Control Amendment Bill in Parliament no later than May
27 February 2006
The draft Firearms Control Amendment Bill was published for public comment
in the Government Gazette on 24 February 2006. (Pretoria, Vol No. 488, Gazette
No. 28545 dated 24 February 2006, Notice No. 314 of 2006,)
This came about as a result of consultative meetings between the Minister
for Safety and Security, Mr Charles Nqakula, and various stakeholders on the
implementation of the Firearms Control Act, 2000.
At a meeting held in January 2006, Minister Nqakula indicated that he would
introduce the Bill in Parliament, by no later than May 2006.
It is of vital importance to take note that the draft Bill contains mere
proposals which are published in order for the wider public to submit comments,
on or before 31 March 2006. The draft Bill does not affect the existing legal
position and therefore it is essential that all legal firearm owners must still
comply with the existing provisions of the Firearms Control Act, 2000. The Bill
should not be viewed as placing a moratorium on the renewal of firearms
licenses issued under the repealed Act. Firearms owners who wish to renew their
licenses, permits and authorisations issued under the repealed Act, must
strictly comply with the periods determined by the Minister for such renewal.
Holders of such licenses, permits and authorisations issued under the repealed
Act, and who were born during 1 January and 31 March, must still apply for
renewal of their licences, permits or authorisations not later than 31 March
2006.
The following main proposals are made in the Bill:
* The periodic renewal of firearms licences will be substituted by the
periodic (five-yearly) obtaining of a competency certificate and the auditing
of the firearms belonging to a legal firearms owner. Instead of applying for
individual firearms, it will only be necessary to apply for a competency
certificate every five years.
* The limitation of the number of firearms, which may be possessed under the
new Act in respect of defined categories, will only apply to new applications
in terms of the present Act. The restriction in numbers will therefore not be
applicable to firearms, which were licensed under the repealed Act, and of
which the licenses are renewed. Owners of firearms which were licensed under
the repealed Act will be able to re-license such firearms after obtaining a
competency certificate, within the scheduled time-frames.
* It is proposed that âreplicasâ of muzzleloaders must be removed from the
definition of âantique firearmsâ and in that in future such âreplicasâ must
also be licensed.
* The definitions of âoccasional hunter/sportspersons are amended in order
that such persons may also belong to accredited organisations.
* The Bill will enable prosecutors to determine admission of guilt fines in
respect of minor offences without it resulting in the offender being
automatically declared unfit to possess a firearm. The Registrar may, however,
independently still conduct an enquiry to determine whether a person who paid
Admission of Guilt still remains fit to possess a firearm.
* All collected firearms must be made inoperable. Furthermore, private
collectors are in terms of the Bill obliged to place the moving parts of
semi-automatic and prohibited (automatic firearms) in safekeeping at a place
which is separate of the firearm concerned and which is acceptable to the
Registrar of Firearms. The number of cartridges, which may be collected, is
also reduced.
* An amendment to the effect that âa shotgun manufactured to fire no more
than five shots in succession without having to be reloadedâ, can be licensed
to a dedicated hunter or dedicated sports person, as the present limitation is
inhibiting South African Sports persons to compete internationally.
* Provision is made to control the brokering of firearms.
The draft Firearms Control Amendment Bill is available on the South African
Police Service (SAPS). website http://www.saps.org.za
Comments on the Bill can be submitted on or before 31 March 2006, to the
following address:
Director P Van Vuuren
Legal Services: SAPS
Private Bag X 302
Pretoria
0001
Email: Pikkie1@webmail.co.za
Fax: (012) 309 3333
Enquiries:
Trevor Bloem
Cell: 082 778 3561
Hangwani Mulaudzi
Cell: 082 555 3505
Issued by: Department of Safety and Security
27 February 2006
