DOMESTIC VIOLENCE
It has been proposed that a section 6(4) should be inserted in the Act,
providing as follows:
6(4) Applications for competency certificates and licences to possess firearms
will be suspended when the applicant is the subject of a temporary protection
order under the Domestic Violence Act, 1998.
Regulation 14 of the present Firearms Control Regulations of 2004, provides
that a key indicator for refusing a competency certificate application is
whether in the past five years the applicant has been served with a protection
order in terms of the Domestic Violence Act, 1998, or visited by a police
official concerning allegations of violence in the applicant's home.
Section 6(6) of the Domestic Violence Act provides that:
(6) The clerk of the court must forthwith in the prescribed manner forward certified
copies of any protection order and of the warrant of arrest contemplated in
section 8 (1) (a) to the police station of the complainant's choice.
We agree that it is of the utmost importance that reporting of such order be
related to pending applications for firearms licences and competency
certificates, permits and authorizations.
It is therefore proposed that we insert a new subregulation 14(10), which
should provide that:
"14(10) Whenever a certified copy of any protection order or a warrant of arrest
contemplated in section 8 (1) (a) of the Domestic Violence Act is received at a
police station, the station commissioner must refer it to the relevant
Designated Firearms Officer, in order to determine whether it relates to any
application for a licence, competency certificate, permit or authorization
received by him."