR timelines that needs to be adhered to?

    Seems the best way remains a 271 on the new barrel, and keep the original in the safe. So, was this really progress?
    well, not everone shoots out barrels at the rate you guys do, but this gives relief to the guy who's beloved hunting rifle has come to the end of its barrel life, and makes replacing the barrel a viable option, rather than to have it almost be easier to buy a new rifle instead of just a new barrel.

  6. #6
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    Default Re: Barrel replacement - new court decision

    It's the striking down of a BS administrative obstruction. Every one of those is a win

  7. #7
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    Default Re: Barrel replacement - new court decision

    Quote Originally Posted by Pirate View Post
    well, not everone shoots out barrels at the rate you guys do, but this gives relief to the guy who's beloved hunting rifle has come to the end of its barrel life, and makes replacing the barrel a viable option, rather than to have it almost be easier to buy a new rifle instead of just a new barrel.
    Quote Originally Posted by oafpatroll View Post
    It's the striking down of a BS administrative obstruction. Every one of those is a win
    Gents, I get the 'win', but I feel it's superficial.. yes as pointed out, its removing some of the administrative burden. Problem is, the process remains an administrative issue. The guy with the beloved hunting rifle goes to $dealer_of_choice, does the paperwork, pays for a barrel, and then it sits on a desk at CFR because admin to them is work, and without a timeline to adhere to, I feel it's going to remain the shits-how that it currently is.

    Let me explain:
    -4.2.2 You buy a new barrel from a shop, they were going to give you a reason to change it anyway. In my case it makes it slightly easier, as I want to replace a semi-heavy barrel with a much longer heavy barrel, possibly structured, and now I can just do it. Most people replace shot out barrels, I'm sure the gunsmiths all have a pre-written word document for worn / fucked barrels where they just enter your name and weapon serial number.

    -4.2.5 I feel this just moves a goalpost. Shop won't release a altered firearm unless you have the card with the new details, and shops like Mojet who make their own barrels, well, it's in their stock anyway.. But I get the small win here if you want to insist on a certain place doing the work.

    -4.2.6 If you're replacing a shot out barrel, what is the point here? Who are you going to legally sell it to?

    My only hope is that the directive that CFR issues has a timeline to it for doing the admin, otherwise, it's just a long piece of string..

  8. #8
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    Default Re: Barrel replacement - new court decision

    4.2.2 In the past, the only reason accepted to replace a barrel was because it was shot out. Now, this makes it possible to replace a perfectly good one with another of your choice. Also, if you do not have dedicated status, you will still be able to do a barrel change without going over the limit of 4 firearms to your name.

    4.2.5 Now you no longer have to licence the barrel first in your own name before you can do a barrel replacement. That alone takes 2-3 months off for the new licence. As long as it is a licenced component, it doesn't have to be in your own name. It can be on your wife's name or the suppliers'.

    4.2.6 The perfectly good barrel you replaced can now go back into your own safe to be either kept for later use or sold to someone else to defray costs. Provide you have dedicated status or you are not over the limit if Section 15.

  9. #9
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    Default Re: Barrel replacement - new court decision

    Hi janfred

    I bet that the F-Class & Target Rifle guys are happy about this, still not as easy as in Aus, but a small step in the right direction.

  10. #10
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    Default Re: Barrel replacement - new court decision

    Why can we not buy a blank barrel and transfer the old number to the new barrel?

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