2. Both the existing definitions in the Act and the proposed changes in the Bill have the same flaw; they leave undefined the status of a whole category of airguns (in the commonly accepted sense of the word) that have a calibre of .22 or larger and a muzzle energy of not more than 8 joules. This is because the airgun definition covers devices with a calibre of less than .22 (5,56mm), and the firearm definition covers .22 and larger with a muzzle energy of more than 8 joules

3. Every air pistol of .22 calibre that I know of has a muzzle energy of less than 8 joules, and there are a lot of such air pistols about. Please see the attached document (Annex A), that I wrote concerning the deregulation of air rifles, pistols and revolvers under the current Arms and Ammunition Act. I do not understand why the proposed changes are not in line with the definition already Gazetted when most air guns were deregulated.

4. The solution to this problem is to amend the definition of "airgun" in the Firearms Control Act to read the same as that published in the deregulation Gazette quoted in Annex A. That is:

5. I find it quite unacceptable that the forms, and even more so the information, required by a regulation should not form part of that regulation. I can only assume that this proposal is intended to absolve the SAPS from their responsibility to do a complete job in producing the regulations within the timeframe placed upon them by Parliament. Without the forms the regulations, and hence the Act, cannot be implemented. Without the regulations setting out the required information that must accompany any application how can anyone make an application?

6. To use as a reason (excuse?) the fact that the draft regulations contained some 250 pages of forms is a reflection on the drafting process and not the need for forms. In fact the bulk of those 250 pages consists of instructions along the lines of "fill in the applicant's name in the slot labelled applicant's name"!

7. Under the current Arms and Ammunition Act we have the situation where various supplementary forms have been introduced, and extra information is required to be entered on forms that do not cater for such information. Let us not perpetuate such a poor state of affairs under the new act.

8. Whoever proposed this amendment clearly has little or no knowledge of the reality of serial numbering on firearms. Most firearms only have the serial number on one main component part. This is usually the frame or receiver, but can be the barrel in some cases. Section 23 of the Act currently recognises this by stating that the serial number must be on the barrel, frame or receiver of the firearm.

9. If the proposed amendment is adopted then the vast majority of firearms in the country will have to have their serial number stamped on both barrel and frame, or barrel and receiver as appropriate. This would be a massive exercise, and would carry the very real possibility of inflicting damage and the certainty of defacing the firearm. The infamous extra numbers stamped on firearms as a result of the 1937 firearms act are a major source of grief to collectors of firearms, and are a good example of the damage that would be done to people's property. There is also the question of how imported firearms would be handled, since overseas manufacturers could not be expected to change the way that they number their products.

10. I see no need for this amendment; there is no problem with the way things are currently done.

Thank you for the opportunity to submit comments on the proposed amendments. It is in everyone's interest that the Act be properly implemented and administered.

Yours faithfully

P J Smith

ANNEX A -DEREGULATION OF AIR RIFLES, PISTOLS AND REVOLVERS

Government Gazette No 22968 dated 2 Jan 2002 excludes from the definition of an "arm" in the Arms and Ammunition Act the following:

Thus:

1. All 0,177" (Number 1) air guns and also any other calibre less than 0,22" are deregulated.

2. All 0,22" (number 2) air guns with less than 428 ft/sec (130 m/sec) muzzle velocity are deregulated. I know of no spring powered or pneumatic air pistols that exceed this velocity. Air rifles are another matter.

2. For other calibre (such as 0,25") the value of Vmax would have to be calculated using the appropriate pellet weight.