Parliamentary Sec' to GOSA. (FCAB -B12)

Items of historical interest.

Moderator: GenMod

Parliamentary Sec' to GOSA. (FCAB -B12)

Postby Martin_tu » Tue, 2006-06-20 15:14

REPUBLIC OF SOUTH AFRICA - FIREARMS CONTROL AMENDMENT BILL

(As introduced in the National Assembly as a section 75 Bill; explanatory summary of Bill published in Government Gazette No. 28843 of 19 May 2006) (The English text is the offıcial text of the Bill)

(MINISTER OF SAFETY AND SECURITY) [B 12—2006] ISBN 0 621 36271 9 No. of copies printed .................................... 1 800

GENERAL EXPLANATORY NOTE:
[]Words in bold type in square brackets indicate omissions from existing enactments. Words underlined with a solid line indicate insertions in existing enactments.

BILL.

To amend the Firearms Control Act, 2000, so as to amend, delete and insert certain definitions; to provide for the control of muzzle loading firearms; to provide for the control of a certain device; to provide for the Registrar to determine the sufficiency of the set of fingerprints an applicant must from time to time provide; to provide for a written notification in respect of the substitution of a responsible person; to provide for a procedure to cancel an accreditation; to provide for the renewal of a competency certificate; to delete the restriction on magazine capacity of a semi-automatic shotgun for use by a dedicated hunter or sports person; to provide that prohibited and restricted firearms may only be collected if made inoperable; to provide for the cancellation of a temporary permit to possess a firearm; to extend the validity period of licences and permits; to subject the export of firearms and ammunition to the relevant provisions of the National Conventional Arms Control Act, 2002; to provide for non-automatic disqualification to possess a firearm in the event of the payment of an admission of guilt fine; to provide for the holding of an inquiry contemplated in section 102 in the absence of the person concerned under certain circumstances; to amend the procedure for the cancellation of certain licences, permits, authorisations and competency certificates; to provide for the establishment of an informal consultative forum, and to provide for compliance with the provisions of the National Heritage Resources Act, 1999, in instances where firearms are to be destroyed; and to provide for matters connected therewith.

BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:—

Amendment of section 1 of Act 60 of 2000, as amended by section 1 of Act 43 of 2003

1. Section 1 of the Firearms Control Act, 2000 (hereinafter referred to as the principal Act), is hereby amended—

(a) by the substitution for the definition of ‘‘ammunition’’ of the following definition: ‘‘ ‘ammunition’ means a primer or [complete] cartridge;’’;

(b) by the deletion of the definition of ‘‘antique firearm’’;

(c) by the substitution for the definition of ‘‘cartridge’’ of the following 10 definition: ‘‘ ‘cartridge’ means a complete object consisting of a cartridge case, primer (whether rimfire or otherwise), propellant and a bullet or shot, as the case may be;’’;

(d) by the substitution in the definition of ‘‘firearm’’ for the words following upon paragraph (e) of the following words: ‘‘but does not include a muzzle loading firearm or any device contemplated in section 5;’’;

(e) by the insertion after the definition of firearm’’ of the following definition: 5 ‘‘ ‘fit and proper person’ means a person who complies with the requirements of section 9(2);’’;

(f) by the substitution for the definition of ‘‘juristic person’’ of the following definition: ‘‘ ‘juristic person’ includes a trust [a partnership and any other 10 association of persons];’’;

(g) by the insertion after the definition of Minister’’ of the following definition: ‘‘ ‘muzzle loading firearm’ means a barrelled portable weapon that can fireonly a single shot per barrel and which requires, after every shot fired, individual reloading through the crown of the barrel with separate 15 components consisting of—

(a) a measured black powder charge, primed with a flintlock or percussion cap;
(b) a wad; and
(c) a pure lead ball functioning as a projectile;’’; 20
(h) by the substitution for the definition of ‘‘occasional hunter’’ of the following definition: ‘‘ ‘occasional hunter’ means any person who, from time to time, participates in hunting activities [but who is not a member of an accredited hunting association];’’; 25
(i) by the substitution for the definition of ‘‘occasional sports person’’ of the following definition: ‘‘ ‘occasional sports person’ means any person who, from time to time, participates in sports-shooting [but who is not a member of an accredited sports-shooting organisation];’’; and 30
(j) by the insertion after the definition of ‘‘restricted firearm’’ of the following definition: ‘‘ ‘Secretary for Safety and Security’ means the Secretary for Safety and Security appointed under section 2(2) of the South African Police Service Act, 1995 (Act No. 68 of 1995);’’. 35

Substitution of section 3 of Act 60 of 2000

2. The following section is hereby substituted for section 3 of the principal Act: ‘‘General prohibition in respect of firearms and muzzle loading firearms.

3. (1) No person may possess a firearm unless he or she holds for that 40 firearm—

(a) a licence, permit or authorisation issued in terms of this Act [for that firearm];or
(b) a licence, permit, authorisation or registration certificate contemplated in item 1, 2, 3, 4, 4A or 5 of Schedule 1.45

(2) No person may possess a muzzle loading firearm unless he or she has been issued with the relevant competency certificate.’’.

Amendment of section 4 of Act 60 of 2000, as amended by section 2 of Act 43 of 2003

3. Section 4 of the principal Act is hereby amended—
(a) by the addition to subsection (1) of the following paragraph: 50
‘‘(g) a device designed to be attached to the barrel of a firearm in order to muffle the report.’’; and

(b) by the insertion after subsection (1) of the following subsection:

‘‘(1A) Despite subsection (1), the Registrar may authorise the possession of a device contemplated in subsection (1)(g) on application 55 in the prescribed manner and subject to such conditions as the Registrar may determine.’’.
Amendment of section 5 of Act 60 of 2000
4. Section 5 of the principal Act is hereby amended by the substitution in subsection
(1) for paragraph (e) of the following paragraph: ‘‘(e) [an antique] a muzzle loading firearm;’’.
Amendment of section 6 of Act 60 of 2000 5
5. Section 6 of the principal Act is hereby amended by the substitution in subsection
(1) for paragraph (a) of the following paragraph:
‘‘(a) on receipt of an application completed in the prescribed form, including [a full set of] such fingerprints of the applicant as the Registrar may require; and’’.
Amendment of section 7 of Act 60 of 2000 10
6. Section 7 of the principal Act is hereby amended—
(a) by the substitution for subsection (4) of the following subsection:
‘‘(4) If it becomes necessary to replace a responsible person for any reason, the juristic person must in writing—
(a) nominate a new responsible person who must be in possession of 15 the relevant competency certificate; and
(b) notify the Registrar of the nomination within seven days from the date of the nomination.’’; and

(b) by the addition of the following section: ‘‘(5) For the purposes of this Act, a juristic person includes a trust, as 20
long as the trust deed—
(a) clearly provides for the possession of firearms, ammunition or muzzle loading firearms by the trust;
(b) stipulates clearly the intended purpose of the possession of firearms, ammunition or muzzle loading firearms by the trust; and
(c) indicates that the possession of the firearms, ammunition or muzzle loading firearms by the trust may only endure as long as the possession is necessary to achieve the stated intended purpose.’’.

25
Amendment of section 8 of Act 60 of 2000
7. Section 8 of the principal Act is hereby amended— 30
(a) by the substitution for subsection (3) of the following subsection:
‘‘(3) (a) The Registrar may, by notice in writing, cancel an accreditation if—
(i) there is no longer compliance with any criterion for accreditation;
(ii) the holder of the accreditation no longer qualifies to hold the 35

accreditation in terms of this Act; or
(iii) the holder of the accreditation has contravened or failed to comply with any provision of this Act or any condition specified in the accreditation.
(b) A notice contemplated in subparagraph (a) may only be issued if the Registrar has— (i) given the holder of the accreditation 30 days’ notice in writing of the grounds on which the cancellation is to be considered; (ii) informed the holder concerned in writing that he or she may submit written representations as to why the accreditation should not be cancelled; and 40 45
(b) (iii) duly considered any representations received and all the facts pertaining to the matter.’’; and by the addition of the following subsections: ‘‘(4) (a) If a notice contemplated in subsection (3)(a) is issued, the 50

former holder of the accreditation must dispose of the firearm in question through a dealer or in such manner as the Registrar may determine.
(b) The disposal must take place within 60 days after receipt of the notice.
(5) If the firearm is not disposed of within 60 days—
(a) it must be forfeited to the State; and
(b) the former holder of the accreditation must surrender it immediately at such place and in such manner as the Registrar may determine.
(6) Any period contemplated in this section may be extended by the Registrar on good cause shown.’’.

Amendment of section 9 of Act 60 of 2000, as amended by section 3 of Act 43 of 2003
8. Section 9 of the principal Act is hereby amended by the substitution for subsection
(1) of the following subsection:
‘‘(1) An application for a competency certificate to possess a firearm, to possess a muzzle loading firearm, to trade in firearms, to manufacture firearms or to carry on business as a gunsmith must be delivered to the Designated Firearms Officer responsible for the area in which the applicant ordinarily resides or in which the applicant’s business is or will be situated, as the case may be.’’.
Amendment of section 10 of Act 60 of 2000
9. Section 10 of the principal Act is hereby amended—
(a) by the insertion in subsection (1)(a) after subparagraph (i) of the following
subparagraph:
‘‘(iA) possess a muzzle loading firearm;’’;
(b) by the substitution for subsection (2) of the following subsection:
‘‘(2) A competency certificate [lapses after five years from its date of
issue] contemplated in subsection (1)(a)(i), (ii), (iii) and (iv), remains

valid for the same period of validity as the period determined in this Act in respect of the licence to which the competency certificate relates, unless the licence is terminated or renewed in accordance with the provisions of this Act.’’; and
(c) by the addition of the following subsection:
‘‘(3) A competency certificate relating to a muzzle loading firearm lapses after ten years from its date of issue, unless the competency certificate is terminated or renewed in accordance with the provisions of this Act.’’.
Insertion of section 10A in Act 60 of 2000
10. The following section is hereby inserted in the principal Act after section 10:
‘‘Renewal of competency certificate
10A. (1) The holder of a competency certificate contemplated in section
(2) who wishes to renew the competency certificate must apply in the prescribed form to the Registrar for its renewal together with an application for the renewal of the licence to which the competency certificate relates.
(2) The holder of a competency certificate relating to a muzzle loading firearm who wishes to renew the competency certificate must apply at least 90 days before the date of expiry of the competency certificate in the prescribed form to the Registrar for its renewal.
(3) The application for renewal of a competency certificate must be—
(4) No application for the renewal of a competency certificate may be granted unless the applicant satisfies the Registrar that he or she still complies with the requirements for the issuing of a competency certificate in terms of this Act.
(5) The Registrar may grant or refuse the renewal of a competency certificate on the strength of the information and declaration provided by the applicant, but nothing in this section prevents the Registrar from
exercising his or her powers in terms of section 124(3)(a), prior to granting or refusing the application.
(6) If an application for the renewal of a competency certificate has been lodged within the period provided for in subsection (2), the competency certificate remains valid until the application is decided.
(7) For the purposes of the renewal of a competency certificate an applicant does not have to comply again with the provisions of section 9(2)(q) and (r), unless the Registrar in a specific case, on good grounds being present, requires otherwise.’’.

(a) accompanied by a declaration under oath or solemn statement made by
the applicant in the prescribed form confirming that the applicant still
conforms to the requirements of section 9(2); and
(b) delivered by the applicant to the Designated Firearms Officer
responsible for the area in which the applicant ordinarily resides or in
which the applicant’s business is or will be situated, as the case may
be.

Amendment of section 16 of Act 60 of 2000, as amended by section 4 of Act 43 of
10. Section 16 of the principal Act is hereby amended by the deletion in subsection (1) of paragraph (c).
Substitution of section 17 of Act 60 of 2000
11. The following section is hereby substituted for section 17 of the principal Act:
‘‘Licence to possess firearm in private collection
17. (1) (a) A firearm or muzzle loading firearm which may be possessed in a private collection is any firearm or muzle loading firearm—
(i) approved for collection by an accredited collectors association;
(ii) certified as a collectable item having heritage value by the South African Heritage Resources Authority; and

(iii) complying with any other criteria which the Minister may prescribe in respect of collection of firearms.
(b) Despite section 4, such prohibited or restricted firearm as may be prescribed may be licensed under this section.
(2) The Registrar may issue a licence in terms of this section to a private collector if the application is accompanied by a sworn statement or solemn declaration from the chairperson of an accredited collectors association, or someone delegated in writing by him or her, stating that the applicant is a registered member of that association and qualifies to collect the firearm, prohibited firearm or restricted firearm.
(3) The holder of a licence issued in terms of this section—

(a) must store the firearm at the place specified in the licence; and
(b) may only display the firearm in accordance with such safety measures
as may be prescribed.

(3A) Before a prohibited or restricted firearm is stored in terms of subsection (3)(a), it must undergo such reversible non-damaging procedure as may be prescribed in order to ensure that no cartridge can be loaded into or discharged from that firearm.
(4) A firearm in respect of which a licence has been issued in terms of this section may be used where it is safe to use the firearm and for a lawful purpose.’’.
Amendment of section 19 of Act 60 of 2000
12. Section 19 of the principal Act is hereby amended—
(a) by the substitution in subsection (2) for paragraph (a) of the following paragraph:
‘‘(a) such prohibited and restricted firearm as may be prescribed may be licensed under this section; and’’;
(b) by the substitution for subsection (4) of the following subsection:

‘‘(4) A firearm, prohibited firearm and restricted firearm in respect of which a licence has been issued in terms of this section and ammunition in respect of which a permit has been issued in terms of this section, may only be displayed—
(a) in an accredited museum; and
(b) in accordance with such safety measures as may be prescribed.’’; and

(c) by the insertion after subsection (4) of the following subsection:
‘‘(4A) Before a prohibited or restricted firearm is displayed in terms of subsection (4), it must undergo such reversible non-damaging procedure as may be prescribed in order to ensure that no cartridge can be loaded into or discharged from that firearm.’’.
Amendment of section 21 of Act 60 of 2000
13. Section 21 of the principal Act is hereby amended by the substitution for subsection (2) of the following subsection:
‘‘(2) (a) The Registrar may, subject to paragraph (b), at any time by written notice withdraw an authorisation if any condition contemplated in subsection (1)(b) is not complied with.
(b) A withdrawal notice contemplated in paragraph (a) may only be issued if the
Registrar has—
(i) given the holder of the authorisation reasonable notice in writing of the
grounds on which the withdrawal is to be considered;
(ii) informed the holder concerned in writing that he or she may submit written
representations as to why the authorisation should not be cancelled; and
(iii) duly considered any representations received and all the facts pertaining to the
matter.’’.

Substitution of section 22 of Act 60 of 2000
14. The following section is hereby substituted for section 22 of the principal Act: ‘‘Holder of licence may allow another person to use firearm
22. Despite anything to the contrary in this Act but subject to section 120(5), any person who is at least 21 years of age and the holder of a licence to possess a firearm or a competency certificate in respect of a muzzle
loading firearm issued in terms of this Act may allow any other person to use that firearm or muzzle loading firearm while under his or her immediate supervision where it is safe to use the firearm or muzzle loading firearm and for a lawful purpose.’’.
Substitution of section 27 of Act 60 of 2000
15. The following section is hereby substituted for section 27 of the principal Act: ‘‘Period of validity of licence or permit
27. A licence or permit mentioned in Column 2 of the Table below remains valid for the period mentioned in Column 3 of that Table.
TABLE PERIOD OF VALIDITY OF LICENCE OR PERMIT
Section number Type of licence or permit Period of validity
13 Licence to possess firearm for self-defence Five years
14 Licence to possess restricted firearm for self-defence Two years
15 Licence to possess firearm for occasional hunting and sports-shooting [Ten] 10 years
16 Licence to possess firearm for dedicated hunting and dedicated sports-shooting [Ten] 10 years
17 Licence to possess firearm in private collection [Ten] 10 years
18 Permit to possess ammunition in private collection [Ten] 10 years

Section number Type of licence or permit Period of validity
19 Licence to possess firearm, and permit to possess ammunition, in public collection [Ten] 10 years
20 Licence to possess firearm for business purposes: Business as game rancher and in hunting [Five]10 years
20 Licence to possess firearm for business purposes: Business other than as game rancher and in hunting [Two] Five years

Substitution of section 31 of Act 60 of 2000
16. The following section is hereby substituted for section 31 of the principal Act:
‘‘Prohibition of unlicensed trading in firearms, muzzle loading firearms or ammunition
31. (1) No person may trade in any firearm, muzzle loading firearm or ammunition without a dealer’s licence.
(2) Subject to subsection (3), a person who is not a dealer may dispose of a firearm, muzzle loading firearm or ammunition only through a dealer or as otherwise provided for in this Act.
(3) A person who wishes to sell or donate a firearm or muzzle loading firearm to a willing buyer or donee, as the case may be, may do so without the intervention of a dealer, but on such conditions as the Designated Firearms Officer may determine.’’.

Amendment of section 42 of Act 60 of 2000
17. Section 42 of the principal Act is hereby amended by the substitution in subsection
(1) for paragraph (a) of the following paragraph:
‘‘(a) upon the expiry of [one year] five years from the date on which it was issued;’’.
Substitution of section 45 of Act 60 of 2000
18. The following section is hereby substituted for section 45 of the principal Act:
‘‘Prohibition of unlicensed manufacture of firearms, muzzle loading firearms and ammunition
45. (1) No person may manufacture any firearm, muzzle loading firearm or ammunition without a manufacturer’s licence.
(2) A manufacturer may only sell firearms, muzzle loading firearms and ammunition to a dealer or to the State, and may export firearms, muzzle loading firearms and ammunition subject to section 73(1).’’.
Amendment of section 56 of Act 60 of 2000
19. Section 56 of the principal Act is hereby amended by the substitution in subsection
(1) for paragraph (a) of the following paragraph:
‘‘(a) upon the expiry of [one year] five years from the date on which it was issued;’’.
Amendment of section 70 of Act 60 of 2000
20. Section 70 of the principal Act is hereby amended by the substitution in subsection
(1) for paragraph (a) of the following paragraph:
‘‘(a) upon the expiry of [one year] five years from the date on which it was issued;’’.
Substitution of section 73 of Act 60 of 2000
21. The following section is hereby substituted for section 73 of the principal Act:
‘‘Prohibition of import, export or carriage in-transit of firearms, muzzle loading firearms and ammunition without permit
73. (1) No person may import into or export from South Africa any 5 firearms, muzzle loading firearms or ammunition without an import or export permit issued in terms of this Act.
(2) No person may carry in transit through South Africa any firearms, muzzle loading firearms or ammunition without an in-transit permit issued in terms of this Act.’’. 10
Amendment of section 88 of Act 60 of 2000
22. Section 88 the principal Act is hereby amended by the addition of the following
subsection: ‘‘(3) A notice contemplated in subsection (1) may only be issued if the
Registrar has— 15
(a) given the holder of the permit reasonable notice in writing of the grounds on which the withdrawal is to be considered;
(b) informed the holder concerned in writing that he or she may submit written representations as to why the permit should not be cancelled; and
(c) duly considered any representations received and all the facts pertaining to the

20 matter.’’.
Amendment of section 96 of Act 60 of 2000
23. Section 96 of the principal Act is hereby amended by the substitution for subsection (2) of the following subsection:
‘‘(2) An application for the export of firearms and ammunition made in terms of 25 this Act must be submitted by the Registrar to the National Conventional Arms Control Committee in accordance with section 4(3) of the National Conventional Arms Control Act, 2002 (Act No. 41 of 2002).’’.
Amendment of section 102 of Act 60 of 2000
24. Section 102 of the principal Act is hereby amended— 30
(a) by the substitution for the heading of the following heading:
‘‘Declaration by Registrar of person as unfit to possess firearm or
muzzle loading firearm’’;
(b) by the substitution in subsection (1) for the words preceding paragraph (a) of
the following words: 35 ‘‘The Registrar may declare a person unfit to possess a firearm or muzzle loading firearm if, on the grounds of information contained in a statement under oath or affirmation including a statement made by any person called as a witness, it appears that—’’;
(c) by the substitution in subsection (1) for paragraphs (b) and (c) of the following 40 paragraphs, respectively:

‘‘(b) that person has expressed the intention to kill or injure himself or herself or any other person by means of a firearm, muzzle loading firearm or any other dangerous weapon;
(c) because of that person’s mental condition, inclination to violence or 45 dependence on any substance which has an intoxicating or narcotic effect, the possession of a firearm or muzzle loading firearm by that person is not in the interests of that person or of any other person;’’; and
(d) by the deletion in subsection (1) of the word ‘‘or’’ at the end of paragraph (d),
the insertion of the word ‘‘or’’ at the end of paragraph (e) of that subsection
and the addition to that subsection of the following paragraph:
‘‘(f) that person has paid an admission of guilt fine contemplated in
section 103(6) in respect of an offence contemplated in section
103(1) or 103(2)(a).’’;
(e) by the substitution in subsection (2) for paragraph (a) of the following
paragraph:
‘‘(a) by notice in writing delivered by hand to the person, has called upon
the person to appear before the Registrar at a time and place
determined therein in order to advance reasons as to why that person
should not be declared unfit to possess a firearm or muzzle loading
firearm;’’;
(f) by the substitution in subsection (2) for paragraph (c) of the following
paragraph:
‘‘(c) has duly considered the matter having regard to—
(i) any reasons, submissions and evidence advanced under oath
or affirmation by or on behalf of that person; or
(ii) any other information contained in a statement under oath or
affirmation or evidence at his or her disposal;’’;
(g) by the substitution in subsection (2) for paragraph (e) of the following
paragraph:
‘‘(e) does not rely solely on the same facts relating to a conviction in
respect of which a court has made a determination in terms of
section 103(1) or (2) that the person is not unfit to possess a firearm
or muzzle loading firearm.’’; and
(h) by the insertion after subsection (2) of the following subsection:
‘‘(2A) Upon proof that the notice contemplated in subsection (2)(a)
was duly delivered or tendered to the person to whom it was addressed,
the Registrar may proceed with an inquiry at the time specified in that
notice, whether or not the person concerned complies with the notice.’’.

Amendment of section 103 of Act 60 of 2000
25. Section 103 of the principal Act is hereby amended—
(a) by the substitution for the heading of the following heading:
‘‘Declaration by court of person to be unfit to possess firearm or muzzle loading firearm’’;
(b) by the substitution in subsection (1) for the words preceding paragraph (a) of
the following words: ‘‘Unless the court determines otherwise, a person becomes unfitto possess a firearm or muzzle loading firearm if convicted of—’’;
(c) by the substitution in subsection (1) for paragraphs (a) and (b) of the following paragraphs, respectively:

‘‘(a) the unlawful possession of a firearm or ammunition or muzzle loading firearm;
(b) any crime or offence involving the unlawful use or handling of a firearm or muzzle loading firearm, whether the firearm or muzzle loading firearm was used or handled by that person or by another participant in that offence;’’;
(d) by the substitution in subsection (1) for paragraphs (e) and (f) of the following paragraphs, respectively:
‘‘(e) an offence involving the handling of a firearm or muzzle loading firearm while under the influence of any substance which has an intoxicating or narcotic effect;
(f) any other crime or offence in the commission of which a firearm or muzzle loading firearm was used, whether the firearm or muzzle loading firearm was used or handled by that person or by another participant in the offence;’’; and
(e) by the addition of the following subsections: ‘‘(6) This section does not apply in respect of the payment of an
admission of guilt fine in terms of section 57 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977).
(7) When a person becomes or is declared unfit to possess a firearm or muzzle loading firearm in terms of this section, the court dealing with the case must determine the duration of unfitness, which duration must depend on the seriousness of the conduct which gave rise to the unfitness and which may not be less than 10 years calculated from the date of conviction.’’.
Amendment of section 104 of Act 60 of 2000, as amended by section 11 of Act 43 of
26. Section 104 of the principal Act is hereby amended—
(a) by the substitution in subsection (2) for the words preceding paragraph (a) of
the following words: ‘‘A person who becomes or is declared unfit to possess a firearm or muzzle loading firearm in terms of section 102 or 103 must within 24 hours surrender to the nearest police station—’’;
(b) by the substitution in subsection (2) for paragraph (b) of the following
paragraph: ‘‘(b) all firearms or muzzle loading firearms in his or her possession;’’;
(c) by the substitution for subsection (3) of the following subsection:

‘‘(3) (a) A person who has surrendered his or her firearm or muzzle loading firearm as contemplated in subsection (2) must dispose of the firearm and ammunition or muzzle loading firearm through a dealer or in such manner as the Registrar may determine—
(i) if an appeal is lodged and that appeal is unsuccessful, within 60 days
of the finalisation of the appeal; or
(ii) if no appeal is lodged, within 60 days of the receipt of a written
notice from the Registrar informing the person of his or her
unfitness to possess a firearm or muzzle loading firearm.

(b) If the firearm and ammunition or muzzle loading firearm are not disposed of within 60 days, they must be forfeited to the State and destroyed or disposed of as prescribed.
(c) The period of 60 days referred to in this subsection may be extended by the Registrar on good cause shown.
(d) For the purposes of [subsection (3)(a)] paragraph (a), the Registrar must release the firearm and ammunition or muzzle loading firearm in question to a dealer identified by the relevant person, for disposal by that dealer on behalf of the person.’’; and

(d) by the substitution for subsections (5) and (6) of the following subsections, respectively:
‘‘(5) If the decision leading to the status of unfitness to possess a firearm or muzzle loading firearm of any person is set aside, any seized or surrendered firearm, ammunition, muzzle loading firearm, licence, permit or authorisation belonging to any such person, must be returned.
(6) Subject to section 9(3)(b) and after a period of five years calculated from the date of the decision leading to the status of unfitness to possess a firearm or muzzle loading firearm, the person who has become or been declared unfit to possess a firearm or muzzle loading firearm may apply for a new competency certificate, licence, authorisation or permit in accordance with the provisions of this Act.’’.
Amendment of section 110 of Act 60 of 2000
27. Section 110 of the principal Act is hereby amended by the substitution for subsections (1) and (2) of the following subsections, respectively:
‘‘(1) Chapter 2 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), applies with the necessary changes to the entry of premises, search for and seizure of any firearm, muzzle loading firearm, imitation firearm, airgun, device or ammunition referred to in this Act.
(2) In the application of Chapter 2 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), as contemplated in subsection (1), section 20 of the said Act must be construed as if the following paragraph had been added to it: ‘(d) which is a firearm, muzzle loading firearm or ammunition as defined in section
1 of the Firearms Control Act, 2000, and is on reasonable grounds believed to be in the possession or under the control of a person, who by reason of any physical or mental condition, is incapable of having proper control of any firearm, muzzle loading firearm or ammunition or who by such reason presents a danger of harm to himself or herself or to any other person.’’’.
Amendment of section 111 of Act 60 of 2000
28. Section 111 of the principal Act is hereby amended by the substitution in
subsection (1) for the words preceding paragraph (a) of the following words: ‘‘Despite anything to the contrary in this Chapter, any police official or person authorised as such by the National Commissioner or any provincial commissioner of the South African Police Service, may, in the course of official policing operations contemplated in section 13 (6), (7) or (8) of the South African Police Service Act, 1995 (Act No. 68 of 1995), search any person, premises, container, vehicle, vessel or aircraft and seize any firearm, muzzle loading firearm, imitation firearm, airgun, device or ammunition—’’.
Amendment of section 113 of Act 60 of 2000
29. Section 113 of the principal Act is hereby amended by the substitution for subsection (4) of the following subsection:
‘‘(4) A police official may do such tests, or cause such tests to be done, as may be necessary to determine whether a person suspected of having handled or discharged a firearm or muzzle loading firearm has indeed handled or discharged a firearm or muzzle loading firearm.’’.
Substitution of section 114 of Act 60 of 2000
30. The following section is hereby substituted for section 114 of the principal Act:
‘‘Ballistic testing
114. (1) Any police official may seize, test-fire and examine such number of firearms or muzzle loading firearms as are necessary or such ammunition as is necessary, if—
(a) there are reasonable grounds to suspect that one or more of the firearms or muzzle loading firearms or the ammunition has been used in the commission of an offence which is punishable in terms of this Act with imprisonment for a period of five years or longer; and
(b) there are reasonable grounds to believe that one or more of the firearms or muzzle loading firearms or the ammunition or the results of the test-firing and examination, will be of value in the investigation by excluding or including—
(i) one or more of those firearms or muzzle loading firearms or the ammunition as having been used in the commission of the offence; or
(ii) one or more persons as possible perpetrators of the offence.
(2) The person who has control over a firearm, muzzle loading firearm or ammunition seized in terms of this section must immediately return it or otherwise dispose of it in terms of this Act when it is clear that it will not be of value as evidence.’’.

Amendment of section 117 of Act 60 of 2000, as amended by section 14 of Act 43 of
31. Section 117 of the principal Act is hereby amended—
(a) by the substitution in subsection (2) for the words preceding paragraph (a) of the following words:
‘‘Whenever a person is charged in terms of this Act with an offence of which the possession of a firearm, muzzle loading firearm or ammunition is an element, and the State can show that despite the taking of reasonable steps it was not able with reasonable certainty to link the possession of the firearm, muzzle loading firearm or ammunition to any other person, the following circumstances will, in the absence of evidence to the contrary which raises reasonable doubt, be sufficient evidence of possession by that person of the firearm, muzzle loading firearm or ammunition where it is proved that the firearm or ammunition or muzzle loading firearm was found—’’;
(b) by the substitution in subsection (2)(c) for subparagraphs (iii) and (iv) of the following subparagraphs, respectively:

‘‘(iii) present in the immediate vicinity of the place on the premises where the firearm, muzzle loading firearm or ammunition was found and the circumstances indicate that the firearm, muzzle loading firearm or ammunition should have been visible to that person; or
(iv) in control of a locker, cupboard or other container within which the firearm, muzzle loading firearm or ammunition was found;’’;
(c) by the substitution in subsection (2)(d) for subparagraphs (iv) and (v) of the following subparagraphs, respectively:
‘‘(iv) the consignor of any goods in or among which the firearm, muzzle loading firearm or ammunition was found;
(v) the only person who had access to the firearm, muzzle loading firearm or ammunition;’’;
(d) by the substitution in subsection (2)(g) for subparagraph (ii) of the following subparagraph:
‘‘(ii) where the circumstances indicate that the firearm, muzzle loading firearm or ammunition should have been visible to no one besides the person;’’;
(e) by the substitution in subsection (2) for paragraphs (h) and (i) of the following paragraphs, respectively:

‘‘(h) on any vessel other than a vessel which was used to convey passengers for gain, and the person was, at the time—
(i) in charge of that vessel or that part of the vessel in which the firearm, muzzle loading firearm or ammunition was found;
(ii) ordinarily employed in the immediate vicinity of the place on the vessel where the firearm, muzzle loading firearm or ammunition was found; or

(iii) over the age of 16 years and present in that part of the vessel; or
(i) in the cargo of a vessel and the person was, at the time—
(i) in control of the cargo of the vessel; or
(ii) the consignor of any goods in or among which the firearm, muzzle loading firearm or ammunition was found.’’; and

(f) by the substitution in subsection (3) for paragraph (b) of the following paragraph:
‘‘(b) a firearm or muzzle loading firearm was discharged from that vehicle while the person was driving or was a passenger in the vehicle; and’’.
Amendment of section 118 of Act 60 of 2000
32. Section 118 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection:
‘‘(1) Whenever a person is charged with an offence in terms of this Act of failing to report the loss, theft or destruction of a firearm, or the dispossession of a firearm, and it is proved that such person was, at the time, the licensed or authorised possessor of the firearm alleged to have been lost, stolen, destroyed or dispossessed of, proof that the person has failed to produce such firearm within seven days of the request by a police official to do so, will, in the absence of evidence to the contrary which raises reasonable doubt, be sufficient evidence that the firearm has been lost, stolen, destroyed or dispossessed of.’’.
Insertion of section 119A in Act 60 of 2000
33. The following section is hereby inserted after section 119 in the principal Act: ‘‘Presumption relating to possession, loss and dispossession in respect
of additional licence 119A. Whenever proof is required for the purposes of this Act whether
the holder of a licence or the holder of an additional licence for a firearm was in possession, has lost or was dispossessed of that firearm or whether the keys to the safe, strong-room or device where the firearm must be stored on the premises were kept in safe custody and the State can show that despite the taking of reasonable steps it was not able with reasonable
10 certainty to link the possession, loss or dispossession of the firearm or keeping of the keys to either the holder of the licence or the holder of the additional licence, it will, in the absence of evidence to the contrary which raises reasonable doubt, be sufficient evidence of possession, loss or dispossession of the firearm or the keeping of the keys by the holder of the
15 licence if it is proved that adequate documentary proof of the handing over and receipt of the firearm or the keys to the additional holder is not available or could not be produced.’’.
Amendment of section 120 of Act 60 of 2000, as amended by section 15 of Act 43 of 2003 20
34. Section 120 of the principal Act is hereby amended—
(a) by the substitution in subsection (2) for paragraph (a) of the following paragraph:
‘‘(a) Any person who is aware of the existence of a firearm, muzzle loading firearm or ammunition that is not in the lawful possession of any 25 person and fails to report the location of the firearm, muzzle loading firearm or ammunition to a police official without delay, is guilty of an offence.’’;
(b) by the substitution for subsections (3) and (4) of the following subsections,

respectively: 30 ‘‘(3) It is an offence to—
(a) cause bodily injury to any person or cause damage to property of any person by negligently using a firearm, [an antique firearm] a muzzle loading firearm or an airgun;
(b) discharge or otherwise handle a firearm, [an antique firearm] a 35 muzzle loading firearm or an airgun in a manner likely to injure or endanger the safety or property of any person or with reckless disregard for the safety or property of any person; or
(c) have control of a loaded firearm, [an antique firearm] a muzzle loading firearm or an airgun in circumstances where it creates a risk 40 to the safety or property of any person and not to take reasonable precautions to avoid the danger.
(4) It is an offence to handle a firearm, [an antique firearm] a muzzle loading firearm or an airgun while under the influence of a substance which has an intoxicating or a narcotic effect.’’; 45

(c) by the substitution in subsection (5) for the words preceding paragraph (a) of
the following words: ‘‘A person is guilty of an offence if he or she gives control of a firearm, [an antique firearm,] a muzzle loading firearm or an airgun to a person whom he or she knows, or ought reasonably to have known—’’; and 50
(d) by the substitution in subsections (6) and (7) of the following subsections,

respectively:
‘‘(6) It is an offence to point—

(a) any firearm, [an antique firearm] a muzzle loading firearm or an airgun, whether or not it is loaded or capable of being discharged, at 55 any other person, without good reason to do so; or
(b) anything which is likely to lead a person to believe that it is a
firearm, [an antique firearm] a muzzle loading firearm or an airgun
at any other person, without good reason to do so.
(7) It is an offence to discharge a firearm, [an antique firearm] a
muzzle loading firearm or an airgun in a built-up area or any public place, 5
without good reason to do so.’’;
(e) by the substitution in subsection (9) for paragraph (e) of the following
paragraph:
‘‘(e) use a competency certificate, licence, permit or authorisation issued
in the name of another person to procure possession of a firearm, 10
muzzle loading firearm or ammunition;’’; and
(f) by the substitution in subsection (10) for paragraphs (a) and (b) of the
following paragraphs, respectively:
‘‘(a) sell, supply or in any other manner give possession of a firearm,
muzzle loading firearm or ammunition to a person who is not 15
allowed in terms of this Act to possess that firearm, muzzle loading
firearm or ammunition; or
(b) be in possession of any firearm, imitation firearm, muzzle loading
firearm or ammunition, with intent to commit an offence or to use
the firearm [or], an imitation firearm or muzzle loading firearm to 20
resist arrest or prevent the arrest of another person.’’.
Substitution of section 132 of Act 60 of 2000

35. The following section is hereby substituted for section 132 of the principal Act:
‘‘Establishment of Ministerial [Committees] Consultative Forum
132. [(1)] The Minister may establish such [committees] consultative 25 forums as may be appropriate to assist him or her [, or any other person appointed in terms of this Act,] in respect of any matter dealt with in this Act.
[(2) The composition and functions of the committees may be determined by the Minister. 30
(3) The conditions of office, remuneration, allowances and other benefits of members of the committees may be prescribed by the Minister with the approval of the Minister of Finance.]’’.
Amendment of section 133 of Act 60 of 2000
36. Section 133 of the principal Act is hereby amended by the addition of the 35 following subsection:
‘‘(5) For the purposes of subsection (3), the Appeal Board shall where required by a party to an appeal or within its own discretion issue a notice calling upon any person to give evidence or produce any article, book, accounts or record before the Appeal Board, and such notice shall have the force of a subpoena in a court of 40 law.’’.
Substitution of section 135 of Act 60 of 2000
37. The following section is hereby substituted for section 135 of the principal Act:
‘‘Circumstances where no compensation is payable in respect of firearms, muzzle loading firearms and ammunition seized by State 45
135. (1) No compensation is payable to a person from whom a firearm, muzzle loading firearm or ammunition was seized by the State if—
(a) no licence, permit or authorisation had been issued for such firearm, muzzle loading firearm or ammunition to that person in terms of this Act; or 50
(b) the firearm, muzzle loading firearm or ammunition was for any other reason unlawfully in the possession of that person.
(2) The lawful owner of a firearm or muzzle loading firearm or ammunition lost or stolen as a result of his or her negligence is not entitled to claim compensation if such firearm, muzzle loading firearm or ammunition is subsequently seized by the State from another person.’’.

Substitution of section 136 of Act 60 of 2000 5
38. The following section is hereby substituted for section 136 of the principal Act:
‘‘No compensation payable where firearms, muzzle loading firearms or ammunition are destroyed by State
136. (1) The Registrar may in respect of any firearm, muzzle loading firearm or ammunition seized by, surrendered to or forfeited to the State, 10 issue a notice in the Gazette stating that it is the intention of the State to destroy that firearm, muzzle loading firearm or ammunition.
(2) Any person who has a valid claim to the relevant firearm, muzzle loading firearm or ammunition may, within 21 days after the publication of the notice in the Gazette, make representations to the Registrar as to why 15 the firearm, muzzle loading firearm or ammunition should not be destroyed.
(3) If the Registrar is satisfied, after consideration of any representations contemplated in subsection (2), that a valid claim to the relevant firearm, muzzle loading firearm or ammunition has not been proved, the firearm, muzzle loading firearm or ammunition may be destroyed and no compen-20 sation will be payable to anyone in respect thereof.’’.

Amendment of section 137 of Act 60 of 2000
39. Section 137 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection:
‘‘(1) A person whose firearm or muzzle loading firearm has been surrendered or 25 forfeited to the State in circumstances other than those referred to in sections 134, 135 and 136 may apply to the Registrar for compensation in respect of that firearm or muzzle loading firearm in the prescribed form.’’.
Amendment of section 140 of Act 60 of 2000, as amended by section 17 of Act 43 of 2003 30
40. Section 140 of the principal Act is hereby amended by the substitution for subsections (2) and (3) of the following subsections, respectively:
‘‘(2) Unless authorised to do so in terms of a notice issued under subsection (1), no person may—
(a) allow any firearm, muzzle loading firearm or ammunition to be in a 35 firearm-free zone;
(b) carry any firearm, muzzle loading firearm or ammunition in a firearm-free zone; or
(c) store any firearm, muzzle loading firearm or ammunition in a firearm-free zone. 40
(3) A police official may, without warrant—
(a) search any building or premises in a firearm-free zone if he or she has a suspicion on reasonable grounds that a firearm, muzzle loading firearm or ammunition may be present in the firearm-free zone in contravention of a notice issued in terms of subsection (1); 45
(b) search any person present in a firearm-free zone; and
(c) seize any firearm, muzzle loading firearm or ammunition present in the firearm-free zone or on the person in contravention of a notice issued in terms of subsection (1).’’.

Amendment of section 145 of Act 60 of 2000 50
41. Section 145 of the principal Act is hereby amended—
(a) by the substitution in subsection (1) for paragraphs (b) and (c) of the following paragraphs, respectively:
17
‘‘(b) the surrendering of firearms, muzzle loading firearm and ammuni
tion to the South African Police Service;
(c) the production of any firearm or muzzle loading firearm to which
any application relates for the purpose of identification, and the
discharging of ammunition for identification purposes;’’; and 5
(b) by the substitution in subsection (1) for paragraph (e) of the following
paragraph:
‘‘(e) the fees or remuneration which may be charged by dealers in respect
of any firearm, muzzle loading firearm, or other device, required to
be disposed of through a dealer in terms of this Act;’’. 10
Substitution of section 146 of Act 60 of 2000
42. The following section is hereby substituted for section 146 of the principal Act:
‘‘Disposal of firearms, muzzle loading firearms and ammunition in case
of ceasing to carry on business
146. If a person who holds a licence issued in terms of section 20 or who 15
holds a licence, permit or authorisation contemplated in Chapter 7 or 8,
ceases to carry on business for any reason, [the] any firearms, muzzle
loading firearms and ammunition in possession of that person must be kept
in safe custody by the person and at the place designated by the Registrar,
until they are disposed of as prescribed.’’. 20
Amendment of section 147 of Act 60 of 2000
43. Section 147 of the principal Act is hereby amended by the substitution for
subsection (2) of the following subsection:
‘‘(2) The executor of the estate of a deceased person who comes into possession
of a firearm licensed to the deceased or muzzle loading firearm that belonged to the 25
deceased must store the firearm or muzzle loading firearm as prescribed.’’.
Amendment of section 148 of Act 60 of 2000
44. Section 148 of the principal Act is hereby amended by the substitution for
subsection (1) of the following subsection:
‘‘(1) A person who inherits a firearm or muzzle loading firearm must— 30
(a) if he or she wishes to keep the firearm, apply for an appropriate licence, permit
or authorisation in terms of this Act; [or]
(b) if he or she wishes to keep the muzzle loading firearm, obtain the necessary
competency certificate in order to possess the muzzle loading firearm; or
(c) if he or she does not wish to acquire the firearm or muzzle loading firearm, or 35
fails to obtain the appropriate licence, permit or authorisation or competency
certificate, have the firearm or muzzle loading firearm deactivated or dispose
of it in terms of this Act.’’.
Substitution of section 149 of Act 60 of 2000
45. The following section is hereby substituted for section 149 of the principal Act: 40
‘‘Compulsory destruction of firearms [by State], muzzle loading
firearms and ammunition
149. (1) A firearm or muzzle loading firearm may only be destroyed as
prescribed.
(2) Any firearm, muzzle loading firearm or ammunition forfeited to the 45
State in terms of this Act—
(a) must be destroyed by the State within six months of the date of the
forfeiture or after all possible appeals have been concluded or the last
date on which any appeal could have been noted has passed without an
appeal having been noted, whichever occurs last; and 50
(b) remains the property of the owner thereof until its destruction.

(3) (a) Despite subsection (2), the State may retain any firearm, muzzle
loading firearm or ammunition forfeited to the State, which the Registrar
deems to be of special value.
(b) Any firearm, muzzle loading firearm or ammunition retained by the
Registrar in terms of paragraph (a) becomes the property of the State when 5
the Registrar informs the former owner of the firearm, muzzle loading
firearm or ammunition or ammunition of that fact.
(c) Subject to Chapter 19, the former owner of any firearm, muzzle
loading firearm or ammunition which becomes the property of the State in
terms of paragraph (b) may apply for compensation in terms of this Act. 10
(4) (a) Subject to subsection (1) no person, including the State, may
destroy a firearm or muzzle loading firearm without the prior written
permission of the Registrar.
(b) The Registrar shall only consent to the destruction of a firearm with
due regard to and in compliance with the provisions of the National 15
Heritage Resources Act, 1999 (Act No. 25 of 1999), as imposed by the
South African Heritage Resources Authority or their nominated agents.’’.
Amendment of section 150 of Act 60 of 2000
47. Section 150 of the principal Act is hereby amended—
(a) by the substitution for the heading of the following heading: 20
‘‘Deactivation of firearms or muzzle loading firearms’’;
(b) by the substitution for subsection (2) of the following subsection:
‘‘(2) A firearm or muzzle loading firearm may only be deactivated by
a gunsmith in the prescribed manner.’’; and
(c) by the substitution in subsection (3) for the words preceding paragraph (a) of 25
the following words:
‘‘If a firearm or muzzle loading firearm is deactivated by a gunsmith—’’.
Amendment of Schedule 1 to Act 60 of 2000, as amended by section 20 of Act 43 of
2003
48. Schedule 1 to the principal Act is hereby amended by the insertion after Item 1 of 30
the following Item:
‘‘Muzzle loading firearms
1A. (1) A person who possesses a muzzle loading firearm must apply
within one year from the date of commencement of section 48 of the
Firearms Control Amendment Act, 2006, for the relevant competency 35
certificate to possess a muzzle loading firearm in terms of this Act.
(2) No prosecution may be instituted during the period referred to in
subitem (1) against any person found in possession of a muzzle loading
firearm without having been issued with a relevant competency certifi
cate.’’. 40

Substitution of Schedule 4 to Act 60 of 2000, as amended by section 22 of Act 43 of 2003
49. The following Schedule is hereby substituted for Schedule 4 to the principal Act: ‘‘Schedule 4 PENALTIES 5

(Section 121)
Section Maximum period of imprisonment
3 15 years
4 25 years
7(4) Two years
8(4) 10 years
8(5) 10 years
12(3) Two years
13(4) Two years
14(5) Five years
15(4) Two years
16(3) Two years
16(4) Two years
17(3)(a) Two years
17(3)(b) Three years
17(4) Two years
18(2)(b) Five years
18(3) Five years
18(4)(a) Two years
18(4)(b) Three years
19(3) Five years
19(4)(a) Two years
19(4)(b) Two years
19(4)(c) Three years
19(5) Five years
19(6) Five years
20(4) Five years
20(5)(a) Five years
20(5)(b) 25 years
20(6)(a) Five years
20(6)(b) Five years
20(7) Two years
21(4) Two years
21(5) Five years
23(5) 10 years
23(6) Five years
25(1) Two years
26(1) Two years
28(4) 10 years
28(5) 10 years
29(1) Two years
29(2) Two years
31(1) 25 years
31(2) 25 years
31(3) 15 years
32(2) Four years
36(6) Two years
38 Two years

10
15
20
25
30
35
40
45
50 5
Section Maximum period of imprisonment
39(1) Four years
39(2) Four years
39(3) Five years
39(4) Two years
39(5) Three years
39(6) Three years
39(8) Three years
39(9) 15 years
41(4) 25 years
42(4) 25 years
42(5) 25 years
44(1) Two years
44(2) Two years
45(1) 25 years
45(2) 25 years
50(6) Two years
52 Two years
53(1) Four years
53(2) Five years
53(3) Three years
53(4) Two years
53(5) Two years
53(6) Three years
53(7) 15 years
55(4) 25 years
56(4) 25 years
56(5) 25 years
58(1) Two years
58(2) Two years
59 15 years
64(6) Two years
66 Two years
67(1) Two years
67(2) Five years
67(3) Two years
67(4) Three years
67(5) Three years
67(7) Three years
67(8) 15 years
69(4) 25 years
70(4) 25 years
72(1) Two years
72(2) Two years
73(1) 15 years
73(2) 15 years
78(1) Two years
78(2) Three years
78(3) Three years
78(4) 15 years
80(4) 25 years
82(1) Two years
82(2) Two years
83 15 years
84 Two years
85(1) 25 years
87(1) Two years

Section Maximum period of imprisonment
87(2) Two years
87(3) Two years
88[(2)](3) 25 years
90 15 years
91(1) 10 years
93(2) 10 years
93(3) 10 years
94(2) Five years
94(3) Two years
98(1) Two years
98(5) Two years
98(7) Two years
104(2) 15 years
106(1) Two years
107(1) 10 years
107(2) One year
108(1) One year
120(2) 15 years
120(3) Five years
120(4) Three years
120(5) Three years
120(6) 10 years
120(7) Five years
120(8) Five years
120(9) Five years
120(10)(a) 10 years
120(10)(b) 25 years
120(11) 10 years
120(12) Five years
133(5) Five years
140(2)(a) Five years
140(2)(b) 10 years
140(2)(c) 25 years
146 15 years
147(1) Five years
147(2) Five years
148 25 years
149(1) 10 years
149(3) 10 years
150(2) Five years
150(3)(a) Two years
150(3)(b) Two years
150(3)(c) Two years’’.

10
15
20
25
30
35
40
Short title and commencement
50. This Act is called the Firearms Control Amendment Act, 2006, and comes into operation on a date determined by the President by Proclamation in the Gazette.

MEMORANDUM ON THE OBJECTS OF THE FIREARMS CONTROL AMENDMENT BILL, 2006
1. 1. The object of the Bill is to amend the Firearms Control Act, 2000 (Act No. 60 of 2000), in the following respects:
2. 1.1 To require a person who holds an occasional hunter or occasional sports-shooting licence to belong to an accredited hunting or sports-shooting organisation or association.

1.2 To extend the validity period of the following licences:
. ● A licence to possess a firearm for business purposes: Business as game rancher and in hunting from five to ten years;
. ● A licence to possess a firearm for business purposes: Business other than as game rancher and in hunting from two to five years;
. ● Dealers’, manufacturers’ and gunsmiths’ licences from one year to five years.

1. 1.3 An amendment is proposed to solve the problem experienced by prosecutors with the issuing of admission of guilt fines in respect of minor cases of assault and other offences mentioned in the Act as affecting a licensed firearm owner’s fitness to possess a firearm. The Bill proposes that where such an admission of guilt fine has been determined, the payment thereof will not automatically affect the person’s fitness to possess a firearm. The present wording of the Act largely inhibited the determining of admission of guilt fines by prosecutors and thereby increased the workload of courts. The proposed wording has been drafted in liaison with the prosecution authorities. The Registrar will, however, still have the power to enquire into the person’s fitness to possess the firearm, which process will entail a fair administrative procedure.
2. 1.4 To provide that all restricted and prohibited firearms in possession of collectors must be made inoperable so that they would be unable to fire cartridges and would only be able to fire blank ammunition.
3. 1.5 The Bill proposes that muzzle loading firearms be exempted from licensing, but makes the requirement of a competency certificate applicable to muzzle loading firearms, as well as all measures relating to unfitness to possess them and import, manufacturing and export thereof. They may also only be sold by dealers. There is a transitional arrangement in the Bill for obtaining a competency certificate. Permits to buy black powder for use in muzzle loading firearms may also not be issued to persons not in possession of a competency certificate.
4. 1.6 To remove the restriction on the number of shots that a semi-automatic shotgun may fire in succession in respect of a dedicated hunter and sport person. An amendment to the effect that ‘‘a shotgun manufactured to fire no more than five shots in succession without having to be reloaded’’, can be licensed to a dedicated hunter or dedicated sports person, as the present limitation is inhibiting South African sports persons to compete internationally. The five shot limitation does in any case not apply to shotguns, which are licensed in terms of other provisions of the Act.
5. 2. PERSONS CONSULTED

The Bill has been drafted after consultation with the prosecuting authority, and after consultative meetings with stakeholders during which proposals on how the Bill should be amended, were invited by the Minister. A substantial number of inputs were received. A draft Bill has also been published for comments in the Gazette, and the comments received were taken into account in this draft.
3. FINANCIAL IMPLICATIONS FOR STATE
None.
1. 4. PARLIAMENTARY PROCEDURE
2. 4.1 The State Law Advisers and the Department of Safety and Security are of the opinion that this Bill must be dealt with in accordance with the procedure established by section 75 of the Constitution since it contains no provision to which the procedure set out in section 74 or 76 of the Constitution applies.
3. 4.2 The State Law Advisers are of the opinion that it is not necessary to refer this Bill to the National House of Traditional Leaders in terms of section 18(1)(a) of the Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003), since it does not contain provisions pertaining to customary law or customs of traditional communities.

Printed by Creda Communications
ISBN 0 621 36271 9
Martin_tu
 
Posts: 84
Joined: Thu, 2006-02-02 13:56
Location: Kempton Park, Gauteng, South Africa

Return to Archives

Who is online

Users browsing this forum: No registered users and 1 guest

cron