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NEW SA Firearms control Act. How it will affect you

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Original Post Date: 2001-09-07 Time: 13:53:28  Posted By: Jan

Common Questions and Answers

If you think you cannot do anything to protect your firearm ownership
future, think again, read this and discover what you can do.

How does the proposed firearm Act impact on all South Africans?

There are aspects of this Act which also affect those who do not own
firearms. These include:

* The right for the Police to search any premises, vehicle or persons
without a search warrant.

* The Act also allows the taking of finger prints and DNA samples
without charges being laid.

* If an unlicenced firearm or ammunition is found on your premises,
you are presumed guilty and must prove innocence.

* You do not have the right to silence.

How many firearms will we be allowed to have?

* Self-defence:- One handgun.

* Restricted self-defence:- (must prove that a handgun is
insufficient) one shotgun not automatic or semi-automatic rifle.

* Occasional hunter or sports person:- Four in total including any for
self-defence. Limited to maximum two handguns and no semi auto rifles
or shotguns.

* Dedicated sports person, hunter or collector:- Not limited provided
need is proven.

Will I lose any of my existing firearms?

Yes, if you possess firearms in excess of those permitted above
these firearms will be declared “excess” and must be disposed of within
60 days.

Is there anything else I will lose?

Yes. Certain parts of firearms (frames, slides, receivers, actions)
will now be deemed to be firearms and must be licensed. These licences
will be included as part of the limits imposed.

Will ammunition be limited?

Yes, as well as primers which will now be considered to be
ammunition. You may not have more than 200 rounds or 2400 primers per
licence in your possession at any time. If you already possess more
than this they will be deemed excess. Dedicated hunters or sports person
will not be subject to restrictions. Collectors are limited to 200 of any one
calibre.

What will happen to “excess” firearms and ammunition?

They must be disposed of within 60 days of them being declared
excess or handed to the State for destruction without compensation. The
practicality of selling excess firearms is questionable as second hand
firearms are unlikely to be in demand due to the new legislation.

Is it possible for competitive shooters to own more firearms?

Yes, the shooter must be a registered Dedicated Hunter or Sports
Person, in which case no restriction applies. You will have to prove
need for each additional license.

How does one become a Dedicated Hunter or Sports Person?

You will have to submit a special application to become a registered
“dedicated” person. The process and the definition of Dedicated is
currently being defined in the regulations, however it will at the least
involve proving membership of an Accredited Hunting or Sporting association
and proving regular hunting or competitive sports shooting.

Can I share firearms with family members?

A firearm licensed for self-defence or occasional hunting or sport
may be co-licensed to another person who fulfils the requirements to
possess a firearm licence and who resides in the same premises. A firearm may
not be lent to another person.

What certification and training is required?

All firearm owners will have to be certificated showing competency
in each class of firearm and knowledge of the Firearms Control Act.
This certification expires after 5 years and must then be repeated.

Will belonging to a shooting club help me?

Only if the club is affiliated to a recognised National body.
Regulations affecting this are currently being promulgated. You will
have to be an active member of that club taking part in recognised
competitions. The National body will probably be required to keep a register
of your shooting activities, proving regular participation.

What is required for transport and storage of firearms?

No firearm may be displayed openly. Firearms must be stored in
approved safes and shotguns and rifles are to be transported in gun
bags. Hand guns are to be concealed.

When can I use a firearm for self protection?

In basic terms, a firearm may only be used for the defense of
oneself or another person in a life threatening situation.

What are the penalties of transgression of the laws?

Severe. Some examples are:

* 10 year jail sentence for not carrying your firearms licence.

* 15 year sentence for failure to report the location of an unlicensed
firearm to the SAPS

* 5 year jail sentence for failure to lock away a firearm in an
approved safe.

What costs can I anticipate?

The periodic re-licensing of firearms and re-testing of owners for
competency are legislated. High licensing fees can be anticipated as
well as fees for accreditation and training. Regular shooters will be forced
to belong to and pay membership fees to a recognised body. SABS approved
safes or strong rooms are mandatory. Many additional “hidden” costs are
likely to increase firearm and ammunition costs.

If you think you cannot do anything to reverse this process, think
again and discover what you can do. Voice your concern or opposition to the
Firearm Control Act and stay abreast of happenings.


I will shortly be adding the SA Firearm Forum to the mailing lists section
where you can join their list and discuss and follow developments.