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New gun law comes into effect
Richard Mantu

1 July 2004

South Africa's new Firearms Control Act requires people who apply for firearm licences to undergo a competency test. The law is to be phased in, with gun owners required to renew their existing licences according to a timetable staggered over the next four years

The Firearms Control Act came into effect on 1 July 2004 after the Pretoria High Court dismissed an application by seven organisations to prevent the Act from being implemented.

The applicants - the SA Gun Owners Association and six other bodies representing hunters, shooting ranges and gun collectors - argued that implementing the Act would result in numerous difficulties for gun owner, dealers and collectors, hunters and the security industry.

However, the court dismissed the application after hearing arguments from all parties.

Safety and Security Minister Charles Nqakula said the country was "sick and tired of ... serious violent crimes committed with firearms, and the government, through this legislation, has adopted a constructive approach to address this problem".

In terms of the Act, people who apply for firearm licences will, from now on, have to undergo a competency test - involving a basic training course at an accredited training institution and a background assessment by the SA Police Service (SAPS).

The SAPS will issue competency certificates to successful applicants, who will then be entitled to own firearms.

Renewing of licences
According to SAPS Divisional Commissioner Wilson Makhubela, all firearm licences issued in terms of the Arms and Ammunition Act that were valid on 30 June 2004 will remain so until they are renewed in terms of the new Firearms Control Act.

Individual firearm owners should renew their licences according to a schedule linked to their month of birth:

  • People born between 31 December and 31 March should renew their licences in 2005.
  • People born between 1 April and 30 June should renew their licences in 2006.
  • People born between 1 July to 30 September should renew their licences in 2007.

    People born between 1 October and 31 December should renew their licences in 2008.

All applications for firearm licences received up to 30 June 2004 in terms of the Arms and Ammunition Act will still be processed, Makhubela said.

People who were in possession of more that 200 rounds of ammunition as of 30 June 2004 would also not be prosecuted, Makhubela added, as this limitation was only applicable to firearms licensed in terms of the new Act.

Institutions
Makhubela reassured security companies that the new Act was not meant to disarm them. Until 31 December 2006, security firms could continue to issue firearms to their employees, without competency certificates, as long as their existing licences were valid.

All institutions, including security service providers, that owned firearms licensed in terms of the Arms and Ammunition Act should renew their licences from 1 July to 31 December 2006.

Makhubela said the SAPS was prepared in all aspects relating to the licensing of firearms, such as the structure for Designated Firearms Officers, and the appointment, training and equipping of these officers.

Source: BuaNews

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