[SAPL4][a60y2000]FIREARMS CONTROL ACT 60 OF 2000[/SAPL4]

In this Act, unless the context indicates otherwise-

'accredit' means accredit as contemplated in section 8;

['airgun' means any device manufactured to discharge a bullet or any other projectile of a caliber of less than 5.6mm (.22 caliber), by means of compressed gas and not by means of burning propellant;]

[Date of commencement of definition of 'airgun': 1 June 2001.]

'ammunition' means a primer or complete cartridge;

[Date of commencement of definition of 'ammunition': 1 June 2001.]

'antique firearm' means any muzzle loading firearm manufactured before 1 January 1900, or any replica of such a firearm;

[Date of commencement of definition of 'antique firearm': 1 June 2001.]

'Appeal Board' means the Appeal Board established by section 128;

'cartridge' means a complete object consisting of a cartridge case, primer, propellant and bullet;

[Date of commencement of definition of 'cartridge': 1 June 2001.]

'competency certificate' means a competency certificate contemplated in Chapter 5;

'dealer' means any person who is licensed in terms of this Act to trade in firearms and ammunition;

'dedicated hunter' means a person who actively participates in hunting activities and who is a member of an accredited hunting association;

'dedicated sports person' means a person who actively participates in sports-shooting and who is a member of an accredited sports-shooting organisation;

'Designated Firearms Officer' means a police official contemplated in section 124 (2) (h);

'firearm' means any-

but does not include any device contemplated in section 5;

[Date of commencement of definition of 'firearm': 1 June 2001.]

'fully automatic' means capable of discharging more than one shot with a single depression of the trigger;

'gunsmith' means any person who performs work contemplated in section 59, but who does not manufacture firearms;

'handgun' means a pistol or revolver which can be held in and discharged with one hand;

'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;

'juristic person' includes a partnership and any other association of persons;

'load' includes reload, and 'loading' has a corresponding meaning;

'Minister' means the Minister of Safety and Security;

'National Commissioner' means the National Commissioner of the South African Police Service, appointed in terms of section 207 (1) of the Constitution;

'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 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;

'police official' means-

[Date of commencement of definition of 'police official': 1 June 2001.]

'prescribed' means prescribed by regulation;

'previous Act' means the Arms and Ammunition Act, 1969 (Act 75 of 1969);

'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;

'public collector' means a person who collects firearms or ammunition for display to the public and is accredited as such;

'Registrar' means the person referred to in section 123;

'regulation' means a regulation made under section 145;

'restricted firearm' means any firearm contemplated in section 14 (1);

['security company' means a person who-

['security officer' means any person who is employed by a security company;]

'semi-automatic' means self-loading but not capable of discharging more than one shot with a single depression of the trigger;

'this Act' includes any regulation;

'transfer' includes selling, letting, donating, lending or otherwise parting with possession.

(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):

[(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 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 as contemplated in that subsection.]

(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-

(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.

(1) An application for a competency certificate to possess a firearm, 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.

(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-

1. 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;

(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-

(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.

(1) A firearm in respect of which a licence may be issued in terms of this section is any-

1. rifle or shotgun which is not fully automatic;

Proposed amendment by Firearms Control Amendment Bill, 2003, by Clause 5:

Section 16 of the principal Act is hereby amended by the substitution in subsection (1) for paragraph (c) of the following paragraph:

"(c) [any] semi-automatic shotgun manufactured to fire no more than five shots in succession without having to be reloaded; or".

[(c) any semi-automatic shotgun manufactured to fire no more than five shots in succession without having to be reloaded; or ]

(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.

 

[a60y2000s18]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.

Proposed amendment by Firearms Control Amendment Bill, 2003, by Clause

6: Section 18 of the principal Act is hereby amended by the substitution in subsection (2) for paragraph (a) of the following paragraph:

"(a) The Registrar may, subject to such [regulations] 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.".

(2) [(a) The Registrar may, subject to such regulations 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.]

(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 and cartridges manufactured to be discharged by prohibited firearms if the propellant, high explosive and primer of the projectiles and cartridges have been removed or deactivated.

 

[a60y2000s20]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-

Proposed amendment by the Firearms Control Amendment Bill, clause 7(a), by the substitution in subsection(2) for paragraph (a) of the following paragraph:

 

"(a) a [security company] security service provider;";

[(a) a security company;]

 

 

(b) a person who is accredited to provide training in the use of firearms;

2. a person who is accredited to provide firearms for use in theatrical, film or television productions;

Proposed amendment by the Firearms Control Amendment Bill, clause 7(b), by the substitution in subsection (2) for paragraph (d) of the following paragraph:

(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 company 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.]

(6) Every holder of a licence issued in terms of this section must-

(7) The holder of a licence issued in terms of this Act must, at the request of a police official, produce for inspection-

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.

Proposed amendment by the Firearms Control Amendment Bill, by:

Clause 8: Section 23 of the principal Act is hereby amended by the substitution for subsection (2) of the following subsection:

"(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.".

 

[(2) The identification number must be stamped and the mark affixed in the prescribed manner on the barrel, frame or receiver of the firearm.]

(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.

 

Part 3
Gunsmiths (ss 59-72)

[a60y2000s59]59 Prohibition of certain work

Proposed amendment by the Firearms Control Amendment Bill, by:

Clause 9: Section 59 of the principal Act is hereby amended by the substitution for the words preceding paragraph (a) of the following words:

"No person may, without being the holder of a gunsmith's licence or being registered as an apprentice to such holder—".

[No person may, without being the holder of a gunsmith's licence-]

 

(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.

 

[a60y2000s80]80 Suspension of import, export and in-transit permits

Proposed amendment by the Firearms Control Amendment Bill, by:

Clause 10: Section 80 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection:

"(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.".

[(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 for a period of five years or more may be imposed.]

(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.

 

[a60y2000s98]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 Institution prescribing conditions relating to the acquisition, storage, transport, possession, use and disposal of such firearms and ammunition.]

(5) Unless the permit referred to in subsection (2) indicates otherwise, the employee must-

(6) (a) Despite subsection (5), the head of an Official Institution may authorise an employee to-

(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-

(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.

(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-

(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-

(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.

(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-

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.

(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.

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.

[(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-

(2) The Registrar or person authorised may-

(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-

1. in terms of a warrant issued by a judge or magistrate; or

(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-

(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-

whichever may occur first.

(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-

1. over the age of 16 years and ordinarily resident at such premises;

1. the consignor of any goods in or among which the firearm or ammunition was found.

1. 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-

(1) A person is guilty of an offence if he or she contravenes or fails to comply with any-

[Date of commencement of para. (a): 1 June 2001.]

[Date of commencement of para. (c): 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.

(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-

(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.

(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-

(6) It is an offence to point-

1. 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.

[(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.]

(8) A person is guilty of an offence if he or she-

1. keep the keys to such safe, strong-room or device in safe custody.

 

 

(9) It is an offence to-

1. add any word, figure or letter to a competency certificate, licence, permit or authorisation as issued, without the Registrar's permission;

(10) It is an offence to-

(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.

1. The Registrar must perform his or her functions in accordance with such directions as the Minister may issue.

(2) [The Register must-]

(3) The Registrar may-

(1) The Minister may, after consultation with the National Commissioner and the Secretary for Safety and Security, by notice in the Gazette declare any premises or categories of premises to be firearm-free zones, if it is-

(2) Unless authorised to do so in terms of a notice issued under subsectionÿ20 (1), no person may-

(3) A police official may, without warrant-

"153. Subject to Schedule 1, the laws mentioned in the [Column 1] first column of Schedule 3 are hereby repealed to the extent mentioned in [Column 3] column 3 of Schedule 3.".

[Subject to Schedule 1, the laws mentioned in the Column 1 of Schedule 3 are hereby repealed to the extent mentioned in Column 3 of Schedule 3.]

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.

(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.

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.

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.

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.

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.

(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.

(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.

(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.

(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.

(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-

(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.

1. 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.

(1) (a) The holder of a licence, permit or authorisation contemplated in item 1, 2, 3, 4 or 5 must apply for the corresponding licence, permit or authorisation in terms of this Act within the period determined by the Minister by notice in the Gazette.

By Clause 22: Schedule 3 to the principal Act is hereby amended¾

(Section 153)

(Section 121)

[Date of commencement of Schedule 4 in respect of the penalties under s. 140 (2): 1 June 2001.]