Department on Safety of Firearms Control: briefing

Meeting report

SECURITY AND CONSTITUTIONAL AFFAIRS SELECT COMMITTEE
22 October, 2003
DEPARTMENT ON SAFETY OF FIREARMS CONTROL: BRIEFING

Chairperson: Mr M L Mokoena (ANC)

Relevant documents
Firearms Control Amendment Bill [B28B-2003]
Briefing by the Department on Firearms Control Amendment Bill
Firearms Control Act 60 of 2002 with amendments

SUMMARY
Department briefed the Committee on the safety of firearms control. Amendments to the Firearms Control Bill with a specific attention to topics of airgun definition, firearm registration and demarcation of dangerous objects free zones was deliberated on.

MINUTES
Mr P Jacobs (Assistant-Commissioner to the Department) briefed the Select Committee for Security and Constitutional Affairs on the Firearms Control Amendment Bill. In order to ensure legal certainty and proper interpretation of the Act, Mr Jacobs pointed out a number of errors of technical and lexical nature that needed to be corrected.

Amendments:
Clause 1
In the definition of an airgun, there was a following addition to sub-clause 1(b): "(b) a muzzle energy of less than 8 joules (6ft-lbs),". The amendment aimed to correct the fact that previously, an airgun of more than 5.6 mm and less than 8 joules, did not fall under a category of a firearm or an airgun. The spelling of a word "calibre" was also corrected. In sub-clause (d), a new definition of "security officer" was added as well as the definition of "security service provider" in sub-clause (e).

Clause 2
No changes.

Clause 3
A word "as" was deleted.

Clause 4
A word "inside" was replaced by "in".

Clause 5
A word "regulations" was replaced by "conditions".

Clause 6
A word "hunter" was replaced by "rancher".

Clause 7
A word order was changed and an insertion of "and the" and "the barrel and the" was made, to ensure that in all cases the identification number be on the barrel.

Clause 8
The amendment proposed to allow persons registered as apprentices to holders of a gunsmith's license to perform certain functions specified in Section 59.

Clause 9
A word "imprisonment" was added.

Clause 10
Words "Official" and "carrying" were inserted.

Clause 11
A word "unfitness" was inserted to the title of the clause.

Clause 12
A word "unfitness" was inserted to the title of the clause.

Clause 13
A phrase "investigation is or is suspected to be" was inserted to sub-clause (a).

Clause 14
The following words were deleted from sub-clause (a): "where it is proved that the firearm or ammunition was found". In sub-clause (b) a spelling error was corrected from "licenced" to "licensed".

Clause 15
A word "built up" was replaced by "built-up" in sub-clause (a). The following wording "words, figures or letters" was replaced by "word, figure or letter on or" in sub-clause (b) .

Clause 16
A word "Register" was replaced by "Registrar".

Clause 17
The amendment proposed that the Minister be empowered to prescribe measures of demarcation in terms of which the public could be notified that certain premises had been declared to be forearm-free zones.

Clause 18
"Column 1" was replaced by "first column" and "Column 3" was replaced by "the third column".

Clause 19
An insertion of sub-clause 4A was proposed in order to provide for existing registration certificates to carry on the trade of a gunsmith. Such certificates would remain effective for one year after the commencement of the Act before they must be renewed in terms of the Act.

Clause 20
A word "certificate" was inserted.

Clause 21
The reference to the year 1969 was replaced with 1973.

Clause 22
Schedule 4 to the principal Act was amended by deletion of rows referring to sections 20(8), 70(5), and 147(4).

Discussion
The Chairperson noted that most of the amendments were technical corrections and that there were only two substantive amendments. One of them related to the establishment of gun-free zones to be demarcated by the Minister. He recalled the on-going debate on safety in schools and the fact that teachers wanted to be allowed to bring guns to schools for protection.

Mr Jacobs explained that the Minister of Education had already declared schools as dangerous objects free zones. (Dangerous objects included explosives, drugs, and guns or firearms). As it would be impossible to undergo a consultative process on the issue in all 29,000 public schools in the country, the Department would make a submission at the end of the month to the provincial Ministers of Education or MECs. The Minister for Safety and Security had approved publishing the Minister's intent to declare schools as firearm-free zones in the Government Gazette, and invited public comments. Section 140 of the principal Act entitled the Minister to make certain exceptions for teachers to bring firearms to schools and leave them with the principle. However, the policy of the Department of Education clearly stated that there should not be firearms on school's property at any time.

Ms E Lubidla (ANC) asked for clarity on the different measurements of gun sizes as described in clause 1 [calibre less than 5.6mm (0.22 calibre)].

Mr Jacobs explained that the two measurements were equal. The only difference was that the first was measured using the metric system, and the other used calibre measure. The amendment to the clause aimed at correcting the definition of an airgun, as previously, an airgun of more than 5.6 mm and less than 8 joules did not fall under a category of a firearm or an airgun.

Mr C Ackermann (NNP) and Ms J Kgoali (ANC) expressed their concerns about the safety problem that could arise out of the demarcation of property as gun-free zone.

Mr Jacobs said that proper demarcation was needed for practical reasons in order to clearly indicate whether the gun-free zone related only to the school building or the full school premises.

Mr P Mathee (NNP) asked, should a school have security personnel, would it automatically be excluded from having to adopt that policy, and be allowed to carry firearms without any special permission. He also shared the previously raised concerns about the safety in schools and added that having demarcation signs could actually work in the opposite way to what was intended, by letting people know that the students were vulnerable to attack.

Mr Jacobs said that firearm-free zones must be declared by the Minister in the Gazette. Some valid exceptions to the rule could be given to security guards safekeeping the premises. Any firearms not authorised by the Minister's notice would not be allowed on the property.

The Chairperson inquired on the amendment to clause 19.

Mr Jacobs said that all existing firearm licenses under the old Act remained valid for a period of five years before they had to be renewed. Changing that period to one year was a reasonable idea, giving firearm owners time to reapply for licenses under the new Act.

Ms Lubidla asked whether a calibre of 0.22 was classified as lethal.

Mr Jacobs explained that a bullet propelled by a device exceeding 8 joules, whether of lower or greater size than 0.22 calibre, was classified as a firearm.

Mr B Mkhaliphi (ANC) asked whether the stipulations of the Act, as passed in 2001, were never implemented or had they been implemented in the absence of regulations.

Mr Jacobs said that the provisions of the Act that had been put into operation, apart from the accreditation, were those provisions, which did not need regulations to be in place. The accreditation regulations were published and issued by the Minister on 1 July. After the rest of the Act is put into operation, it will coincide with the publication of the necessary regulations.

The meeting was adjourned.