ORAL SUBMISSION ON THE FIREARMS CONTROL AMENDMENT BILL [812-2006]
GUN FREE SOUTH AFRICA
Introduction
Gun Free South Africa is a non-government organisation that since 1994 bas
sought to take practical steps to help build a safe and more secure nation by
reducing the number of guns in circulation.
We welcome the publication of the Firearms Control Amendment Bill [B122006]
and see it as a necessary review of the Firearms Control Act [No 60 of 2000] .
We thank the Portfolio Committee on Safety and Security for offering us and
other members of the public this opportunity to make comments on the Bill.
Need for strict gun control
Globally, South Africa is recognized as having an extraordinary level of gun
violence. Police statistics tell us that between 1994 and 2003 we have seen
·
Over 104,000 gun-related homicides
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Almost one million (983,627) aggravated robberies reported to the police
This bas led to widespread traumatisation of victims and witnesses of
gun-related crime and violence.
Gun violence has resulted in the diversion or loss of key resources.
·
As health resources are diverted into trauma wards and the short term and
long term treatment of gun shot wounds
·
As government and private resources are transferred into safety and
security:
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Police budgets rose from R13.8 billion in 1998/9 to 24.2 billion in
R2004/5 in large part in response to the growth of violent crime.
−
The private security industry had a meteoric rise and grew in value from
R1.2 billion in 1990 to R13 billion in 2000.
−
The Banking Council reported that it alone spent R 1 billion in 1998 to
install and maintain security devices to protect banks from armed robberies
·
In the worst cases, the delivery of services is disrupted: schools,
clinics, ambulance services, housing projects
·
The economy has lost labour, labour hours and labour skills.
Gun violence also has had profound social costs.
·
Young men - the most common victims of gun violence - playa strategic
role as the fathers of young families and family wage earners. In the most
extreme instances, this results in the breaking apart of families.
·
Many suffer post traumatic stress syndrome, which can lead to deep
psychological problems and create a generational cycle of violence
·
The growth of fear and social isolation particularly in high-risk
communities has sapped "social capital".
These effects are very harmful for our young democracy, gripped as it is with
the challenges of social transformation and economic growth.
Since the publication of the National Crime Prevention Strategy, our government
has built a comprehensive framework to deal with gun violence. The Firearms
Control Act is one, central part of this strategy. By promoting responsible gun
ownership, combating illegal guns, and reducing the proliferation of firearms,
it plays a major role in crime prevention. All signs are that the new law has
begun to have profound effects.
We urge the Portfolio Committee to ensure that the amendment process shores up
and strengthens the law rather than weakening it.
Overview
We support the Firearms Control Amendment Bill because it makes real efforts
to enhance the Firearms Control Act.
Support for the amendment bill
First, a number of amendments seek to strengthen gun control. These
include:
·
Substituting the term "muzzle loader" for "antique
gun" in section 1 and a number of follow on clauses;
·
Requiring that a person get a competency certificate before obtaining a
muzzle loading gun in section 2 and follow on clauses;
·
Prohibiting silencers in section 3(a);
·
Improving the process for applying for guns in private collections in
section 11. We particularly appreciate the inclusion of the inclusion of the
South African Heritage Resources Authority in the process.
·
Requiring that collectors disable prohibited firearms in private and
public collections in sections 11 and 12;
·
Improving or adding presumptions to deal with negligent loss of guns or
safe keys sections 32 and 33;
Second, a number of amendments seek to create a more efficient and
effective system of administering the law.
·
Section 9 links the period of validity of a competency certificate to the
period of validity of the licence to which it is linked
·
Section 23 routes export permits through the National Conventional Arms
Control Committee (NCACC)
·
Section 24 requires the police to investigate whether a person should be
declared unfit if he or she has paid an admission of guilt fine
·
Section 24 improves in the kinds of evidence allowed at s 103 unfitness
hearings.
We support these sections of the amendment bill.
Proposed amendments
However, the Bill also contains sections that we believe might weaken or
undermine strict gun control measures in the law. We would like to suggest to
the Portfolio Committee possible amendments and new provisions that might end
this problem or indeed strengthen the law
Competency certificates
To us, one cornerstone of the Firearms Control Act is the competency
certificate, because it allows the police to exclude people from getting gun
licences who should not have them.
With this in mind, we ask the Portfolio Committee to delete section 1(f) of the
Bill, which would narrow the definition of "fit and proper". We
recall that during the original discussions on the Firearms Control Act, the
Portfolio Committee fully considered its inclusion in the list of criteria for
obtaining a competency certificate set out in section 9(2). The Portfolio
Committee agreed to include it in the list because it gave the police
discretion in cases where a person was clearly unfit to possess a firearm, but
not for the reasons set out in that section. We believe that the police still
need this discretionary power to protect the South African public.
In light of research conducted by the Medical Research Council and others, we
offer to the committee for its consideration the following proposed amendments.
·
First, that the age limit for obtaining a competency certificate be
lifted to 25
·
Second, that anyone who is subject of a permanent protection order under
the Domestic Violence Act be excluded from obtaining a competency certificate
·
Third, that applications be suspended, when the applicant is the subject
of a temporary protection order.
Licences
Section 15 would extend the period of business licences. We are particularly
concerned about the last category of these licences because it relates to
security companies. It would extend their licence periods from two to five
years.
Our concerns are two-fold. First, the industry is unstable.
The number of security officers has constantly grown . The number of
security companies has vacillated:
·
4437 in 1997
·
5591 in 2001
·
4639 in 2005 (Financial Mail, 23 June 2006)
Second, the PSIRA has reported to this Portfolio Committee that its
inspections have uncovered hundreds of cases where private security companies
have not complied with the law, including the law as it applies to firearms.
The Firearms Control Act has provisions for disposing of firearms when a
business closes, but the short licence period serves as a safeguard, to make
sure security companies account for their firearms when their licences come up
for renewal.
A second issue relating to licensing is the licensing of gun dealers. The
placement of gun shops in a community is a highly emotive issue, particularly
in communities that experience high levels of gun violence. In light of this,
we ask the Portfolio Committee to consider whether gun dealers should undergo
the same process of community consultation as liquor dealers.
Renewals
We see renewals as another key cornerstone of the law. With this in mind, we
ask the committee to consider deleting sections 10A and part of section 15 of
the amendment bill.
To begin with, much of section 10A contains the kind of detail that belongs in
regulations.
We are particularly concerned about sections 10A(5) and 10A(7).
Section 10A(5) would effectively allow the police to approve a renewal
application with doing a background check. This could undermine the value of
the certificate. While a person might be fit to possess a firearm when he or
she first applies for a competency certificate, any number of factors can lead
that person to become unfit to possess a firearm by the time he or she applies
to renew the certificate five or ten years later: stress, job loss, exposure or
involvement in domestic violence, alcoholism or drug addiction, amongst others.
This might not be picked up from the application or the interview with the
applicant, alone. The police should repeat the background check.
Section 10A(7) would allow the person to renew a competency certificate without
any refresher training. This training is critical, not only to ensure the
person retains basic skills, but also that he or she is kept up to date with
changes in the law.
Declarations of unfitness
There is a very strong feeling amongst many non-government organisations that
deal with domestic violence that declarations of unfitness should last in
perpetuity, although a window period could be created where the person could
demonstrate that he or she is no longer unfit to possess a firearm. We ask that
the Portfolio Committee consider this suggestion.
Arms exports
GFSA strongly supports section 23 which would require that the NCACC issue
export permits. We believe that a few additions to this section, however, might
improve its efficacy.
First, a number of firearms are carried over the border - and so technically
"exported" - by private firearm owners who intend to use their guns
for personal reasons - to hunt or for self-protection. It might be best if this
kind of permit were handled by the SAPS and not the NCACC - which is taken up
with proper arms transfers. A separate category exists in the regulations for
this type of permit, but the Portfolio Committee might want to consider whether
a similar distinction needs to be made in the law.
Second, the Portfolio Committee might want to consider whether a key provisions
in the National Conventional Arms Control Committee Act (No 41 of 2002) could
be carried over into the Firearms Control Act including:
·
Brokering
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End-user certificates
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Principles guiding export approvals.
Rebuttal: renewals versus audits
Presenters have proposed that the system of firearm licence renewals be
replaced by a firearm audit.
We believe that the firearm licence renewal system currently in the law offers
a far more effective and efficient system. This is for two reasons.
First, the Central Firearms Register needs to have accurate and up to date
records of firearm licences. A police audit of firearm licences in one station
area showed that the firearm licences were very inaccurate, because people had
provided the wrong information on their application, they did not inform the
police when they moved, or when their firearm had been lost or stolen, or when
the firearm owner had died. This situation must to be corrected.
There are two basic options for maintaining accurate records: either the police
take responsibility for going out to check each individual licences, or
individual firearm owners become responsible for renewing their licences. The
second option is the only feasible solution. This means that individual licence
holders must be required to regularly renew their firearm licences, to ensure
that police records are kept accurate and up to date.
Second, presenters have asked that existing firearm licence holders be allowed
to retain the guns allowed them under the old Arms and Ammunitions Act.
We oppose this suggestion for two reasons. First, it would put in place a dual
system, where one group of people are allowed up to 14 firearms for unspecified
reasons (as allowed under the Arms and Ammunitions Act) and another group who
obtain only restricted numbers of firearms under the new law. This would put in
place a system that would be cumbersome and unfair.
At the same time, one of the key functions of the Firearms Control Act is to
slow the proliferation of firearms. Since 1995, the police have linked the
growth of violent crime to access to firearms. Illegal guns are of diverse
origins. However, it is clear that civilian firearms are a significant source.
Police statistics show that between 1994 and 2003, 208,000 guns were reported
lost or stolen from private citizens. The Small Arms Survey reports that
South African statistics, here, are "especially dramatic" (Small Arms
Survey 2004, p. 63) and given "At the most recently published theft and
loss rates, the chance that anyone of these guns would be reported lost was one
in 160 every year." While the police may recover a good number of
firearms, the remainder very likely flow into the illegal pool.
This places real, practical constraints on how we issue gun licences. It urges
that we move away from a culture of entitlement and towards a culture of social
responsibility, where firearm licences are only issued to people who can
demonstrate need.
Conclusion
We would like to conclude by thanking the Portfolio Committee for allowing us
this opportunity of presenting our views and by wishing it great strength and
wisdom as it deals with this critical issue.
References
Keegan, M (2005). The Proliferation of Firearms in South Africa, 1994-2003.
Johannesburg: Gun Free South Africa.
Masuku, S. (2003) "For Better and For Worse: South African Crime Trends in
2002," SA Crime Quarterly, (Institute for Security Studies), 3 (March
2003),p.17.
Small Arms Survey 2004. Geneva: Graduate Institute of International Studies.