AMENDMENTS TO FIREARMS CONTROL ACT REGULATIONS BY PORTFOLIO COMMITTEE FOR SAFETY AND SECURITY

REGULATION 1

To insert the words in bold and to delete the words in bold, square brackets:

(x) "import" includes the bringing of a firearm or ammunition into the Republic of South Africa at any place designated as a port of entry in terms of the Immigration Act, 2002 (Act No. 13 of 2002) where the firearm or ammunition will enter into the Republic of South Africa, a harbour or airport or other place on board any vessel or aircraft or [are intended to be so off-loaded] any other means of conveyance. irrespective of whether or not the firearm or ammunition is off-loaded from such vessel or aircraft or other means of conveyance. for conveyance through the Republic of South Africa to any place outside the Republic of South Africa or for any other purpose. or is intended to be so off loaded;

The following definition was considered, and it was indicated by the drafter that a report-back will be given at the next meeting. In view of the definition in the Act of "load/loading, the definition of "loading of ammunition", should be deleted.

[(xii) "loading of ammunition" means the loading of a previously used cartridge case with a primer, propellant or bullet as well as the completed or partly completed assembly of any cartridge when use is made of a cartridge case that does not bear the unique head stamp of the person doing the assembly of the cartridge;]

To insert the underlined word in bold:

(xxv)"unloaded" means that any propellant, projectile or cartridge which can be discharged from the firearm is not contained in the breech or firing chamber of the firearm nor in the cartridge magazine or cylinder attached to or inserted into the firearm.

REGULATION 4

Editorial amendment. The text is aligned to the wording of the Regulations made available for public comments. Committee approved this proposal by Mr Gibson

To insert paragraph 4(1)(f)

Accreditation of hunting association or sports-shooting organization

4.(1)A hunting association or sports-shooting organization that applies for accreditation must, in addition to the relevant information required by regulation 2, submit proof to the satisfaction of the Registrar that -

(a) it provides in its founding document for a category of dedicated membership in respect of its registered members that applies for a licence as contemplated in section 16 of the Act;

(b) (i) in the case of a hunting association, the hunting association conducts a relevant training course in respect of dedicated hunters that complies with the provisions of the South African Qualifications Authority Act, 1995 (Act No. 58 of 1998) read with the Skills Development Act, 1998 (Act No97 of 1998) of which it shall be a prerequisite that a member of the hunting association must successfully complete before that member may be registered as a dedicated member and dedicated hunter with the hunting association; or

(ii) in the case of a sports-shooting organization, the sports- shooting organization only register a person as a dedicated member and dedicated sports person with the sports-shooting organization if such person has successfully completed a relevant training course that complies with the provisions of the South African Qualifications Authority Act, 1995 (Act No.58 of 1998) read with the Skills DevelopmentAct, 1998 (Act No.97 of 1998);

(c) it has a dedicated procedure in place to regularly evaluate its dedicated members for their -

(i) bona fides to be or remain a dedicated hunter or sports person, as the case may be; and

(ii) dedicated participation in their applicable hunting or sport shooting activities, as the case may be;

(d) it keeps on record the particulars of the participation by a dedicated member in his or her hunting or sport shooting activities as a dedicated hunter or dedicated sport person, as the case may be;

(e) it will in respect of a registered member only allow dedicated membership to the association or organization as long as -

(i) the dedicated member is a person in good standing as a dedicated member with the association or organization, as the case may be; and

(ii) in the case of a dedicated hunter that it will not register a person as a dedicated hunter with the organization while that registered member conducts business in hunting on the strength of a dedicated hunters licence that was issued in terms of section 16 of the Act; and

"(f) documentary proof of membership by the hunting association or snorts-shooting organization of a national or international association or organization of which. to the satisfaction of the Registrar. has the primary bona fide object to promote responsible hunting or snort-shooting as the case may be."

 

REGULATION 10

To insert paragraph (d):

10. An applicant who applies to be accredited to conduct business in hunting must, in addition to the relevant information required by regulation 2, submit -

(a) a certified copy of his or her professional hunting or hunting outfitters licence or permit issued by a relevant provincial nature conservation authority of the province in which he or she will conduct the business;

(b) a description of the security measures pertaining to the storage, transport and safekeeping of the firearms to be used in conducting such business;

(c) documentary proof to the satisfaction of the Registrar, of actual personal involvement as an acknowledged professional game hunter or hunting outfitter, as the case may be;

"(d) documentary proof of membership of a national association or organization of which. to the satisfaction of the Registrar. has the primary bona fide object to promote responsible hunting."

REGULATION 15

Prohibited firearms that may be licensed in a private collection

15. The following prohibited firearms may be licensed under section 17 of the Act:

(a) A prohibited firearm and device contemplated in section 4 of the Act, that may be possessed in terms of the transitional provisions in Schedule 1 of the Act;

(b)a prohibited firearm and device contemplated in section 4 of the Act which does not fall under paragraph (a), which must not be less than 50 years calculated from the date of it's manufacture, together with an attribute of collectability regarding it's historical, technological, scientific, heritage, educational, cultural and artistic value or any other aspect as may be deemed appropriate: Provided that if the firearm or device does not readily conform to the set combination of age and attribute of collectabilitv. the following further considerations may apply-3

(i) that its production has been discontinued for at least 10 years with the real likelihood of it becoming of collectable interest from a historic, technological, scientific, heritage, educational, cultural or artistic perspective;

(ii) that it is part of a commemorative issuance or limited edition;

(iii) that it will fit in as part of a demonstrable theme of future value, where a real likelihood of such future value can be sufficiently demonstrated or motivated;

(iv) its proven or generally accepted association with famous or infamous people or events;

(v) its current national or international scarcity or rarity based on an acceptable reason;

(vi) its unusual or unique design, materials or method of manufacture of historic interest;

(vii) custom or one-off building by a well known gun maker or gunsmith, with significant value;

(viii) that it is a prototype or part of a limited production run;

(ix) that it is a replica of a well known historical firearm or

(x) that it is an investment grade firearm or device of significant value.

(c) a miniature cannon.

 

Editorial amendment. Committee approved that the omitted words be re-inserted.

REGULATION 19

To insert the expression underlined and bold:

Prohibited firearms that may be licensed in a public collection

19. The following prohibited firearms may be licensed under section 19 of the Act -

(a) prohibited firearms that may be possessed in terms of the relevant provisions of the transitional provisions in Schedule 1 of the Act; and

(b) in respect of a newly acquired prohibited firearm that does not fall under paragraph (a), when that firearm has a clearly definable intrinsic and remarkable heritage significance acknowledged by the South African Heritage Resources Agency in accordance with the National Heritage Resources Act, 1999 (Act No.25 of 1999); and

(c) a prohibited firearm and device contemplated in section 4 of the Act, that does not fall under paragraph (a) or (b) is collectable in view of the age thereof, which must not be less than 50 years calculated from the date of its manufacture, together with at least one attribute of collectability regarding its historical, technological, scientific, heritage, educational, cultural and artistic value or any other aspect as deemed appropriate: Provided that if the firearm or device does not readily conform to the set combination of age and attribute of collectability1 the following further considerations may apply

(i) that its production has been discontinued for at least 10 years with the real likelihood of it becoming of collectable interest from a historic, technological, scientific, heritage, educational, cultural or artistic perspective;

(ii) that it is part of a commemorative issuance or limited edition;

(iii) that it will fit in as part of a demonstrable theme of future value, where a real likelihood of such future value can be sufficiently demonstrated or motivated;

(iv) its proven or generally accepted association with famous or infamous people or events;

Editorial amendment. Committee approved that the omitted words, underlined and in bold be re-inserted.

(v) its current national or international scarcity or rarity based on an acceptable reason;

(vi) its unusual or unique design, materials or method of manufacture of historic interest;

(vii) custom or one-off building by a well known gun maker or gunsmith, with significant value;

(viii) that it is a prototype or part of a limited production run;

(ix) that it is a replica of a well known historical firearm; or

(x) that it is an investment grade firearm or device of significant value.

REGULATION 115

It is proposed that the following sub-regulation be inserted:

"(5) Any person who possesses a firearm part as contemplated in section 94 of the Act. and whose possession does not fall under section 94(2)(a) or (b) of the Act. must within 30 days of the implementation of these regulations apply in writing to a relevant Designated Firearms Officer for an authorization contemplated in section 94(c). to possess such firearm part. "Accreditation to provide firearms for use in theatrical, film or television productions