EXPLANATORY MEMORANDUM
FIREARMS CONTROL ACT, 2000 (ACT. NO.60 OF 2000):
DECLARATION OF AN AMNESTY IN TERMS OF SECTION 139 OF THE ACT
(a) the amnesty may result in the reduction of illegally possessed firearms in South Africa, and
(b) it is in the public interest to do so.
4.3 The requirements for a declaration of amnesty are therefore met. The only outstanding issue before a declaration of amnesty is the approval of Parliament as is required in section 1 39(2)(a) of the Act.
5. A Draft Notice, to be published in the Government Gazette is attached for consideration by Parliament. It is proposed that the amnesty commence on 1 January 2005, until 31 March 2005.
It is further determined that the South African Police Service must act in accordance with the provisions of Regulation 93(4)(a) of the Firearms Control Regulations, 2004, if an application contemplated in paragraph (c) is not duly lodged or not lodged within the specified period and test all firearms surrendered in terms of this amnesty ballistically.
7. A person who surrenders a firearm or ammunition in compliance with a notice published in terms of subsection (1), may not be prosecuted in relation to
(a) the firearm, for having been in possession of that firearm without the appropriate licence, permit or authorization; or
(b) the ammunition, for having been in possession of that ammunition without having been in lawful possession of a firearm capable discharging the ammunition.
A person who surrenders a firearm in compliance with a notice published in terms of subsection (1) may apply in terms of this Act for a licence in respect of that firearm. If a licence is granted, the firearm and ammunition, if any, surrendered in terms of this Act must be returned to the holder of the licence.
8. The Registrar must dispose of any firearm or ammunition surrendered in compliance with a notice in terms of subsection (1) in such manner and after the expiry of such period as may be prescribed."
9. The manner of disposal of surrendered firearms and ammunition is prescribed in Regulation 93 of the Firearms Control Regulations, which provide that:
"(1) A person who surrenders a firearm or ammunition in terms of an amnesty notice published in terms of section 139 of the Act, must surrender the firearm or ammunition to a police station.
(2) In all instances where any firearm has been surrendered during a period of amnesty under section 139 of the Act, it must be destroyed subject to the provisions of regulation 104.
(3) In all instances where ammunition has been surrendered during a period of amnesty under section 139 of the Act, the cartridge case and bullet may only be destroyed by melting or in any other manner approved by the Registrar.
(4) Firearms and ammunition surrendered in compliance with an amnesty notice published in terms of section 139 of the Act, must subject to the provisions of regulation 104(5), section 114(2) and section 139(4) of the Act be destroyed within a period of six months after
(a) the expiry of the amnesty period; or
(b) an application contemplated in section 130(4) of the Act was refused".
2398Cpcj2004 explanatory memo firearms control act 2000