Transfering ownership of Expired Licensed firearm

**Wiggs213** · 14-12-2017, 11:50

Hi

Quick question, if the firearm license has expired must it be renewed by the original owner before the application is done by the new owner or can it be done without a renewal?

Are there any other options? Example booking it into a dealer?

Regards

**Gleock** · 14-12-2017, 12:01

If the licence has expired you are screwed, leave it in the safe and wait for the con court ruling next year.

**GORBY** · 14-12-2017, 12:09

I am sitting with the same dilemma. Someone gifted a handgun to me with expired licence (no green license). The advice that I got was:
1- Stay away
2- Registered owner must wait for Feb'18 verdict, and if allowed will have to first renew FA before it can be transferred (depending on verdict)
3- Discussed with two dealers, but apparantly they can't take expired (un)licenced firearm into stock to re-sell

Apparantly the only options at this stage is for the original owner to:
- hand in the FA at SAPS for destruction
- wait it out for the verdict early next year and hope for the best.

**Wiggs213** · 14-12-2017, 12:23

Waiting will be the best option hopefully it pays off... Thanks for the info

**Paul** · 14-12-2017, 12:54

According to the interim portion of Justice Tolmay's ruling... not the part that has Constitutional implications, but the bit where she deals with what must happen before the ConCourt confirms her main ruling... the expired licence firearms are still licenced and may be used/sold/licenced. SAPS (no big surprises here) are ignoring the ruling and pretending that it never happened.

**Speed_Freak** · 14-12-2017, 13:31

Originally Posted by Paul

According to the interim portion of Justice Tolmay's ruling... not the part that has Constitutional implications, but the bit where she deals with what must happen before the ConCourt confirms her main ruling... the expired licence firearms are still licenced and may be used/sold/licenced. SAPS (no big surprises here) are ignoring the ruling and pretending that it never happened.

This is why my collectable Boxed HK Model 4 with Additional 22LR Upper is sitting in a dealer safe somewhere.
DFO will not process the Dealer stock take-on form :(

**Paul** · 14-12-2017, 14:00

Originally Posted by Speed_Freak

This is why my collectable Boxed HK Model 4 with Additional 22LR Upper is sitting in a dealer safe somewhere.
DFO will not process the Dealer stock take-on form :(

That refusal on SAPS' part is totally ultra vires and cries out for judicial review.

Can you get the refusal in writing?

**Speed_Freak** · 14-12-2017, 14:08

Originally Posted by Paul

That refusal on SAPS' part is totally ultra vires and cries out for judicial review.

Can you get the refusal in writing?

I will ask the guys at the Dealer to do so

**Speed_Freak** · 14-12-2017, 15:15

I asked the dealer as to why the app was refused.
They are told that when expired license apps are taken through they are turned away, the reason, they are waiting for the court results.
No writing, just verbally told that the applications will not be processed...

**Paul** · 14-12-2017, 15:18

Originally Posted by Speed_Freak

I asked the dealer as to why the app was refused.
They are told that when expired license apps are taken through they are turned away, the reason, they are waiting for the court results.
No writing, just verbally told that the applications will not be processed...

Ahh... so 'good enough to take to the bank' then?