Unloading and Loading the pistol...

[h0stag3]

Hi ikor, I found it here ->

" South African Police Service
Division: Firearms, Liquor and Second-Hand Goods
Control
Pretoria
0001
2009-08-06
CONDUCTING OF SAFE INSPECTIONS: APPLICATIONS
FOR THE RENEWAL OF FIREARM LICENCES IN TERMS OF
THE FIREARMS CONTROL ACT, 2000 (Act No. 60 of 2000)
1. Regulation 86 of the Firearms Control Regulations, 2004
stipulate that when a firearm is not under the direct
personal and physical control of a holder of a licence,
permit or authorization to possess the firearm, the firearm
and its ammunition must be stored in a safe or strongroom
that conforms to the prescripts of SABS Standards 953-1
and 953-2, unless otherwise specifically provided in the
Firearms Control Regulations, 2004.
2. It is imperative and necessary in terms of regulation 86
(11) (a) that where storage of a firearm, other than a
firearm licenced in terms of section 13 of the Firearms
Control Act, 2000 (Act No. 60 of 2000) for self defence is
to be exercised, the firearm must be stored unloaded.
3. It is therefore a prerequisite that before the South
African Police Service can issue a firearm licence, permit or
authorization to a person to possess a firearm, such
person must prove that she/he do have the necessary
safe storage facility in terms of regulation 86 of the
Firearms Control Regulation, 2004.
4. In order to enhance service delivery and ensure a
smooth administration of applications for the renewal of
firearm licences of individuals, it has been decided that the
Designated Firearms Officer can accept a sworn affidavit/
solemn declaration from an applicant stating the he/she is
in possession of a prescribed safe as per paragraph 1
supra instead of the Designated Firearms Officer visiting
the premises of the applicant to inspect the safe storage
facilities.
5. In the case where an applicant is in possession of a
safe or strongroom for the safe custody of the firearms
which complies with the regulations under the previous
Arms and Ammunition Act, 1969 (Act No. 75 of 1969),
such safe or strongroom is deemed to comply with the
standards set out in SABS Standard 953-1 and 953-2
respectively.
6. It is required of the applicant to complete the sworn
declaration/solemn affirmation (Annexure “A”) in which
she/he acknowledge the contents of regulation 86 (1) and
86 (8) of the Firearm Control Regulations, 2004.
7. The applicant must further provide photographic proof
in color of the affixed safe and the location thereof.
8. The signed sworn declaration/solemn affirmation
together with the photographed safe/strongroom must be
submitted together with the application as an integral part
of the supporting documents that must accompany the
respective applications.
9. The responsibility is still with the relevant Designated
Firearms Officer to inspect the safes where a person
(applicant) refuse to sign the attached solemn declaration/
sworn affidavit or failed to provide photographic proof to
verify such safe storage facility or any other safe storage
facilities.
10. This directive must be implemented with effect from 11
August 2009.
11. Your co-operation to effectively implement the above
procedure is highly appreciated.
DIRECTOR
SECTION HEAD: FIREARMS, LIQUOR AND SECOND-HAND
GOODS CONTROL
JJ BOTHMA"

After chatting to the convincing BigT I can't not carry. lol. I feel uncomfortable about the thought of not carrying when I do get my gun.

Fun times ahead!

[h0stag3]

The above was found on SAGA's website

[Gunna]

I'd just like some clarity on my understanding of this. To my knowledge the law is governed by the act only and no regulations that are given out can supersede that. To my mind, the bit about storing a firearm unloaded is not in the act (or amendments) and therefore it is not enforceable. Did I just not find that bit in the act or is my understanding of what regulations can change incorrect?

Personally I avoid places where I have to store my firearm, but when I do have to, it comes out in it's holster. Holster and all goes into the safe. This is the only "safe" way to do it IMHO and nothing anyone says will change my mind on this.

[Skaaphaas]

The Act says it must be stored in a safe. The regulations can say how it must be stored in a safe. Yes, it is a fine line to not be ultra vires, but rather comply until the regulation is held to be invalid.

[SSP]

I'd just like some clarity on my understanding of this. To my knowledge the law is governed by the act only and no regulations that are given out can supersede that.

On that construction, what would be the purpose of any regulation?

The act empowers the minister to make regulations which are enforceable. The FCA is not the only act which does this.

It is a regulation promulgated in terms of the act. Reg 86 (11)(a).

[Gunna]

Ah, that makes sense then, thanks.