POLICY FOR THE CONTROL OF FIREARMS IN SOUTH AFRICA
Message from the Minister
Category of Firearm |
Maximum limit for possession |
Category 1 (not for civilians ) |
None will be licensed (except in certain |
Category 2 (restricted use of certain especially dangerous firearms) |
1 firearm except for institutions providing for security services |
Category 3A (self defence) |
1 firearm |
Category 3B (occasional hunters and sports shooters) |
A maximum of 4 firearms may be licensed to one person. These may not include more than two handguns including one for self-defence. |
Category 3C (dedicated hunters) |
Number dependent on application and |
Category 3D (dedicated sports shooters) |
Number dependent on application and subject to Registrar’s discretion |
Category 4 (collectors) |
Number dependent on application and subject to Registrar’s discretion |
Category 5 (businesses) |
Dependent on application and subject to Registrar’s discretion |
3. HOW TO APPLY FOR A LICENCE
CATEGORY |
PERIOD OF VALIDITY |
2 |
2 years |
3A |
5 years |
3B |
10 years |
3C |
10 years |
3D |
10 years |
4 |
10 years |
5 |
2 years |
CAN MORE THAN ONE PERSON GET A LICENCE TO USE THE SAME FIREARM
Where a firearm is being used for self-defence, sporting activities or hunting, one person, other than the person holding the licence, may be given a licence to use the same firearm if the person has the same residence as the person holding the licence.
WHAT HAPPENS WHEN YOU WANT TO RENEW YOUR LICENCE?
You must apply to renew your licence at least 90 days before it is due to expire.
The designated firearm office will check:
· that you still have the firearm indicated on the licence;
· the address and safe place where the firearm is stored;
· whether you are still a fit and competent person to own the firearm;
· whether you still know and understand the Firearms Control Act
you do not apply to renew your licence, and it expires, you will be regarded as being in possession of an illegal firearm.
WHAT HAPPENS IF A LICENSED FIREARM OWNER DIES?
Within 60 days of the estate being settled, the firearm must have been sold or left with a dealer while the new owner applies for a licence. If this is not done the firearm will be forfeited to the State. (In the new law, provision is made also for you to possess but not use an inherited firearm if you do not want to apply for a full licence).
4. YOUR LEGAL DUTIES AS THE OWNER OF FIREARM
You are required to exercise great responsibility as the owner or possessor of a firearm and ammunition. If you fail in any of the following duties, you commit an offence.
· Whenever you are physically in possession of a firearm or ammunition, you must have your licence with you.
· You must produce your licence or your firearm if a police officer; or another designated officer; asks you to.
· You can carry a firearm in public if you possess a Category 2 or a Category 3A licence. The firearm must not be visible in the holster and you must be able to exercise control over the firearm. This does not apply to State officials and registered security officers who are on duty. You may also carry a firearm in public if, for example, you are taking it to a gunsmith or to the place where you will use it for sport or hunting. In such cases it must be out of sight in a carry bag.
· You may not handle a firearm while you are under the influence of alcohol or drugs, nor may you hand over possession of your firearm to someone who is under the influence of alcohol or drugs.
· if you are employed in the SANDF or as a law enforcement officer and you use a State firearm, you may not carry it when you are off-duty unless your commandin9 officer authorises this.
if you break any of these rules you will be committing an offence, and may be declared unfit to possess a firearm.
DECLARING A PERSON UNFIT TO OWN A FIREARM
Anyone who thinks that another person is not fit to be in possession of a firearm, can make an application to have that person declared unfit. An enquiry will be held. Anyone who is declared unfit to possess a firearm has to dispose of the firearm through a dealer within 60 days. if this is not done the firearm is forfeited to the State.
You can be declared unfit to possess a firearm if you are found guilty of any of the offences in Table 4 or if:
· you lose your firearm through negligence;
· you have not taken the necessary steps for the safekeeping of any firearm;
· you threaten to kill or injure yourself or another person by any means;
· you are not in a fit mental condition to possess a firearm;
· you are inclined to violence;
· you are dependent on or abuse drugs or alcohol;
· you have ever provided misleading or false information relating to the law on firearms;
· you are found guilty of any offence relating to the possession of firearms;
· you, for any other reason, are considered not to be a fit and proper person to possess a firearm.
If you have been declared unfit to possess a firearm you will not be able to apply to have this declaration set aside for five years.
6. THE TRANSFER OF FIREARMS
There will be new policies to control the movement of firearms through dealers,
manufacturers, gunsmiths, brokers and imports and exports.
DEALERS
Firearm dealers must handle all firearm and ammunition sales and transfers. No transactions, such as buying, selling, trading or donating of firearms, will be allowed unless this is done through a registered arms dealer.
There will be a centralised dealer-database at the Central Firearms Register and dealers must have computer programmes and a computer workstation that can connect to the main Central Firearms Register database. Information about the stock at any firearm dealer must be updated on a 48 - hour basis and any transactions of firearms or ammunition by the dealer must be recorded at the time of the deal.
This will not apply to dealers in areas without electricity and phones, but they will still be required to report and keep records.
Firearm dealers must be registered and their licence to deal must be renewed every year.
MANUFACTURERS
There will be regulations about how manufacturers must mark and number the firearms that they produce. Manufacturers must also have a database on which they enter all transactions.
Manufacturers must renew their manufacturer's licence each year.
GUNSMITHS
Gunsmiths must be registered by the Central Firearms Register. They will have to complete a gunsmith artisan's test at an accredited institution before they can be registered. Gunsmiths are only allowed to work on legal firearms and they must keep a register of the work they do and the stock they keep.
BROKERS
There is evidence that arms brokers and shipping agents are involved in transferring quantities of arms and ammunition to areas in Africa and elsewhere, where there is severe human conflict and human rights abuse. The control of their activities in South Africa alone is not adequate and new policies will be brought in to improve controls. These policies will apply to:
· any South African citizen, wherever located;
· any person who has permanent residence in South Africa;
· any organisation registered or incorporated in South Africa.
EXPORTING AND IMPORTING
Any person wishing to import or export firearms must obtain a permit to do so from the Registrar. All import and export of firearms, by either individuals or dealers, must be recorded in one centralised computer system at the Central Firearms Register.
7. THE POWERS OF THE SAPS
Members of the SAPS will have the authority to ask for information under certain circumstances and to seize firearms and ammunition. They will also have the power to enter premises and search for firearms, ammunition or licences. A member of the SAPS who suspects that a person has, or recently had, possession of a firearm or ammunition, may ask that person to supply certain information.
Members of the SAPS can seize a firearm or ammunition if they suspect that:
· someone is not a fit or proper person to possess the firearm or ammunition;
· a firearm is unlicensed or the licence has been cancelled or suspended;
· an offence has been committed, or is about to be committed, with respect to a firearm or ammunition;
· the possession of a firearm may result in danger to life or property
· a person has possession of a firearm or ammunition, against the orders of a court;
· the owner is subject to a restraining order under the Domestic Violence Act;
· a firearm is mechanically unsafe;
· a firearm is a prohibited firearm;
· a firearm has been converted to automatic after approval of the licence to possess that firearm
· a person who has possession of that firearm is apparently under the influence of alcohol or drugs.
Any member of the SAPS who seizes firearms, licences or ammunition is responsible until they are handed over for safekeeping at a police station.
8. FORFEITING FIREARMS
Under the new firearm control policy firearms that are forfeited to the State will normally be destroyed so that they do not go back into circulation. Legal firearms surrendered will also be destroyed.
9. PENALTIES
The new policy will increase the penalties for offences.
Those who deal in any way with illegal firearms will be penalised even more heavily than those charged with possession.
Harsh sentences will be given to those who:
· supply a firearm to a person who is under age;
· supply a firearm to someone so they can commit a crime;
· deal in firearms which are unlicensed or unregistered or both;
· deal in lawfully owned firearms without being registered as a dealer.
10. FIREARM FREE AREAS
Some places in the country will be declared firearm free areas. No firearms will be allowed in these places. This will help make the public more aware of the issue and will also make policing easier.
The following places have been recommended as firearm free areas:
· schools;
· hospitals and clinics;
· churches and other formal places of worship;
· places of public entertainment;
· government offices;
· bars, shebeens and other places where alcohol is sold for consumption on the premises.
IMPLEMENTING THIS POLICY
A FIREARMS CONTROL ACT
There will be a new law, which will set out the details of much of this policy.
THE CENTRAL FIREARMS REGISTER
The National Commissioner of the SAPS will be the Registrar of the Central Firearms Register. The Central Firearms Register is being restructured so that it will be able to carry out a number of new functions efficiently. It will be responsible for keeping a Register of all legal firearms in the country. Where firearms are owned privately, the register must include information about the owner; a photograph, the type of firearm, its model and serial number and the details of the licence and any previous owners.
All firearms owned by the State must be registered, and the Central Firearms Register must keep details of the department responsible for the firearm, the type of firearm, model and serial number. Any movement or sale of the firearm must be reported to the Central Firearms Register.
THERE WILL BE AN AUDIT OF ALL FIREARMS AND LICENCES WILL BE RE-ISSUED
Firearms are currently licensed through a number of different authorities. For instance, some licences were issued by the so-called independent homelands and by the former South West Africa. The Central Firearms Register will be responsible for doing an audit of all existing firearms that are currently licensed and for re-issuing licences in a new format. This will be done to make it easier to control firearms by having one uniform licensing system.
When the Central Firearms Register is ready to begin its audit, members of the public will be informed of the details of the re-issuing process. All current licence holders will be affected. This process will take at least three years to complete.
There will be an amnesty period, where anyone with an unlicensed firearm will be allowed to apply for a licence. Stolen or prohibited firearms will not be licensed and anyone wishing to hand in a legal or an illegal firearm will be allowed to do so.
Anyone who does not do this within the period that is allowed and is then found to be in possession of an unaudited firearm will be declared unfit for possession for life, and their firearms will be forfeited to the State.
ADDITIONAL INFORMATION FOR SPECIFIC USERS
OCCASIONAL HUNTERS OR RECREATIONAL SPORTS SHOOTERS
Category 3B firearms are for occasional hunters or recreational sports shooters.
PERIOD OF LICENCE
Licences for these firearms will be valid for ten years if they are not handguns in which case the renewal period will be 5 years.
NUMBER OF FIREARMS
No person may license more than four firearms in this category. Only two of these may be handguns.
DEDICATED HUNTERS
Dedicated hunters are people who hunt frequently. They must belong to a National Hunting Association that is accredited by the Registrar. They may also be full-time employees of a recognised Wildlife Conservation Authority Category 3C firearms are for dedicated hunters.
PERIOD OF LICENCE
The licence is valid for ten years. It will only be valid for this full period if the person continues to be a dedicated hunter.
NUMBER OF FIREARMS
A dedicated hunter will be allowed to possess the number of firearms that he or she can motivate the need for.
PROCESS OF APPLYI NG FOR A LICENCE
Dedicated hunters must go through the same process of applying for a licence that has already been described in the general section of this document. In addition, a dedicated hunter will have to provide a statement, which confirms that he or she is a member of an
accredited Hunting Association.
UNDER WHAT CONDITIONS CAN A HUNTER POSSESS A LICENCE?
A dedicated hunter must:
· comply with the rules of the accredited National Association;
· only use the firearm in the course of his or her occupation;
· only carry shotguns and rifles in public if they are being transported between the owner's residence and a shooting range, hunting ground, dealer or gunsmith;
· provide a yearly record of his or her hunting activities to the accredited National Association.
No Category 1 firearms will be licensed even if they are recognised by hunting associations.
AMMUNITION
Dedicated hunters may be given permission by the Registrar to buy and carry more than the prescribed quantity of ammunition.
THE DUTIES OF THE HUNTING ASSOCIATION
Hunting Association has to keep a register of all the hunting activities of its members
and it must provide the Registrar with:
· a list of all its active members and their hunting histories;
· a list of all past members;
· a list of all members against whom disciplinary action has been taken.
The Registrar will give those hunters who no longer qualify as dedicated hunters, 60 days written notice to submit reasons why their Category 3C licences should not be removed.
SPORTS SHOOTERS
The sportsmen and women who qualify under this category are people who take part in an internationally recognised shooting sport discipline. They will be granted a Category 3D Firearm.
PERIOD OF LICENCE
The licence is valid for 1 0 years. it will only be valid if the person remains a dedicated sports shooter.
NUMBER OF FIREARMS
A dedicated sports shooter will be allowed to possess the number of firearms which he or she can successfully motivate as needed for participation in the shooting sport disciplines for which he or she is registered.
PROCESS OF APPLYING FOR A LICENCE
This will be the same as described in the general section.
UNDER WHAT CONDITIONS CAN A SPORTS SHOOTER USE FIREARMS?
A dedicated sports shooter must:
· only use the firearm in the course of his or her sport;
· only carry shotguns and rifles in public if they are being transported between the owners residence and a shooting range, hunting ground, dealer or gunsmith.
No Category 1 firearms will be licensed even if they are recognised by sports associations.
AMMUNITION
Dedicated sports shooters may be given permission by the Registrar to buy and carry more than the prescribed quantity of ammunition.
THE DUTIES OF THE ACCREDITED SPORTS ASSOCIATION
The Association has to keep a register of all the activities of its members and it must
provide the Registrar with:
· a list of all its active members and their shooting history
· a list of all past members;
· a list of all members against whom disciplinary action has been taken.
The Registrar will give those people who no longer qualify as dedicated sports shooters, 60 days written notice to submit reasons why their Category 3D licences should not be removed.
COLLECTORS
Collectors of firearms may be either private or public collectors.
They will be granted a Category 4 Firearm licence that authorises them to possess a firearm for the purpose of participating in the collecting of firearms. They may possess Category 1 and 2 firearms under certain circumstances.
PERIOD OF LICENCE
The licence is valid for 10 years. It will only be valid if the person remains a dedicated collector.
NUMBER OF FIREARMS
A dedicated collector will be allowed to possess the number of firearms determined by his or her collection.
PROCESS OF APPLYING FOR A LICENCE
This will be the same as described in the general section.
Registered ammunition collectors may only possess a maximum 0f 200 rounds per calibre, unless otherwise authorised by the Registrar.
THE DUTIES OF THE ACCREDITORS COLLECTORS ASSOCIATION
The Association has to keep a register of all the activities of its members and it must
provide the Registrar with:
· a list of all its active members and their collecting history;
· a list of all past members;
· a list of all members against whom disciplinary action has been taken.
The Registrar will give those people who no longer qualify as collectors, 60 days written notice to submit reasons why their Category 4 licences should not be removed.
This category of licence covers businesses that use firearms as a tool for their trade. It includes security companies, firearm training institutions and game conservation or safari companies. These require a Category S licence. This is a licence to own a number of firearms. Each firearm itself is also registered. The business must keep a register of all firearms transferred from one office to another and all those held in each office.
PERIOD OF LICENCE
The licence of the business Is valid for two years with six monthly inspections during this period. Firearms belonging to the business will be licensed for this period only.
WHAT ARE THE CONDITIONS
Security officers will only be allowed to possess and use firearms if:
· they are registered with the Security Officers Board and have received a competency certificate;
· they have obtained a competency certificate to handle the specific firearm used by the officer.
Only registered security officials from registered companies will be allowed to carry shotguns in public while they are on duty.
SAFEKEEPING OF FIREARMS
All business concerns should have a prescribed safe and those owning more than ten
firearms should have at least a Category II safe according to SABS specifications.
If a business stops operating, the firearms must be kept in safe custody, in a Category II safe, until they are resold or taken into possession by the liquidator.
STATE-OWNED FIREARM
The following steps will be taken to control and manage firearms owned by the State, whether by national, provincial or local governments or parastatals:
· All firearms in any State Department will be registered in a central database at the Central Firearms Register. Any transfers and transactions of state firearms within the borders of South Africa must also be registered.
· Any losses must be reported to the Central Firearms Register and the local police station immediately.
· All firearms in possession of the State should have a standard proofing mark on both the barrel and the frame or receiver.
· State Departments should not be allowed to transfer ownership of firearms in their possession to private individuals or institutions within South Africa.
· Surplus or outdated firearms in possession of the State, local authorities and parastatals must be destroyed unless they are given to a State museum.
· There will be a compulsory physical stocktaking by all' State Departments, provincial and local governments, and a verification of the correctness of the data.
THE DUTIES OF ALL GOVERNMENT AGE NC ES AND EMPLOYERS THAT MANAGE FIREARMS
· Every government agency should issue an employee with a permit authorising the possession of the firearm, and indicating the restrictions and conditions of possession. For example, the permit should say whether the employee is entitled to possess the firearm after working hours.
· Every government agency should have a register which contains the particulars of every firearm as well as the particulars of the employee authorised to possess that firearm. The head of every government agency, or a delegated person, should be responsible for this.
THE DUTIES OF ALL GOVERNMENT EMPLOYEES POSSESSING FIREARMS
Government employees must manage firearms in a responsible manner as is expected of any member of the public with a licence.
· State employees using authorised state firearms must have their permits with them when they are in possession of the firearm.
· An employee to whom a state firearm has been issued, must obey all the regulations and requirements for legal possession of a firearm. For example, they must have successfully completed a practical training course in the safe handling of a firearm.
· Unless otherwise authorised in writing, an employee should return the firearm to the employer's store of firearms at the end of each period of duty. Employees can be prosecuted if they fail to do this.
· The employee must carry the firearm in a holster or similar holder.
· If the employee has permission to possess a State firearm when not on duty, the employee must carry the firearm on his or her person when it is being transported between work and home. The employee must store it in a safe place and not carry it when not on duty, or use it for any other purpose.
CARRYING OF FIREARMS BY SAPS MEMBERS OFF-DUTY
Members of the SAPS who carry firearms, are a target for criminals who wish to obtain their firearms. Of the 236 SAPS members murdered during 1 998,1 44 were killed off-duty. The largest number of these were kilIed during incidents mainly in bars or shebeens. The second largest number were killed specifically in order to steal their service firearm.
In view of this, there will be much stricter controls on police members carrying their firearm off-duty.