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  1. #1
    User Paul's Avatar
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    Default GOSA was at Pretoria High Court supporting SAAADA yesterday

    Update from the Dealers Association:

    From late November 2024 the SAPS Border Police at OR Tambo airport, with support from the head of CFR, unilaterally and without prior notification decided that the serial number engraved on the usual chamber area of a pistol barrel was not ‘on the barrel’. This, after decades of permitting these pistols to be imported into South Africa, marked in exactly the same way!Somehow these SAPS officials grabbed onto the notion that “the chamber” is not“the barrel” – in the case of Glock pistols, Sarsilmaz pistols, and other EU brands. Other than “chamber” sounding different to “barrel”, no one from SAPS has yet explained what changed from October (pistols inspected, and found compliant to the FCA) to November (pistols inspected, and found non-compliant to the FCA).


    These are firearms where the barrel has a serial number properly applied by the manufacturer (typically to EU-standards); we are not referring to firearms (typically USA-made) where the barrel bears no serial number at all. The latter was previously decided in court, where industry agreed to apply the ‘firearm serial number’ to the barrel after importation,via a so-called “Section 23 Notice”.

    Because Brigadier Sikhakhane, head of CFR, simply refused to even meet with us to discuss the matter, SAAADA and the affected importers took the matter to the Pretoria High Court on an urgent basis.

    The matter was heard this morning (15 January 2025) by Judge Labuschagne, who seemed to grasp the essence of the case from the submitted court papers.

    1. SAPS created the fiasco by deciding that “the chamber” is not “the barrel” and tried to make this illogical case in their papers, and in oral argument.
    2. SAAADA made the case that “the chamber” is simply a hole in the rear of the barrel (the front hole is the muzzle) and “the chamber” is not a separate item (as CFR contends). Thus, the serial number “on the chamber” is a serial number “on the barrel”. For simplicity and because it covers most firearms, we constrained our case to a “unitary barrel” where the chambered barrel made from one single piece of metal.
    o Section 23(2) of the FCA requires “The identification number must be stamped and the mark affixed in the prescribed manner on the barrel and the frame, or the barrel and the receiver, of the firearm”.
    o The legislation does not prescribe where the serial number must be on these main firearm components.
    o The FCA fails to define a barrel; it’s not an easy thing to define!
    o Regulation 41(s) provides that “a manufacturer may supply a barrel that is unchambered, partially chambered or pre-chambered for a specific calibre …”
    3. SAPS / CFR officials “changed their decision” declaring these pistols complaint. An administrative decision like this cannot simply be changed without due process, so formed part of the matter. It is likely moot should the main thrust of the case succeed. Nevertheless, it was addressed by both parties.
    4. The matter of legal ‘urgency’ was also debated during the lengthy proceedings (over 2 hours), with SAPS contending the matter was ‘not urgent’ while our legal team presented evidence that (we believe) substantiated ‘urgency’.
    5. We feel that we received a thorough hearing and that Judge Labuschagne explored all arguments and counter-arguments.
    6. Judgement is reserved, so it will take some days (perhaps weeks) for Judge Labuschagne to rule on the matter.

    Imagine if all new firearms require additional‘barrel serial numbers’ in future! A higher cost to the consumer is inevitable(with no added value to law enforcement). Some importers have already been advised by their manufacturers that this would void their warranty, so those brands might simply disappear from our market. Undesirable for everyone.

    SAAADA would like to thank Bernhard Agencies and Nicholas Yale for taking up this matter for our industry. Several other importers were impacted in the same way at the same time, but chose different courses of action. These two principled stalwarts of the firearms industry took a moral stand – at great financial cost – to try to prevent this and further irrational behaviour from SAPS. Please support these guys – they support you!

    Regards,
    Jonathan
    "Always remember to pillage before you burn"
    Unknown Barbarian

  2. #2
    User Paul's Avatar
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    Default Re: GOSA was at Pretoria High Court supporting SAAADA yesterday

    The SAPS definition of a barrel is the 'tube with the grooves'. The chamber is, according to the experts over at Faulty Towers (who have special training that enables them to see through metal), NOT a part of the barrel! Gunsmiths and manufacturers might be shocked to learn this.

    According the SAPS the serial number MUST be on the barrel (the tube with the grooves), NOT the chamber.

    In physiological terms your elbow is not part of your arm.
    "Always remember to pillage before you burn"
    Unknown Barbarian

  3. #3
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    Default Re: GOSA was at Pretoria High Court supporting SAAADA yesterday

    Luckily they are fucking about in court with our money so it won't affect them personally. I'd hate to see these fearless defenders of the citizenry have to eat their own lunch.

  4. #4
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    Default Re: GOSA was at Pretoria High Court supporting SAAADA yesterday

    Fookin clowns

  5. #5

    Default Re: GOSA was at Pretoria High Court supporting SAAADA yesterday

    Can an IQ test deliver a negative score?

  6. #6
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    Default Re: GOSA was at Pretoria High Court supporting SAAADA yesterday

    Oops . I have a couple of "Illegal" chambers.

  7. #7
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    Cool Re: GOSA was at Pretoria High Court supporting SAAADA yesterday

    According to Mr Google

    A firearm barrel is a metal tube that propels a projectile, such as a bullet, out of a gun. It's a vital part of a firearm, and is found in small firearms, artillery pieces, and air guns.

    How it works
    The barrel's hollow interior is called the bore.
    The bore can be smooth or rifled.
    The rear end of the barrel is called the breech.
    The breech is closed by a breech plug.
    The barrel is connected to a receiver, which contains the firearm's operable parts.
    The barrel is propelled by an explosive charge, such as burning gunpowder or compressed air.
    The projectile is guided in the desired direction by the barrel.

    Yes, the chamber is part of a firearm's barrel, but it's located at the rear end. The chamber is where the cartridge is inserted and fired.

    Well I guess if they talk about a revolver we can agree

  8. #8
    Moderator SSP's Avatar
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    Default Re: GOSA was at Pretoria High Court supporting SAAADA yesterday

    Well if CFR's definition of a barrel is only the part of the pipe with the scratches inside, then .22LR chamber inserts for 5.56 rifles do not have to be licenced.
    Cattle die, kindred die, every man is mortal:
    But I know one thing that never dies,
    the glory of the great dead.
    Havamal

  9. #9
    User Paul's Avatar
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    Default Re: GOSA was at Pretoria High Court supporting SAAADA yesterday

    Quote Originally Posted by SSP View Post
    Well if CFR's definition of a barrel is only the part of the pipe with the scratches inside, then .22LR chamber inserts for 5.56 rifles do not have to be licenced.
    Noice!
    "Always remember to pillage before you burn"
    Unknown Barbarian

  10. #10
    Member Cardinal's Avatar
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    Default Re: GOSA was at Pretoria High Court supporting SAAADA yesterday

    Quote Originally Posted by Paul View Post
    Several other importers were impacted in the same way at the same time, but chose different courses of action.
    Would be curious to know what these were. Did they start copying the serial numbers (further forward) onto the barrels?

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