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Legal Possession of Firearms for Home and Self Defence [1995] ZAConAsmRes 1666 (21 July 1995)

 


21st July 1995

Legal Possession of Firearms for Home and Self Defence

I wish to bring to your attention most urgently a subject that has been with us for some time and to which there is obviously no clear cut answer.

In the new South Africa we have inherited a situation that is common to many other countries, an epidemic of criminal acts involving violence against innocent persons. It is well known that the limited means available to our official law enforce‑ment agency, the South African Police Services, cannot and will not enable them for a long period of time to give the citizen of South Africa sufficient protection for himself and his family or for a person to be able to move with reasonable safety.

This is in no way intended to imply a criticism under the cir‑cumstances and enormous odds against them.

It has been shown by unmanipulated and true statistics that crime committed with a firearm by the licensed owner is almost negligably small. Further, that the licensed owner of a firearm has been shown in many cases to have been a back-up for our Police Services, and I consider that a person who has been lic‑ensed under the terms of the Arms and Ammunition Act has been shown to be safe, conscientious and responsible. In the very few cases where a person has been shown to be irresponsible, all that is necessary is the simple action of Section II of the Arms and Ammunition Act which stipulates that any person may be declared unfit etc.

Our gun laws are sufficiently strict to contain this situation and I firmly request that the constitution will entrench the right of a responsible citizen to own and carry a gun according to the existing laws of the country which prevent him from flaunting the weapon and creating a feeling of abhorrence and fright. A citizen certainly not only has the right by birth to defend his own and his family's lives, but is commanded to do so by the laws of God. Should this mean that, under certain circumstances, a firearm may be necessary to prevent serious injury or death, then this right must be upheld.

I will agree that every owner of such a firearm should have sufficient training in its proper and safe use and know the laws applicable. He should be certificated in this by a competent instructor to a level recognised by the South African Police Services. This action can only lead to a positive service and to a greater sense of reinforcement to law and order without, of course, the formation of vigilante committees who may wish to take the law into their own hands. Again, Section 11 of the Arms and Ammunition Act would contain such an abhorrent and illegal situation.

I am not a supporter of semi-automatic or automatic rifles for the ordinary citizen, but if one looks at unmanipulated statis‑tics in most other countries where control against hand guns exists, it has been clearly shown that increasing the pressure against private hand gun ownership does only harm to the com‑munity, and in cases where appeals have been made to the public in possession of licensed guns to hand them in, few if any have done so. However, the unlicensed owner, who cannot normally be traced, carries the responsibility for the crime wave cur‑ently with us. In general, tighter gun control has meant universally a higher crime rate.

In this age, it is possible for the criminally minded to very easily obtain an illegal unlicensed weapon even though our Police Force is succeeding in some measure in curbing this. I urge that every citizen through the official channels of Government should be encouraged to assist our Police in any way he can. Already, a strong bond has been created between the ordinary citizen of South Africa and South African Police Services and a feeling of trust is now apparent.

I finish this letter with the appeal that the honest citizen may continue to defend himself and his own with the aid of suitable training and the right to carry a gun with which to defend his own especially with the increasing frequency of violent occurrences.


J. A. LYDDON L R S C, Sci Nat (Chemistry), Member of S A G A.