PORTFOLIO COMMITTEE ON SAFETY AND SECURITY : PROPOSAL TO GIVE PRIORITY TO PHASING IN LICENSING OF HANDGUNS : FIREARMS CONTROL BILL

(Submitted by Gen. C.L. Viljoen)

In the policy document it is stated that there are approximately 2,8 million registered handguns (Pistols and Revolvers). It is more than half of the total of arms registered.

Without exception the evidence is that the handguns are used in most cases where firearms are involved in crime. Handguns are stolen – very few rifles and other weapons.

PROPOSAL

I formally propose that the transitional provisions (Section 1 of Schedule I) be amended to give priority to this category of weapons and that the Minister be authorised to phase in the other categories of weapons when control of handguns had reached a satisfactory situation. Amongst others the following motivations are presented:

  1. We all aim at curbing crime. If we argue that better control of licensed firearms may help, so let us start with this priority.

  2. The monthly applications for new licences are overwhelmingly for handguns. By giving handguns priority, this rush could best be handled. Remember the approximately 20 000 applications per month.

  3. To try to handle 5 million licensed weapons in 5 years might lead to chaos. At the above rate of new applications this might become 6 million in 5 years. The 2,8 million handguns might become 3,5 million.

  4. The CFR will not be overloaded at the initial stages of the implementation.

  5. Most accidents involve handguns. The owners of handguns must receive priority for competency testing, training and improving safe storage. On the other hand owners of rifles are more mature and generally responsible as has been testified by the ladies from the townships.

  6. If deemed necessary weapons other than handguns could be dealt with through an audit simultaneously with the handguns priority.

  7. This proposal is aimed at better implementation to ensure that the advantages of the Act for curbing crime can be utilised in the soonest possible way by improved handgun control.

POSSIBLE FORMULATIONS

SCHEDULE 1

Phasing in of licencing provisions to certain categories of existing licences.

2.(1) (a) The Minister may, not earlier than five years from the date on which this Act

comes into operation declare the licensing provisions of this Act applicable to one or more categories of licences contemplated in paragraph (c), which were valid immediately before the date of the commencement of this Act and which have not been terminated, cancelled or surrendered in terms of this Act if it is –

  1. in the interest of public safety; or

  2. desirable for the maintenance of law and order.

  1. A notice contemplated in paragraph (a) must be tabled in parliament at least 14 days before publication thereof if parliament is sitting, and if parliament is not sitting, within seven days after the commencement of the next sitting.

  2. For the purpose of a declaration contemplated in paragraph (a), the Minister may distinguish between the following categories of licences –

  1. licences for handguns;

  2. licences for shotguns;

  3. licences for other arms; and

  4. licences for any subcategories of arms contemplated in subparagraphs (i), (ii) or (iii).

ALTERNATIVE WORDING OF ITEM 2 (EXCLUDING PREREQUISITES FOR PHASING IN)

2.(1) (a) The Minister may, not earlier than five years from the date on which this Act

comes into operation declare the licensing provisions of this Act applicable to one or more categories of licences contemplated in paragraph (c), which were valid immediately before the date of the commencement of this Act and which have not been terminated, cancelled or surrendered in terms of this Act.

  1. A notice contemplated in paragraph (a) must be tabled in parliament at least 14 days before publication thereof if parliament is sitting, and if parliament is not sitting, within seven days after the commencement of the next sitting.

  2. For the purpose of a declaration contemplated in paragraph (a), the Minister may distinguish between the following categories of licences –

  1. licences for handguns;

  2. licences for shotguns;

  3. licences for other arms, and

  4. licences for any subcategories of arms contemplated in subparagraphs (i), (ii) or (iii).