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FIREARMS CONTROL ACT 60 of 2000
[Updated
to 14 April 2023**]
**Date of last changes incorporated in this Act.
________________________
English text signed by the President
Assented to 4 April 2001
__________________________
Published: G. 22214 of 10 April 2001
Commencement: 1 July 2004 – Proc 28, G. 26374 of 28 May
2004
[Commencements: ss
1(ii),(iii), (iv), (vi), (xii), (xxiii), 2, 5, 113, 120(1)(a) and (c), 121, 140
and Schedule 4 to the extent that it relates
to the penalties prescribed for a
contravention of s 140(2): 1 June 2001 – ProcR 33 in G. 22347 of 1 June 2001;
Ss 1(i), (v), (ix), (x), (xi), (xvii), (xix), (xx), (xxi), (xxii), (xxiv),
(xxv), (xxvi), (xxvii), (xxviii), (xxix), (xxxi), (xxxii),
(xxxiv), ss 8,
95(a)(vi), 115, 123, 124(2)(h), 124(3), 125(1)(g), 128, 129, 130, 131,
133(1)(d), (2), (3), (4), 141, 143, 144,
145(1)(a), (k), (l), (n), 145(2), 151
and 152: 1 July 2003 – ProcR 52 in G. 25153 of 30 June 2003]
Amended by
Firearms Control Amendment Act 43 of 2003 (G.
25863, with effect from 22 December 2003 [Proc. 28, G. 26374]),
Firearms Control Amendment Act 28 of 2006 (G. 30210, commencement of ss 1(b), 1(i), 2, 4,
8-10, 18 and 52: 10 January 2011 [Proc.
77, G. 33871]; Ss 1(c),
1(f), 1(h), 1(l), 3, 6, 7, 12-15, 19, 26, 27, 49, 50 and 51:
1 March 2012 [Proc. R9, G.
35047]),
Civilian
Secretariat for Police Service Act 2 of 2011 (G. 34299, with effect from 1 December 2011 [Proc 67, G. 34799]),
Criminal
Law (Forensic Procedures) Amendment Act 6 of 2010 (G. 33607, with effect from 18 January 2013 [Proc 2, G. 36080]),
Protection
from Harassment Act 17 of 2011 (G. 34818, with effect from 27 April 2013 [Proc R9, G. 36357]),
Dangerous Weapons Act 15 of 2013 (G. 36704, with effect from 2 January 2014 [Proc 45, G. 36949]),
Criminal Law (Forensic Procedures) Amendment Act 37 of 2013 (G. 37268, with
effect from 31 January
2015 [Proc 89, G.
38376]),
Domestic Violence Act 116 of 1998; as amended by Domestic Violence
Amendment Act 14 of 2021 (G. 19537, with effect from. 14 April
2023 [ProcR 117,
G. 48419]).
Uncommenced Amendment
Firearms
Control Amendment Act 28 of 2006
ACT
To establish a
comprehensive and an effective system of firearms control; and to provide for
matters connected therewith.
ARRANGEMENT OF SECTIONS
PREAMBLE
CHAPTER 1
INTRODUCTORY PROVISIONS
1. Definitions
2. Purpose
of Act
CHAPTER 2
PROHIBITIONS
3. General
prohibition in respect of firearms and muzzle loading firearms
4. Prohibited
firearms
CHAPTER 3
SPECIAL PROVISIONS IN
RESPECT OF CERTAIN DEVICES
5. Devices
not firearms for purposes of this Act
CHAPTER 4
COMPETENCY CERTIFICATES,
LICENCES, PERMITS, AUTHORISATIONS AND ACCREDITATIONS
6. Competency
certificates, licences, permits or authorisations
7. Applications
by persons other than natural persons
8. Accreditation
CHAPTER 5
COMPETENCY CERTIFICATES
9. Application
for competency certificate
10. Competency
certificate
10A. Renewal
of competency certificate
CHAPTER 6
LICENCE TO POSSESS
FIREARM
11. Separate
licence in respect of each firearm
12. Additional
licences
13. Licence
to possess firearm for self-defence
14. Licence
to possess restricted firearm for self-defence
15. Licence
to possess firearm for occasional hunting and sports-shooting
16. Licence
to possess firearm for dedicated hunting and dedicated sports-shooting
16A. Licence
to possess firearm for professional hunting
17. Licence
to possess firearm in private collection
18. Permit
to possess ammunition in private collection
19. Licence
to possess firearm, and permit to possess ammunition, in public collection
20. Licence
to possess firearm for business purposes
21. Temporary
authorisation to possess firearm
22. Holder
of licence may allow another person to use firearm
23. Identification
marks on firearms
24. Renewal
of firearm licences
25. Notification
of change of address
26. Notification
of change of circumstances
27. Period
of validity of licence or permit
28. Termination
of firearm licence
29. Defaced,
lost or stolen licences, permits and authorisations
30. Central
firearms database
CHAPTER 7
LICENCES ISSUED TO PARTICULAR CATEGORIES OF PERSONS - DEALERS,
MANUFACTURERS AND GUNSMITHS
PART 1
DEALERS
31. Prohibition
of unlicensed trading in firearms or ammunition
32. Requirements
for dealer’s licence
33. Conditions
imposed on dealer
34. Dealer’s
licence
35. Renewal
of dealer’s licence
36. Temporary
authorisation to trade in firearms and ammunition on premises other than those
specified in dealer’s licence
37. Change
of premises
38. Notification
of change of circumstances
39. Duties
of dealer
40. Establishment
of centralised dealers database
41. Suspension
of dealer’s licence
42. Termination
of dealer’s licence
43. Application
of other laws
44. Defaced,
lost or stolen licences
PART 2
MANUFACTURERS
45. Prohibition
of unlicensed manufacture of firearms and ammunition
46. Requirements
for manufacturer’s licence
47. Conditions
imposed on manufacturer
48. Manufacturer’s
licence
49. Renewal
of manufacturer’s licence
50. Temporary
authorisation to display firearms and ammunition on premises other than those
specified in manufacturer’s licence
51. Change
of premises
52. Notification
of change of circumstances
53. Duties
of manufacturer
54. Establishment
of centralised manufacturers database
55. Suspension
of manufacturer’s licence
56. Termination
of manufacturer’s licence
57. Application
of other laws
58. Defaced,
lost or stolen licences
PART 3
GUNSMITHS
59. Prohibition
of certain work
60. Requirement
for gunsmith’s licence
61. Conditions
imposed on gunsmith
62. Gunsmith’s
licence
63. Renewal
of gunsmith’s licence
64. Temporary
authorisation to conduct business as gunsmith on premises other than those
specified in gunsmith’s licence
65. Change
of premises
66. Notification
of change of circumstances
67. Duties
of gunsmith
68. Establishment
of centralised gunsmiths database
69. Suspension
of a gunsmith’s licence
70. Termination
of gunsmith’s licence
71. Application
of other laws
72. Defaced,
lost or stolen licences
CHAPTER 8
IMPORT, EXPORT AND
CARRIAGE IN-TRANSIT OF FIREARMS AND AMMUNITION
73. Prohibition
of import, export or carriage in-transit of firearms and ammunition without
permit
74. Requirements
for import, export or in-transit permit
75. Conditions
imposed on holder of permit
76. Import,
export or in-transit permit
77. Permit
constitutes licence to possess firearm or ammunition
78. Duties
of holder of permit
79. Establishment
of central importers and exporters database
80. Suspension
of import, export and in-transit permits
81. Termination
of import, export and in-transit permits
82. Defaced,
lost or stolen permits
CHAPTER 9
STORAGE, TRANSPORT AND
CARRYING OF FIREARMS AND AMMUNITION
83. Storage
and transport of firearms and ammunition
84. Carrying
of firearm in public place
85. Firearm
transporter’s permit
86. Conditions
imposed on transporter of firearm
87. Duties
of holder of permit
88. Cancellation
of firearms transporter’s permit
89. Records
to be kept
CHAPTER 10
CONTROL OF AMMUNITION
AND FIREARM PARTS
90. Prohibition
of possession of ammunition
91. Restrictions
on possession of ammunition
92. Prohibitions
and restrictions on use of certain ammunition
93. Loading
or reloading of ammunition
94. Prohibition
of possession of firearm parts
CHAPTER 11
EXEMPTIONS
95. Definitions
96. Exemptions
97. Conditions
applicable to institution accredited by Registrar
98. Possession
and use of firearms by Official Institutions
99. Register
to be kept by Official Institution
100. Establishment
of central Official Institution firearms database
101. Official
Institution’s workstations
CHAPTER 12
DECLARATION OF PERSONS
AS UNFIT TO POSSESS FIREARM
102. Declaration
by Registrar of person as unfit to possess firearm
103. Declaration
by court of person to be unfit to possess firearm
104. Effect
of declaration of unfitness
105. Proof
of declaration of unfitness
CHAPTER 13
INSPECTIONS
106. Production
of licences and firearms for inspection
107. Duty
to comply with request of police official or authorised person
108. Request
for information
109. Inspection
of premises
CHAPTER 14
SEARCH AND SEIZURE
110. Chapter
2 of Criminal Procedure Act, 1977, to apply
111. Search
and seizure in course of policing operations in terms of South African Police
Service Act, 1995
112. Exercise
of powers set out in section 37 of Criminal Procedure Act, 1977
113. Fingerprint,
body-prints and bodily samples for investigation purposes
114. Ballistic
testing
115. Inspection,
search and seizure for inquiry or investigation (with special warrant)
116. Incidental
discovery
CHAPTER 15
PRESUMPTIONS
117. Presumptions
of possession of firearm or ammunition
118. Presumptions
relating to failure to report
119. Presumption
of failure to take reasonable steps
CHAPTER 16
OFFENCES, PENALTIES AND
ADMINISTRATIVE FINES
120. Offences
121. Penalties
122. Administrative
fines
CHAPTER 17
ORGANISATIONAL
STRUCTURES
123. Registrar
of Firearms
124. Functions
of Registrar
125. Central
Firearms Register
126. Certificate
signed by Registrar to constitute prima
facie evidence
127. Appointment
and functions of Head of Office of Central Firearms Register
128. Establishment
of Appeal Board
129. Conditions
of service, remuneration and allowances of members of Appeal Board
130. Quorum, meetings and procedure of Appeal
Board
131. Administrative
work of Appeal Board
132. Establishment
of Ministerial Committees
CHAPTER 18
RIGHT OF APPEAL
133. Right
of appeal
CHAPTER 19
COMPENSATION
134. Circumstances
where no compensation is payable in respect of firearms and ammunition
forfeited to State
135. Circumstances
where no compensation is payable in respect of firearms and ammunition seized
by State
136. No
compensation payable where firearms or ammunition is destroyed by State
137. Application
for compensation
CHAPTER 20
SPECIAL POWERS RELATING
TO AMNESTIES AND FIREARM-FREE ZONES
138. Definition
139. Amnesty
140. Firearm-free
zones
CHAPTER 21
GENERAL PROVISIONS
141. Delegation
of powers and assignment of duties
142. Designation
as police officials
143. Service
of documents
144. Return
of service
145. Regulations
146. Disposal
of firearms in case of ceasing to carry on business
147. Disposal
of firearms in case of death
148. Inherited
firearms
149. Compulsory
destruction of firearms, muzzle loading firearms and ammunition
150. Deactivation
of firearms or muzzle loading firearms
151. Jurisdiction
of magistrates’ court
152. Act
binds State
153. Repeal
of laws
154. Short
title
SCHEDULE 1
TRANSITIONAL PROVISIONS
1. Existing
licence to possess an arm
1A. Muzzle
loading firearms
2. Existing
dealer’s licences
3. Existing
permit for importation or exportation of arms and ammunition
4. Existing
permit for manufacture of arms and ammunition
4A. Existing
registration certificate to carry on trade of gunsmith
5. Existing
authorisations and certain existing permits
6. Person
unfit to possess a firearm
7. Register
in terms of previous Act to be kept by Registrar
8. Matters
pending under previous Act
9. Investigations
by Commissioner under previous Act
10. Consideration
of validity of existing licence, permit and authorisation
11. Renewal
of licence
SCHEDULE 2
CRIMES AND OFFENCES GIVING RISE TO
UNFITNESS ENQUIRY BY COURT
SCHEDULE 3
LAWS REPEALED
SCHEDULE 4
PENALTIES
PREAMBLE
WHEREAS every person has the right to life
and the right to security of the person, which includes, among other things,
the right to be
free from all forms of violence from either public or private
sources;
AND WHEREAS the adequate protection of such
rights is fundamental to the wellbeing and social and economic development of
every person;
AND WHEREAS the increased availability and abuse
of firearms and ammunition has contributed significantly to the high levels of
violent crime
in our society;
AND WHEREAS the Constitution places a duty on the
State to respect, protect, promote and fulfil the rights in the Bill of Rights;
BE IT THEREFORE ENACTED by the Parliament of the Republic
of South Africa, as follows:—
CHAPTER 1
INTRODUCTORY PROVISIONS
1. Definitions
In this Act, unless the context
indicates otherwise—
“accredit”
means accredit as contemplated in section 8;
[“accredit”
commencement: 1 July 2003.]
“airgun” means
any device manufactured to discharge a bullet or any other projectile—
(a) of
a calibre of less than 5.6 mm (.22 calibre); or
(b) at
a muzzle energy of less than 8 joules (6ft-lbs),
by means of compressed gas and not by
means of burning propellant;
[“airgun” substituted
by s 1(a) of Act 43 of 2003.]
[“airgun”
commencement: 1 June 2001.]
“ammunition”
means a primer or complete cartridge;
[“ammunition”
commencement: 1 June 2001.]
|
Uncommenced amendment “ammunition” means a primer or cartridge; [“ammunition”
substituted by s 1(a) of Act 28 of 2006 with effect from date to be
proclaimed.] |
“antique firearm” …
[“antique
firearm” repealed by s 1(b) of Act 28 of 2006 with effect from 10 January
2011.]
“Appeal Board”
means the Appeal Board established by section 128;
[“Appeal Board”
commencement: 1 July 2003.]
“authorised person” …
[“authorised
person” inserted by s 7(a) of Act 6 of 2010; repealed by s 8 of Act 37 of
2013.]
“body-prints”
…
[“body-prints” inserted
by s 7(a) of Act 6 of 2010; repealed by s 8 of Act 37 of 2013.]
“calibre”, for
the purposes of sections 18(2)(b) and 19(3), means a cartridge as described by
dimensions and make, mark, model or type;
[“calibre” inserted
by s 1(c) of Act 28 of 2006 with effect from 1 March 2012.]
“cartridge” means
a complete object consisting of a cartridge case, primer, propellant and
bullet;
[“cartridge”
commencement: 1 June 2001.]
|
Uncommenced amendment “cartridge” means a complete object consisting
of a cartridge case, primer (whether rimfire or otherwise), propellant and a bullet
or shot,
as the case may be; [“cartridge”
substituted by s 1(d) of Act 28 of 2006 with effect from date to be
proclaimed.] |
“child” …
[“child” inserted
by s 7(b) of Act 6 of 2010; repealed by s 8 of Act 37 of 2013.]
“comparative search” …
[“comparative
search” inserted by s 7(b) of Act 6 of 2010; repealed by s 8 of Act 37 of
2013.]
“competency certificate” means a competency certificate contemplated in Chapter 5;
[“competency
certificate” commencement: 1 July 2004.]
“dealer” means
any person who is licensed in terms of this Act to trade in firearms and
ammunition;
[“dealer”
commencement: 1 July 2004.]
“dedicated hunter” means a person who actively participates in hunting activities and who
is a member of an accredited hunting association;
[“dedicated
hunter” commencement: 1 July 2003.]
“dedicated sports person” means a person who actively participates in sports-shooting and who is
a member of an accredited sports-shooting organisation;
[“dedicated
sports person” commencement: 1 July 2003.]
“Designated Firearms Officer” means a police official contemplated in section
124(2)(h);
[“Designated
Firearms Officer” commencement: 1 July 2003.]
|
Uncommenced amendment “dispossession”, for the
purposes of section 118, means selling, supplying or in any other manner
giving possession in contravention of section
120(10)(a); [“dispossession”
inserted by s 1(e) of Act 28 of 2006 with effect from date to be proclaimed.] |
“firearm” means
any—
(a) device
manufactured or designed to propel a bullet or projectile through a barrel or
cylinder by means of burning propellant, at
a muzzle energy exceeding 8 joules
(6 ft-lbs);
(b) device
manufactured or designed to discharge rim-fire, centre-fire or pin-fire
ammunition;
(c) device
which is not at the time capable of discharging any bullet or projectile, but
which can be readily altered to be a firearm
within the meaning of paragraph
(a) or (b);
(d) device
manufactured to discharge a bullet or any other projectile of a calibre of 5.6
mm (.22 calibre) or higher at a muzzle energy
of more than 8 joules (6 ft-lbs),
by means of compressed gas and not by means of burning propellant; or
[“firearm”, (d)
substituted by s 1(b) of Act 43 of 2003.]
(e) barrel,
frame or receiver of a device referred to in paragraphs (a), (b), (c) or (d),
but does not include a muzzle loading
firearm or any device contemplated in section 5;
[“firearm”, words
following (e), substituted by s 1(f) of Act 28 of 2006 with effect from 1 March
2012.]
[“firearm”
commencement: 1 June 2001.]
|
Uncommenced amendment “fit and proper person” means a
person who complies with the requirements of section 9(2) and any regulations
relevant to the competency of a person
to possess a firearm in terms of this
Act; [“fit and
proper person” inserted by s 1(g) of Act 28 of 2006 with effect from date to
be proclaimed.] |
“fully automatic” means capable of discharging more than one shot with a single
depression of the trigger;
[“fully
automatic” commencement: 1 July 2004.]
“gunsmith” means
any person who performs work contemplated in section 59, but who does not
manufacture firearms;
[“gunsmith”
commencement: 1 July 2004.]
“handgun” means
a pistol or revolver which can be held in and discharged with one hand;
[“handgun”
commencement: 1 July 2004.]
“imitation firearm” means anything that has the appearance of a firearm but is not capable
of operating as such and cannot by superficial examination
be identified as an
imitation;
[“imitation
firearm” commencement: 1 July 2004.]
“juristic person” includes a trust;
[“juristic
person” substituted by s 1(h) of Act 28 of 2006 with effect from 1 March 2012.]
“load”
includes reload, and “loading” has a corresponding meaning;
[“load”
commencement: 1 July 2004.]
“Minister” means
the Minister of Safety and Security;
[“Minister”
commencement: 1 July 2003.]
“muzzle loading firearm” means—
(a) a
barrelled device that can fire only a single shot, per barrel, and requires
after each shot fired the individual reloading through
the muzzle end of the
barrel with separate components consisting of a—
(i) measured
charge of black powder or equivalent propellant;
(ii) wad;
and
(iii) lead
bullet, sabot or shot functioning as a projectile,
and ignited with a flint, match, wheel
or percussion cap;
[“muzzle
loading firearm” inserted by s 1(i) of Act 28 of 2006 with effect from 10
January 2011.]
“National Commissioner” means the National Commissioner of the South African Police Service,
appointed in terms of section 207(1) of the Constitution;
[“National
Commissioner” commencement: 1 July 2003.]
“occasional hunter” means any person who, from time to time, participates in hunting
activities but who is not a member of an accredited hunting association;
[“occasional
hunter” commencement: 1 July 2003.]
|
Uncommenced amendment “occasional hunter” means any person who, from time to
time, participates in hunting activities; [“occasional
hunter” substituted by s 1(j) of Act 28 of 2006 with effect from date to be
proclaimed.] |
“occasional sports person” means any person who, from time to time, participates in
sports-shooting but who is not a member of an accredited sports-shooting
organisation;
[“occasional
sports person” commencement: 1 July 2003.]
|
Uncommenced amendment “occasional sports person” means any person who, from time to
time, participates in sports-shooting; [“occasional
sports person" substituted by s 1(k) of Act 28 of 2006 with effect from
date to be proclaimed.] |
“police official” means—
(a) a
member of the South African Police Service as defined in section 1 of the South
African Police Service Act, 1995 (Act 68 of 1995),
and a member of any
municipal police service established in terms of that Act;
(b) a
person designated by the Minister as a police official under section 142; and
(c) a
member of the South African National Defence Force deployed in co-operation
with the South African Police Service;
[“police
official” commencement: 1 June 2001.]
“prescribed”
means prescribed by regulation;
[“prescribed”
commencement: 1 July 2003.]
“previous Act”
means the Arms and Ammunition Act, 1969 (Act 75 of 1969);
[“previous Act”
commencement: 1 July 2003.]
“private collector” means a person who collects firearms or ammunition, who is a member of
an accredited collector’s association and who is not a
public collector;
[“private
collector” commencement: 1 July 2003.]
“professional hunter” means any person who supervises, escorts, offers to, or agrees to
supervise or escort a client, for reward in connection with the
hunting of a
wild or exotic animal and who is authorised to do so in terms of any applicable
provincial law;
[“professional
hunter” inserted by s 1(l) of Act 28 of 2006 with effect from 1 March 2012.]
“public collector” means a person who collects firearms or ammunition for display to the
public and is accredited as such;
[“public
collector” commencement: 1 July 2003.]
“Registrar”
means the person referred to in section 123;
[“Registrar”
commencement: 1 July 2003.]
“regulation” means
a regulation made under section 145;
[“regulation”
commencement: 1 July 2003.]
“restricted firearm” means any firearm contemplated in section 14(1);
[“restricted
firearm” commencement: 1 July 2004.]
|
Uncommenced amendment “Secretary for Police Service” means the Secretary for Police
Service appointed under section 2(2) of the South African Police Service Act
(Act No. 68 of
1995); [“Secretary
for Police Service", formerly “Secretary for Safety and Security",
inserted by s 1(m) of Act 28 of
2006 with effect from date to be proclaimed;
amended by s 35 of Act 2 of 2011 with effect from 1 December 2011.] |
“security company” …
[“security
company” repealed by s 1(c) of Act 43 of 2003.]
“security officer” means any person who is employed by a security company;
[“security
officer” substituted by s 1(d) of Act 43 of 2003.]
“security service provider” means a security service provider as defined in section
1 of the Private Security Industry Regulation Act, 2001 (Act 56 of 2001);
[“security
service provider” inserted by s 1(e) of Act 43 of 2003.]
“semi-automatic”
means self-loading but not capable of discharging more than one shot with a
single depression of the trigger;
[“semi-automatic”
commencement: 1 July 2004.]
“this Act”
includes any regulation;
[“this Act”
commencement: 1 July 2003.]
“transfer”
includes selling, letting, donating, lending or otherwise parting with
possession.
[“transfer”
commencement: 1 July 2004.]
2. Purpose of Act
The purpose of this Act is to—
(a) enhance
the constitutional rights to life and bodily integrity;
(b) prevent
the proliferation of illegally possessed firearms and, by providing for the
removal of those firearms from society and by
improving control over legally
possessed firearms, to prevent crime involving the use of firearms;
(c) enable
the State to remove illegally possessed firearms from society, to control the
supply, possession, safe storage, transfer
and use of firearms and to detect
and punish the negligent or criminal use of firearms;
(d) establish
a comprehensive and effective system of firearm control and management; and
(e) ensure
the efficient monitoring and enforcement of legislation pertaining to the
control of firearms.
[S 2 commencement:
1 June 2001.]
CHAPTER 2
PROHIBITIONS
3. General prohibition in
respect of firearms and muzzle loading firearms
(1) No
person may possess a firearm unless he or she holds for that firearm—
(a) a
licence, permit or authorisation issued in terms of this Act; or
(b) a
licence, permit, authorisation or registration certificate contemplated in item
1, 2, 3, 4, 4A or 5 of Schedule 1.
(2) No
person may possess a muzzle loading firearm unless he or she has been issued
with the relevant competency certificate.
[S 3 substituted
by s 2 of Act 28 of 2006 with effect from 10 January 2011.]
4. Prohibited firearms
(1) The
following firearms and devices are prohibited firearms and may not be possessed
or licensed in terms of this Act, except as
provided for in sections 17, 18(5),
19 and 20(1)(b)—
(a) any
fully automatic firearm;
(b) any
gun, cannon, recoilless gun, mortar, light mortar or launcher manufactured to
fire a rocket, grenade, self-propelled grenade,
bomb or explosive device;
(c) any
frame, body or barrel of such a fully automatic firearm, gun, cannon,
recoilless gun, mortar, light mortar or launcher;
(d) any
projectile or rocket manufactured to be discharged from a cannon, recoilless
gun or mortar, or rocket launcher;
(e) any
imitation of any device contemplated in paragraph (b), (c) excluding the frame,
body or barrel of a fully automatic firearm,
or (d);
[S 4(1)(e) substituted
by s 3 of Act 28 of 2006 with effect from 1 March 2012.]
(f) any
firearm—
(i) the
mechanism of which has been altered so as to enable the discharging of more
than one shot with a single depression of the trigger;
(ii) the
calibre of which has been altered without the written permission of the
Registrar;
(iii) the
barrel length of which has been altered without the written permission of the
Registrar;
(iv) the
serial number or any other identifying mark of which has been changed or
removed without the written permission of the Registrar.
(2) For
purposes of subsection (1)(f)(iii), the incidental alteration of the length of
the barrel of a firearm by a gunsmith in the
ordinary course of a gunsmith’s
work which does not have as an objective the alteration of the length of the
barrel of that firearm
must not be regarded as an alteration contemplated in
that subsection.
[S 4(2) substituted
by s 2 of Act 43 of 2003.]
(3)
(a) The
Minister may, by notice in the Gazette,
declare any other firearm of a specified type to be a prohibited firearm if it
is—
(i) in
the interest of public safety; or
(ii) desirable
for the maintenance of law and order.
(b) A
notice contemplated in paragraph (a) must be tabled in Parliament at least 14
days before publication thereof if Parliament is
then sitting, and if
Parliament is not sitting, within seven days after the commencement of the next
sitting.
(c) A
notice contemplated in paragraph (a) is of full force and effect until
withdrawn by the Minister or by a resolution of Parliament.
[S 4 commencement:
1 July 2004.]
CHAPTER 3
SPECIAL PROVISIONS IN RESPECT OF
CERTAIN DEVICES
5. Devices not firearms for
purposes of this Act
(1) For
purposes of this Act, the following devices are not regarded as firearms—
(a) any
explosive powered tool manufactured specifically for use in industrial
application, including line-throwing guns and impex-type
building pistols;
(b) any
explosive powered tool manufactured to split rock or concrete by means of
discharging an explosive cartridge;
(c) any
industrial tool manufactured for use in the mining and steel industry to remove
refractory material;
(d) any
captive bolt gun manufactured for use in an abattoir in the humane killing of
animals;
(e) a
muzzle loading firearm;
[S 5(1)(e) substituted
by s 4 of Act 28 of 2006 with effect from 10 January 2011.]
(f) an
airgun;
(g) a
tranquiliser firearm;
(h) a
paintball gun;
(i) a
flare gun;
(j) a
deactivated firearm; and
(k) any
other device which the Minister may, by notice in the Gazette, exempt.
(2) A
notice contemplated in subsection (1)(k) must be tabled in Parliament at least
14 days before publication thereof if Parliament
is then sitting, and if
Parliament is not sitting, within seven days after the commencement of the next
sitting.
(3) A
notice contemplated in subsection (1)(k) is of full force and effect until
withdrawn by the Minister or by a resolution of Parliament.
[S 5 commencement:
1 June 2001.]
CHAPTER 4
COMPETENCY CERTIFICATES, LICENCES,
PERMITS, AUTHORISATIONS AND ACCREDITATIONS
6. Competency certificates,
licences, permits and authorisations
(1) The
Registrar may issue any competency certificate, licence, permit or
authorisation contemplated in this Act—
(a) on
receipt of an application completed in the prescribed form, including a full
set of fingerprints of the applicant; and
|
Uncommenced amendment (a) on receipt of an application completed in
the prescribed form, including such fingerprints of the applicant as the
Registrar
may require; and [S 6(1)(a)
substituted by s 5 of Act 28 of 2006 with effect from date to be proclaimed.] |
(b) if
the applicant complies with all the applicable requirements of this Act.
(2) Subject
to section 7, no licence may be issued to a person who is not in possession of
the relevant competency certificate.
(3) Every
application for a competency certificate, licence, permit or authorisation must
be accompanied by such information as may
be prescribed.
[S 6 commencement:
1 July 2004.]
7. Applications by persons
other than natural persons
(1) When
a juristic person wishes to apply for a licence, permit or authorisation in
terms of this Act, it must nominate a natural person
to apply on its behalf.
(2) The
person so nominated must be identified on the licence, permit or authorisation
as the responsible person.
(3) A
responsible person who holds any licence, permit or authorisation issued in
terms of this Act pursuant to an application contemplated
in subsection (1) on
behalf of the juristic person must for purposes of this Act be regarded as the
holder of the licence in question.
(4) If
it becomes necessary to replace a responsible person for any reason, the
juristic person must in writing—
(a) nominate
a new responsible person who must be in possession of the relevant competency
certificate; and
(b) notify
the Registrar of the nomination within seven days from the date of the
nomination.
[S 7(4) substituted
by s 6(a) of Act 28 of 2006 with effect from 1 March 2012.]
(5) For
the purposes of this Act, a juristic person includes a trust, as long as the
trust deed—
(a) clearly
provides for the possession of firearms, ammunition or muzzle loading firearms
by the trust;
(b) stipulates
clearly the intended purpose of the possession of firearms, ammunition or
muzzle loading firearms by the trust; and
(c) indicates
that the possession of the firearms, ammunition or muzzle loading firearms by
the trust may only endure as long as the
possession is necessary to achieve the
stated intended purpose.
[S 7(5) inserted
by s 6(b) of Act 28 of 2006 with effect from 1 March 2012.]
[S 7 commencement:
1 July 2004.]
8. Accreditation
(1) Any
accreditation required in terms of this Act must be done by the Registrar in
accordance with such regulations as may be prescribed.
(2) The
regulations contemplated in subsection (1) may set out different sets of
criteria, in respect of different accreditations, which
the Registrar must
apply when issuing an accreditation and which criteria must at least include
criteria relating to—
(a) trustworthiness
and integrity;
(b) suitability
to perform the relevant functions in terms of this Act;
(c) capacity
to serve the purpose of the accreditation; and
(d) capacity
to advance the purposes of this Act.
(3)
(a) The
Registrar may, by notice in writing, cancel an accreditation issued in terms of
this Act if—
(i) there
is no longer compliance with any criterion for accreditation;
(ii) the
holder of the accreditation no longer qualifies to hold the accreditation in
terms of this Act; or
(iii) the
holder of the accreditation has contravened or failed to comply with any
provision of this Act or any condition specified in
the accreditation.
(b) A
notice contemplated in subparagraph (a) may only be issued if the Registrar
has—
(i) given
the holder of the accreditation notice in writing of the grounds on which the
cancellation is to be considered;
(ii) informed
the holder concerned in writing that he or she may submit written
representations, within 30 days, as to why the accreditation
should not be
cancelled; and
(iii) duly
considered any representations received and all the facts pertaining to the
matter.
[S 8(3) substituted
by s 7(a) of Act 28 of 2006 with effect from 1 March 2012.]
(4)
(a) If
a notice contemplated in subsection (3) is issued in the case of an
accreditation in respect of an association or organisation
contemplated in
section 16, 17, 18 or 19—
(i) such
notice must be published in the Gazette;
and
(ii) the
registered members of that association or organisation must, within six months
from the date of publication, join another relevant
accredited association or
organisation.
(b) If
a notice contemplated in subsection (3) is issued in the case of a licence
issued in terms of section 20(2)(b) to (f), the former
holder of the
accreditation must dispose of the firearm in question through a dealer or in
such manner as the Registrar may determine.
(c) The
disposal must take place within 60 days of the receipt of the notice or
determination.
[S 8(4) inserted
by s 7(b) of Act 28 of 2006 with effect from 1 March 2012.]
(5) If
the firearm is not disposed of within 60 days—
(a) it
must be forfeited to the State; and
(b) the
former holder of the accreditation must surrender it immediately at such place
and in such manner as the Registrar may determine.
[S 8(5) inserted
by s 7(b) of Act 28 of 2006 with effect from 1 March 2012.]
(6) Any
period contemplated in this section may be extended by the Registrar on good
cause shown.
[S 8(6) inserted
by s 7(b) of Act 28 of 2006 with effect from 1 March 2012.]
[S 8 commencement: 1 July 2003.]
CHAPTER 5
COMPETENCY CERTIFICATES
9. Application for competency
certificate
(1) An
application for a competency certificate to possess a firearm, to possess a
muzzle loading firearm, to possess a firearm as a
private collector in such
specific category as may be prescribed, to trade in firearms, to manufacture
firearms or to carry on
business as a gunsmith must be delivered to the
Designated Firearms Officer responsible for the area in which the applicant
ordinarily
resides or in which the applicant’s business is or will be situated,
as the case may be.
[S 9(1) substituted
by s 8 of Act 28 of 2006 with effect from 10 January 2011.]
(2) Where
a person has not previously obtained a competency certificate, a competency
certificate may only be issued to such person
if he or she—
(a) is
21 years or older on the day the application is received by the Designated
Firearms Officer;
(b) is
a South African citizen or a holder of a permanent South African residence
permit;
(c) is
a fit and proper person to possess a firearm, to trade in firearms, to
manufacture firearms or to conduct business as a gunsmith,
as the case may be;
(d) is
of stable mental condition and is not inclined to violence;
(e) is
not dependent on any substance which has an intoxicating or narcotic effect;
(f) has
not been convicted of any offence under or in terms of this Act or the previous
Act and sentenced to a period of imprisonment
without the option of a fine;
(g) has
not been convicted, whether in or outside South Africa, of an offence involving
the unlawful use or handling of a firearm by
him or her or another participant
to the offence, whether committed in or outside South Africa;
(h) has
not been convicted, whether in or outside South Africa, of an offence
involving—
(i) violence
or sexual abuse, whether committed in or outside South Africa, and sentenced to
a period of imprisonment without the option
of a fine; or
(ii) physical
or sexual abuse which occurred within a domestic relationship as defined in
section 1 of the Domestic Violence Act, 1998
(Act 116 of 1998), whether
committed in or outside South Africa;
(i) has
not been convicted of fraud in relation to, or supplying false information for
the purposes of, obtaining a competency certificate,
licence, permit or
authorisation in terms of this Act or the previous Act;
(j) has
not been convicted, whether in or outside South Africa, of an offence involving
the abuse of alcohol or drugs, whether committed
in or outside South Africa,
and sentenced to a period of imprisonment without the option of a fine;
(k) has
not been convicted, whether in or outside South Africa, of an offence involving
dealing in drugs, whether committed in or outside
South Africa, and sentenced
to a period of imprisonment without the option of a fine;
(l) has
not been convicted of an offence in terms of the Domestic Violence Act, 1998
(Act 116 of 1998), and sentenced to a period of
imprisonment without the option
of a fine;
(m) has
not been convicted of an offence involving the negligent handling of a firearm;
(n) has
not been convicted of an offence in terms of the Explosives Act, 1956 (Act 26
of 1956), and sentenced to a period of imprisonment
without the option of a
fine;
(o) has
not been convicted, whether in or outside South Africa, of an offence involving
sabotage, terrorism, public violence, arson,
intimidation, rape, kidnapping or
child stealing, whether committed in or outside South Africa;
[S 9(2)(o) substituted
by s 3 of Act 43 of 2003.]
(p) has
not become or been declared unfit to possess a firearm in terms of this Act or
the previous Act;
(q) has
successfully completed the prescribed test on knowledge of this Act;
(r) has
successfully completed the prescribed training and practical tests regarding
the safe and efficient handling of a firearm; and
(s) has,
where applicable, successfully completed the prescribed training and practical
tests for firearms dealers, manufacturers, gunsmiths,
security officers or
other persons who use firearms in the course of their business.
(3) Any
offence referred to in subsection (2) includes any conspiracy, incitement or
attempt to commit such offence, and means an offence
in respect of which—
(a) a
court has not made a determination that the person is not unfit to possess a
firearm despite the conviction; and
(b) the
sentence has been complied with less than five years before the application for
a competency certificate was received by the
Designated Firearms Officer.
(4) The
disqualification contemplated in subsection (2)(p) ends upon the expiry of a
period of five years calculated from the date on
which the person became or was
declared unfit, or the expiry of the period for which the declaration is valid,
whichever occurs
first.
(5)
(a) Despite
subsection (2)(a), the Registrar may allow a person under the age of 21 years
to apply for a competency certificate if there
are compelling reasons which
require the person to obtain a competency certificate or licence to possess a
firearm.
(b) Compelling
reasons contemplated in paragraph (a) may include the fact that the applicant
conducts a business, is gainfully employed,
a dedicated hunter, a dedicated
sports person or a private collector.
(6)
(a) Where
a person has previously obtained a competency certificate, a further competency
certificate may only be issued to such person
if he or she satisfies such
requirements as may be prescribed.
(b) The
requirements contemplated in paragraph (a) may not be more onerous than those
applicable to a person who has not previously
obtained a competency
certificate.
[S 9 commencement:
1 July 2004.]
10. Competency certificate
(1) A
competency certificate must specify—
(a) whether
it relates to competency to—
(i) possess
a firearm;
(iA) possess
a muzzle loading firearm;
[S 10(1)(a)(iA)
inserted by s 9(a) of Act 28 of 2006 with effect from 10 January 2011.]
(iB) possess a firearm as a private collector in
such specific category as may be prescribed;
[S 10(1)(a)(iB) inserted by s 9(a) of Act 28 of 2006 with effect from
10 January 2011.]
(ii) trade
in firearms;
(iii) manufacture
firearms; or
(iv) conduct
business as a gunsmith; and
(b) all
the relevant tests successfully completed by the holder.
(2) A
competency certificate contemplated in subsection (1)(a)(i), (ii), (iii) and
(iv), remains valid for the same period of validity
as the period determined in
this Act in respect of the licence to which the competency certificate relates,
unless the competency
certificate is terminated or renewed in accordance with
the provisions of this Act.
[S 10(2) substituted
by s 9(b) of Act 28 of 2006 with effect from 10 January 2011.]
(3) A
competency certificate relating to a muzzle loading firearm lapses after ten
years from its date of issue, unless the competency
certificate is terminated
or renewed in accordance with the provisions of this Act.
[S 10(3) inserted
by s 9(c) of Act 28 of 2006 with effect from 10 January 2011.]
[S 10 commencement:
1 July 2004.]
10A. Renewal of competency
certificate
(1) Any
holder of a competency certificate contemplated in subsection (2) and section
9(1) and who wishes to renew the competency certificate
must apply in the
prescribed form to the Registrar for its renewal together with an application
for the renewal of the licence
to which the competency certificate relates.
(2) Any
holder of a competency certificate relating to a muzzle loading firearm who
wishes to renew the competency certificate must
apply at least 90 days before
the date of expiry of the competency certificate in the prescribed form to the
Registrar for its
renewal.
(3) The
application for renewal of a competency certificate must be—
(a) accompanied
by a declaration under oath or solemn statement made by the applicant in the
prescribed form confirming that the applicant
still conforms to the
requirements of section 9(2); and
(b) delivered
by the applicant to the Designated Firearms Officer responsible for the area in
which the applicant ordinarily resides
or in which the applicant’s business is
situated, as the case may be.
(4) No
application for the renewal of a competency certificate may be granted unless
the applicant satisfies the Registrar that he or
she still complies with the
requirements for the issuing of a competency certificate in terms of this Act.
(5) The
Registrar may grant or refuse the renewal of a competency certificate on the
strength of the information and declaration provided
by the applicant, but
nothing in this section prevents the Registrar from exercising his or her
powers in terms of section 124(3)(a),
prior to granting or refusing the
application.
(6) If
an application for the renewal of a competency certificate has been lodged
within the period provided for in subsection (2),
the competency certificate
remains valid until the application is decided.
(7) For
the purposes of the renewal of a competency certificate an applicant does not
have to comply again with the provisions of section
9(2)(q) and (r), unless the
Registrar in a specific case, on good grounds being present, requires
otherwise.
[S 10A inserted
by s 10 of Act 28 of 2006 with effect from 10 January 2011.]
CHAPTER 6
LICENCE TO POSSESS FIREARM
11. Separate licence in respect
of each firearm
(1) The
Registrar must issue a separate licence in respect of each firearm licensed in
terms of this Chapter.
(2) Despite
subsection (1), the Registrar may issue to a person a single document
containing licences in respect of more than one firearm.
[S 11 commencement:
1 July 2004.]
12. Additional licences
(1) The
Registrar may issue an additional licence in respect of a firearm contemplated
in section 13, 14, 15 and 16 to every person
who resides on the same premises
as the holder of the licence in respect of the firearm in question.
(2) Every
holder of an additional licence must comply with all the requirements for the
issue of a licence in respect of the firearm
in question.
(3) If
the holder of an additional licence contemplated in subsection (1) moves from
the premises in question, such additional licence
lapses and the person to whom
such licence was issued must return that licence to the Registrar forthwith.
[S 12 commencement:
1 July 2004.]
13. Licence to possess firearm
for self-defence
(1) A
firearm in respect of which a licence may be issued in terms of this section is
any—
(a) shotgun
which is not fully or semi-automatic; or
(b) handgun
which is not fully automatic.
(2) The
Registrar may issue a licence under this section to any natural person who—
(a) needs
a firearm for self-defence; and
(b) cannot
reasonably satisfy that need by means other than the possession of a firearm.
(3) No
person may hold more than one licence issued in terms of this section.
(4) A
firearm in respect of which a licence has been issued in terms of this section
may be used where it is safe to use the firearm
and for a lawful purpose.
[S 13 commencement:
1 July 2004.]
14. Licence to possess
restricted firearm for self-defence
(1) For
purposes of this Act, a restricted firearm is any—
(a) semi-automatic
rifle or shotgun, which cannot readily be converted into a fully automatic
firearm; or
(b) firearm
declared by the Minister, by notice in the Gazette,
to be a restricted firearm.
(2) A
notice contemplated in subsection (1)(b) must be tabled in Parliament at least
14 days before publication thereof if Parliament
is then sitting, and if
Parliament is not sitting, within seven days after the commencement of the next
sitting.
(3) A
notice contemplated in subsection (1)(b) will be of full force and effect until
withdrawn by the Minister or by a resolution of
Parliament.
(4) The
Registrar may issue a licence in terms of this section to any natural person
who shows that a firearm contemplated in section
13(1) will not provide
sufficient protection, and who submits reasonable information to motivate the
need for a restricted firearm
for self-defence purposes.
(5) No
person may hold more than one licence issued in terms of this section.
(6) A
firearm in respect of which a licence has been issued in terms of this section
may be used where it is safe to use the firearm
and for a lawful purpose.
[S 14 commencement:
1 July 2004.]
15. Licence to possess firearm
for occasional hunting and sports-shooting
(1) A
firearm in respect of which a licence may be issued in terms of this section is
any—
(a) handgun
which is not fully automatic;
(b) rifle
or shotgun which is not fully or semi-automatic; or
(c) barrel,
frame or receiver of a handgun, rifle or shotgun contemplated in paragraph (a)
or (b),
and which is not a restricted firearm.
(2) The
Registrar may issue a licence in terms of this section to any natural person
who is an occasional hunter or occasional sports
person.
(3)
(a) Subject
to paragraphs (b), (c) and (d), no person may hold more than four licences
issued in terms of this section.
(b) If
a person holds a licence issued in terms of section 13, he or she may only hold
three licences issued in terms of this section.
(c) A
person may not hold more than one licence in respect of a handgun contemplated
in subsection (1)(a).
(d) If
a person contemplated in paragraph (a) holds any additional licences
contemplated in section 12 in respect of a firearm contemplated
in this section
and section 13, the number of licences which that person may hold must be
reduced by the number of such additional
licences held.
(4) A
firearm in respect of which a licence has been issued in terms of this section
may be used where it is safe to use the firearm
and for a lawful purpose.
[S 15 commencement:
1 July 2004.]
16. Licence to possess firearm
for dedicated hunting and dedicated sports-shooting
(1) A
firearm in respect of which a licence may be issued in terms of this section is
any—
(a) handgun
which is not fully automatic;
(b) rifle
or shotgun which is not fully automatic;
(c) semi-automatic
shotgun manufactured to fire no more than five shots in succession without
having to be reloaded; or
[S 16(1)(c) substituted
by s 4 of Act 43 of 2003.]
|
Uncommenced amendment (c) ... [S 16(1)(c)
deleted by s 11 of Act 28 of 2006 with effect from date to be proclaimed.] |
(d) barrel,
frame or receiver of a handgun, rifle or shotgun contemplated in paragraph (a),
(b) or (c).
(2) The
Registrar may issue a licence in terms of this section to any natural person
who is a dedicated hunter or dedicated sports person
if the application is
accompanied by a sworn statement or solemn declaration from the chairperson of
an accredited hunting association
or sports-shooting organisation, or someone
delegated in writing by him or her, stating that the applicant is a registered
member
of that association.
(3) A
firearm in respect of which a licence has been issued in terms of this section
may be used where it is safe to use the firearm
and for a lawful purpose.
(4) Every
accredited hunting association and sports-shooting organisation must—
(a) keep
a register which contains such information as may be prescribed; and
(b) submit
an annual report to the Registrar which contains such information as may be
prescribed.
[S 16 commencement:
1 July 2004.]
16A. Licence to possess firearm
for professional hunting
(1) A
firearm in respect of which a licence may be issued in terms of this section is
any—
(a) handgun
which is not fully automatic;
(b) rifle
or shotgun which is not fully automatic; or
(c) barrel,
frame or receiver of a handgun, rifle or shotgun contemplated in paragraph (a)
or (b).
(2) The
Registrar may issue a licence in terms of this section to any natural person
who is a professional hunter if the application
is accompanied by a sworn
statement or solemn declaration from the chairperson of an accredited
professional hunting association,
or someone delegated in writing by him or
her, stating that the applicant is a professional hunter and registered member
of that
association.
(3) A
firearm in respect of which a licence has been issued in terms of this section
may be used by the professional hunter for his
or her private use and
professional hunting purposes where it is safe to use the firearm and for a
lawful purpose.
(4) Every
accredited professional hunting association must—
(a) keep
a register which contains such information as may be prescribed; and
(b) submit
an annual report to the Registrar which contains such information as may be
prescribed.
[S 16A inserted
by s 12 of Act 28 of 2006 with effect from 1 March 2012.]
17. Licence to possess firearm
in private collection
(1)
(a) A
firearm which may be possessed in a private collection is any firearm approved
for collection by an accredited collector’s association,
based upon such
historical, technological, scientific, educational, cultural, commemorative,
investment, rarity, thematic or artistic
value determined by the association.
(b) Where
a firearm is approved for collection as a heritage item as defined in the
National Heritage Resources Act, 1999 (Act 25 of
1999), such approval is
subject to confirmation by the South African Heritage Resources Agency or any
of its appointed agents.
(1A) Despite
section 4, such prohibited or restricted firearm as may be prescribed may be
licensed under this section.
(2) The
Registrar may issue a licence in terms of this section to a private collector
if the application is accompanied by a sworn statement
or solemn declaration
from the chairperson of an accredited collectors association, or someone
delegated in writing by him or her,
stating that the applicant is a registered
member of that association and qualifies to collect the firearm, prohibited
firearm
or restricted firearm.
(3) The
holder of a licence issued in terms of this section—
(a) must
store the firearm at the place specified in the licence; and
(b) may
only display the firearm in accordance with such safety measures as may be
prescribed.
(3A) Before
a prohibited or restricted firearm is stored in terms of subsection (3)(a), it
must undergo such reversible non-damaging
procedure as may be prescribed in
order to ensure that no cartridge can be loaded into or discharged from that
firearm.
(4) A
firearm in respect of which a licence has been issued in terms of this section
may be used where it is safe to use the firearm
and for a lawful purpose.
[S 17 substituted
by s 13 of Act 28 of 2006 with effect from 1 March 2012.]
18. Permit to possess
ammunition in private collection
(1) Ammunition
which may be possessed in a private collection is any ammunition approved for
collection by an accredited collectors
association.
(2)
(a) The
Registrar may, subject to such conditions as may be prescribed, issue a permit
in terms of this section to a private collector
if the application is
accompanied by a sworn statement or solemn declaration from the chairperson of
an accredited collectors association,
or someone delegated in writing by him or
her, stating that the applicant is a registered member of that association.
[S 18(2)(a) substituted
by s 3 of Act 43 of 2003.]
(b) A
collector contemplated in paragraph (a) may not possess more than 200 rounds of
ammunition of any particular calibre unless the
Registrar approves the
possession of a higher number in writing.
(3) The
holder of a permit issued in terms of this section may not discharge any
ammunition in his or her collection.
(4) The
holder of a permit issued in terms of this section—
(a) must
store the ammunition at the place specified in the permit; and
(b) may
only display the ammunition in accordance with such safety measures as may be
prescribed.
(5) Despite
section 4, the holder of a permit issued in terms of this section may possess
projectiles, rifle grenades and cartridges
manufactured to be discharged by
prohibited firearms if the propellant, high explosive and primer of the
projectiles, rifle grenades
and cartridges have been removed or deactivated.
[S 18(5) substituted
by s 14 of Act 28 of 2006 with effect from 1 March 2012.]
[S 18 commencement:
1 July 2004.]
19. Licence to possess a
firearm, and permit to possess ammunition, in public collection
(1) The
Registrar may issue a licence to possess a firearm in a public collection, a
permit to possess ammunition in a public collection,
or both such permit and
licence, to a public collector or an accredited museum.
[S 19(1) substituted
by s 15(a) of Act 28 of 2006 with effect from 1 March 2012.]
(2) Despite
section 4—
(a) such
prohibited and restricted firearm as may be prescribed may be licensed under
this section; and
[S 19(2)(a) substituted
by s 15(b) of Act 28 of 2006 with effect from 1 March 2012.]
(b) the
holder of a permit issued in terms of this section may possess projectiles,
rifle grenades and cartridges manufactured to be
discharged by prohibited
firearms if the propellant, high explosive and primer of the projectiles, rifle
grenades and cartridges
have been removed or deactivated.
[S 19(2)(b) substituted
by s 15(b) of Act 28 of 2006 with effect from 1 March 2012.]
(3) The
holder of a permit contemplated in subsection (1) may not possess more than 200
rounds of ammunition of any particular calibre
unless the Registrar approves
the possession of a higher number in writing.
(4) A
firearm, prohibited firearm and restricted firearm in respect of which a
licence has been issued in terms of this section and
ammunition in respect of
which a permit has been issued in terms of this section, may only be displayed—
(a) in
an accredited museum or by an accredited public collector; and
(b) in
accordance with such safety measures as may be prescribed.
[S 19(4) substituted
by s 15(c) of Act 28 of 2006 with effect from 1 March 2012.]
(4A) Before
a prohibited or restricted firearm is displayed in terms of subsection (4), it
must undergo such reversible non-damaging
procedure as may be prescribed in
order to ensure that no cartridge can be loaded into or discharged from that
firearm.
[S 19(4A) inserted
by s 15(d) of Act 28 of 2006 with effect from 1 March 2012.]
(5) A
firearm in respect of which a licence has been issued in terms of this section
may only be used on an accredited shooting range
in accordance with the rules
of that shooting range and in accordance with such conditions as the Registrar
may impose.
(6) The
holder of a permit issued in terms of this section may not discharge any
ammunition in his or her collection.
[S 19 commencement:
1 July 2004.]
20. Licence to possess firearm
for business purposes
(1)
(a) A
firearm in respect of which a licence may be issued in terms of this section is
any firearm other than a prohibited firearm.
(b) Despite
paragraph (a), a licence in respect of a prohibited firearm may be issued to a
person contemplated in subsection (2)(c)
but such person may only provide the
prohibited firearm for use in theatrical, film or television productions and
then only if
the prior written approval of the Registrar has been obtained and
on such conditions as the Registrar may impose.
(2) The
Registrar may issue a licence in terms of this section to—
(a) a
security service provider;
[S 20(2)(a) substituted
by s 6(a) of Act 43 of 2003.]
(b) a
person who is accredited to provide training in the use of firearms;
(c) a
person who is accredited to provide firearms for use in theatrical, film or
television productions;
(d) a
person who is accredited as a game rancher;
[S 20(2)(d) substituted
by s 6(b) of Act 43 of 2003.]
(e) a
person who is accredited to conduct business in hunting; or
(f) any
person who is accredited to use firearms for such other business purpose as the
Registrar may determine.
(3) A
licence issued in terms of this section must specify the business purpose in
respect of which it is issued.
(4) A
firearm in respect of which a licence was issued in terms of this section may
only be used as specified in the licence.
(5)
(a) The
holder of a licence issued in terms of this section may only provide the
firearm for use by another person subject to such conditions
as may be
prescribed.
(b) A
security service provider which holds a licence to possess a firearm for
business use may only provide the firearm to a security
officer in its service
who holds a competency certificate.
[S 20(5)(b) substituted
by s 6(c) of Act 43 of 2003.]
(6) Every
holder of a licence issued in terms of this section must—
(a) keep
a register of all firearms in its possession containing such information as may
be prescribed; and
(b) store
and transport the firearms as may be prescribed.
(7) The
holder of a licence issued in terms of this Act must, at the request of a
police official, produce for inspection—
(a) any
firearm and ammunition in its possession or under its control; and
(b) every
licence issued in terms of this section.
[S 20 commencement:
1 July 2004.]
21. Temporary authorisation to
possess firearm
(1) The
Registrar may issue a temporary authorisation to possess a firearm to any
person, including a non-citizen—
(a) for
such period as the Registrar may determine; and
(b) subject
to such conditions as may be prescribed and imposed by the Registrar.
(2) The
Registrar may at any time withdraw an authorisation if any condition
contemplated in subsection (1)(b) is not complied with.
|
Uncommenced amendment (2) (a) The Registrar may, subject to paragraph
(b), at any time by written notice withdraw an authorisation if any condition
contemplated
in subsection (1)(b) is not complied with. (b) A
withdrawal
notice contemplated in paragraph (a) may only be issued if the Registrar has— (i) given
the holder of the
authorisation notice in writing of the grounds on which the withdrawal is to
be considered; (ii) informed the holder concerned in writing
that he or she may submit written 5 representations within 30 days as to why
the authorisation
should not be cancelled; and (iii) duly considered any
representations received and all the facts pertaining to the matter. [S 21(2) substituted
by s 16 of Act 28 of 2006 with effect from date to be proclaimed.] |
(3) The
Office of the Central Firearms Register must keep a record containing such
information as may be prescribed in respect of all
authorisations issued in
terms of this section.
(4) The
Registrar must submit an annual report to the Minister containing such
information as may be prescribed in respect of all authorisations
issued in
terms of this section.
(5) A
firearm in respect of which an authorisation has been issued in terms of this
section may be used only—
(a) if
the Registrar by endorsement on the authorisation permits such use; and
(b) in
accordance with such conditions as may be prescribed and imposed by the
Registrar.
(6) A
firearm in respect of which an authorisation has been issued in terms of this
section may be disposed of only with the written
consent of the Registrar and
subject to such conditions as he or she may impose.
[S 21 commencement:
1 July 2004.]
22. Holder of licence may allow
another person to use firearm
Despite anything to the contrary in this Act but subject
to section 120(5), any person who is at least 21 years of age and the holder
of
a licence to possess a firearm issued in terms of this Act may allow any other
person to use that firearm while under his or
her immediate supervision where
it is safe to use the firearm and for a lawful purpose.
[S 22 commencement:
1 July 2004.]
|
Uncommenced amendment 22. Holder
of licence may allow another person to use firearm Despite anything to the contrary in
this Act but subject to section 120(5), any person who is at least 21 years
of age and the
holder of a licence to possess a firearm or a competency
certificate in respect of a muzzle loading firearm issued in terms of
this
Act may allow any other person to use that firearm or muzzle loading firearm while
under his or her immediate supervision
where it is safe to use the firearm or
muzzle loading firearm and for a lawful purpose. [S 22
substituted by s 17 of Act 28 of 2006 with effect from date to be proclaimed.] |
23. Identification marks on
firearms
(1) No
firearm licence may be issued unless the firearm bears the manufacturer’s
serial number or any other mark by which the firearm
can be identified.
(2) 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.
[S 23(2) substituted
by s 7 of Act 43 of 2003.]
(3) Despite
subsections (1) and (2), the Registrar may, on good cause shown by the
applicant and subject to such conditions as the Registrar
may impose, issue a
licence in respect of a firearm which does not comply with the provisions of
those subsections.
(4) The
Registrar may direct that any firearm in respect of which an application for a
licence has been made, be marked with such additional
identification mark as he
or she may determine.
(5) No
person may erase, alter or in any other manner tamper with the manufacturer’s
serial number or any other identification mark
on a firearm with the intention
of changing the identity of the firearm.
(6) A
person who is in possession of a firearm of which the manufacturer’s serial
number or other identification mark has been erased,
altered or in any other
manner tampered with or has become illegible, must forthwith notify the
Registrar of such fact.
(7) The
Registrar may direct in writing that such firearm be marked with such
identification mark as he or she may determine.
[S 23 commencement:
1 July 2004.]
24. Renewal of firearm licences
(1) The
holder of a licence issued in terms of this Chapter who wishes to renew the
licence must at least 90 days before the date of
expiry of the licence apply to
the Registrar for its renewal.
(2) The
application must be—
(a) accompanied
by such information as may be prescribed; and
(b) delivered
to the Designated Firearms Officer responsible for the area in which the
applicant ordinarily resides or in which the
applicant’s business is, as the
case may be.
(3) No
application for the renewal of a licence may be granted unless the applicant
shows that he or she has continued to comply with
the requirements for the
licence in terms of this Act.
(4) If
an application for the renewal of a licence has been lodged within the period
provided for in subsection (1), the licence remains
valid until the application
is decided.
[S 24 commencement:
1 July 2004.]
25. Notification of change of
address
(1) The
holder of a licence, permit or authorisation issued in terms of this Chapter
must in writing notify the Registrar of any change
in his or her physical or
postal address within 30 days of such change occurring.
(2) The
Registrar must within 30 days after receiving a notice referred to in
subsection (1) acknowledge receipt of that notice in writing.
[S 25 commencement:
1 July 2004.]
26. Notification of change of
circumstances
(1) The
holder of a licence, permit or authorisation issued in terms of this Chapter
must notify the Registrar in writing within 30
days if there is any change with
regard to any information which was submitted in respect of the application for
the issue of that
licence, permit or authorisation.
(2) The
Registrar must within 30 days after receiving a notice referred to in
subsection (1) acknowledge receipt of that notice in writing.
[S 26 commencement:
1 July 2004.]
27. Period of validity of
licence or permit
A licence or permit mentioned in
Column 2 of the Table below remains valid for the period mentioned in Column 3
of that Table.
TABLE
PERIOD OF VALIDITY OF LICENCE OR
PERMIT
|
Section number |
Type of licence or permit |
Period of validity |
|
13 |
Licence to possess firearm for self-defence |
Five years |
|
14 |
Licence to possess restricted firearm for self-defence |
Two years |
|
15 |
Licence to possess firearm for occasional hunting and sports-shooting |
10 years |
|
16 |
Licence to possess firearm for dedicated hunting and dedicated sports- shooting |
10 years |
|
16A |
Licence to possess a firearm for professional hunting |
10 years |
|
17 |
Licence to possess firearm in private collection |
10 years |
|
18 |
Permit to possess ammunition in private collection |
10 years |
|
19 |
Licence to possess firearm, and permit to possess ammunition, in
public collection |
10 years |
|
20 |
Licence to possess firearm for business purposes: Business as game
rancher and in hunting |
10 years |
|
20 |
Licence to possess firearm for business purposes: Business other than
as game rancher and in hunting |
Five years |
[S 27 substituted
by s 18 of Act 28 of 2006 with effect from 10 January 2011.]
28. Termination of firearm
licence
(1) A
licence issued in terms of this Chapter terminates—
(a) upon
the expiry of the relevant period contemplated in section 27, unless renewed in
terms of section 24;
(b) if
surrendered by the holder of the licence to the Registrar;
(c) if
the holder of the licence becomes or is declared unfit to possess a firearm in
terms of section 102 or 103; or
(d) if
it is cancelled in terms of this Act.
(2) The
Registrar may, by notice in writing, cancel a licence issued in terms of this
Chapter if the holder of the licence—
(a) no
longer qualifies to hold the licence; or
(b) has
contravened or failed to comply with any provision of this Act or any condition
specified in the licence.
(3) A
notice contemplated in subsection (2) may only be issued if the Registrar has—
(a) given
the holder of the licence 30 days’ notice in writing to submit written
representations as to why the licence should not
be cancelled; and
(b) duly
considered any representations received and all the facts pertaining to the
matter.
(4)
(a) If
a notice contemplated in subsection (2) is issued, the former holder of the
licence must dispose of the firearm in question through
a dealer or in such
manner as the Registrar may determine.
(b) The
disposal must take place within 60 days after receipt of the notice.
(5) If
the firearm is not disposed of within 60 days, it must be forfeited to the
State and the former holder of the licence must surrender
it immediately at
such place and in such manner as the Registrar may determine.
(6) Any
period contemplated in this section may be extended by the Registrar on good
cause shown.
[S 28 commencement:
1 July 2004.]
29. Defaced, lost or stolen
licences, permits and authorisations
(1) If
a licence, permit or authorisation issued in terms of this Chapter is lost or
stolen, the holder of the licence, permit or authorisation
must inform the
Registrar of such loss or theft within 24 hours of the discovery of the loss or
theft.
(2) If
a licence, permit or authorisation issued in terms of this Chapter is defaced,
lost or stolen, the holder of the licence, permit
or authorisation must within
seven days of the discovery of the defacement, loss or theft apply to the
Registrar in the prescribed
form for a copy of the licence, permit or
authorisation.
[S 29 commencement:
1 July 2004.]
30. Central firearms database
The Registrar must establish and maintain such central firearms database
as may be prescribed.
[S 30 commencement:
1 July 2004.]
CHAPTER 7
LICENCES ISSUED TO PARTICULAR CATEGORIES OF PERSONS - DEALERS,
MANUFACTURERS AND GUNSMITHS
PART 1
DEALERS
31. Prohibition of unlicensed
trading in firearms or ammunition
(1) No
person may trade in any firearm, muzzle loading firearm or ammunition without a
dealer’s licence.
(2) Subject
to subsection (3), a person who is not a dealer may dispose of a firearm,
muzzle loading firearm or ammunition only through
a dealer or as otherwise
provided for in this Act.
(3) A
person who wishes to sell or donate a firearm, or a muzzle loading firearm, or
ammunition in a collection, to a willing buyer
or donee,
as the case may be, may do so without the intervention of a dealer, subject to
the provisions relating to possession thereof in
the Act, and such conditions
as may be prescribed.
[S 31 substituted
by s 19 of Act 28 of 2006 with effect from 1 March 2012.]
32. Requirements for dealer’s
licence
(1) A
dealer’s licence may be issued to a person who is a fit and proper person to
trade in firearms or ammunition.
(2) Any
natural person who engages in trading on behalf of a dealer must hold a
competency certificate to trade in firearms and ammunition.
[S 32 commencement:
1 July 2004.]
33. Conditions imposed on
dealer
The Minister may prescribe—
(a) conditions
in respect of the issue of a dealer’s licence which the Registrar may impose on
a dealer; and
(b) specifications
in respect of the business premises of a dealer.
[S 33 commencement:
1 July 2004.]
34. Dealer’s licence
The dealer’s licence must—
(a) specify
the premises in respect of which the licence is issued;
(b) specify
the conditions contemplated in section 33; and
(c) contain
such other information as may be prescribed.
[S 34 commencement:
1 July 2004.]
35. Renewal of dealer’s licence
(1) The
holder of a dealer’s licence who wishes to renew the licence must at least 90
days before the date of expiry of the licence
apply in the prescribed form to
the Registrar for its renewal.
(2) The
application must be—
(a) accompanied
by such information as may be prescribed; and
(b) delivered
to the Designated Firearms Officer responsible for the area in which the
applicant’s business premises are situated.
(3) No
application for the renewal of a dealer’s licence may be granted unless the
applicant satisfies the Registrar that he or she
still complies with the
requirements for the licence in terms of this Act.
(4) If
an application for the renewal of a dealer’s licence has been lodged within the
period provided for in subsection (1), the
licence remains valid until the
application is decided.
[S 35 commencement:
1 July 2004.]
36. Temporary authorisation to
trade in firearms and ammunition on premises other than those specified in
dealer’s licence
(1) The
Registrar may issue a temporary authorisation to a dealer to trade in firearms
and ammunition at premises other than those specified
in the dealer’s licence.
(2) The
Minister may prescribe conditions which the Registrar may impose on a licensed
dealer in respect of a temporary authorisation
issued in terms of this section.
(3) A
temporary authorisation to trade in firearms and ammunition must specify the—
(a) premises
in respect of which it is issued;
(b) period
for which it is issued; and
(c) conditions
subject to which it is issued.
(4) The
Registrar may at any time, by written notice, withdraw an authorisation issued
in terms of this section.
(5) The
Office of the Central Firearms Register must keep a record of prescribed
information in respect of all authorisations issued
in terms of this section.
(6) A
dealer to whom a temporary authorisation has been issued must comply with the
requirements of subsection (3).
[S 36 commencement:
1 July 2004.]
37. Change of premises
(1) A
dealer may apply to the Registrar in the prescribed manner for removal of the
business from the premises specified in the licence
to different premises.
(2) On
receipt of the application referred to in subsection (1), the Registrar may
endorse the licence or issue a new licence permitting
the dealer to conduct the
business from the new premises on such conditions as the Registrar may impose.
[S 37 commencement:
1 July 2004.]
38. Notification of change of
circumstances
(1) The
holder of a dealer’s licence must notify the Registrar in writing within 30
days if there is any change with regard to any
information which was submitted
in respect of the application for the issue of that licence.
(2) The
Registrar must within 30 days after receiving a notice referred to in
subsection (1) acknowledge receipt of that notice in writing.
[S 38 commencement:
1 July 2004.]
39. Duties of dealer
(1) A
dealer may trade in firearms or ammunition only on premises specified in the
dealer’s licence.
(2) A
dealer may not permit any person to trade in firearms or ammunition on his or
her behalf unless that person is in possession of
the appropriate competency
certificate.
(3) A
dealer must keep such registers as may be prescribed and containing such
information as may be prescribed at the premises specified
in the dealer’s
licence.
(4) A
dealer must keep his or her dealer’s licence on the premises specified in the
licence.
(5) A
dealer must, at the request of any police official, produce for inspection—
(a) any
firearms or ammunition that the dealer may have in stock;
(b) his
or her dealer’s licence; and
(c) any
register or electronic data kept by the dealer in terms of Part 1 of this
Chapter.
(6) A
dealer must establish and maintain a workstation which links the registers
referred to in subsection (3) to the central dealers
database in the prescribed
manner.
(7) The
Registrar may, on good cause shown on application by a dealer, exempt the
dealer from the duties referred to in subsection (6).
(8) Any
dealer exempted as contemplated in subsection (7) must submit weekly returns,
completed in the prescribed form, to the Office
of the Central Firearms
Register.
(9) A
dealer must comply with any condition imposed under section 33 and
specification prescribed under that section.
[S 39 commencement:
1 July 2004.]
40. Establishment of
centralised dealers’ database
The Registrar must establish and maintain such central
dealers’ database as may be prescribed.
[S 40 commencement:
1 July 2004.]
41. Suspension of dealer’s
licence
(1) The
Registrar may suspend a dealer’s licence if the Registrar has information in a
sworn statement or on solemn declaration that
the dealer has committed an
offence in terms of this Act for which a sentence of imprisonment for a period
of five years or more
may be imposed.
(2) A
licence may be suspended for not more than seven days without affording the
holder of the licence a hearing.
(3) A
suspension may endure for a period longer than seven days if the—
(a) holder
has been afforded an opportunity to make written representations to the
Registrar;
(b) Registrar
has given due consideration to the representations;
(c) Registrar
deems it necessary in order to achieve the objects of this Act; and
(d) suspension
has been confirmed by a court.
(4) A
dealer may not trade for the period during which the licence is suspended.
[S 41 commencement:
1 July 2004.]
42. Termination of dealer’s
licence
(1) A
dealer’s licence terminates—
(a) upon
the expiry of one year from the date on which it was issued;
|
Uncommenced amendment (a) upon the expiry of five years from the
date on which it was issued; [S 42(1)(a)
substituted by s 20 of Act 28 of 2006 with effect from date to be proclaimed.] |
(b) if
surrendered by the dealer to the Registrar;
(c) if
the holder of the licence becomes or is declared unfit to possess a firearm in
terms of section 102 or 103; or
(d) if
cancelled in terms of this Act.
(2) The
Registrar may, by written notice, cancel a dealer’s licence if the holder of
the licence—
(a) no
longer qualifies to hold the licence; or
(b) has
contravened or failed to comply with any provision of this Act or any condition
specified in the licence.
(3) A
notice contemplated in subsection (2) may only be issued if the Registrar has—
(a) given
the holder 30 days notice in writing to submit
written representations as to why the licence should not be cancelled; and
(b) duly
considered any representations received and all the facts pertaining to the
matter.
(4)
(a) If
a notice contemplated in subsection (2) is issued, the former holder of the
licence must dispose of any firearms and ammunition
in his or her possession
through a dealer or in such manner as the Registrar may determine.
(b) The
disposal must take place within 60 days after receipt of the notice.
(5) If
the firearms and ammunition are not disposed of within 60 days they must be
forfeited to the State and the former holder of the
licence must surrender them
immediately at such place and in such manner as the Registrar may determine.
(6) Any
period contemplated in this section may be extended by the Registrar on good
cause shown.
[S 42 commencement:
1 July 2004.]
43. Application of other laws
A licence issued in terms of Part 1 of this Chapter does
not exempt the holder of the licence from having to comply with the provisions
of any other law.
[S 43 commencement:
1 July 2004.]
44. Defaced, lost or stolen
licences
(1) If
a dealer’s licence is lost or stolen, the holder of the licence must inform the
Registrar within 24 hours of the discovery
of the loss or theft.
(2) If
a dealer’s licence is defaced, lost or stolen, the holder of the licence must
within seven days of the discovery of the defacement,
loss or theft apply to
the Registrar in the prescribed manner for a copy of the licence.
[S 44 commencement:
1 July 2004.]
PART 2
MANUFACTURERS
45. Prohibition of unlicensed
manufacture of firearms and ammunition
(1) No
person may manufacture any firearm or ammunition without a manufacturer’s
licence.
(2) A
manufacturer may only sell firearms and ammunition to a dealer or to the State,
and may export firearms and ammunition subject
to section 73(1).
[S 45 commencement:
1 July 2004.]
|
Uncommenced amendment 45. Prohibition
of unlicensed manufacture of firearms, muzzle loading firearms and ammunition (1) No person may manufacture any firearm,
muzzle loading firearm or ammunition without a manufacturer’s licence. (2) A manufacturer may only sell firearms,
muzzle loading firearms and ammunition to a dealer or to the State, and may
export firearms,
muzzle loading firearms and ammunition subject to section
73(1). [S 45
substituted by s 21 of Act 28 of 2006 with effect from date to be proclaimed.] |
46. Requirements for
manufacturer’s licence
(1) A
manufacturer’s licence may be issued to a person who is a fit and proper person
to manufacture firearms or ammunition.
(2) The
Registrar may only issue a manufacturer’s licence to—
(a) a
manufacturer of firearms if the firearms are manufactured in a factory
registered in terms of the Occupational Health and Safety
Act, 1993 (Act 85 of
1993); or
(b) a
manufacturer of ammunition if the ammunition is manufactured in a factory
licensed in terms of the Explosives Act, 1956 (Act 26
of 1956).
[S 46 commencement:
1 July 2004.]
47. Conditions imposed on
manufacturer
The Minister may prescribe—
(a) conditions
in respect of the issue of a manufacturer’s licence which the Registrar may
impose on a manufacturer; and
(b) specifications
in respect of the business premises of a manufacturer.
[S 47 commencement:
1 July 2004.]
48. Manufacturer’s licence
A manufacturer’s licence must—
(a) specify
the premises in respect of which the licence is issued;
(b) specify
the conditions contemplated in section 47 which are to apply; and
(c) contain
such other information as may be prescribed.
[S 48 commencement:
1 July 2004.]
49. Renewal of manufacturer’s
licence
(1) The
holder of a manufacturer’s licence who wishes to renew the licence must apply
to the Registrar for its renewal in the prescribed
form at least 90 days before
the date of expiry of the licence.
(2) The
application must be—
(a) accompanied
by such information as may be prescribed; and
(b) delivered
to the Designated Firearms Officer responsible for the area in which the
applicant’s business premises are situated.
(3) No
application for renewal of a manufacturer’s licence may be granted unless the
applicant satisfies the Registrar that he or
she has continued to comply with
the requirements for the licence in terms of this Act.
(4) If
an application for the renewal of a manufacturer’s licence has been lodged
within the period provided for in subsection (1),
the licence remains valid
until the application is decided.
[S 49 commencement:
1 July 2004.]
50. Temporary authorisation to
display firearms and ammunition on premises other than those specified in
manufacturer’s licence
(1) The
Registrar may issue a temporary authorisation to a manufacturer to display
firearms and ammunition at premises other than those
specified in the
manufacturer’s licence.
(2) The
Minister may prescribe conditions which the Registrar may impose on a
manufacturer in respect of a temporary authorisation issued
in terms of this
section.
(3) A
temporary authorisation to display firearms and ammunition must specify—
(a) the
premises in respect of which it is issued;
(b) the
period for which it is issued; and
(c) any
conditions subject to which it is issued.
(4) The
Registrar may at any time, by written notice, withdraw an authorisation issued
in terms of this section.
(5) The
Office of the Central Firearms Register must keep a record of prescribed
information in respect of all authorisations issued
in terms of this section.
(6) A
manufacturer to whom a temporary authorisation has been issued must comply with
the requirements of subsection (3).
[S 50 commencement:
1 July 2004.]
51. Change of premises
(1) A
manufacturer may apply to the Registrar in the prescribed manner for removal of
the business from the premises specified in the
licence to different premises.
(2) On
receipt of the application referred to in subsection (1), the Registrar may
endorse the manufacturer’s licence or issue a new
licence permitting the
manufacturer to conduct business from the new premises on such conditions as
the Registrar may impose.
(3) Section
46(2) applies with the necessary changes to an application in terms of this
section.
[S 51 commencement:
1 July 2004.]
52. Notification of change of
circumstances
(1) The
holder of a manufacturer’s licence must notify the Registrar in writing within
30 days if there is any change with regard
to any information which was
submitted in respect of the application for the issue of that licence.
(2) The
Registrar must within 30 days after receiving a notice referred to in
subsection (1) acknowledge receipt of that notice in writing.
[S 52 commencement:
1 July 2004.]
53. Duties of manufacturer
(1) A
manufacturer may manufacture firearms or ammunition only on premises specified
in the licence.
(2) A
manufacturer must apply or affix such serial number or any other mark to any
firearm manufactured by the manufacturer as may be
prescribed.
(3) A
manufacturer must keep registers containing such information as may be
prescribed at the premises specified in the manufacturer’s
licence.
(4) A
manufacturer must keep his or her manufacturer’s licence on the premises
specified in the licence.
(5) A
manufacturer must, at the request of any police official, produce for
inspection—
(a) any
firearms or ammunition that the manufacturer may have in stock;
(b) his
or her manufacturer’s licence; and
(c) any
register or electronic data kept by the manufacturer in terms of Part 2 of this
Chapter.
(6) A
manufacturer must in the prescribed manner establish and maintain a workstation
which links the registers referred to in subsection
(3) to the central
manufacturers’ database.
(7) A
manufacturer must comply with the conditions specified in the manufacturer’s
licence.
[S 53 commencement:
1 July 2004.]
54. Establishment of
centralised manufacturers’ database
The Registrar must establish and maintain such central
manufacturers’ database as may be prescribed.
[S 54 commencement:
1 July 2004.]
55. Suspension of
manufacturer’s licence
(1) The
Registrar may suspend a manufacturer’s licence if the Registrar has information
in a sworn statement or on solemn declaration
that the manufacturer has
committed an offence in terms of this Act for which a sentence of imprisonment
for a period of five years
or more may be imposed.
(2) A
licence may be suspended for not more than seven days without affording the
holder of the licence a hearing.
(3) A
suspension may endure for a period longer than seven days if the—
(a) holder
has been afforded an opportunity to make written representations to the
Registrar;
(b) Registrar
has given due consideration to the representations;
(c) Registrar
deems it necessary in order to achieve the objects of this Act; and
(d) suspension
has been confirmed by a court.
(4) A
manufacturer may not conduct business as a manufacturer for the period during
which the licence is suspended.
[S 55 commencement:
1 July 2004.]
56. Termination of
manufacturer’s licence
(1) A
manufacturer’s licence terminates—
(a) upon
the expiry of one year from the date on which it was issued;
|
Uncommenced amendment (a) upon the expiry of five years from the
date on which it was issued; [S 56(1)(a)
substituted by s 22 of Act 28 of 2006 with effect from date to be proclaimed.] |
(b) if
surrendered by the manufacturer to the Registrar;
(c) if
the manufacturer becomes or is declared unfit to possess a firearm in terms of
section 102 or 103; or
(d) if
cancelled in terms of this Act.
(2) The
Registrar may, by written notice, cancel a manufacturer’s licence if the holder
of the licence—
(a) no
longer qualifies to hold the licence; or
(b) has
contravened or failed to comply with any provision of this Act or any condition
specified in the licence.
(3) A
notice contemplated in subsection (2) may only be issued if the Registrar has—
(a) given
the holder 30 days’ notice in writing to submit written representations as to
why the licence should not be cancelled; and
(b) duly
considered any representations received and all the facts pertaining to the
matter.
(4)
(a) If
a notice contemplated in subsection (2) is issued, the former holder of the
licence must dispose of any firearms and ammunition
in his or her possession
through a dealer or in such manner as the Registrar may determine.
(b) The
disposal must take place within 60 days after receipt of the notice.
(5) If
the firearms and ammunition are not disposed of within 60 days they must be
forfeited to the State and the former holder of the
licence must surrender them
immediately at such place and in such manner as the Registrar may determine.
(6) Any
period contemplated in this section may be extended by the Registrar on good
cause shown.
[S 56 commencement:
1 July 2004.]
57. Application of other laws
A licence issued in terms of Part 2 of this Chapter does
not exempt the holder of the licence from having to comply with the provisions
of any other law.
[S 57 commencement:
1 July 2004.]
58. Defaced, lost or stolen
licences
(1) If
a manufacturer’s licence is lost or stolen, the holder of the licence must
inform the Registrar within 24 hours of the discovery
of the loss or theft.
(2) If
a manufacturer’s licence is defaced, lost or stolen, the holder of the licence
must within seven days of the discovery of the
defacement, loss or theft apply
to the Registrar in the prescribed manner for a copy of the licence.
[S 58 commencement:
1 July 2004.]
PART 3
GUNSMITHS
59. Prohibition of certain work
No person may, without being the holder of a gunsmith’s licence or being
registered as an apprentice to such holder—
[S 59, words
preceding (a), substituted by s 8 of Act 43 of 2003.]
(a) alter
the mechanism of a firearm so as to enable the discharging of more than one
shot with a single depression of the trigger;
(b) alter
the calibre of a firearm;
(c) alter
the barrel length of a firearm;
(d) alter
or remove the serial number or any other identifying mark of a firearm; or
(e) perform
such other work as may be prescribed.
[S 59 commencement:
1 July 2004.]
60. Requirement for gunsmith’s
licence
A gunsmith’s licence may be issued to a person who is a
fit and proper person to perform the work contemplated in section 59.
[S 60 commencement:
1 July 2004.]
61. Conditions imposed on
gunsmith
The Minister may prescribe—
(a) conditions
in respect of the issue of a gunsmith’s licence which the Registrar may impose
on a licensed gunsmith; and
(b) specifications
in respect of the business premises of a gunsmith.
[S 61 commencement:
1 July 2004.]
62. Gunsmith’s licence
A gunsmith’s licence must—
(a) specify
the premises in respect of which the licence is issued;
(b) specify
any of the conditions contemplated in section 61 which are to apply; and
(c) contain
such other information as may be prescribed.
[S 62 commencement:
1 July 2004.]
63. Renewal of gunsmith’s
licence
(1) The
holder of a gunsmith’s licence who wishes to renew the licence must apply to
the Registrar for its renewal at least 90 days
before the date of expiry of the
licence.
(2) The
application must be—
(a) accompanied
by such information as may be prescribed; and
(b) delivered
to the Designated Firearms Officer responsible for the area in which the
applicant’s business premises are situated.
(3) No
application for renewal of a gunsmith’s licence may be granted unless the
applicant satisfies the Registrar that he or she
has continued to comply with
the requirements for the licence in terms of this Act.
(4) If
an application for the renewal of a gunsmith’s licence has been lodged within
the period provided for in subsection (1), the
licence remains valid until the
application is decided.
[S 63 commencement:
1 July 2004.]
64. Temporary authorisation to
conduct business as gunsmith on premises other than those specified in
gunsmith’s licence
(1) The
Registrar may issue a temporary authorisation to a gunsmith to conduct business
as a gunsmith at premises other than those specified
in the gunsmith’s licence.
(2) The
Minister may prescribe conditions which the Registrar may impose on a gunsmith
in respect of a temporary authorisation issued
in terms of this section.
(3) A
temporary authorisation to conduct business as a gunsmith must specify the—
(a) premises
in respect of which it is issued;
(b) period
for which it is issued; and
(c) conditions
subject to which it is issued.
(4) The
Registrar may at any time, by written notice, withdraw an authorisation issued
in terms of this section.
(5) The
Office of the Central Firearms Register must keep a record of prescribed
information in respect of all authorisations issued
in terms of this section.
(6) A
gunsmith to whom a temporary authorisation has been issued must comply with the
requirements of subsection (3).
[S 64 commencement:
1 July 2004.]
65. Change of premises
(1) A
gunsmith may apply to the Registrar in the prescribed manner for removal of the
business from the premises specified in the licence
to different premises.
(2) On
receipt of the application referred to in subsection (1), the Registrar may
endorse the gunsmith’s licence or issue a new licence
permitting the gunsmith
to conduct the business from the new premises on such conditions as the
Registrar may impose.
[S 65 commencement:
1 July 2004.]
66. Notification of change of
circumstances
(1) The
holder of a gunsmith’s licence must notify the Registrar in writing within 30
days if there is any change with regard to any
information which was submitted
in respect of the application for the issue of that licence.
(2) The
Registrar must within 30 days after receiving a notice referred to in
subsection (1) acknowledge receipt of that notice in writing.
[S 66 commencement:
1 July 2004.]
67. Duties of gunsmith
(1) A
gunsmith may conduct business as a gunsmith only on premises specified in the
gunsmith’s licence.
(2) A
gunsmith must keep registers containing such information as may be prescribed
at the premises specified in the gunsmith’s licence.
(3) A
gunsmith must keep his or her gunsmith’s licence on the premises specified in
the licence.
(4) A
gunsmith must, at the request of any police official, produce for inspection—
(a) any
firearms or ammunition that the gunsmith may have in his or her possession;
(b) his
or her gunsmith’s licence; and
(c) any
register or electronic data kept by the gunsmith in terms of Part 3 of this
Chapter.
(5) A
gunsmith must in the prescribed manner establish and maintain a workstation
which links the registers referred to in subsection
(2) to the central
gunsmiths’ database.
(6) The
Registrar may, on good cause shown on application by a gunsmith, exempt the
gunsmith from the duties referred to in subsection
(5).
(7) Any
gunsmith exempted as contemplated in subsection (6), must submit weekly
returns, completed in the prescribed form, to the Office
of the Central
Firearms Register.
(8) A
gunsmith must comply with any condition imposed under section 61 and
specifications prescribed under that section.
[S 67 commencement:
1 July 2004.]
68. Establishment of
centralised gunsmiths’ database
The Registrar must establish and maintain such central
gunsmiths’ database as may be prescribed.
[S 68 commencement:
1 July 2004.]
69. Suspension of gunsmith’s
licence
(1) The
Registrar may suspend a gunsmith’s licence if the Registrar has information in
a sworn statement or on solemn declaration
that the gunsmith has committed an
offence in terms of this Act for which a sentence of imprisonment for a period
of five years
or more may be imposed.
(2) A
licence may be suspended for not more than seven days without affording the
holder of the licence a hearing.
(3) A
suspension may endure for a period longer than seven days if the—
(a) holder
has been afforded an opportunity to make written representations to the
Registrar;
(b) Registrar
has given due consideration to the representations;
(c) Registrar
deems it necessary in order to achieve the objects of this Act; and
(d) suspension
has been confirmed by a court.
(4) A
gunsmith may not conduct business as a gunsmith for such period as the licence
is suspended.
[S 69 commencement:
1 July 2004.]
70. Termination of gunsmith’s
licence
(1) A
gunsmith’s licence terminates—
(a) upon
the expiry of one year from the date on which it was issued;
|
Uncommenced amendment (a) upon the expiry of five years from the
date on which it was issued; [S 70(1)(a)
substituted by s 23 of Act 28 of 2006 with effect from date to be proclaimed.] |
(b) if
surrendered by the gunsmith to the Registrar;
(c) if
the gunsmith becomes or is declared unfit to possess a firearm in terms of
section 102 or 103; or
(d) if
cancelled in terms of this Act.
(2) The
Registrar may, by written notice, cancel a gunsmith’s licence if the holder of
the licence—
(a) no
longer qualifies to hold the licence; or
(b) has
contravened or failed to comply with any provision of this Act or any condition
specified in the licence.
(3) A
notice contemplated in subsection (2) may only be issued if the Registrar has—
(a) given
the holder 30 days’ notice in writing to submit written representations as to
why the licence should not be cancelled; and
(b) duly
considered any representations received and all the facts pertaining to the
matter.
(4) If
a notice contemplated in subsection (2) is issued, the former holder of the
licence must dispose of any firearms and ammunition
in his or her possession in
such manner as the Registrar may determine.
[S 70 commencement:
1 July 2004.]
71. Application of other laws
A licence issued in terms of Part 3 of this Chapter does
not exempt the holder of the licence from the obligation to comply with
any
other law.
[S 71 commencement:
1 July 2004.]
72. Defaced, lost or stolen
licences
(1) If
a gunsmith’s licence is lost or stolen, the holder of the licence must inform
the Registrar within 24 hours of the discovery
of the loss or theft.
(2) If
a gunsmith’s licence is defaced, lost or stolen, the holder of the licence must
within seven days of the discovery of the defacement,
loss or theft apply to
the Registrar in the prescribed manner for a copy of the licence.
[S 72 commencement:
1 July 2004.]
CHAPTER 8
IMPORT, EXPORT AND CARRIAGE IN-TRANSIT
OF FIREARMS AND AMMUNITION
73. Prohibition of import,
export or carriage in-transit of firearms and ammunition without permit
(1) No
person may import into or export from South Africa any firearms or ammunition
without an import or export permit issued in terms
of this Act.
(2) No
person may carry in transit through South Africa any firearms or ammunition
without an in-transit permit issued in terms of this
Act.
[S 73 commencement:
1 July 2004.]
|
Uncommenced amendment 73. Prohibition
of import, export or carriage in-transit of firearms, muzzle loading firearms
and ammunition without permit (1) No person may import into or export from
South Africa any firearms, muzzle loading firearms or ammunition without an
import
or export permit issued in terms of this Act. (2) No person may carry in transit through
South Africa any firearms, muzzle loading firearms or ammunition without an
in-transit
permit issued in terms of this Act. [S 73
substituted by s 24 of Act 28 of 2006 with effect from date to be proclaimed.] |
74. Requirements for import,
export or in-transit permit
(1) An
import, export or in-transit permit may be issued to a person who is a fit and
proper person to hold such permit.
(2) Unless
the Registrar directs otherwise in writing, no import, export or in-transit
permit may be issued in respect of any firearm
or ammunition which does not
bear the prescribed identification marks.
[S 74 commencement:
1 July 2004.]
75. Conditions imposed on
holder of permit
The Minister may prescribe conditions which the Registrar
may impose on the holder of a permit issued in terms of this Chapter.
[S 75 commencement:
1 July 2004.]
76. Import, export or
in-transit permit
An import, export or in-transit permit must—
(a) specify
the conditions contemplated in section 75; and
(b) contain
such other information as may be prescribed.
[S 76 commencement:
1 July 2004.]
77. Permit constitutes licence
to possess firearm or ammunition
(1) A
permit for the import of a firearm or ammunition also constitutes a licence to
possess such firearm or ammunition for such person
and period as the Registrar
may specify on the permit.
(2) The
Registrar may impose such conditions in respect of the possession and use of
the relevant firearm or ammunition as may be prescribed,
and must, on the
permit in question, specify any conditions imposed.
[S 77 commencement:
1 July 2004.]
78. Duties of holder of permit
(1) The
holder of a permit issued in terms of this Chapter, must at the request of any
police official, produce for inspection—
(a) any
firearms or ammunition in his or her possession or under his or her control;
(b) his
or her permit; and
(c) any
register or electronic data that may be kept by him or her in terms of this
Act.
(2) The
Registrar may direct the holder of a permit issued in terms of this Chapter to
keep and maintain registers containing such information
as he or she may
direct.
(3) The
Registrar may direct the holder of a permit issued in terms of this Chapter to
establish and maintain a workstation which complies
with such requirements as
he or she may direct and which links the registers referred to in subsection
(2) to the central importers’
and exporters’ database.
(4) The
holder of a permit issued in terms of this Chapter must comply with the
conditions specified in the permit.
[S 78 commencement:
1 July 2004.]
79. Establishment of central
importers’ and exporters’ database
The Registrar must establish and maintain such central
importers’ and exporters’ databases as may be prescribed.
[S 79 commencement:
1 July 2004.]
80. Suspension of import,
export and in-transit permits
(1) The
Registrar may suspend an import, export or in-transit permit if the Registrar
has information in a sworn statement or on solemn
declaration that the holder
of the permit has committed an offence in terms of this Act for which a
sentence of imprisonment for
a period of five years or more may be imposed.
[S 80(1) substituted
by s 9 of Act 43 of 2003.]
(2) A
permit may be suspended for not more than seven days without affording the
holder of the permit a hearing.
(3) A
suspension may endure for a period longer than seven days if the—
(a) holder
has been afforded an opportunity to make written representations to the
Registrar;
(b) Registrar
has given due consideration to the representations;
(c) Registrar
deems it necessary in order to achieve the objects of this Act; and
(d) suspension
has been confirmed by a court.
(4) A
holder of a permit may not import or export firearms or ammunition or carry
firearms or ammunition in transit for such period
as the permit is suspended.
[S 80 commencement:
1 July 2004.]
81. Termination of import,
export and in-transit permits
(1) An
import, export or in-transit permit terminates—
(a) on
the date specified in the permit;
(b) if
surrendered by the holder of the permit to the Registrar;
(c) if
the holder of a permit becomes or is declared unfit to possess a firearm in
terms of section 102 or 103; or
(d) if
cancelled in terms of this Act.
(2) The
Registrar may, by written notice, cancel an import, export or in-transit permit
if the permit holder—
(a) no
longer qualifies to hold the permit; or
(b) has
contravened or failed to comply with any provision of this Act or any condition
specified in the permit.
(3) A
notice contemplated in subsection (2) may only be issued if the Registrar has—
(a) given
the holder 30 days’ notice in writing to submit written representations as to
why the permit should not be cancelled; and
(b) duly
considered any representations received and all the facts pertaining to the
matter.
(4) If
a notice contemplated in subsection (2) is issued, the former holder of a
permit must dispose of any firearms and ammunition
in his or her possession in
such manner as the Registrar may determine.
[S 81 commencement:
1 July 2004.]
82. Defaced, lost or stolen
permits
(1) If
an import, export or in-transit permit is lost or stolen, the holder of a
permit must inform the Registrar within 24 hours of
the discovery of the loss
or theft.
(2) If
an import, export or in-transit permit is defaced, lost or stolen, the holder
of the permit must within seven days of the discovery
of the defacement, loss
or theft apply to the Registrar in the prescribed manner for a copy of the
permit.
[S 82 commencement:
1 July 2004.]
CHAPTER 9
STORAGE, TRANSPORT AND CARRYING OF
FIREARMS AND AMMUNITION
83. Storage and transport of
firearms and ammunition
Firearms and ammunition must be stored and transported in
the prescribed manner.
[S 83 commencement:
1 July 2004.]
84. Carrying of firearm in
public place
(1) No
person may carry a firearm in a public place unless the firearm is carried—
(a) in
the case of a handgun—
(i) in
a holster or similar holder designed, manufactured or adapted for the carrying
of a handgun and attached to his or her person;
or
(ii) in
a rucksack or similar holder; or
(b) in
the case of any other firearm, in a holder designed, manufactured or adapted
for the carrying of the firearm.
(2) A
firearm contemplated in subsection (1) must be completely covered and the
person carrying the firearm must be able to exercise
effective control over
such firearm.
[S 84 commencement:
1 July 2004.]
85. Conditions imposed on
transporter of firearm
(1) The
Minister may prescribe conditions which the Registrar may impose on the holder
of a permit issued in terms of section 86.
(2) The
conditions which the Registrar imposes must be specified in the permit.
[S 85 commencement:
1 July 2004.]
86. Firearm transporter’s
permit
(1) No
person may transport any firearm or ammunition for reward without being in
possession of a firearm transporter’s permit issued
in terms of this Act.
(2) A
firearm transporter’s permit may be issued to a person who is a fit and proper
person to conduct business as a firearm transporter.
(3) The
Registrar may issue a firearm transporter’s permit—
(a) on
receipt of an application completed on the prescribed form and containing the
prescribed information; and
(b) for
such period as the Registrar may determine.
[S 86 commencement:
1 July 2004.]
87. Duties of holder of permit
(1) The
holder of a permit issued in terms of this Chapter, must at the request of any
police official, produce for inspection—
(a) any
firearms or ammunition in his or her possession or under his or her control;
(b) his
or her permit; and
(c) any
register or electronic data that may be kept by him or her in terms of this
Act.
(2) The
Registrar may direct the holder of a permit issued in terms of this Chapter to
keep and maintain registers containing such information
as he or she may
direct.
(3) The
holder of a firearm transporter’s permit must comply with any conditions
imposed under section 85.
[S 87 commencement:
1 July 2004.]
88. Cancellation of firearm
transporter’s permit
(1) The
Registrar may, by written notice, cancel a firearm transporter’s permit if the
permit holder—
(a) no
longer qualifies to hold the permit; or
(b) has
contravened or failed to comply with any provision of this Act or any condition
specified in the permit.
(2) The
former holder of a permit must dispose of his or her cargo of firearms and
ammunition in accordance with the directions of the
Registrar.
[S 88 commencement:
1 July 2004.]
|
Uncommenced amendment (3) A
notice contcmpla1cd in subsection (1) may only be issued if the Registrar has— (a) given
the holder of the
permit notice in writing of the grounds on which the withdrawal is to be
considered; (b) informed the holder concerned in writing
that he or she may submit written representations within 30 days as to why
the permit
should not be cancelled; and (c) duly considered any representations
received and all the facts pertaining to the matter. [S 88(3)
inserted by s 25 of Act 28 of 2006 with effect from date to be proclaimed.] |
89. Records to be kept
The Office of the Central Firearms Register must keep a
record of prescribed information in respect of all firearm transporter’s
permits issued in terms of this Chapter.
[S 89 commencement:
1 July 2004.]
CHAPTER 10
CONTROL OF AMMUNITION AND FIREARM
PARTS
90. Prohibition of possession
of ammunition
No person may possess any ammunition unless he or she—
(a) holds
a licence in respect of a firearm capable of discharging that ammunition;
(b) holds
a permit to possess ammunition;
(c) holds
a dealer’s licence, manufacturer’s licence, gunsmith’s licence, import, export
or in-transit permit or transporter’s
permit issued in terms of this Act; or
(d) is
otherwise authorised to do so.
[S 90 commencement:
1 July 2004.]
91. Restrictions on possession
of ammunition
(1) The
holder of a licence to possess a firearm referred to in Chapter 6 may not
possess more than 200 cartridges for each firearm
in respect of which he or she
holds a licence.
(2) The
limitation in subsection (1) does not apply to—
(a) a
dedicated hunter, dedicated sports person or a professional hunter who holds a
licence issued in terms of this Act or any other
holder of a licence issued in
terms of this Act authorised by the Registrar to possess more than 200
cartridges for a firearm in
respect of which he or she holds a licence on good
cause shown; or
[S 91(2)(a) substituted
by s 26 of Act 28 of 2006 with effect from 1 March 2012.]
(b) the
holder of a licence to possess a firearm issued in terms of this Act in respect
of ammunition bought and discharged at an accredited
shooting range.
[S 91 commencement:
1 July 2004.]
92. Prohibitions and
restrictions on use of certain ammunition
(1) The
Minister may, by notice in the Gazette,
prohibit or restrict the acquisition, disposal, possession or use of ammunition
of a specified class if it is—
(a) in
the interest of public safety; or
(b) desirable
for the maintenance of law and order.
(2) A
notice contemplated in subsection (1) must be tabled in Parliament at least 14
days before publication thereof if Parliament is
then sitting, and if
Parliament is not sitting, within seven days after the commencement of the next
sitting.
(3) A
notice contemplated in subsection (1) is of full force and effect until
withdrawn by the Minister or by a resolution of Parliament.
[S 92 commencement:
1 July 2004.]
93. Loading or reloading of
ammunition
(1) Section
45(1) does not apply to the loading of ammunition by the holder of a licence to
possess a firearm for use in his or her
licensed firearm.
(2)
(a) A
holder of a licence contemplated in subsection (1) may not have more than 2 400
primers in his or her possession for each firearm
in respect of which he or she
holds a licence.
(b) The
limitation in paragraph (a) does not apply to a dedicated hunter, dedicated
sports person or professional hunter who holds a
licence issued in terms of
this Act or any other holder of a licence issued in terms of this Act
authorised by the Registrar to
possess more than 2 400 primers for a firearm in
respect of which he or she holds a licence on good cause shown.
[S 93(2)(b) substituted
by s 27 of Act 28 of 2006 with effect from 1 March 2012.]
(3) No
person may load prohibited ammunition contemplated in section 92.
[S 93 commencement:
1 July 2004.]
94. Prohibition of possession
of firearm parts
(1) For
purposes of this section, ‘firearm part’ means a slide, bolt or breech-block of
a firearm.
|
Uncommenced amendment (1) For purposes of this section,
‘firearm part’ means a slide, bolt or breech-block of a firearm, or a device
designed to be
attached to the barrel of a firearm in order to muffle or
moderate the report of the firearm. [S 94(1)
substituted by s 28 of Act 28 of 2006 with effect from date to be proclaimed.] |
(2) No
person may possess any firearm part unless he or she—
(a) holds
a licence in respect of a firearm capable of bearing that firearm part;
(b) holds
a dealer’s licence, manufacturer’s licence, gunsmith’s licence, import, export
or in-transit permit or transporter’s
permit issued in terms of this Act; or
(c) is
otherwise authorised to do so.
(3) The
holder of a dealer’s licence, manufacturer’s licence, gunsmith’s licence,
import, export or in-transit permit or transporter’s
permit issued in terms of
this Act must keep such register of all firearm parts in his or her possession
as may be prescribed.
(4)
(a) The
Minister may, by notice in the Gazette,
prohibit or restrict the acquisition, disposal, possession or use of firearm
parts if it is—
(i) in
the interest of public safety; or
(ii) desirable
for the maintenance of law and order.
(b) A
notice contemplated in paragraph (a) must be tabled in Parliament at least 14
days before publication thereof if Parliament is
then sitting, and if
Parliament is not sitting, within seven days after the commencement of the next
sitting.
(c) A
notice contemplated in paragraph (a) will be of full force and effect until
withdrawn by the Minister or by a resolution of Parliament.
[S 94 commencement:
1 July 2004.]
CHAPTER 11
EXEMPTIONS
95. Definitions
In this Chapter, unless the context indicates otherwise—
(a) “Official Institution” means—
(i) the
South African National Defence Force, contemplated in section 5 of the Defence
Act, 1957 (Act 44 of 1957);
(ii) the
South African Police Service, contemplated in section 5 of the South African
Police Service Act, 1995 (Act 68 of 1995);
(iii) the
Department of Correctional Services, contemplated in section 2 of the
Correctional Services Act, 1959 (Act 8 of 1959);
(iv) any
intelligence service established in terms of the Constitution;
(v) the
armaments acquisition agency of the State; and
(vi) any
government institution accredited by the Registrar as an Official Institution;
[S 95(a)(vi) commencement:
1 July 2003.]
(b) “employee”—
(i) in
relation to the South African National Defence Force, means any member of the
South African National Defence Force contemplated
in section 5 of the Defence
Act, 1957 (Act 44 of 1957), and includes any member of the Reserve contemplated
in section 6 of the
Defence Act, 1957; and
(ii) in
relation to the South African Police Service, means any member as defined in
the South African Police Service Act, 1995 (Act
68 of 1995).
[S 95 commencement:
1 July 2004, except s 95(a)(vi): 1 July 2003.]
96. Exemptions
(1) No
provision of this Act other than this Chapter, section 109 and section 145, in
so far as it relates to Official Institutions,
applies to an Official
Institution.
(2) Any
firearms and ammunition which form the subject of a notice contemplated in
section 4C of the Armaments Development and Production
Act, 1968 (Act 57 of
1968), are exempted from the provisions of this Act.
|
Uncommenced amendment (2) An
application for the export off firearms and ammunition made in terms of this
Act must be submitted by the Registrar to the
National Conventional Arms Control
Committee in accordance with section 4(3) of the National Conventional Arms
Control Act,
2002 (Act No. 41 of 2002). [S 96(2)
substituted by s 29 of Act 28 of 2006 with effect from date to be proclaimed.] |
(3) A
member of a military force of another country visiting South Africa in terms of
an international obligation or an agreement between
that country and South
Africa is exempted from the provisions of this Act to the extent provided for
in the obligation or agreement
in question.
[S 96 commencement:
1 July 2004.]
97. Conditions applicable to
institution accredited by Registrar
An Official Institution contemplated in section 95(a)(vi)
is subject to such conditions in respect of the acquisition, use, safekeeping
and disposal of firearms as may be prescribed, and to such conditions as may be
imposed by the Registrar.
[S 97 commencement:
1 July 2004.]
98. Possession and use of
firearms by Official Institution
(1)
(a) Subject
to this section, an employee of an Official Institution may not possess a
firearm under the control of the Official Institution
without a permit issued
in terms of this Chapter.
(b) Employees
of the South African National Defence Force are exempted from the obligation to
have a permit in respect of military firearms
issued to them—
(i) while
performing official duties under military command; and
(ii) if
they have in their possession a written order, instruction or route form
specifying the duty to be performed and the nature and
type of firearm they are
authorised to carry.
(c) Employees
of the South African National Defence Force are exempted from the obligation to
have a permit in respect of military firearms
in their possession or under
their control for the purpose of performing official duties, if those firearms
are mounted in or on
a military weapons system.
(2) Only
the head of an Official Institution, or someone delegated in writing by him or
her, may issue a permit to an employee of that
Official Institution to possess
and use a firearm under its control.
(3) A
permit issued in terms of this Chapter must contain such information as may be
prescribed.
(4) The
head of an Official Institution may impose conditions on the possession and use
of the firearms and ammunition under the control
of that Official Institution
and may issue instructions to employees of that Official Institution
prescribing conditions relating
to the acquisition, storage, transport,
carrying, possession, use and disposal of such firearms and ammunition.
[S 98(4) substituted
by s 10 of Act 43 of 2003.]
(5) Unless
the permit referred to in subsection (2) indicates otherwise, the employee
must—
(a) when
on duty, carry any handgun under his or her control on his or her person in a
prescribed holster;
(b) at
the end of each period of his or her duty, return the firearm in question to
the place of storage designated for this purpose
by the Official Institution;
and
(c) when
traveling with a firearm, carry the firearm on his or her person or in a secure
place under his or her direct control.
(6)
(a) Despite
subsection (5), the head of an Official Institution may authorise an employee
to—
(i) have
the firearm in his or her possession after his or her working hours;
(ii) carry
the firearm on his or her person outside the premises of his or her workplace;
or
(iii) store
the firearm at his or her place of residence.
(b) Paragraph
(a) does not apply to an Official Institution contemplated in section 95(a)(v)
and (vi), unless the Registrar determines
in writing that it does so apply.
(7) The
holder of a permit contemplated in subsection (2) must carry that permit on his
or her person when he or she is in possession
of a firearm.
(8) The
head of an Official Institution may only issue a permit in terms of subsection
(2) if the employee—
(a) is
a fit and proper person to possess a firearm; and
(b) has
successfully completed the prescribed training and the prescribed test for the
safe use of a firearm.
(9)
(a) The
head of an Official Institution must report the loss or theft of any firearm
immediately to the Registrar and to the nearest
police station.
(b) For
the purposes of this subsection “nearest police station” means the police
station nearest to the place where the loss or
theft occurred.
(10) An
Official Institution may only dispose of or destroy a firearm under its control
in the prescribed manner.
[S 98 commencement:
1 July 2004.]
99. Register to be kept by
Official Institution
(1) The
head of an Official Institution must keep a register in the prescribed form.
(2) The
register must contain such particulars as may be prescribed, including—
(a)
(i) in
the case of the South African National Defence Force, the particulars of every
firearm of a calibre of less than 20 millimetres;
or
(ii) in
the case of all other Official Institutions, the particulars of every firearm
under its control;
(b) the
particulars of every employee who, in terms of this Chapter, is allowed to be
in possession of a firearm, and the particulars
of each such firearm;
(c) the
conditions specified in every permit issued in terms of this Chapter;
(d) particulars
regarding the disposal, transfer, loss, theft or destruction of firearms
contemplated in paragraph (a); and
(e) if
a firearm is lost or stolen, particulars regarding the report of the loss or
theft to the South African Police Service.
(3) All
firearms under the control of an Official Institution must bear such
identification marks as may be prescribed.
[S 99 commencement:
1 July 2004.]
100. Establishment of central
Official Institution firearms databases
The Registrar must establish and maintain such central
Official Institution firearms databases as may be prescribed.
[S 100 commencement:
1 July 2004.]
101. Official Institution’s
workstation
The head of an Official Institution must—
(a) establish
and maintain a workstation at a place which complies with such requirements as
may be prescribed; and
(b) provide
the Registrar with access to the workstation and to the register referred to in
section 99.
[S 101 commencement:
1 July 2004.]
CHAPTER 12
DECLARATION OF PERSONS AS UNFIT TO
POSSESS FIREARM
102. Declaration by Registrar of
person as unfit to possess firearm
|
Uncommenced amendment 102. Declaration
by Registrar of person as unfit to possess firearm or muzzle loading firearm [S 102
heading substituted by s 30(a) of Act 28 of 2006 with effect from date to be
proclaimed.] |
(1) The
Registrar may declare a person unfit to possess a firearm if, on the grounds of
information contained in a statement under oath
or affirmation including a
statement made by any person called as a witness, it appears that—
|
Uncommenced amendment (1) The Registrar may declare a person unfit
to possess a firearm or muzzle loading firearm if, on the grounds of
information contained
in a statement under oath or affirmation including a
statement made by any person called as a witness, it appears that— [S 102(1),
words preceding (a), substituted by s 30(b) of Act 28 of 2006 with effect
from date to be proclaimed.] |
(a) a
final protection order has been issued against such person in terms of the
Domestic Violence Act, 1998 (Act 116 of 1998);
(aA) a final protection order has been issued
against such person in terms of the Protection from Harassment Act, 2011;
[S 102(1)(aA) inserted by s 21 of Act 17 of 2011.]
(b) that
person has expressed the intention to kill or injure himself or herself or any
other person by means of a firearm or any other
dangerous weapon;
|
Uncommenced amendment (b) that person has expressed the intention
to kill or injure himself or herself or any other person by means of a
firearm, muzzle
loading firearm or any other dangerous weapon; [S 102(1)(b)
substituted by s 30(c) of Act 28 of 2006 with effect from date to be
proclaimed.] |
(c) because
of that person’s mental condition, inclination to violence or dependence on any
substance which has an intoxicating or
narcotic effect, the possession of a
firearm by that person is not in the interests of that person or of any other
person;
|
Uncommenced amendment (c) because of that person’s mental
condition, inclination to violence or dependence on any substance which has
an intoxicating
or narcotic effect, the possession of a firearm or muzzle
loading firearm by that person is not in the interests of that person
or of
any other person; [S 102(1)(c)
substituted by s 30(c) of Act 28 of 2006 with effect from date to be
proclaimed.] |
(d) that
person has failed to take the prescribed steps for the safekeeping of any
firearm; or
|
Uncommenced amendment (d) that person has failed to take the
prescribed steps for the safekeeping of any firearm; [S 102(1)(d)
amended by s 30(d) of Act 28 of 2006 with effect from date to be proclaimed.] |
(e) that
person has provided information required in terms of this Act which is false or
misleading.
|
Uncommenced amendment (e) that person has provided information
required in terms of this Act which is false or misleading; or [S 102(1)(e)
amended by s 30(d) of Act 28 of 2006 with effect from date to be proclaimed.] (f) that person has
paid an admission of guilt fine contemplated in section 103(6) in respect of
an offence contemplated in section
103(1) or 103(2)(a). [S 102(1)(f)
added by s 30(d) of Act 28 of 2006 with effect from date to be proclaimed.] |
(2) A
declaration under subsection (1) may only be issued if the Registrar—
(a) by
notice in writing delivered by hand to the person, has called upon the person
to appear before the Registrar at a time and place
determined therein in order
to advance reasons as to why that person should not be declared unfit to
possess a firearm;
|
Uncommenced amendment (a) by notice in writing delivered by hand to
the person, has called upon the person to appear before the Registrar at a
time and
place determined therein in order to advance reasons as to why that
person should not be declared unfit to possess a firearm or
muzzle loading
firearm; [S 102(2)(a)
substituted by s 30(e) of Act 28 of 2006 with effect from date to be
proclaimed.] |
(b) has
given that person a reasonable opportunity to advance reasons as to why the
declaration should not be issued;
(c) has
duly considered the matter;
|
Uncommenced amendment (c) has duly considered the matter having
regard to— (i) any reasons, submissions and evidence
advanced under oath or affirmation by or on behalf of that person; or (ii) any other information contained in a
statement under oath or affirmation or evidence at his or her disposal; [S 102(2)(c)
substituted by s 30(f) of Act 28 of 2006 with effect from date to be
proclaimed.] |
(d) is
satisfied that the person is unfit as contemplated in subsection (1); and
(e) does
not rely solely on the same facts relating to a conviction in respect of which
a court has made a determination in terms of
section 103(1) or (2) that the
person is not unfit to possess a firearm.
|
Uncommenced amendment (e) does not rely solely on the same facts
relating to a conviction in respect of which a court has made a determination
in terms
of section 103(1) or (2) that the person is not unfit to possess a
firearm or muzzle loading firearm. [S 102(2)(e)
substituted by s 30(g) of Act 28 of 2006 with effect from date to be
proclaimed.] (2A) Upon proof that the notice contemplated in
subsection (2)(a) was duly delivered or tendered to the person to whom it was
addressed,
the Registrar may proceed with an inquiry at the time specified in
that notice, whether or not the person concerned complies with
the notice. [S 102(2A)
inserted by s 30(h) of Act 28 of 2006 with effect from date to be proclaimed.] |
(3) Any
person appearing in pursuance of a notice issued in terms of subsection (2)(a)
is entitled to—
(a) be
represented by a legal representative;
(b) request
the Registrar to call, in the manner referred to in subsection (2)(a), any
person who made a statement referred to in subsection
(1), to appear before the
Registrar; and
(c) examine
the person who has been called in terms of subsection (1) or paragraph (b) to
appear, or to cause him or her to be so examined
by such legal representative.
(4)
(a) Section
183 of the Criminal Procedure Act, 1977 (Act 51 of 1977), applies with the
necessary changes to any person called to appear
before the Registrar in terms
of subsection (2)(a), including any witness.
(b) For
purposes of paragraph (a) the expression “to a fine not exceeding R300 or to
imprisonment for a period not exceeding three
months” where it occurs in
section 183(2) of the Criminal Procedure Act, 1977 (Act 51 of 1977), must be
construed to read as
follows—
“to a fine or to imprisonment for a
period not exceeding 12 months”.
(c) Section
181 of the Criminal Procedure Act, 1977 (Act 51 of 1977), applies with the
necessary changes in respect of any witness whose
appearance has been requested
as contemplated in subsection (3)(b).
[S 102 commencement:
1 July 2004.]
103. Declaration by court of
person to be unfit to possess firearm
|
Uncommenced amendment 103. Declaration
by court of person to be unfit to possess firearm or muzzle loading firearm [S 103
heading substituted by s 31(a) of Act 28 of 2006 with effect from date to be
proclaimed.] |
(1) Unless
the court determines otherwise, a person becomes unfit to possess a firearm if
convicted of—
|
Uncommenced amendment (1) Unless the court determines otherwise, a
person becomes unfit to possess a firearm or muzzle loading firearm if
convicted of— [S 101(1),
words preceding (a), substituted by s 31(b) of Act 28 of 2006 with effect
from date to be proclaimed.] |
(a) the
unlawful possession of a firearm or ammunition;
|
Uncommenced amendment (a) the unlawful possession of a firearm or
ammunition or muzzle loading firearm; [S 103(1)(a)
substituted by s 31(c) of Act 28 of 2006 with effect from date to be
proclaimed.] |
(b) any
crime or offence involving the unlawful use or handling of a firearm, whether
the firearm was used or handled by that person
or by another participant in
that offence;
|
Uncommenced amendment (b) any crime or offence involving the
unlawful use or handling of a firearm or muzzle loading firearm, whether the
firearm or muzzle
loading firearm was used or handled by that person or by
another participant in that offence; [S 103(1)(b)
substituted by s 31(c) of Act 28 of 2006 with effect from date to be
proclaimed.] |
(c) an
offence regarding the failure to store firearms or ammunition in accordance
with the requirements of this Act;
(d) an
offence involving the negligent handling or loss of a firearm while the firearm
was in his or her possession or under his or
her direct control;
(e) an
offence involving the handling of a firearm while under the influence of any
substance which has an intoxicating or narcotic
effect;
|
Uncommenced amendment (e) an offence involving the handling of a
firearm or muzzle loading firearm while under the influence of any substance
which has
an intoxicating or narcotic effect; [S 103(1)(e)
substituted by s 31(d) of Act 28 of 2006 with effect from date to be
proclaimed.] |
(f) any
other crime or offence in the commission of which a firearm was used, whether
the firearm was used or handled by that person
or by another participant in the
offence;
|
Uncommenced amendment (f) any other crime or offence in the
commission of which a firearm or muzzle loading firearm was used, whether the firearm or
muzzle loading firearm was
used or handled by that person or by another participant in the offence; [S 103(1)(f)
substituted by s 31(d) of Act 28 of 2006 with effect from date to be
proclaimed.] |
(g) any
offence involving violence, sexual abuse or dishonesty, for which the accused
is sentenced to a period of imprisonment without
the option of a fine;
(h) any
other offence under or in terms of this Act in respect of which the accused is
sentenced to a period of imprisonment without
the option of a fine;
(i) any
offence involving physical or sexual abuse occurring in a domestic relationship
as defined in section 1 of the Domestic Violence
Act, 1998 (Act 116 of 1998);
(j) any
offence involving the abuse of alcohol or drugs;
(k) any
offence involving dealing in drugs;
(l) any
offence in terms of the Domestic Violence Act, 1998 (Act 116 of 1998) in
respect of which the accused is sentenced to a period
of imprisonment without
the option of a fine;
(m) any
offence in terms of the Explosives Act, 1956 (Act 26 of 1956), in respect of
which the accused is sentenced to a period of imprisonment
without the option
of a fine;
(n) any
offence involving sabotage, terrorism, public violence, arson, intimidation,
rape, kidnapping, or child stealing; or
(o) any
conspiracy, incitement or attempt to commit an offence referred to above.
(2)
(a) A
court which convicts a person of a crime or offence referred to in Schedule 2
and which is not a crime or offence contemplated
in subsection (1), must
enquire and determine whether that person is unfit to possess a firearm.
(b) If
a court, acting in terms of paragraph (a), determines that a person is unfit to
possess a firearm, it must make a declaration
to that effect.
(3) A
court which has convicted a person of a crime or an offence contemplated in
subsection (1), has made a determination contemplated
in that subsection or has
made a declaration in terms of subsection (2) must notify the Registrar in
writing of that conviction,
determination or declaration.
(4) Unless
a determination that a person is not unfit to possess a firearm has been made
in terms of subsection (1), a notice contemplated
in subsection (3) must be
accompanied by a court order for the immediate search for and seizure of—
(a) all
competency certificates, licences, authorisations and permits issued to the
relevant person in terms of this Act;
(b) all
firearms in his or her possession; and
(c) all
ammunition in his or her possession.
(5) A
firearm and any other item seized in terms of subsection (4) must be kept by
the South African Police Service or, if appropriate,
by the Military Police,
until an appeal against the conviction or sentence has been finalised or the
time for an appeal has elapsed.
[S 103 commencement:
1 July 2004.]
|
Uncommenced amendment (6) This section does not apply in respect of
the payment of an admission of guilt fine in terms of section 57 of the Criminal
Procedure
Act, 1977 (Act No. 51 of 1977). [S 103(6)
added by s 31(e) of Act 28 of 2006 with effect from date to be proclaimed.] (7) When a person becomes or is declared
unfit to possess a firearm or muzzle loading firearm in terms of this
section, the court
dealing with the case must determine the duration of
unfitness, which duration must depend on the seriousness of the conduct which
gave rise to the unfitness and which may not be less than 10 years calculated
from the date of conviction. [S 103(7)
added by s 31(e) of Act 28 of 2006 with effect from date to be proclaimed.] |
104. Effect of declaration of
unfitness
[S 104 heading substituted
by s 11 of Act 43 of 2003.]
(1)
(a) All
competency certificates, licences, authorisations and permits issued in terms
of this Act to any person who becomes or is declared
unfit to possess a firearm
in terms of section 102 or 103, cease to be valid from the date of the
conviction, or the declaration,
as the case may be.
(b) Despite
the noting of an appeal against the decision of a court or of the Registrar,
the status of unfitness contemplated in paragraph
(a) remains in effect pending
the finalisation of the appeal.
(2) A
person who becomes or is declared unfit to possess a firearm in terms of
section 102 or 103 must within 24 hours surrender to
the nearest police
station—
|
Uncommenced amendment (2) A person who becomes or is declared unfit
to possess a firearm or muzzle loading firearm in terms of section 102 or 103 must
within 24 hours surrender to the nearest police station— [S 104(2),
words preceding (a), substituted by s 32(a) of Act 28 of 2006 with effect
from date to be proclaimed.] |
(a) all
competency certificates, licences, authorisations and permits issued to him or
her in terms of this Act;
(b) all
firearms in his or her possession; and
|
Uncommenced amendment (b) all firearms or muzzle
loading firearms in his
or her possession; and [S 104(2)(b),
substituted by s 32(b) of Act 28 of 2006 with effect from date to be
proclaimed.] |
(c) all
ammunition in his or her possession.
(3)
(a) A
person who has surrendered his or her firearm as contemplated in subsection (2)
must dispose of the firearm and ammunition through
a dealer or in such manner
as the Registrar may determine—
(i) if
an appeal is lodged and that appeal is unsuccessful, within 60 days of the
finalisation of the appeal; or
(ii) if
no appeal is lodged, within 60 days of the receipt of a written notice from the
Registrar informing the person of his or her
unfitness to possess a firearm.
(b) If
the firearm and ammunition are not disposed of within 60 days, they must be
forfeited to the State and destroyed or disposed
of as prescribed.
(c) The
period of 60 days referred to in this subsection may be extended by the
Registrar on good cause shown.
(d) For
purposes of subsection (3)(a), the Registrar must release the firearm and
ammunition in question to a dealer identified by the
relevant person, for
disposal by that dealer on behalf of the person.
|
Uncommenced amendment (3) (a) A person who has surrendered his or her
firearm or muzzle loading firearm as contemplated in subsection (2) must
dispose of
the firearm and ammunition or muzzle loading firearm through a
dealer or in such manner as the Registrar may determine— (i) if an appeal is lodged and that appeal
is unsuccessful, within 60 days of the finalisation of the appeal; or (ii) if no appeal is lodged, within 60 days
of the receipt of a written notice from the Registrar informing the person of
his or
her unfitness to possess a firearm or muzzle loading firearm. (b) If the firearm and ammunition or muzzle
loading firearm are not disposed of within 60 days. they must be forfeited to
the State
and destroyed or disposed of as prescribed. (c) The period of 60 days referred to in
this subsection may be extended by the Registrar on good cause shown. (d) For the purposes of [subsection (3)(a)]
paragraph (a), the Registrar must release the firearm and ammunition or
muzzle loading
firearm in question to a dealer identified by the relevant
person, for disposal by that dealer on behalf of the person. [S 104(3)
substituted by s 32(c) of Act 28 of 2006 with effect from date to be
proclaimed.] |
(4)
(a) The
holder of an additional licence referred to in section 12(1) may, if the holder
of the licence becomes or is declared unfit
to possess a firearm, apply to the
Registrar for the issue of a new licence in his or her name.
(b) If
the holder of an additional licence does not make an application referred to in
paragraph (a) within 30 days of the—
(i) date
on which the time for an appeal elapses; or
(ii) finalisation
of the appeal if it does not affect the status of unfitness,
the additional firearm licence lapses.
(5) If
the decision leading to the status of unfitness to possess a firearm of any
person is set aside, any seized or surrendered firearm,
ammunition, licence,
permit or authorisation belonging to any such person, must be returned.
|
Uncommenced amendment (5) If the decision leading to the status of
unfitness to possess a firearm or muzzle loading firearm of any person is set aside, any
seized or surrendered firearm, ammunition, or muzzle
loading firearm, licence,
permit or authorisation belonging to any such person, must be returned. [S 104(5)
substituted by s 32(d) of Act 28 of 2006 with effect from date to be
proclaimed.] |
(6) Subject
to section 9(3)(b) and after a period of five years calculated from the date of
the decision leading to the status of unfitness
to possess a firearm, the
person who has become or been declared unfit to possess a firearm may apply for
a new competency certificate,
licence, authorisation or permit in accordance
with the provisions of this Act.
[S 104 commencement:
1 July 2004.]
|
Uncommenced amendment (6) Subject to section 9(3)(b) and after a
period of five years calculated from the date of the decision leading to the
status of
unfitness to possess a firearm or
muzzle loading firearm,
the person who has become or been declared unfit to possess a firearm or
muzzle loading firearm
may apply for a new competency certificate, licence, authorisation or permit
in accordance with the provisions of this Act. [S 104(6)
substituted by s 32(d) of Act 28 of 2006 with effect from date to be
proclaimed.] |
105. Proof of declaration of
unfitness
[S 105 heading substituted
by s 12 of Act 43 of 2003.]
A certificate purporting to have been
signed by the Registrar or by the registrar of a High Court, the clerk of a
magistrates’
court or the clerk of a military court, stating that the person
mentioned in the certificate has become or been declared unfit to
possess a
firearm, or has been convicted of a specific offence or crime, is upon
production thereof by any person, prima
facie evidence of the facts stated in that certificate.
[S 105 commencement:
1 July 2004.]
CHAPTER 13
INSPECTIONS
106. Production of licences and
firearms for inspection
(1) Subject
to section 107, any holder of a licence, permit or authorisation issued in
terms of this Act must—
(a) produce
the licence, permit or authorisation for inspection within seven days of being
required to do so by any police official
or by any person authorised by the
Registrar;
(b) maintain
the licence, permit or authorisation in such a state that it can be produced in
an undefaced and legible condition; and
(c) produce
the firearm in respect of which the licence, permit or authorisation is issued
within seven days of being required to do
so by any police official or by any
person authorised by the Registrar.
(2) A
police official or an authorised person, when exercising a power in terms of
subsection (1) must—
(a) identify
himself or herself to the person referred to in subsection (1); and
(b) produce
his or her appointment certificate or authorisation.
[S 106 commencement:
1 July 2004.]
107. Duty to comply with request
of police official or authorised person
(1) Any
person who carries with him or her a firearm must at the request of a police
official or any person authorised by the Registrar
produce the licence, permit
or authorisation, as the case may be, in respect of such firearm for
inspection.
(2) A
person referred to in subsection (1) must—
(a) at
the request and to the satisfaction of a police official or any person
authorised by the Registrar, identify himself or herself
forthwith; and
(b) at
the request of a police official or any person authorised by the Registrar,
produce such firearm for inspection.
(3) If
a person fails to comply with subsection (1) or (2), the police official or
authorised person may seize the firearm without a
warrant and keep the firearm
in custody until the licence, permit or authorisation is produced or the
firearm is disposed of in
terms of this Act.
(4) A
police official or an authorised person, when exercising a power in terms of
subsection (1) or (2) must—
(a) identify
himself or herself to the person referred to in subsection (1); and
(b) produce
his or her appointment certificate or authorisation.
[S 107 commencement:
1 July 2004.]
108. Request for information
(1) A
police official or any person authorised by the Registrar who has reasonable
grounds to believe that a person has or recently
had a firearm or ammunition in
his or her possession, may request that person to—
(a) state
his or her full name, age, residential and employment address;
(b) produce
his or her licence, permit or authorisation for the possession of the firearm;
(c) answer
questions relating to the whereabouts of the firearm; and
(d) furnish
any other information reasonably required by the police official or authorised
person.
(2) A
police official or an authorised person, when exercising a power in terms of
subsection (1) must—
(a) identify
himself or herself to the person referred to in subsection (1); and
(b) produce
his or her appointment certificate or authorisation.
[S 108 commencement:
1 July 2004.]
109. Inspection of premises
(1) A
police official or any person authorised by the Registrar may enter any—
(a) place
of business of a dealer;
(b) firearm
or ammunition factory or place of business of a manufacturer of firearms and
ammunition;
(c) place
of business of a gunsmith;
(d) place
of business of the holder of an import or export permit;
(e) place
of business, including any vehicle, vessel or aircraft, of an authorised
transporter of firearms and ammunition;
(f) office
or premises of an Official Institution which may issue a permit to its
employees to possess and use firearms; or
(g) place
of business, including any vehicle, vessel or aircraft, of the holder of a
licence in respect of firearms used for business
purposes referred to in
section 20,
and conduct such inspection as may be
necessary in order to determine whether the requirements and conditions of this
Act or of
any competency certificate, licence, permit or authorisation issued
in terms of this Act are being complied with.
(2) The
Registrar must comply with such security arrangements as may be agreed upon
with the head of the Official Institution in question.
[S 109 commencement:
1 July 2004.]
CHAPTER 14
SEARCH AND SEIZURE
110. Chapter 2 of Criminal
Procedure Act, 1977, to apply
(1) Chapter
2 of the Criminal Procedure Act, 1977 (Act 51 of 1977), applies with the
necessary changes to the entry of premises, search
for and seizure of any
firearm, imitation firearm, airgun, device or ammunition referred to in this
Act.
|
Uncommenced amendment (1) Chapter 2 of the Criminal Procedure Act,
1977 (Act 51 of 1977), applies with the necessary changes to the entry of
premises,
search for and seizure of any firearm, muzzle
loading firearm, imitation
firearm, airgun, device or ammunition referred to in this Act. [S 110(1)
substituted by s 33 of Act 28 of 2006 with effect from date to be proclaimed.] |
(2) In
the application of Chapter 2 of the Criminal Procedure Act, 1977 (Act 51 of
1977), as contemplated in subsection (1), section
20 of the said Act must be
construed as if the following paragraph had been added to it—
“(d) which
is a firearm or ammunition as defined in section 1 of the Firearms Control Act,
2000, and is on reasonable grounds believed
to be in the possession or under
the control of a person, who by reason of any physical or mental condition, is
incapable of having
proper control of any firearm or ammunition or who by such
reason presents a danger of harm to himself or herself or to any other
person.”.
|
Uncommenced amendment (2) In the application of Chapter 2 of the
Criminal Procedure Act, 1977 (Act 51 of 1977), as contemplated in subsection
(1), section
20 of the said Act must be construed as if the following
paragraph had been added to it— “(d) which is a firearm, muzzle
loading firearm or
ammunition as defined in section 1 of the Firearms Control Act, 2000, and is
on reasonable grounds believed to be in the
possession or under the control
of a person, who by reason of any physical or mental condition, is incapable
of having proper
control of any firearm, muzzle
loading firearm or
ammunition or who by such reason presents a danger of harm to himself or
herself or to any other person.”. [S 110(2)
substituted by s 33 of Act 28 of 2006 with effect from date to be proclaimed.] |
(3) Despite
sections 30 and 31 of the Criminal Procedure Act, 1977 (Act 51 of 1977), any
article referred to in subsection (1) which
is lawfully seized by the State,
may be dealt with or disposed of in accordance with the provisions of this Act.
(4) This
Chapter does not derogate from any power conferred by any other law to enter
any premises or search any person, container or
premises or to arrest any
person or to seize any matter, to declare any matter forfeited or to dispose of
any matter.
[S 110 commencement:
1 July 2004.]
111. Search and seizure in course
of policing operations in terms of South African Police Service Act, 1995
(1) Despite
anything to the contrary in this Chapter, any police official or person
authorised as such by the National Commissioner
or any provincial commissioner
of the South African Police Service, may, in the course of official policing
operations contemplated
in section 13(6), (7) or (8) of the South African
Police Service Act, 1995 (Act 68 of 1995), search any premises, vehicle, vessel
or aircraft and seize any firearm, imitation firearm, airgun, device or
ammunition—
|
Uncommenced amendment (1) Despite anything to the contrary in this
Chapter, any police official or person authorised as such by the National
Commissioner
or any provincial commissioner of the South African Police
Service, may, in the course of official policing operations contemplated
in
section 13(6), (7) or (8) of the South African Police Service Act, 1995 (Act
No. 68 of 1995), search any person, premises,
container, vehicle, vessel or
aircraft and seize any firearm, or muzzle loading firearm, imitation firearm, airgun, device or
ammunition— [S 111(1),
words preceding (a), substituted by s 34 of Act 28 of 2006 with effect from
date to be proclaimed.] |
(a) which
is reasonably suspected to be held in contravention of this Act; or
(b) for
the purposes of determining whether or not the provisions of this Act have been
complied with in respect of such article.
(2) Section
13 of the South African Police Service Act, 1995 (Act 68 of 1995), applies with
the necessary changes to any search or seizure
contemplated in subsection (1).
[S 111 commencement:
1 July 2004.]
112. Exercise of powers set out
in section 37 of Criminal Procedure Act, 1977
Any police official or other person authorised as such in
writing by the Registrar may exercise the powers of a police official set
out
in section 37 of the Criminal Procedure Act, 1977 (Act 51 of 1977), in respect
of—
(a) any
occupant of a vehicle, vessel or aircraft or premises in which any article
referred to in section 110(1) is present and in respect
of which there is a
reasonable suspicion that any of the provisions of this Act may have been
contravened by that occupant; and
(b) the
owner or person in control of any vehicle, vessel or aircraft or premises in
which any article referred to in section 110(1)
is present and in respect of
which there is a reasonable suspicion that any of the provisions of this Act
may have been contravened.
[S 112 commencement:
1 July 2004.]
113. Fingerprint, body-prints and
bodily samples for investigation purposes
(1) …
[S 113(1) repealed
by s 8 of Act 37 of 2013.]
(2) …
[S 113(2) repealed
by s 8 of Act 37 of 2013.]
(3) …
[S 113(3) repealed
by s 8 of Act 37 of 2013.]
(4) A
police official may do such tests, or cause such tests to be done, as may be
necessary to determine whether a person suspected
of having handled or
discharged a firearm has indeed handled or discharged a firearm.
|
Uncommenced amendment (4) A police official may do such tests, or
cause such tests to be done, as may be necessary to determine whether a
person suspected
of having handled or discharged a firearm or
muzzle loading firearm
has indeed handled or discharged a firearm or muzzle
loading firearm. [S 113(4)
substituted by s 35 of Act 28 of 2006 with effect from date to be proclaimed.] |
(5) …
[S 113(5) repealed
by s 8 of Act 37 of 2013.]
[S 113 substituted
by s 8 of Act 6 of 2010.]
114. Ballistic testing
(1) Any
police official may seize, test-fire and examine such number of firearms as are
necessary or such ammunition as is necessary,
if—
(a) there
are reasonable grounds to suspect that one or more of the firearms or the
ammunition has been used in the commission of an
offence which is punishable in
terms of this Act with imprisonment for a period of five years or longer; and
(b) there
are reasonable grounds to believe that one or more of the firearms or the
ammunition or the results of the test-firing and
examination, will be of value
in the investigation by excluding or including—
(i) one
or more of those firearms or the ammunition as having been used in the
commission of the offence; or
(ii) one
or more persons as possible perpetrators of the offence.
(2) The
person who has control over a firearm or ammunition seized in terms of this
section must immediately return it or otherwise
dispose of it in terms of this
Act when it is clear that it will not be of value as evidence.
[S 114 commencement:
1 July 2004.]
|
Uncommenced amendment 114. Ballistic
testing (1) Any police official may seize, test-fire
and examine such number of firearms or muzzle loading firearm
as are necessary or
such ammunition as is necessary, if— (a) there are reasonable grounds to suspect
that one or more of the firearms or muzzle loading firearms or the ammunition has been used in
the commission of an offence which is punishable in terms of this Act with
imprisonment
for a period of five years or longer; and (b) there are reasonable grounds to believe
that one or more of the firearms or muzzle loading firearms or the ammunition or the results of
the test-firing and examination, will be of value in the investigation by
excluding or including— (i) one or more of those firearms or
muzzle loading firearms or
the ammunition as having been used in the commission of the offence; or (ii) one or more persons as possible
perpetrators of the offence. (2) The person who has control over a firearm,
muzzle loading firearm or ammunition seized in terms of this section must immediately return
it or otherwise dispose of it in terms of this Act when it
is clear that it
will not be of value as evidence. [S 114
substituted by s 36 of Act 28 of 2006 with effect from date to be proclaimed.] |
115. Inspection, search and
seizure for inquiry or investigation (with special warrant)
(1) For
purposes of any inquiry or investigation relating to the application of this
Act and subject to subsection (4), the Registrar
or any person authorised in
writing by the Registrar may—
(a) at
any reasonable time and without prior notice, enter any business or industrial
premises; or
(b) at
any reasonable time and with reasonable notice, enter any dwelling,
on or in which anything relating to the subject-matter of the inquiry or
investigation is or is suspected to be.
[S 115(1) substituted
by s 13(a) of Act 43 of 2003.]
(2) The
Registrar or person authorised may—
(a) inspect
and search any premises or dwelling contemplated in subsection (1) and make
such enquiries as may be necessary for purposes
of the inquiry or
investigation;
(b) examine
anything found on the premises or dwelling which may have a bearing on the
subject—matter of the inquiry or investigation;
(c) request
information or an explanation regarding such object from the owner or person in
control of those premises or from any person
in whose possession or under whose
control anything referred to in paragraph (b) is found;
(d) make
copies of or extracts from any book or document found on or in the premises or
dwelling which may have a bearing on the subject-matter
of the inquiry or
investigation and request an explanation of such book, document or any entry
therein from any person suspected
of having knowledge thereof; and
(e) against
the issue of a written receipt, seize anything on or in the premises or
dwelling which may have a bearing on the subject-matter
of the inquiry or
investigation.
(3) Any
entry upon, inspection of or search of any premises or dwelling, or questioning
of any person, in terms of this section must
be carried out with strict regard
to decency and order.
(4) Any
power contemplated in subsection (1) may be exercised only—
(a) in
terms of a warrant issued by a judge or magistrate; or
(b) without
warrant by a police official contemplated in paragraph (a) of the definition of
“police official” in section 1 if—
[S 115(4)(b), words
preceding (i), substituted by s 13(b) of Act 43 of 2003.]
(i) there
are reasonable grounds to believe that a warrant would be issued and the delay
in obtaining the warrant would defeat the object
for which the power is
exercised; or
(ii) the
person who is competent to do so consents to the exercise of the power.
(5)
(a) A
warrant may only be issued if it appears from evidence under oath or on
affirmation that there are reasonable grounds to suspect
that anything referred
to in subsection (2) is or may be on the premises or in the dwelling in
question.
(b) The
evidence must contain information regarding the—
(i) nature
of the inquiry or investigation to be conducted;
(ii) reason
for or suspicion which gave rise to the inquiry or investigation;
(iii) need
for search and seizure in terms of this section; and
(iv) premises
on which the warrant is to be executed.
(6) Subject
to subsection (7), sections 21(3) and 27 of the Criminal Procedure Act, 1977
(Act 51 of 1977), apply, with the necessary
changes, to the execution of a
warrant or to a search in terms of this section.
(7) A
warrant contemplated in this section remains in force until—
(a) it
is executed;
(b) it
is cancelled; or
(c) the
expiry of three months from the date of its issue,
whichever may occur first.
[S 115 commencement:
1 July 2003.]
116. Incidental discovery
If, in the course of a lawful search for anything other
than articles referred to in section 110(1), the person executing the search
finds an article referred to in section 110(1), in respect of which a
reasonable suspicion of illegality or illegal possession
exists, such person
may seize such article, and must then deal with it or dispose of it in terms of
this Act.
[S 116 commencement:
1 July 2004.]
CHAPTER 15
PRESUMPTIONS
117. Presumption of possession of
firearm or ammunition
(1) For
purposes of this section “residential premises” does not include a hotel,
hostel, or an apartment building, but includes
a room or suite in a hotel, a
room in a hostel and an apartment in an apartment building.
(2) Whenever
a person is charged in terms of this Act with an offence of which the
possession of a firearm or ammunition is an element,
and the State can show
that despite the taking of reasonable steps it was not able with reasonable
certainty to link the possession
of the firearm or ammunition to any other
person, the following circumstances will, in the absence of evidence to the
contrary
which raises reasonable doubt, be sufficient evidence of possession by
that person of the firearm or ammunition where it is proved
that the firearm or
ammunition was found—
|
Uncommenced amendment (2) Whenever a person is charged in terms of
this Act with an offence of which the possession of a firearm, muzzle
loading firearm or
ammunition is an element, and the State can show that despite the taking of
reasonable steps it was not able with reasonable
certainty to link the
possession of the firearm, muzzle loading firearm or ammunition to any other person,
the following circumstances will, in the absence of evidence to the contrary
which raises
reasonable doubt, be sufficient evidence of possession by that
person of the firearm, muzzle loading firearm or ammunition where it is proved
that the firearm or ammunition or muzzle loading firearm was found— [S 117(2),
words preceding (a), substituted by s 37(a) of Act 28 of 2006 with effect
from date to be proclaimed.] |
(a) on
residential premises and the person was, at the time—
(i) in
control of such premises; or
(ii) over
the age of 16 years and ordinarily resident at such premises;
(b) buried
in or hidden on land used for residential purposes and the person was, at the
time—
[S 117(2)(b), words
preceding (i), substituted by s 14(a) of Act 43 of 2003.]
(i) in
control of such land;
(ii) employed
to work on the land in or on which the firearm or ammunition was found; or
(iii) over
the age of 16 years and ordinarily resident on such land;
(c) on
premises other than residential premises and the person was, at the time—
(i) in
control of such premises;
(ii) ordinarily
employed on the premises;
(iii) present
in the immediate vicinity of the place on the premises where the firearm or
ammunition was found and the circumstances indicate
that the firearm or
ammunition should have been visible to that person; or
|
Uncommenced amendment (iii) present in the immediate vicinity of the
place on the premises where the firearm, muzzle
loading firearm or
ammunition was found and the circumstances indicate that the firearm, muzzle
loading firearm or
ammunition should have been visible to that person; or [S
117(2)(c)(iii) substituted by s 37(b) of Act 28 of 2006 with effect from date
to be proclaimed.] |
(iv) in
control of a locker, cupboard or other container within which the firearm or
ammunition was found;
|
Uncommenced amendment (iv) in control of a locker, cupboard or other
container within which the firearm, muzzle loading firearm or ammunition was found; [S
117(2)(c)(iv) substituted by s 37(b) of Act 28 of 2006 with effect from date
to be proclaimed.] |
(d) in
or on a vehicle and the person was, at the time—
(i) the
driver of the vehicle;
(ii) the
person in charge of the vehicle;
(iii) in
control of all the goods on the vehicle;
(iv) the
consignor of any goods in or among which the firearm or ammunition was found;
|
Uncommenced amendment (iv) the consignor of any goods in or among
which the firearm, muzzle loading firearm or ammunition was found; [S
117(2)(d)(iv) substituted by s 37(c) of Act 28 of 2006 with effect from date
to be proclaimed.] |
(v) the
only person who had access to the firearm or ammunition;
|
Uncommenced amendment (v) the only person who had access to the
firearm, muzzle loading firearm or ammunition; [S
117(2)(d)(v) substituted by s 37(c) of Act 28 of 2006 with effect from date
to be proclaimed.] |
(vi) the
employer of the driver of the vehicle and present on the vehicle; or
(vii) over
the age of 16 years and present on the vehicle;
(e) on
any aircraft other than an aircraft which was used to convey passengers for
gain, and the person was at the time—
(i) present
on the aircraft and in charge of the aircraft; or
(ii) over
the age of 16 years and present on the aircraft;
(f) in
the hold of an aircraft and the person was, at the time, the person in charge
of the goods in the hold;
(g) in
a place on an aircraft or vessel—
(i) to
which no one besides the person had access; or
(ii) where
the circumstances indicate that the firearm or ammunition should have been
visible to no one besides the person;
|
Uncommenced amendment (ii) where the circumstances indicate that
the firearm, muzzle loading firearm or ammunition should have been visible to no one
besides the person; [S
117(2)(g)(ii) substituted by s 37(d) of Act 28 of 2006 with effect from date
to be proclaimed.] |
(h) on
any vessel other than a vessel which was used to convey passengers for gain,
and the person was, at the time—
(i) in
charge of that vessel or that part of the vessel in which the firearm or
ammunition was found;
(ii) ordinarily
employed in the immediate vicinity of the place on the vessel where the firearm
or ammunition was found; or
(iii) over
the age of 16 years and present in that part of the vessel; or
|
Uncommenced amendment (h) on any vessel other than a vessel which
was used to convey passengers for gain, and the person was, at the time— (i) in charge of that vessel or that part of
the vessel in which the firearm, muzzle loading firearm or ammunition was found; (ii) ordinarily employed in the immediate
vicinity of the place on the vessel where the firearm, muzzle
loading firearm or
ammunition was found; or (iii) over the age of 16 years and present in
that part of the vessel; or [S 117(2)(h)
substituted by s 37(e) of Act 28 of 2006 with effect from date to be
proclaimed.] |
(i) in
the cargo of a vessel and the person was, at the time—
(i) in
control of the cargo of the vessel; or
(ii) the
consignor of any goods in or among which the firearm or ammunition was found.
|
Uncommenced amendment (i) in the cargo of a vessel and the person
was, at the time— (i) in control of the cargo of the vessel;
or (ii) the consignor of any goods in or among
which the firearm, muzzle loading firearm or ammunition was found. [S 117(2)(i)
substituted by s 37(e) of Act 28 of 2006 with effect from date to be
proclaimed.] |
(3) In
any criminal proceedings against a person where it is alleged that such person
has injured or killed another person or has damaged
property belonging to
another person, the following circumstances will, in the absence of evidence to
the contrary which raises
a reasonable doubt, be sufficient evidence that such
person participated in the injury, killing or damage, where it is proved that—
(a) the
person was driving, or was a passenger in, a vehicle other than a vehicle
designed or licensed to convey more than 20 passengers;
[S 117(3)(a) substituted
by s 14(b) of Act 43 of 2003.]
(b) a
firearm was discharged from that vehicle while the person was driving or was a
passenger in the vehicle; and
|
Uncommenced amendment (b) a firearm or muzzle
loading firearm was
discharged from that vehicle while the person was driving or was a passenger
in the vehicle; and [S 117(3)(b)
substituted by s 37(f) of Act 28 of 2006 with effect from date to be
proclaimed.] |
(c) as
a result of such discharge, a person was injured or killed, or property was
damaged.
[S 117 commencement:
1 July 2004.]
118. Presumptions relating to
failure to report
(1) Whenever
a person is charged with an offence in terms of this Act of failing to report
the loss, theft or destruction of a firearm
and it is proved that such person
was, at the time, the licensed or authorised possessor of the firearm alleged
to have been lost,
stolen or destroyed, proof that the person has failed to
produce such firearm within seven days of the request by a police official
to
do so, will, in the absence of evidence to the contrary which raises reasonable
doubt, be sufficient evidence that the firearm
has been lost, stolen or
destroyed.
|
Uncommenced amendment (1) Whenever a person is charged with an
offence in terms of this Act of failing to report the loss, theft or
destruction of a firearm,
or dispossession of a firearm, and it is proved
that such person was, at the time, the licensed or authorised possessor of
the firearm alleged to have been lost, stolen or destroyed or dispossessed of,
proof that the person has failed to produce such
firearm within seven days of
the request by a police official to do so, will, in the absence of evidence
to the contrary which
raises reasonable doubt, be sufficient evidence that
the firearm has been lost, stolen, destroyed or dispossessed of. [S 118(1)
substituted by s 38 of Act 28 of 2006 with effect from date to be proclaimed.] |
(2) Whenever
a person is charged with an offence in terms of this Act of failing to furnish
information or particulars on request of
a police official and it is proved
that such person was, at the time, the licensed or authorised possessor of the
firearm alleged
to have been lost, stolen or destroyed, proof that the person
has failed to produce such information or particulars within seven
days of the
request of a police official to do so, will, in the absence of evidence to the
contrary which raises reasonable doubt,
be sufficient evidence that the person
has failed to furnish such information or particulars.
[S 118 commencement:
1 July 2004.]
119. Presumption of failure to
take reasonable steps
Whenever a person is charged in terms of this Act with an
offence of failing to take reasonable steps to ensure that no firearm or
ammunition is brought onto premises, a vehicle, a vessel or an aircraft under
his or her ownership or control in contravention
of this Act, proof that the
firearm or ammunition was brought onto premises, a vehicle, a vessel or an
aircraft under his or her
ownership or control, will, in the absence of
evidence to the contrary which raises reasonable doubt, be sufficient evidence that
he or she failed to take such reasonable steps.
[S 119 commencement:
1 July 2004.]
CHAPTER 16
OFFENCES, PENALTIES AND ADMINISTRATIVE
FINES
120. Offences
(1) A
person is guilty of an offence if he or she contravenes or fails to comply with
any—
(a) provision
of this Act;
[S 120(1)(a) commencement:
1 June 2001.]
(b) condition
of a licence, permit or authorisation issued or granted by or under this Act;
or
(c) provision,
direction or requirement of a notice issued under this Act.
[S 120(1)(c) commencement:
1 June 2001.]
(2)
(a) Any
person who is aware of the existence of a firearm or ammunition that is not in
the lawful possession of any person and fails
to report the location of the
firearm or ammunition to a police official without delay, is guilty of an
offence.
|
Uncommenced amendment (a) Any person who is aware of the existence
of a firearm, muzzle loading firearm or ammunition that is not in the lawful
possession of any person and fails to report the location of the firearm, muzzle
loading firearm or
ammunition to a police official without delay, is guilty of an offence. [S 120(2)(a)
substituted by s 39(a) of Act 28 of 2006 with effect from date to be
proclaimed.] |
(b) A
police official to whom a person has made a report contemplated in paragraph
(a), must immediately provide the person with written
proof that the report has
been made or, in the case of a telephonic or similar report, with the official
reference number of the
report.
(3) It
is an offence to—
(a) cause
bodily injury to any person or cause damage to property of any person by
negligently using a firearm, an antique firearm or
an airgun;
(b) discharge
or otherwise handle a firearm, an antique firearm or an airgun in a manner
likely to injure or endanger the safety or
property of any person or with
reckless disregard for the safety or property of any person; or
(c) have
control of a loaded firearm, an antique firearm or an airgun in circumstances
where it creates a risk to the safety or property
of any person and not to take
reasonable precautions to avoid the danger.
|
Uncommenced amendment (3) It is an offence to— (a) cause bodily injury to any person or
cause damage to property of any person by negligently using a firearm, muzzle
loading firearm or an
airgun; (b) discharge or otherwise handle a firearm,
a muzzle loading firearm or an airgun in a manner likely to injure or endanger the safety or
property of any person or with reckless disregard for the safety
or property
of any person; or (c) have control of a loaded firearm, a muzzle
loading firearm or an
airgun in circumstances where it creates a risk to the safety or property of
any person and not to take reasonable precautions
to avoid the danger. [S 120(3)
substituted by s 39(b) of Act 28 of 2006 with effect from date to be
proclaimed.] |
(4) It
is an offence to handle a firearm, an antique firearm or an airgun while under
the influence of a substance which has an intoxicating
or a narcotic effect.
|
Uncommenced amendment (4) It is an offence to handle a firearm, a muzzle
loading firearm or an
airgun while under the influence of a substance which has an intoxicating or
a narcotic effect. [S 120(4)
substituted by s 39(b) of Act 28 of 2006 with effect from date to be
proclaimed.] |
(5) A
person is guilty of an offence if he or she gives control of a firearm, an
antique firearm or an airgun to a person whom he or
she knows, or ought
reasonably to have known—
|
Uncommenced amendment (5) A person is guilty of an offence if he or
she gives control of a firearm, a muzzle loading firearm or an airgun to a person whom he or
she knows, or ought reasonably to have known— [S 120(5),
words preceding (a), substituted by s 39(c) of Act 28 of 2006 with effect
from date to be proclaimed.] |
(a) to
be mentally ill; or
(b) to
be under the influence of a substance which has an intoxicating or a narcotic
effect.
(6) It
is an offence to point—
(a) any
firearm, an antique firearm or an airgun, whether or not it is loaded or
capable of being discharged, at any other person, without
good reason to do so;
or
(b) anything
which is likely to lead a person to believe that it is a firearm, an antique
firearm or an airgun at any other person,
without good reason to do so.
|
Uncommenced amendment (6) It is an offence to point— (a) any firearm, a muzzle
loading firearm or an
airgun, whether or not it is loaded or capable of being discharged, at any
other person, without good reason to do so;
or (b) anything which is likely to lead a person
to believe that it is a firearm, a muzzle loading firearm or an airgun at any other person,
without good reason to do so. [S 120(6)
substituted by s 39(d) of Act 28 of 2006 with effect from date to be
proclaimed.] |
(7) It
is an offence to discharge a firearm, an antique firearm or an airgun in a
built-up area or any public place, without good reason
to do so.
[S 120(7) substituted
by s 15(a) of Act 43 of 2003.]
|
Uncommenced amendment (7) It is an offence to discharge a firearm,
a muzzle loading firearm or an airgun in a built-up area or any public place, without good
reason to do so. [S 120(7)
substituted by s 39(d) of Act 28 of 2006 with effect from date to be
proclaimed.] |
(8) A
person is guilty of an offence if he or she—
(a) fails
to lock away his or her firearm or a firearm in his or her possession in a
prescribed safe, strong-room or device for the
safe-keeping when such firearm
is not carried on his or her person or is not under his or her direct control;
or
(b) loses
a firearm, or is otherwise dispossessed of a firearm owing to that person’s
failure to—
(i) lock
the firearm away in a prescribed safe, strong-room or device for the
safekeeping of a firearm;
(ii) take
reasonable steps to prevent the loss or theft of the firearm while the firearm
was on his or her person or under his or her
direct control; or
(iii) keep
the keys to such safe, strong-room or device in safe custody.
(9) It
is an offence to—
(a) add
any word, figure or letter to a competency certificate, licence, permit or
authorisation as issued, without the Registrar’s
permission;
(b) alter
or erase any word, figure or letter on or from any competency certificate,
licence, permit or authorisation, without the Registrar’s
permission;
[S 120(9)(b) substituted
by s 15(a) of Act 43 of 2003.]
(c) use
or possess any competency certificate, licence, permit or authorisation—
(i) to
which any words, figures or letters have been unlawfully added;
(ii) from
which any words, figures or letters have been unlawfully erased; or
(iii) on
which any words, figures or letters have been unlawfully altered;
(d) part
with a competency certificate, licence, permit or authorisation in order that
it may be used by any person other than the person
to whom it was issued or
granted;
(e) use
a competency certificate, licence, permit or authorisation issued in the name
of another person to procure possession of a firearm
or ammunition;
|
Uncommenced amendment (e) use a competency certificate, licence,
permit or authorisation issued in the name of another person to procure
possession of
a firearm, muzzle loading firearm or ammunition; [S 120(9)(e)
substituted by s 39(e) of Act 28 of 2006 with effect from date to be
proclaimed.] |
(f) supply
particulars, information or answers in an application for a competency
certificate, licence, permit or authorisation in terms
of this Act, knowing
them to be false, incorrect or misleading or not believing them to be correct;
(g) make
a false entry in a register which is required to be kept in terms of this Act;
or
(h) furnish
false information in any return required to be submitted in terms of this Act.
(10) It
is an offence to—
(a) sell,
supply or in any other manner give possession of a firearm or ammunition to a
person who is not allowed in terms of this Act
to possess that firearm or
ammunition; or
|
Uncommenced amendment (a) sell, supply or in any other manner give
possession of a firearm, muzzle loading firearm or ammunition to a person who is
not allowed in terms of this Act to possess that firearm, muzzle
loading firearm or
ammunition; or [S 120(10)(a)
substituted by s 39(f) of Act 28 of 2006 with effect from date to be
proclaimed.] |
(b) be
in possession of any firearm, airgun, deactivated firearm, muzzle loading
firearm, or imitation firearm, with intent to commit
an offence or to use the
firearm, airgun, deactivated firearm, muzzle loading firearm, or imitation
firearm to resist arrest or
prevent the arrest of another person.
[S 120(10)(b) substituted
by s 6(a) of Act 15 of 2013.]
|
Uncommenced amendment (b) be in possession of any firearm,
imitation firearm, muzzle loading firearm or ammunition, with intent to commit an offence or
to use the firearm, an imitation firearm or muzzle
loading firearm to
resist arrest or prevent the arrest of another person. [S 120(10)(b)
substituted by s 39(f) of Act 28 of 2006 with effect from date to be
proclaimed.] |
(10A) In
determining whether a person intends to use the firearm, airgun, deactivated
firearm, muzzle loading firearm or imitation firearm
to commit an offence, all
relevant factors, including, but not limited to, the following must be taken
into account—
(a) the
place and time where the person is found;
(b) the
behaviour of the person, including the making of any threat or the display of
intimidatory behaviour;
(c) the
manner in which the firearm, airgun, deactivated firearm, muzzle loading
firearm or imitation firearm is carried or displayed;
(d) whether
the possession of the firearm, airgun, deactivated firearm, muzzle loading
firearm or imitation firearm was within the context
of drug dealing, gang
association, organised crime or any other criminal activity; or
(e) any
other relevant factors, including any explanation the person may wish to
provide for his or her possession of the firearm, airgun,
deactivated firearm,
muzzle loading firearm or imitation firearm: Provided that this paragraph shall
not be interpreted as an obligation
on the person to explain his or her
possession of the firearm, airgun, deactivated firearm, muzzle loading firearm
or imitation
firearm.
[S 120(10A) inserted
by s 6(b) of Act 15 of 2013.]
(10B) The
provisions of subsection (10)(b) do not apply to the following activities—
(a) the
pursuit of any lawful employment, duty or activity;
(b) the
participation in any cultural or religious activities, or lawful sport,
recreation, or entertainment; or
(c) the
legitimate collection, display or exhibition of a firearm, airgun, deactivated
firearm, muzzle loading firearm or imitation
firearm.
[S 120(10B) inserted
by s 6(b) of Act 15 of 2013.]
(11) Any
holder of a licence, permit or authorisation to possess a firearm, and any
other person who was in possession of or who had
control of a firearm when it
was lost, stolen or destroyed and who fails to report the loss, theft or
destruction to the police
station nearest to the place where it occurred,
within 24 hours after having become aware of the loss, theft or destruction of
the firearm, is guilty of an offence.
(12) It
is an offence to obstruct or hinder any person in the exercise of any power or
the performance of any duty in terms of this Act.
[S 120 commencement:
1 July 2004, except s 120(1)(a) and (c): 1 June 2001.]
121. Penalties
Any person convicted of a contravention of or a failure
to comply with any section mentioned in Column 1 of Schedule 4, may be
sentenced
to a fine or to imprisonment for a period not exceeding the period
mentioned in Column 2 of that Schedule opposite the number of
that section.
[S 121 commencement:
1 June 2001.]
122. Administrative fines
(1) If
a person is alleged to have committed an offence contemplated in section 120
for which that person may be sentenced to a fine
or imprisonment for a period
not exceeding five years in terms of section 121, the Registrar may cause to be
delivered by hand
to that person (hereinafter referred to as the infringer) an
infringement notice which must contain the particulars contemplated
in
subsection (2).
(2) A
notice referred to in subsection (1) must—
(a) specify
the name and address of the infringer;
(b) specify
the particulars of the alleged offence;
(c) specify
the amount of the administrative fine payable, which—
(i) if
the period contemplated in subsection (1) does not exceed two years, may, in
respect of a first infringement, not exceed R5 000
and, in respect of a second
or subsequent infringement, not exceed R10 000;
(ii) if
the period contemplated in subsection (1) does not exceed three years, may, in
respect of a first infringement, not exceed R15
000 and, in respect of a second
or subsequent infringement, not exceed R30 000;
(iii) if
the period contemplated in subsection (1) does not exceed four years, may, in
respect of a first infringement, not exceed R20
000 and, in respect of a second
or subsequent infringement, not exceed R40 000; or
(iv) if
the period contemplated in subsection (1) does not exceed five years, may, in
respect of a first infringement, not exceed R50
000 and, in respect of a second
or subsequent infringement, not exceed R100 000;
(d) inform
the infringer that, not later than 30 days after the date of service of the
infringement notice, the infringer may—
(i) pay
the administrative fine;
(ii) make
arrangements with the Registrar to pay the administrative fine in instalments;
or
(iii) elect
to be tried in court on a charge of having committed the alleged offence; and
(e) state
that a failure to comply with the requirements of the notice within the time
permitted, will result in the administrative
fine becoming recoverable as
contemplated in subsection (4).
(3) If
an infringer elects to be tried in court on a charge of having committed the
alleged contravention or failure, the Registrar
must hand the matter over to
the prosecuting authority and inform the infringer accordingly.
(4) If
an infringer fails to comply with the requirements of a notice, the Registrar
may file with the clerk or registrar of any competent
court a statement
certified by him or her as correct, setting forth the amount of the
administrative fine payable by the infringer,
and such statement thereupon has
all the effects of a civil judgment lawfully given in that court in favour of
the Registrar for
a liquid debt in the amount specified in the statement.
(5) The
Registrar may not impose an administrative fine contemplated in this section if
the person concerned has been charged with a
criminal offence in respect of the
same set of facts.
(6) No
prosecution may be instituted against a person if the person concerned has paid
an administrative fine in terms of this section
in respect of the same set of
facts.
(7) An
administrative fine imposed in terms of this section does not constitute a
previous conviction as contemplated in Chapter 27
of the Criminal Procedure
Act, 1977 (Act 51 of 1977).
[S 122 commencement:
1 July 2004.]
CHAPTER 17
ORGANISATIONAL STRUCTURES
123. Registrar of Firearms
The National Commissioner is the Registrar of Firearms.
[S 123 commencement:
1 July 2003.]
124. Functions of Registrar
(1) The
Registrar must perform his or her functions in accordance with such directions
as the Minister may issue.
(2) The
Registrar must—
[S 124(2), words
preceding (a), substituted by s 16 of Act 43 of 2003.]
(a) establish
and maintain the Central Firearms Register;
(b) establish
and control the Office of the Central Firearms Register;
(c) recover
the fees payable in terms of this Act;
(d) develop
a training curriculum for competency testing in terms of this Act;
(e) conduct
research into firearms policies;
(f) monitor
the implementation of this Act;
(g) conduct
public education programmes concerning the provisions of this Act and all other
matters relating to the safe possession
and use of firearms; and
(h) designate
police officials as Designated Firearms Officers.
[S 124(2)(h) commencement:
1 July 2003.]
(3) The
Registrar may—
(a) conduct
any investigation or enquiry which he or she deems necessary in order to
exercise his or her powers or carry out his or
her duties in terms of this Act;
and
(b) make
recommendations to the Minister on any matter relating to this Act.
[Commencement
of s 124(3): 1 July 2003.]
[S 124 commencement: 1 July 2004 except s 124(2)(h)
and (3): 1 July 2003.]
125. Central Firearms Register
(1) The
Central Firearms Register must contain—
(a) the
central firearms database;
(b) the
central dealers database;
(c) the
central manufacturers database;
(d) the
central gunsmiths database;
(e) the
central importers and exporters database;
(f) the
central Official Institutions database; and
(g) any
other information required to be kept by the Registrar in terms of this Act.
[S 125(1)(g) commencement:
1 July 2003.]
(2) The
central databases referred to in subsection (1) must contain—
(a) such
information as may be prescribed concerning—
(i) competency
certificates, licences, authorisations and permits, as well as renewals and
cancellations thereof;
(ii) applications
for competency certificates, licences, authorisations and permits and any
renewal applications which have been refused
in terms of this Act;
(iii) transfers
of firearms effected in terms of this Act;
(iv) imports
and exports of firearms and ammunition in terms of this Act;
(v) the
transport of firearms and ammunition in terms of this Act; and
(vi) the
loss, recovery, theft or destruction of firearms;
(b) all
original documentation submitted in support of all applications made in terms
of this Act;
(c) a
record of all licensed dealers, manufacturers, gunsmiths, importers and
exporters, transporters for reward, accredited institutions,
organisations and
all firearms and ammunition in their possession;
(d) a
record of all firearms in the possession of Official Institutions;
(e) a
record of the acquisition, transfer, loss, theft or destruction in respect of
firearms in the possession of Official Institutions;
(f) a
record of all firearms recovered, forfeited to the State or destroyed;
(g) the
fingerprints which have been submitted for purposes of an application in terms
of this Act; and
(h) any
other documentation and information as may be prescribed.
[S 125 commencement:
1 July 2004, except s 125(1)(g): 1 July 2003.]
126. Certificate signed by
Registrar to constitute prima facie
evidence
Any document containing information contemplated in
section 125 and purporting to be a certificate signed by the Registrar is, upon
production in a court by any person, prima
facie evidence of the facts stated therein.
[S 126 commencement:
1 July 2004.]
127. Appointment and functions of
Head of Office of Central Firearms Register
(1) The
Registrar must, with the approval of the Minister, designate a police official
as Head of the Office of the Central Firearms
Register.
(2) The
Head of the Office of the Central Firearms Register—
(a) must
manage the Office of the Central Firearms Register;
(b) must
perform the duties assigned to him or her by the Registrar; and
(c) may
exercise such powers as may be delegated to him or her by the Registrar.
[S 127 commencement:
1 July 2004.]
128. Establishment of Appeal
Board
(1) An
Appeal Board is hereby established.
(2) The
Appeal Board consists of no more than five members who must be appointed by the
Minister and who, when viewed collectively,
must as far as possible be broadly
representative of the population of the Republic.
[S 128 commencement:
1 July 2003.]
129. Conditions of service,
remuneration and allowances of members of Appeal Board
(1) The
period and conditions of office, remuneration and allowances of the members of
the Appeal Board are as prescribed by the Minister
with the approval of the
Minister of Finance.
(2)
(a) The
Minister may at any time withdraw the appointment of a member of the Appeal
Board if there is sufficient reason for doing so.
(b) A
member may resign by notice in writing to the Minister.
[S 129 commencement:
1 July 2003.]
130. Quorum, meetings and procedure of Appeal Board
(1) The
quorum for, the procedure at, and the
holding of meetings of the Appeal Board are as prescribed.
(2) The
Appeal Board may establish such committees consisting of members of the Appeal
Board as may be prescribed to perform the duties
assigned to them by the Appeal
Board and to exercise such powers as may be delegated to them by the Appeal
Board.
[S 130 commencement:
1 July 2003.]
131. Administrative work of
Appeal Board
The administrative work of the Appeal Board must be
performed by such members of the South African Police Service as may be
designated
by the National Commissioner.
[S 131 commencement:
1 July 2003.]
132. Establishment of Ministerial
Committees
(1) The
Minister may establish such committees as may be appropriate to assist him or
her, or any other person appointed in terms of
this Act, in respect of any
matter dealt with in this Act.
(2) The
composition and functions of the committees may be determined by the Minister.
(3) The
conditions of office, remuneration, allowances and other benefits of members of
the committees may be prescribed by the Minister
with the approval of the
Minister of Finance.
[S 132 commencement:
1 July 2004.]
|
Uncommenced amendment 132. Establishment
of Ministerial Consultative Forum The Minister may establish such consultative
forums as may be appropriate to assist him or her in respect of any matter
dealt
with in this Act. (1) ... (2) ... (2) ... [S 132
substituted by s 40 of Act 28 of 2006 with effect from date to be proclaimed.] |
CHAPTER 18
RIGHT OF APPEAL
133. Right of appeal
(1) Any
person—
(a) whose
application for a competency certificate, licence, permit or authorisation in
terms of this Act has been refused;
(b) whose
competency certificate, licence, permit, or authorisation has been cancelled;
(c) whose
licence, permit or authorisation has been issued subject to any condition; or
(d) who
has received a notice of an administrative decision in terms of this Act which
may detrimentally affect his or her rights,
[S 133(1)(d) commencement:
1 July 2003.]
may, in the prescribed manner, appeal to the Appeal
Board.
(2) The
Appeal Board may confirm, vary or reverse any decision against which an appeal
has been lodged in terms of this section.
[S 133(2) commencement:
1 July 2003.]
(3) The
Appeal Board may admit evidence of facts not before the Registrar when he or
she made the decision which is the subject of the
appeal only if—
(a) there
is a reasonable explanation for the failure timeously to inform the Registrar
of the facts; and
(b) the
Registrar has had sufficient opportunity to verify the facts and to present any
evidence to the Appeal Board in this regard.
[S 133(3) commencement:
1 July 2003.]
(4) Subject
to the provisions of this Act, no person is excused from complying with any of
the provisions of this Act on the ground
that an appeal is pending in terms of
this section.
[S 133(4) commencement:
1 July 2003.]
[S 133 commencement:
1 July 2004 except s 133(1)(d), (2), (3) and (4): 1 July 2003.]
|
Uncommenced amendment (5) For the purposes of subsection (3), the
Appeal Board shall where required by a party to an appeal or within its own
discretion
issue a notice calling upon any person to give evidence or produce
any article, book, accounts or record before the Appeal Board,
and such
notice must have the force of a subpoena in a court of law. [S 133(5)
added by s 41 of Act 28 of 2006 with effect from date to be proclaimed.] |
CHAPTER 19
COMPENSATION
134. Circumstances where no
compensation is payable in respect of firearms and ammunition forfeited to
State
No compensation is payable to a person in respect of a
firearm or ammunition forfeited to the State in terms of this Act—
(a) if
the relevant licence, permit or authorisation was cancelled in terms of this
Act because the holder of the licence had contravened
or not complied with a
provision of this Act or a condition specified in that licence, permit or
authorisation; or
(b) if
the holder of the licence, permit or authorisation became or was in terms of
section 102 or 103 declared unfit to possess a firearm.
[S 134 commencement:
1 July 2004.]
135. Circumstances where no
compensation is payable in respect of firearms and ammunition seized by State
(1) No
compensation is payable to a person from whom a firearm or ammunition was
seized by the State if—
(a) no
licence, permit or authorisation had been issued for such firearm or ammunition
to that person in terms of this Act; or
(b) the
firearm or ammunition was for any other reason unlawfully in the possession of
that person.
(2) The
lawful owner of a firearm or ammunition lost or stolen as a result of his or
her negligence is not entitled to claim compensation
if such firearm or
ammunition is subsequently seized by the State from another person.
[S 135 commencement:
1 July 2004.]
|
Uncommenced amendment 135. Circumstances
where no compensation is payable in respect of firearms, muzzle loading firearm and ammunition seized by State (1) No compensation is payable to a person
from whom a firearm, muzzle loading firearm or ammunition was seized by the
State if— (a) no licence, permit or authorisation had
been issued for such firearm or ammunition to that person and in the case of
a muzzle loading firearm, no competency certificate had been issued to
that person in terms of this Act; or (b) the firearm, muzzle
loading firearm or muzzle loading firearm or ammunition was for any other reason unlawfully in
the possession of that person. (2) The lawful owner of a firearm or muzzle
loading firearm or
ammunition lost or stolen as a result of his or her negligence is not
entitled to claim compensation if such firearm, muzzle
loading firearm or
ammunition is subsequently seized by the State from another person. [S 135 substituted
by s 42 of Act 28 of 2006 with effect from date to be proclaimed.] |
136. No compensation payable
where firearms or ammunition are destroyed by State
(1) The
Registrar may in respect of any firearm or ammunition seized by, surrendered to
or forfeited to the State, issue a notice in
the Gazette stating that it is the intention of the State to destroy
that firearm or ammunition.
(2) Any
person who has a valid claim to the relevant firearm or ammunition may, within
21 days after the publication of the notice in
the Gazette, make representations to the Registrar as to why the
firearm or ammunition should not be destroyed.
(3) If
the Registrar is satisfied, after consideration of any representations
contemplated in subsection (2), that a valid claim to
the relevant firearm or
ammunition has not been proved, the firearm or ammunition may be destroyed and
no compensation will be
payable to anyone in respect thereof.
[S 136 commencement:
1 July 2004.]
|
Uncommenced amendment 136. No
compensation payable where firearms, muzzle loading firearms or ammunition are destroyed by State (1) The Registrar may in respect of any
firearm, muzzle loading firearm or ammunition seized by, surrendered to or
forfeited to the State, issue a notice in the Gazette stating that it is the intention of the State to destroy
that firearm, muzzle loading firearm or ammunition. (2) Any person who has a valid claim to the
relevant firearm, muzzle loading firearm or ammunition may, within 21 days
after the publication of the notice in the Gazette, make representations to the Registrar as to why the
firearm, muzzle loading firearm or ammunition should not be destroyed. (3) If the Registrar is satisfied, after
consideration of any representations contemplated in subsection (2), that a
valid claim
to the relevant firearm, muzzle
loading firearm or
ammunition has not been proved, the firearm, muzzle
loading firearm or
ammunition may be destroyed and no compensation will be payable to anyone in
respect thereof. [S 136
substituted by s 43 of Act 28 of 2006 with effect from date to be proclaimed.] |
137. Application for compensation
(1) A
person whose firearm has been surrendered or forfeited to the State in
circumstances other than those referred to in sections
134, 135 and 136 may
apply to the Registrar for compensation in respect of that firearm in the
prescribed form.
|
Uncommenced amendment (1) A person whose firearm muzzle
loading firearm has been
surrendered or forfeited to the State in circumstances other than those
referred to in sections 134, 135 and 136 may
apply to the Registrar for
compensation in respect of that firearm muzzle
loading firearm in the
prescribed form. [S 137(1) substituted by s 44 of
Act 28 of 2006 with effect from date to be proclaimed.] |
(2) On
receipt of an application for compensation made in terms of this section, the
Registrar must—
(a) decide
whether or not compensation is payable in terms of this Chapter;
(b) if
compensation is payable, attempt to agree with the applicant on the amount of
compensation to be paid; and
(c) if
compensation is payable, but no compensation is agreed upon, determine the
amount of compensation to be paid.
(3) An
applicant for compensation may appeal against a decision of the Registrar made
in terms of subsection (2)(c).
(4) On
receipt of an appeal lodged in terms of subsection (3) the Appeal Board must—
(a) hear
the applicant and the Registrar; and
(b) determine
the amount of compensation to be paid.
(5) The
Minister must, with the approval of the Minister of Finance, establish
guidelines for the payment of compensation, taking into
account the—
(a) financial
constraints on the State and its ability to meet actual and anticipated claims
for compensation; and
(b) interests
of persons who have applied or may in the future apply for compensation.
(6) The
guidelines referred to in subsection (5) bind—
(a) the
Registrar when he or she agrees or determines compensation in terms of
subsection (2); and
(b) the
Appeal Board when it determines compensation in terms of subsection (4).
(7) A
person who is not satisfied with the amount of compensation or the time or
manner of payment as determined by the Appeal Board,
may approach a court to
determine the amount, the time and the manner of payment of the compensation.
[S 137 commencement:
1 July 2004.]
CHAPTER 20
SPECIAL POWERS RELATING TO AMNESTIES
AND FIREARM-FREE ZONES
138. Definition
In this Chapter “amnesty” means an indemnity
against prosecution for the unlawful possession of a firearm or ammunition.
[S 138 commencement:
1 July 2004.]
139. Amnesty
(1) The
Minister may, by notice in the Gazette,
declare an amnesty if—
(a) the
amnesty may result in the reduction of the number of illegally possessed
firearms in South Africa; and
(b) it
is in the public interest to do so.
(2) A
notice contemplated in subsection (1)—
(a) will
only be valid if it is approved by Parliament;
(b) must
specify the period during which persons may apply for amnesty; and
(c) must
specify the conditions under which amnesty may be granted.
(3) A
person who surrenders a firearm or ammunition in compliance with a notice
published in terms of subsection (1), may not be prosecuted
in relation to—
(a) the
firearm, for having been in possession of that firearm without the appropriate
licence, permit or authorisation; or
(b) the
ammunition, for having been in possession of that ammunition without having
been in lawful possession of a firearm capable of
discharging the ammunition.
(4)
(a) A
person who surrenders a firearm in compliance with a notice published in terms
of subsection (1) may apply in terms of this Act
for a licence in respect of
that firearm.
(b) If
a licence is granted, the firearm and ammunition, if any, surrendered in terms
of this Act must be returned to the holder of
the licence.
(5) The
Registrar must dispose of any firearm or ammunition surrendered in compliance
with a notice in terms of subsection (1) in such
manner and after the expiry of
such period as may be prescribed.
[S 139 commencement:
1 July 2004.]
140. Firearm-free zones
(1) The
Minister may, after consultation with the National Commissioner and the
Secretary for the Police Service, by notice in the Gazette declare any premises or categories of premises to be
firearm-free zones, if it is—
[S 140(1) amended by s 35 of Act 2 of 2011 with effect from 1
December 2011.]
(a) in
the public interest; and
(b) in
accordance with the objects of this Act.
(2) Unless
authorised to do so in terms of a notice issued under subsection (1), no person
may—
(a) allow
any firearm or ammunition to be in a firearm-free zone;
(b) carry
any firearm or ammunition in a firearm-free zone; or
(c) store
any firearm or ammunition in a firearm-free zone.
|
Uncommenced amendment (2) Unless authorised to do so in terms of a
notice issued under subsection (1), no person may— (a) allow any firearm, muzzle
loading firearm or
ammunition to be in a firearm-free zone; (b) carry any firearm, muzzle
loading firearm or
ammunition in a firearm-free zone; or (c) store any firearm, muzzle
loading firearm or
ammunition in a firearm-free zone. [S 140(2) substituted by s 45 of
Act 28 of 2006 with effect from date to be proclaimed.] |
(3) A
police official may, without warrant—
(a) search
any building or premises in a firearm-free zone if he or she has a suspicion on
reasonable grounds that a firearm or ammunition
may be present in the
firearm-free zone in contravention of a notice issued in terms of subsection
(1);
(b) search
any person present in a firearm-free zone; and
(c) seize
any firearm or ammunition present in the firearm-free zone or on the person in
contravention of a notice issued in terms of
subsection (1).
|
Uncommenced amendment (3) A police official may, without warrant— (a) search any building or premises in a
firearm-free zone if he or she has a suspicion on reasonable grounds that a
firearm, muzzle loading firearm or ammunition may be present in the firearm-free
zone in contravention of a notice issued in terms of subsection (1); (b) search any person present in a
firearm-free zone; and (c) seize any firearm, muzzle
loading firearm or
ammunition present in the firearm-free zone or on the person in contravention
of a notice issued in terms of subsection
(1). [S 140(3) substituted by s 45 of
Act 28 of 2006 with effect from date to be proclaimed.] |
(4) The
Minister may prescribe measures to be taken regarding the demarcation of and
placing of signposts on premises constituting a
firearm-free zone in order to
notify the public that the premises are declared a firearm-free zone.
[S 140(4) inserted
by s 17 of Act 43 of 2003.]
[S 140 commencement: 1 June 2001.]
CHAPTER 21
GENERAL PROVISIONS
141. Delegation of powers and
assignment of duties
(1) The
Registrar may delegate any power conferred on him or her and assign any duty
imposed on him or her by or under this Act to any
official in the service of
the State.
(2) An
official to whom a power has been delegated or a duty has been assigned in
terms of subsection (1) must exercise the power or
perform the duty subject to
the control and directions of the Registrar.
(3) The
Registrar may, notwithstanding a delegation or assignment in terms of
subsection (1), personally exercise the power or perform
the duty delegated or
assigned to another official.
[S 141 commencement:
1 July 2003.]
142. Designation as police
officials
For purposes of this Act, the Minister may in writing
designate any person or any category of persons employed by the State, as
police officials.
[S 142 commencement:
1 July 2004.]
143. Service of documents
(1) Any
notice or other document to be served on or given to any person in terms of
this Act may be—
(a) delivered
by hand to that person;
(b) left
at that person’s usual or last known place of residence or business;
(c) left
at an address specified by that person for the purpose of any application made
in terms of this Act;
(d) posted
by certified mail addressed to that person by name at that person’s last known
place of residence or business or at a postal
address specified by that person
for the purpose of any application made in terms of this Act;
(e) delivered
to any legal representative or other agent of that person who is duly
authorised by that person to receive it;
(f) if
the relevant person is deceased, delivered to that person’s legal
representative or to the executor of his or her estate; or
(g) if
the relevant person is absent from South Africa, delivered to that person’s
legal representative or agent in South Africa or
served in such manner as may
be prescribed by regulation.
(2) This
section does not apply to notices or other documents served or given during the
course of any proceedings in a court of law
or to notices in terms of section
122.
[S 143 commencement:
1 July 2003.]
144. Return of service
A document purporting to be signed by a police official,
or person designated under section 142, indicating that the service was
effected in accordance with section 143(1) by the person who has signed the
document, is upon production in a court by any person,
prima facie evidence of service of the document.
[S 144 commencement:
1 July 2003.]
145. Regulations
(1) The
Minister may, by notice in the Gazette,
make regulations regarding—
(a) anything
that may or must be prescribed in terms of this Act;
[S 145(1)(a) commencement:
1 July 2003.]
(b) the
surrendering of firearms and ammunition to the South African Police Service;
|
Uncommenced amendment (b) the surrendering of firearms, muzzle
loading firearm and
ammunition to the South African Police Service; [S 145(1)(b) substituted by s 46(a)
of Act 28 of 2006 with effect from date to be proclaimed.] |
(c) the
production of any firearm to which any application relates for the purpose of
identification, and the discharging of ammunition
for identification purposes;
|
Uncommenced amendment (c) the production of any firearm or muzzle
loading firearm to
which any application relates for the purpose of identification, and the
discharging of ammunition for identification purposes; [S 145(1)(c) substituted by s
46(a) of Act 28 of 2006 with effect from date to be proclaimed.] |
(d) the
determination and payment of fees payable in respect of the issue or renewal of
any competency certificate, licence, permit
or authorisation or in respect of
anything else for which a fee may be charged in terms of this Act;
(e) the
fees or remuneration which may be charged by dealers in respect of any firearm,
or other device, required to be disposed of
through a dealer in terms of this
Act;
|
Uncommenced amendment (e) the fees or remuneration which may be
charged by dealers in respect of any firearm, muzzle
loading firearm or other
device, required to be disposed of through a dealer in terms of this Act; [S 145(1)(e) substituted by s 46(b)
of Act 28 of 2006 with effect from date to be proclaimed.] |
(f) the
security of any premises at which dealers, manufacturers, gunsmiths, importers
and exporters of firearms and ammunition, Official
Institutions or persons who
use firearms for business purposes conduct business, including precautions and
procedures to be taken
to prevent the theft or unlawful use of firearms and
ammunition in the possession of such persons;
(g) precautions
to be taken in respect of the carriage, use, safe custody or destruction of
firearms and ammunition;
(h) the
surrender and disposal of competency certificates, licences, permits or
authorisations issued in terms of this Act which have
been suspended, revoked
or cancelled or which have ceased to be valid;
(i) the
notification of change of address;
(j) the
acquisition, disposal, possession, import or export of equipment and material
designed for the loading of ammunition;
(k) the
taking of fingerprints;
[S 145(1)(k) commencement:
1 July 2003.]
(l) the
periods for and the manner in which, and by whom, documentation contemplated in
this Act must be retained;
[S 145(1)(l) commencement:
1 July 2003.]
(m) the
training and testing and such other measures as may be necessary to ensure the
competency of employees of an Official Institution
who may possess and use
firearms under the control of the Official Institution; and
(n) generally
with regard to any other matter which it is necessary or expedient to prescribe
in order to achieve or promote the objects
of this Act.
[S 145(1)(n) commencement:
1 July 2003.]
(2) A
regulation may provide for a penalty for any contravention thereof or failure
to comply therewith, of a fine or imprisonment for
a period not exceeding 12
months or both a fine and such imprisonment.
[S 145(2) commencement:
1 July 2003.]
(3) A
regulation regarding the determination of fees may be made only with the
approval of the Minister of Finance.
(4) In
making regulations, other than those relating to the payment of fees, the
Minister may differentiate between different areas
in South Africa.
[S 145 commencement:
1 July 2004 except s 145(1)(a), (k), (l), (n) and (2): 1 July 2003.]
146. Disposal of firearms in case
of ceasing to carry on business
If a person who holds a licence issued in terms of
section 20 or who holds a licence, permit or authorisation contemplated in
Chapter
7 or 8, ceases to carry on business for any reason, the firearms and
ammunition in possession of that person must be kept in safe
custody by the
person and at the place designated by the Registrar, until they are disposed of
as prescribed.
[S 146 commencement:
1 July 2004.]
|
Uncommenced amendment 146. Disposal
of firearms, muzzle
loading firearms and ammunition in case of ceasing to carry on business If a person who holds a licence
issued in terms of section 20 or who holds a licence, permit or authorisation
contemplated in
Chapter 7 or 8, ceases to carry on business for any reason, any
firearms, muzzle loading firearms and ammunition in possession of
that person must be kept in safe custody by the person and at the place
designated by the Registrar,
until they are disposed of as prescribed. [S 146 substituted by s 47 of Act
28 of 2006 with effect from date to be proclaimed.] |
147. Disposal of firearms in case
of death
(1) In
the case of the death of the holder of a firearm licence, the firearm in
question must be disposed of as prescribed.
(2) The
executor of the estate of a deceased person who comes into possession of a
firearm licensed to the deceased must store the firearm
as prescribed.
[S 147 commencement:
1 July 2004.]
|
Uncommenced amendment (2) The executor of the estate of a deceased
person who comes into possession of a firearm licensed to the deceased or muzzle
loading firearm that belonged to the deceased must store the firearm or muzzle
loading firearm as
prescribed. [S 147(2) substituted by s 48 of
Act 28 of 2006 with effect from date to be proclaimed.] |
148. Inherited firearms
(1) A
person who inherits a firearm or muzzle loading firearm must—
(a) if
he or she wishes to keep the firearm, apply for an appropriate licence, permit
or authorisation in terms of this Act;
(b) if
he or she wishes to keep the muzzle loading firearm, obtain the necessary
competency certificate in order to possess the muzzle
loading firearm; or
(c) if
he or she does not wish to acquire the firearm or muzzle loading firearm, or
fails to obtain the appropriate licence, permit
or authorisation or competency
certificate, have the firearm or muzzle loading firearm deactivated or dispose
of it in terms of
this Act.
[S 148(1) substituted
by s 49 of Act 28 of 2006 with effect from 1 March 2012.]
(2) The
Registrar may issue a temporary authorisation contemplated in section 21, to
allow a person who inherits a firearm a reasonable
time to dispose of it.
[S 148 commencement:
1 July 2004.]
149. Compulsory destruction of
firearms, muzzle loading firearms and ammunition
(1) A
firearm or muzzle loading firearm may only be destroyed as prescribed.
(2) Any
firearm, muzzle loading firearm or ammunition forfeited to the State in terms
of this Act—
(a) must
be destroyed by the State within six months of the date of the forfeiture or
after all possible appeals have been concluded
or the last date on which any
appeal could have been noted has passed without an appeal having been noted,
whichever occurs last;
and
(b) remains
the property of the owner thereof until its destruction.
(3)
(a) Despite
subsection (2), the State may retain any firearm, muzzle loading firearm or
ammunition forfeited to the State, which the
Registrar deems to be of special
value.
(b) Any
firearm, muzzle loading firearm or ammunition retained by the Registrar in
terms of paragraph (a) becomes the property of the
State when the Registrar
informs the former owner of the firearm, muzzle loading firearm or ammunition
of that fact.
(c) Subject
to Chapter 19, the former owner of any firearm, muzzle loading firearm or
ammunition which becomes the property of the State
in terms of paragraph (b)
may apply for compensation in terms of this Act.
(4)
(a) Subject
to subsection (1) no person, including the State, may destroy a firearm or
muzzle loading firearm without the prior written
permission of the Registrar.
(b) The
Registrar must only consent to the destruction of a firearm, muzzle loading
firearm or ammunition with due regard to and in
compliance with the provisions
of the National Heritage Resources Act, 1999 (Act 25 of 1999), and any
condition which may be imposed
by the South African Heritage Resources Agency
or their nominated agents.
[S 149 substituted
by s 50 of Act 28 of 2006 with effect from 1 March 2012.]
150. Deactivation of firearms or
muzzle loading firearms
[S 150 heading substituted
by s 51(a) of Act 28 of 2006 with effect from 1 March 2012.]
(1) For
purposes of this section ‘to deactivate’ means to render permanently inoperable
and ‘deactivation’ has a corresponding
meaning.
(2) A
firearm or muzzle loading firearm may only be deactivated by a gunsmith in the
prescribed manner.
[S 150(2) substituted
by s 51(b) of Act 28 of 2006 with effect from 1 March 2012.]
(3) If
a firearm or muzzle loading firearm is deactivated by a gunsmith—
[S 150(3), words
preceding (a), substituted by s 51(c) of Act 28 of 2006 with effect from 1
March 2012.]
(a) the
gunsmith must issue a certificate to that effect indicating the manner in which
the deactivation was performed;
(b) the
holder of the licence in respect of the firearm in question must notify the
Registrar within 14 days after such deactivation,
and at the same time forward
to the Registrar a copy of the deactivation certificate; and
(c) the
gunsmith must notify the Registrar within 14 days after any deactivation done
by him or her, and at the same time forward to
the Registrar a copy of the
deactivation certificate.
(4)
(a) The
Minister may, by notice in the Gazette,
determine that a certificate of deactivation which is valid in a country other
than the Republic is a valid certificate of deactivation
in the Republic.
(b) A
notice contemplated in paragraph (a) must be approved by Parliament before
publication thereof.
[S 150 commencement:
1 July 2004.]
151. Jurisdiction of magistrates’
courts
Despite any law to the contrary, any magistrates’ court
has jurisdiction to impose any penalty provided for in terms of this Act.
[S 151 commencement:
1 July 2003.]
152. Act binds State
This Act binds the State.
[S 152 commencement:
1 July 2003.]
153. Repeal of laws
Subject to Schedule 1, the laws mentioned in the first
column of Schedule 3 are hereby repealed to the extent mentioned in the third
column of Schedule 3.
[S 153 substituted
by s 18 of Act 43 of 2003.]
[S 153 commencement:
1 July 2004.]
154. Short title
This Act is called the Firearms Control Act, 2000, and
comes into effect on a date to be fixed by the President by proclamation in
the
Gazette.
[S 154 commencement:
1 July 2004.]
Schedule 1
TRANSITIONAL PROVISIONS
[Schedule 1
commencement: 1 July 2004.]
[Schedule 1
amended by ss 19 and 20 of Act 43 of 2003, s 52 of Act 28 of 2006 with effect
from 10 January 2011.]
1. Existing licence to
possess an arm
(1) Subject
to subitem (2) and item 11, any licence which was issued in terms of the
previous Act and which was valid immediately before
the date of the
commencement of this Act, remains valid for a period of five years from the
date on which this Act comes into operation,
unless such licence is terminated,
cancelled or surrendered in terms of this Act.
(2)
(a) The
holder of a licence to possess an arm contemplated in subitem (1) must, before
the end of the period contemplated in that subitem,
in a lawful manner dispose
of any firearms in his or her possession in excess of the number that he or she
may lawfully possess
in terms of this Act.
(b) For
the purpose of paragraph (a), section 31(2) does not apply.
(3) Any
firearm not disposed of as contemplated in subitem (2) may be forfeited to the
State and must be disposed of in the prescribed
manner.
1A. Muzzle loading firearms
(1) A
person who possesses a muzzle loading firearm must apply within one year from
the date of commencement of section 52 of the Firearms
Control Amendment Act,
2006, for the relevant competency certificate to possess a muzzle loading
firearm in terms of this Act.
(2) No
prosecution may be instituted during the period referred to in subitem (1)
against any person found in possession of a muzzle
loading firearm without
having been issued with a relevant competency certificate.
(3) The
period referred to in subsection (1) may be extended by the Minister for such
period as the Minister may determine by notice
in the Gazette.
(4) If
the application for a competency certificate has been lodged within the period
provided for in subitem (1), or the extended period
referred to in subitem (3),
the possession of the muzzle loading firearm remains lawful until the
application for a competency
certificate is decided.
[Schedule 1, item
1A inserted by s 52 of Act 28 of 2006 with effect from 10 January 2011.]
2. Existing dealer’s licence
Subject to item 11, any licence issued in terms of
section 19(1) of the previous Act or transferred in terms of section 20 of that
Act or any temporary licence issued in terms of section 19A(1) of the previous
Act, which was valid immediately before the date
of commencement of this Act,
remains valid for one year from that date, unless it is terminated, cancelled
or surrendered in terms
of this Act.
3. Existing permit for
importation or exportation of arms and ammunition
Subject to item 11, any permit issued in terms of section
26(1) or 32(1) of the previous Act, which was valid immediately before
the
commencement of this Act, remains valid for the period specified in that
permit, unless terminated, cancelled or surrendered
in terms of this Act.
4. Existing permit for
manufacture of arms and ammunition
Subject to item 11, any permit issued in terms of section
30 of the previous Act, which was valid immediately before the commencement
of
this Act, remains valid for one year from that date, unless terminated,
cancelled or surrendered in terms of this Act.
4A. Existing registration
certificate to carry on trade of gunsmith
Subject to item 11, any registration certificate to carry on the trade
of gunsmith, issued in terms of regulation 14(4) of the regulations
made under
the previous Act, which was valid immediately before the date of commencement
of this Act, remains valid for one year
from that date, unless terminated,
cancelled or surrendered in terms of this Act.
[Schedule 1, item
4A inserted by s 19 of Act 43 of 2003.]
5. Existing authorisations
and certain existing permits
Subject to item 11, any authorisation issued in terms of
section 3(5) or 33A(1) of the previous Act or any permit issued in terms
of the
previous Act other than a permit contemplated in item 3 or 4, which was valid
immediately before the commencement of this
Act, remains valid for the period
specified in the authorisation or permit, as the case may be, unless
terminated, cancelled or
surrendered in terms of this Act.
6. Person unfit to possess a
firearm
(1) Any
person declared to be unfit to possess an arm in terms of the previous Act must
be regarded as having been declared unfit to
possess a firearm in terms of this
Act.
(2) Despite
items 1, 2, 3, 4 and 5, any person holding a licence contemplated in any of
those items may in terms of this Act become
or be declared unfit to possess a
firearm.
7. Register in terms of
previous Act to be kept by Registrar
(1) The
register kept in terms of section 42 of the previous Act must be maintained by
the Registrar for such period as may be necessary.
(2) A
certificate purporting to be signed by the Commissioner or any person acting
under his or her authority stating any fact recorded
in the register referred
to in subitem (1) is upon production in a court by any person, prima facie evidence of the fact so
stated.
8. Matters pending under
previous Act
(1) Subject
to subitems (2) and (3), this Act does not affect any proceedings instituted in
terms of the previous Act which were pending
in a court of law immediately
before the date of commencement of this Act, and such proceedings must be
disposed of in the court
in question as if this Act had not been passed.
(2) Proceedings
contemplated in subitem (1) must be regarded as having been pending if the
person concerned had pleaded to the charge
in question.
(3) No
proceedings may continue against any person in respect of any contravention of
a provision of the previous Act if the alleged
act or omission constituting the
offence would not have constituted an offence if this Act had been in force at
the time when the
act or omission took place.
(4)
(a) Despite
the repeal of the previous Act, any person who, before such repeal, committed
an act or omission which constituted an offence
under that Act and which
constitutes an offence under this Act, may after this Act takes effect be
prosecuted under the relevant
provisions of this Act.
(b) Despite
the retrospective application of this Act as contemplated in paragraph (a), any
penalty imposed in terms of this Act in
respect of an act or omission which
took place before this Act came into operation may not exceed the maximum
penalty which could
have been imposed on the date when the act or omission took
place.
9. Investigations by
Commissioner under previous Act
(1) An
investigation by the Commissioner in terms of the previous Act which has not
been completed when this Act commences, must be
discontinued.
(2) Any
act or omission committed prior to the coming into operation of this Act, which
constituted grounds for declaring a person unfit
to possess an arm, must be
regarded as constituting grounds for declaring a person unfit to possess a
firearm in terms of this
Act.
10. Consideration of validity
of existing licence, permit and authorisation
(1) Despite
this Schedule, the Registrar may at any time notify any person who holds a
licence, permit or authorisation contemplated
in item 1, 2, 3, 4 or 5 that he
or she intends investigating the validity of that licence, permit or
authorisation.
(2) The
person notified must on a date specified in the notice furnish the Registrar—
(a) with
the original licence, permit or authorisation in question, against the issue of
a receipt; and
(b) with
such additional information as may be required in terms of the notice.
(3) If
the Registrar finds that the licence, permit or authorisation was not validly
issued, the holder of the licence, permit or authorisation
must, if applicable
and against the issue of a receipt, surrender the firearm in question to a
police official at a police station
specified by the Registrar in a written
notice to the holder.
(4) The
firearm must be disposed of as prescribed after the expiration of a period of
six months after the date of surrender or after
all possible appeals have been
concluded or the last date on which any appeal could have been noted has passed
without an appeal
having been noted, whichever occurs last.
(5) The
Registrar may declare the holder referred to in subitem (3) to be unfit to
possess a firearm, in which case the provisions of
Chapter 12 of this Act apply
with the necessary changes.
(6) Any
person who fails to comply with subitem (2) or (3) is guilty of an offence and
is liable on conviction to a fine or to imprisonment
for a period not exceeding
one year or to both a fine and such imprisonment.
11. Renewal of licence
(1)
(a) The
holder of a licence, permit, certificate or authorisation contemplated in item
1, 2, 3, 4, 4A or 5 must apply for the corresponding
licence, permit,
certificate or authorisation in terms of this Act within the period determined
by the Minister by notice in the
Gazette.
(b) Different
periods may be determined in terms of paragraph (a) in respect of—
(i) different
licences, permits, certificates or authorisations; and
(ii) holders
whose surnames start with different letters of the alphabet, or whose dates of
birth fall in different months.
(c) The
period contemplated in paragraph (a) must end before the end of the relevant
period contemplated in item 1(1) and may not exceed
the period contemplated in
item 2, 3, 4, 4A or 5.
(d) If
an application for the renewal of a licence, permit, certificate or
authorisation has been lodged within the period provided
for in this section,
the licence, permit, certificate or authorisation remains valid until the
application is decided.
(2) An
application for a licence, permit, certificate or authorisation contemplated in
subitem (1) must in addition to any requirement
in terms of this Act be
accompanied by—
(a) a
certified copy of the existing licence, permit, certificate or authorisation;
and
(b) such
other information as may be required.
(3) For
purposes of this item, section 9(2)(r) does not apply.
(4) Any
holder of a licence, permit, certificate or authorisation who fails to apply
for the renewal of his or her licence, permit,
certificate or authorisation
before the end of the period determined by the Minister in terms of subitem
(1), is guilty of an offence
and liable on conviction to a fine or to
imprisonment for a period not exceeding one year or to both a fine and such
imprisonment.
[Schedule 1, item
11 substituted by s 20 of Act 43 of 2003.]
Schedule 2
CRIMES AND OFFENCES GIVING RISE TO
UNFITNESS ENQUIRY BY COURT
[Section
103(2)]
[Schedule 2 commencement:
1 July 2004.]
[Schedule 2
amended by s 22 of Act 17 of 2011; s 20 of Act 116 of 1998 (as amended by s 20
of Act 14 of 2021) with effect from 14
April 2023.]
1. High
treason
2. Sedition
3. Malicious
damage to property
4. Entering
any premises with the intent to commit an offence under the common law or a
statutory provision
5. Culpable
homicide
6. Extortion
7. Any
crime or offence—
(a) in
terms of this Act or the previous Act, in respect of which an accused was not
sentenced to a period of imprisonment without the
option of a fine;
(b) in
terms of the Domestic Violence Act, 1998 (Act 116 of 1998), in respect of which
an accused was not sentenced to a period of imprisonment
without the option of
a fine;
(c) involving
violence, sexual abuse or dishonesty, in respect of which an accused was not
sentenced to a period of imprisonment without
the option of a fine; or
(d) in
terms of the Explosives Act, 1956 (Act 26 of 1956), in respect of which an
accused was not sentenced to a period of imprisonment
without the option of a
fine;
(e) in
terms of the Domestic Violence Act, 1998 (Act 116 of 1998) or the Protection
from Harassment Act, 2011 (Act 17 of 2011).
[Schedule 2, item
7(e) inserted by s 22 of Act 17 of 2011, substituted by s 20 of Act 116 of 1998
(as amended by s 20 of Act 14
of 2021) with effect from 14 April 2023.]
8. Any
conspiracy, incitement or attempt to commit any offence referred to in this
Schedule.
Schedule 3
LAWS REPEALED
[Section
153]
[Schedule 3 commencement: 1 July 2004.]
[Schedule 3 amended
by s 21 of Act 43 of 2003.]
|
No. and year of
Act |
Short title |
Extent of
repeal |
|
Act 75 of 1969 |
Arms and Ammunition Act, 1969 |
The whole |
|
Act 80 of 1971 |
General Law Amendment Act, 1971 |
Section 25 |
|
Act 35 of 1973 |
Arms and Ammunition Amendment Act, 1973 |
The whole |
|
Act 94 of 1974 |
Second General Law Amendment Act, 1974 |
Section 48 |
|
Act 16 of 1978 |
Arms and Ammunition Amendment Act,
1978 |
The whole |
|
Act 19 of 1983 |
Arms and Ammunition Amendment Act,
1983 |
The whole |
|
Act 60 of 1988 |
Arms and Ammunition Amendment Act,
1988 |
The whole |
|
Act 30 of 1990 |
Arms and Ammunition Amendment Act,
1990 |
The whole |
|
Act 79 of 1991 |
Arms and Ammunition Amendment Act,
1991 |
The whole |
|
Act 117 of 1992 |
Arms and Ammunition Acts Amendment Act,
1992 |
The whole |
|
Act 65 of 1993 |
Arms and Ammunition Amendment Act,
1993 |
The whole |
|
Act 177 of 1993 |
Arms and Ammunition Second Amendment Act,
1993 |
The whole |
|
Act 7 of 1995 |
Arms and Ammunition Amendment Act,
1995 |
The whole |
|
Act 8 of 1995 |
Arms, Ammunition and Armaments Transitional
Regulations Act, 1995 |
The whole |
|
Act 15 of 1999 |
Arms and Ammunition Amendment Act, 1999 |
The whole |
Schedule 4
PENALTIES
[Section
121]
[Schedule 4
commence to the extent that it relates to the penalties prescribed for a
contravention of s 140(2): 1 June 2001; remainder:
1 July 2004.]