[B - ]

 REPUBLIEK VAN SUID-AFRIKA

[W - ]

To provide for the prevention of crime involving the illegal possession and use of firearms; to prevent the proliferation of illegally possessed firearms by providing for the removal of such firearms from society and by improving controls over the possession of legal firearms; to provide for the control of the supply, possession, transfer and use of legal firearms; to replace the Arms and Ammunition Act 1969 (Act No. 75 of 1969), in order to establish a comprehensive and effective system of firearm control and management; and to provide for matters incidental thereto.

1. Definitions 11

2. Purpose of the Act 13

• General prohibition in respect of firearms 13
• Prohibited firearms and devices 14

5. Devices which are not firearms for the purposes of this Act 15

6. Requirements and restrictions in respect of antique firearms 15

7. Requirements and restrictions in respect of airguns 15

8. Competency certificates, licences, permits or authorisations 16

9. Accreditations 16

10. Application for a competency certificate 16

11. Contents and form of a competency certificate 18

12. Separate licences to be issued in respect of each firearm licenced 18

in terms of this Chapter

13. Additional licences 18

14. Licences for restricted firearms used for self-defence 18

15. Licences for firearms used for self-defence 19

16. Licences for firearms used for occasional hunting and occasional sports-shooting 19

17. Licences for firearms used for dedicated hunting 20

18. Licences for firearms used for dedicated sports-shooting 21

19. Licences for firearms in private collections 22

20. Licences for firearms in public collections 23

21. Licences for firearms used for business purposes 25

22. Handling of firearms by security officers or by other persons for business use 26

23. Temporary authorisation to possess a firearm 26

24. Identification marks on firearms 27

25. Renewal of firearms licences 27

26. Notification of change of address 28

27. Notification of change of circumstances 28

28. Period of validity of firearms licence 29

Table of Firearms Licences 29

29. Termination of firearms licence 29

30. Defaced, lost or stolen licences 30
31. Central firearms database 30

PART 1 - DEALERS

32. Prohibition of unlicenced dealing in firearms or ammunition 30

33. Requirements for a dealer's licence 30

34. The dealer's licence 31

35. Conditions imposed on a licenced dealer 31

36. Renewal of dealer's licences 31

37. Temporary authorisation to deal in firearms and ammunition on premises other than those specified in the dealer's licence 31

38. Change of licenced premises 31

39. Notification of change of circumstances 32

40. Duties of a licenced dealer 32

41. Establishment of centralised dealers' database 33

42. Suspension of dealer's licence 33

43. Termination of dealer's licence 33

44. Dealer's licences in respect of partnerships and juristic persons 34

45. Application of other laws 34

46. Defaced, lost or stolen licences 35

PART 2 - MANUFACTURERS

47. Prohibition of unlicenced manufacture of firearms and ammunition 35

48. Loading or reloading of ammunition 35

49. Requirements for a manufacturer's licence 35

50. The manufacturer's licence 36

51. Conditions imposed on a licenced manufacturer 36

52. Renewal of manufacturer's licences 36

53. Temporary authorisation to display firearms and ammunition on premises other than those specified in the manufacturer's licence 36

54. Change of licenced premises 37

55. Notification of change of circumstances 37

56. Duties of a licenced manufacturer 37

57. Establishment of centralised manufacturers' database 38

58. Suspension of manufacturer's licence 38

59. Termination of manufacturer's licence 38

60. Manufacturer's licence in respect of partnerships and juristic persons 39

61. Application of other laws 40

62. Defaced, lost or stolen licences 40

PART 3 - GUNSMITHS

63. Prohibition of unlicenced work by gunsmiths 40

64. Requirements for a gunsmiths licence 40

65. The gunsmith's licence 40

66. Conditions imposed on a licenced gunsmith 41

67. Renewal of gunsmith's licences 41

68. Temporary authorisation to conduct business as a gunsmith on premises other than those specified in the gunsmith's licence 41

69. Change of licenced premises 41

70. Notification of change of circumstances 42

71. Duties of a licenced gunsmith 42

72. Establishment of centralised gunsmiths' database 42

73. Suspension of a gunsmith's licence 42

74. Termination of gunsmith's licence 43

75. Gunsmith's licences in respect of partnerships and juristic persons 44

76. Application of other laws 44

77. Defaced, lost or stolen licences 44

78. Prohibition of import or export of firearms and ammunition without permit 45

79. Requirements for an import, export or transit permit 45

80. The import, export or transit permit 45

81. Conditions imposed on a permit holder 45

82. A permit shall constitute a licence to possess 45

83. Duties of a permit holder 45

84. Establishment of central importers' and exporters' database 46

85. Suspension of import, export and transit permits 46

86. Termination of import, export and transit permits 46

87. Import, export and transit permit in respect of partnerships and juristic persons 47

88. Defaced, lost or stolen permits 48

89. Storage and transport of firearms and ammunition 48

90. Carrying of firearms in a public place 48
91. Firearm transporter's permit 48

92. Conditions imposed on transporters of firearms 49

93. Duties of a permit holder 49

94. Cancellation of firearms transporter's permit 49

95. Records to be kept 49

96. Prohibition of possession of ammunition 50

97. Restrictions on possession of ammunition 50

98. Prohibitions and restrictions on use of certain ammunition 50

99. Prohibition of possession of firearm parts 50

100. Definitions 51

101. Exemptions 51

102. Further conditions applicable to certain Official Institutions 51

103. Possession and use of firearms by Official Institutions 52

104. Register to be kept by Official Institution 53

105. Establishment of central Official Institutions database 53

106. Official Institutions workstations 53

DECLARATION OF UNFITNESS TO POSSESS A FIREARM

107. Declaration by Registrar of unfitness to possess a firearm 54

108. Declaration of unfitness by court upon conviction to possess firearm 54

109. Effect of declaration of unfitness to possess a firearm 55

110. Proof of declaration of unfitness 57

111. Production of licences and firearms for inspection 57

112. Request for information 57

113. Duty to comply with request of police official or authorised person 57

114. Inspection of premises 58

115. Applicability of Chapter 2 of the Criminal Procedure Act, 1977 59

116. Applicability of sections 20, 30 and 31 of the Criminal Procedure Act, 1977 59

117. Search and seizure in the course of policing operations in terms of the South African Police Service Act, 1995 59

118. Exercise of powers set out in section 37 of the Criminal Procedure Act, 1977 59

119. Body-prints and genetic samples 59

120. Ballistic testing 60

121. Inspection, search and seizure for Inquiry or Investigation (with special warrant) 60

122. Incidental discovery 62

123. Presumption of possession of firearm or ammunition 62

124. Presumption relating to failure to report 65

125. Presumption of failure to take reasonable steps 65

126. Criminal offences and administrative transgressions 65

127. Criminal sentences 66

128. Refund of administrative fine if criminal sentence is imposed 66

129. Administrative sanctions imposed by the Registrar 66

130. Additional offences and obligations 66

131. Appointment of the Registrar 69

132. Functions of the Registrar 70

133. The Central Firearms Register 70

134. Certificate signed by Registrar to constitute prima facie proof 71

135. Appointment, powers and functions of the Head of the Office of the Central Firearms

Register 71

136. Establishment and functions of Appeal Board 71

137. Composition of Appeal Board 71

138. Conditions of service, remuneration and allowances of members of Appeal Board 72

139. Quorum, meetings and procedure of Appeal Board 72

140. Administrative work of Appeal Board 72

141. Establishment of Ministerial Committees 72

142. Right of appeal against decisions 72

143. Circumstances where compensation is not payable in respect of firearms and ammunition forfeited to the State 73

144. Circumstances where compensation is not payable in respect of firearms and ammunition seized by the State 73

145. Compensation is not payable where firearms or ammunition are destroyed by the State 73

146. Applications for compensation 74

147. Definition 74

148. Amnesty 75

149. Firearm free zones 75

150. Emergency provisions 76

151. Use of firearms 76

152. Retrospectivity of this Act 76

153. Delegation of powers and functions 77

154. Designation as police officials 77

155. Service of documents 77

156. Return of service 77

157. Regulations 77

158. Disposal of firearms in case of ceasing to carry on business 81

159. Disposal of firearms in case of death 81

160. Inherited firearms 82

161. Compulsory destruction of firearms by the State 82

162. Deactivation of firearms 82

163. Jurisdiction of magistrate's court 83

164. Amendment and repeal of laws 83

165. Act to bind State 83

166. Short title and commencement 83

1. Existing licence to possess an arm 83

2. Existing dealer's licences 83

3. Existing permit of importation or exportation of arms and ammunition 84

4. Existing permit for manufacture of arms and ammunition 84

5. Existing authorisations and certain existing permits 84

6. Person unfit to possess a firearm 84

7. Register kept by Commissioner in terms of previous Act 84

8. Matters pending under previous Act 84

9. Investigations by Commissioner under previous Act 84

10. Consideration of validity of existing licence, permit and authorisation 85

11. Renewal of licence 85

WHEREAS every person has the right to life and to security of the person, including the right to be free from all forms of violence;

AND WHEREAS the adequate protection of such rights is fundamental to the well-being and to the social and economic development of every person;

AND WHEREAS the increased availability and abuse of firearms and ammunition have contributed significantly to the high levels of violent crime;

AND WHEREAS the Constitution of the Republic of South Africa places a duty on the State to respect, protect, promote and fulfil the rights of individuals as enshrined in the Bill of Rights, including the right to life and security of the person;

AND WHEREAS it is deemed necessary to enact legislation -

aimed at improving the control and responsible management of firearms and ammunition;

to curb the abuse and proliferation of firearms and ammunition;

to provide for stricter control over and accountability for the possession, use and transfer of firearms and ammunition;

AND WHEREAS such legislation is aimed at providing a more secure environment in South Africa in which there is greater safety and protection for everyone;

AND WHEREAS the State has the responsibility to ensure that such legislation is effectively implemented in the interest of the general public and in the interest of the security of the State;

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

1.(1) In this Act, unless the context indicates otherwise -

"accredited" means accredited in terms of this Act and "accreditation" has a corresponding meaning;

"airgun" means any device manufactured to fire a bullet or any other projectile at a muzzle energy of not less than 0.7 joules (0.5 ft-lbs) and not more than 8 joules (6 ft-lbs), by means of compressed air and not by means of burning propellant;

"ammunition" means a primer or propellant or a complete cartridge;

"antique firearm" includes all firearms manufactured before 1 January 1900 that were not manufactured to discharge rim-fire or centre-fire ammunition and that have not been altered to discharge such ammunition;

"Appeal Board" means the Appeal Board established in terms of section 135;

"cartridge" means a complete object consisting of a cartridge case, primer, propellant and bullet;

"competency certificate" means a certificate contemplated in sections 10 and 11;

"dealer" means any person who trades in firearms or ammunition and "deal" has a corresponding meaning;

"dedicated hunter" means -

(a) a person who actively participates in hunting activities and who is a member of an accredited hunting association; or

(b) a full time employee of an accredited wildlife conservation or parks administration authority;

"dedicated sports person" means a person who actively participates in shooting sports and is a member of an accredited sports shooting organisation;

"Designated Firearms Officer" means a police official appointed as such in terms of section 132(m);

"disqualified person" means any person declared unfit to possess a firearm, in terms of sections 107 or 108;

"firearm" means -

(a) any device manufactured or designed to propel a bullet or projectile through a barrel or cylinder by means of a burning propellant or compressed gas, at a muzzle energy exceeding 8 joules (6 ft-lbs);

(b) any device which is not at the time capable of discharging any bullet or projectile, but which may be readily altered to be a firearm within the meaning of paragraph (a);

(c) any specially dangerous airgun; or

(d) any barrel, frame or receiver of a device referred to in paragraphs (a), (b) or (c);

"fully automatic" means capable of firing more than one shot with a single depression of the trigger;

"gunsmith" means any person who repairs, alters or improves firearms, but does not manufacture firearms;

"imitation firearm" means anything that has the appearance of a firearm whether or not it is capable of operating as such;

"load" includes reload and "loading" has a corresponding meaning;

"machine-gun" means any firearm capable of firing more than one shot with a single depression of the trigger;

"Minister" means the Minister for Safety and Security;

"National Commissioner" means the National Commissioner of the South African Police Service appointed in terms of section 207(1) of the Constitution;

"occasional hunter" means any person who, from time to time, participates in hunting activities;

"occasional sports person" means any person who, from time to time, participates in sports-shooting;

"person" includes a woman, a man, a juristic person and a partnership;

"police official" means -

(a) a member of the South African Police Service as defined in section 1 of the South African Police Service Act, 1995, or any municipal police service established in terms of that Act

(b) a person designated by the Minister as a police official for the purposes of this Act; and

(c) a member of the South African National Defence Force employed in cooperation with the South African Police Service.

"prescribed" means prescribed by regulations made in terms of this Act;

"previous Act" means the Arms and Ammunition Act, 1969;

"private collector" means a person who collects firearms, who is a member of an accredited collector's association and who is not a public collector;

"public collector" means a person who collects firearms for display to the public and is accredited in terms of this Act;

"Registrar" means the Registrar of Firearms appointed in terms of section 131;

"responsible person" means a woman or a man who holds a competency certificate, licence, permit or authorisation issued in terms of this Act, on behalf of a juristic person or a partnership;

"security company" means a person who -

(a) renders security services in terms of the Security Officers Act, 1987; or

(b) is accredited in terms of this Act as a provider of security services for its own business;

"security officer" means a person who is employed by a security company;

"semi-automatic" means self-loading but not capable of firing more than one shot with a single depression of the trigger;

"specially dangerous airgun" means any device manufactured to fire a bullet or any other projectile by means of compressed air and not by means of burning propellant, with -

(a) a .22 or higher calibre; or

(b) a muzzle energy exceeding 8 joules (6ft - lbs)

"this Act" includes any regulation made in terms of its provisions; and

"transfer" includes selling, letting, donating, lending or otherwise parting with possession.

2. The purpose of this Act is to -

(a) further the protection of the Constitutional right of everyone to life and bodily integrity;

(b) prevent crime involving the use of firearms;

(c) prevent the proliferation of illegally possessed firearms by providing for the removal of those firearms from society and by improving controls over legal firearms;

(d) provide for the control of the supply, possession, transfer and use of legal firearms;

(e) replace the previous Act, in order to establish a comprehensive and effective system of firearm control and management;

(f) enhance the capacity of the State to remove illegally possessed firearms from society, control the supply, possession, transfer, and use of firearms and to detect and punish the negligent or criminal use of firearms; and

(g) ensure the efficient monitoring and enforcement of legislation pertaining to the control of firearms.

3. No person may possess any firearm unless he or she -

(a) holds a valid licence, permit or authorisation issued in terms of this Act in respect of that particular firearm;

(b) holds a valid dealer's licence, manufacturer's licence, gunsmith's licence, import, export or transit permit or transporters permit issued in terms of this Act; or

(c) is otherwise authorised to do so in terms of this Act.

4.(1) The following firearms and devices are hereby declared to be prohibited firearms and may not be possessed or licenced in terms of this Act -

(a) a fully automatic firearm;

(b) a gun, cannon, recoilless gun, mortar, light mortar or launcher manufactured to fire -

(i) a rocket, grenade, self-propelled grenade, bomb, explosive device or device that emits a chemical substance; or

(ii) a projectile of a calibre of 20 millimetres or higher;

(c) a frame, body or barrel of such a fully automatic firearm, gun, cannon, recoilless gun, mortar, light mortar or launcher;

(d) any projectile or rocket manufactured to be discharged from a cannon, recoilless gun or mortar, or rocket launcher, or any substance manufactured to propel or to assist in propelling any such projectile or rocket so discharged, or any grenade, bomb or similar missile, or any frame or body of any such projectile, rocket, grenade, bomb or similar missile;

(e) any explosive or incendiary device or any substantial part thereof;

(f) an imitation of any device referred to in paragraphs (a), (b), (c), (d) or (e);

(g) a firearm in respect of which -

(i) the mechanism of the original firearm, including the action or safety mechanism, has been altered for the firing of more than one shot with a single depression of the trigger;

(ii) the calibre of the original firearm has been altered without the written permission of the Registrar;

(iii) the barrel length of the original firearm has been altered without the written permission of the Registrar;

(iv) the serial number or identifying marks on the firearm have been changed or removed without the written permission of the Registrar.

(2) (a) The Minister may, by notice in the Gazette, declare any other firearm of a specified type to be a prohibited firearm if -

(i) he or she considers it in the interest of public safety; or

(ii) he or she considers it desirable for the maintenance of law and order.

(b) A notice contemplated in paragraph (a) must, at least 14 days before publication thereof in the Gazette, be submitted for tabling in both Houses of Parliament, by handing it to the Speaker of the National Assembly and the Chairperson of the National Council of Provinces.

5.(1) The following devices are for the purposes of this Act not firearms -

(a) an explosive powered tool, manufactured for use by the construction and building industry and includes line throwing guns and impex type building pistols;

(b) an explosive powered tool manufactured to be used to split rock or concrete by means of firing an explosive cartridge;

(c) an industrial tool manufactured to be used by the mining and steel industry to remove refractory material;

(d) a captive bolt gun manufactured for use in an abattoir in the humane killing of animals;

(e) an antique firearm;

(f) an airgun, other than a specially dangerous airgun; and

(g) any other device which the Minister may, by notice in the Gazette, declare not to be a firearm for the purposes of this Act.

(2) A notice contemplated in subsection (1)(g) must, at least 14 days before publication thereof in the Gazette, be submitted for tabling in both Houses of Parliament, by handing it to the Speaker of the National Assembly and the Chairperson of the National Council of Provinces.

6. (1) A licenced dealer must keep a register of antique firearms.

(2) In that register the dealer must record particulars relating to the dealer's acquisition, possession and disposal of antique firearms in accordance with such regulations as may be prescribed.

(3) An antique firearm may only be displayed or stored in -

(a) an accredited museum;

(b) the residence or building of the person or institution in lawful possession of that antique firearm; or

(c) a building approved by the Registrar and in compliance with such conditions as the Registrar may specify.

(4) An antique firearm may only be discharged on an accredited shooting range or on such other premises as the Registrar may approve.

(5) A person may dispose of an antique firearm only through a licenced dealer.

7.(1) A licenced dealer must keep an airgun register.

(2) In that register the dealer must record particulars relating to the dealer's acquisition, possessionand disposal of airguns in accordance with such regulations as may be prescribed.

(3) A person may dispose of an airgun only through a licenced dealer.

(4) A person who is not a dealer may dispose of an airgun only through a licenced dealer.

8.(1) The Registrar may issue competency certificates, licences, permits and authorisations -

(a) in accordance with the provisions of this Act;

(b) on receipt of an application completed in the prescribed form, including a full set of fingerprints of the applicant if required by the Registrar; and

(c) if he or she is satisfied that the applicant complies with all the applicable requirements of this Act.

(2) A licence may not be issued to a person who is not in possession of the appropriate competency certificate.

(3) Every application for a competency certificate, licence, permit or authorisation must be accompanied by such information as may be prescribed.

9. The Registrar may, in accordance with such regulations as may be prescribed, issue and cancel accreditations in terms of this Act.

10.(1) A person may, on application, completed in the prescribed form, apply to the Registrar for a competency certificate to possess a firearm, deal in firearms, manufacture firearms or to conduct business as a gunsmith.

(2) The application must be delivered to the Designated Firearms Officer responsible for the area in which the applicant resides.

(3) A competency certificate may only be issued to a woman or a man who -

(a) is 18 years or older on the day the application is received by the Designated Firearms Officer;

(b) is a South African citizen or a holder of a permanent South African residence permit;

(c) is a fit and proper person to possess a firearm, deal in firearms, manufacture firearms or to conduct business as a gunsmith;

(d) is of stable mental condition and is not inclined to violence;

(e) is not dependent on any substance which has an intoxicating or narcotic effect;

(f) has not been convicted of an offence in terms of this Act or the previous Act;

(g) has not been convicted, whether in or outside South Africa, of an offence involving the use of a firearm, whether committed in or outside South Africa;

(h) has not been convicted, whether in or outside South Africa, of an offence involving violence, whether committed in or outside South Africa;

(i) has not been convicted of fraud in relation to, or supplying false information for the purposes of, obtaining a competency certificate, licence, permit or authorisation in terms of this Act or the previous Act;

(j) has not been convicted, whether in or outside South Africa, of an offence involving the abuse of alcohol or drugs, whether committed in or outside South Africa;

(k) has not been convicted, whether in or outside South Africa, of an offence involving dealing in drugs, whether committed in or outside South Africa;

(l) has not been convicted of an offence in terms of the Domestic Violence Act, 1998;

(m) has not, in a matter involving a reasonable apprehension of violent behaviour by that person, been the subject of a final protection order issued in terms of the Domestic Violence Act, 1998 or a similar restraining order issued in terms of any other legislation, in or outside South Africa;

(n) has successfully completed the prescribed test on knowledge of this Act;

(o) has successfully completed the prescribed training and practical tests regarding the safe handling of a firearm;

(p) has, if applicable, successfully completed the prescribed training and practical tests for firearms dealers, manufacturers, gunsmiths, security officers or other persons who use firearms in the course of their business;

(q) complies with the relevant requirements of this Act; and

(r) has not been declared unfit to possess a firearm in terms of this Act or the previous Act.

(4) Any offence referred to in subsection (3) means an offence -

(a) in respect of which the accused person was sentenced to more than six months imprisonment without the option of a fine;

(b) in respect of which an appeal against the conviction or sentence has been finalised or the time for an appeal has elapsed; and

(c) in respect of which sentence has not been completed more than five years before the application for a competency certificate was received by the Designated Firearms Officer.

(5) The disqualification contemplated in subsection (3)(r) ends upon the expiry of the period for which the declaration is valid.

(6) Notwithstanding the provisions of subsection (3)(a), the Registrar may, on receipt of the prescribed information, allow a person under the age of 18 years to apply for a competency certificate if he or she is satisfied that the applicant is a dedicated hunter or a dedicated sports person.

11.(1) A competency certificate must specify -

(a) whether it relates to competency -

(i) to possess a firearm;

(ii) to deal in firearms;

(iii) to manufacture firearms; or

(iv) to conduct business as a gunsmith; and

(b) all the relevant tests successfully completed by the holder.

(2) A competency certificate shall be valid for a period of two years from its date of issue.

(3) A competency certificate may, in the discretion of the Registrar, be issued in a separate document or be incorporated in a licence, permit or authorisation issued in terms of this Act.

12.(1) The Registrar must issue a separate licence in respect of each firearm licenced to a person in terms of this Chapter.

(2) Notwithstanding the provisions of subsection (1), the Registrar may issue a single document which constitutes more than one licence of a specific person in respect of firearms for business use.

13.(1) The Registrar may issue one additional licence in respect of the same firearm to a person who resides on the same premises as the primary licence holder.

(2) The additional licence holder must comply with all the requirements for the issue of a firearms licence.

14.(1) A restricted firearm is -

(a) a semi-automatic rifle, carbine or shotgun, provided that it cannot readily be converted into a fully automatic firearm; or

(b) any firearm declared by the Minister, by notice in the Gazette, to be a restricted firearm.

(2) A notice contemplated in subsection (1)(b) must, at least 14 days before publication thereof in the Gazette, be submitted for tabling in both Houses of Parliament, by handing it to the Speaker of the National Assembly and the Chairperson of the National Council of Provinces.

(3) No licence may be issued in respect of a restricted firearm, unless it is explicitly authorised in terms of a provision of this Act.

(4) The Registrar may only issue a restricted firearms licence to a woman or a man who submits reasonable information to show that a self-defence firearm will not provide sufficient protection, and -

(a) whose life or property is in grave danger; or

(b) who submits reasonable information to motivate the need for a restricted firearm for self-defence purposes.

(5) A person may hold not more than one restricted firearms licence.

(6) A firearm licenced in terms of this section may only be used for purposes related to self-defence.

15.(1) A firearm classified for self-defence is -

(a) a shotgun which is neither fully automatic, nor semi-automatic; or

(b) a handgun which is not fully automatic.

(2) The Registrar may issue a self-defence firearms licence to a woman or a man.

(3) Subject to section 14, the Registrar may only issue a self-defence firearms licence to a person who satisfies the Registrar that he or she -

(a) needs a firearm for self-defence; and

(b) cannot reasonably satisfy that need by means other than the possession of a firearm.

(4) A person may hold not more than one self-defence firearms licence.

(5) A firearm licenced in terms of this section may only be used -

(a) for purposes related to self-defence;

(b) for sporting purposes on premises of an accredited shooting range and in accordance with the rules of that shooting range; and

(c) in accordance with such regulations as may be prescribed.

16. (1) A firearm classified for occasional hunting and occasional sports-shooting is -

(a) a rifle or shotgun which is neither fully automatic, nor semi-automatic;

(b) a handgun which is not fully automatic;

(c) a barrel or frame of any of the above; or

(d) a specially dangerous airgun,

which is not prohibited by any other legislation or regulation governing hunting in South Africa and which is not a restricted firearm.

(2) The Registrar may issue a licence in respect of a firearm used for occasional hunting or sports-shooting to a woman or a man.

(3) The Registrar may issue a licence in terms of this section only to a person who satisfies the Registrar that he or she requires the firearm for the purpose of hunting or sports-shooting.

(4) The Registrar may issue a further licence or licences in terms of this section only to a person who satisfies the Registrar that he or she requires a further firearm or firearms for the purpose of hunting or sports-shooting.

(5) (a) A person may hold not more than four firearms licences including the licences issued to him or her -

(i) in terms of this section for occasional hunting and occasional sports-shooting; and

(ii) in terms of section 15 for purposes related to self-defence.

(b) A person may hold not more than one firearms licence in respect of a handgun for occasional hunting or occasional sports-shooting.

(6) A firearm licenced in terms of this section may only be used -

(a) for hunting and sporting purposes;

(b) on premises -

(i) suitable for hunting; or

(ii) of an accredited shooting range and in accordance with the rules of that shooting range; and

(c) in accordance with such regulations as may be prescribed.

17.(1) A firearm classified for dedicated hunting is -

(a) a handgun approved for hunting activities by an accredited hunting association and which is neither fully automatic nor semi-automatic;

(b) a rifle or shotgun which is neither fully automatic nor semi-automatic;

(c) a semi-automatic shotgun manufactured to fire not more than three shots in rapid succession;

(d) a barrel or frame of any of the above;

(e) a tranquilliser firearm; or

(f) a specially dangerous airgun,

which is not prohibited by any other legislation or regulation governing hunting in South Africa and which is not a restricted firearm.

(2) The Registrar may issue a licence in respect of a firearm used for hunting by a dedicated hunter who is a woman or a man.

(3) A licence may only be issued in terms of this section -

(a) (i) to a person who satisfies the Registrar that he or she is a dedicated hunter; and

(ii) if the application is accompanied by an affidavit from the chairperson of an accredited hunting association stating that the applicant is a registered member of that association; or

(b) (i) to an employee of a recognised wildlife conservation or parks administration authority; and

(ii) if the application is accompanied by an affidavit from the head of such authority that the applicant is an employee of that authority and that the applicant needs the relevant firearm for hunting purposes.

(4) The Registrar may issue a further licence in terms of this section only to a person who satisfies the Registrar that he or she requires a further firearm for hunting purposes and if the application is supported by an affidavit -

(a) of the chairperson of the accredited hunting association of which the applicant is a member; or

(b) of the head of the recognised wildlife conservation or parks administration authority by which the applicant is employed.

(5) The Registrar may not issue a licence in terms of this section in respect of a prohibited firearm, notwithstanding that such a firearm may have been approved for hunting by an accredited hunting association.

(6) A firearm licenced in terms of this section may only be used -

(a) for hunting and sporting purposes;

(b) on premises -

(i) suitable for hunting and in accordance with the rules of the accredited hunting association of which the licence holder is a member, or of the recognised wildlife conservation or parks administration authority by which the applicant is employed; or

(ii) of an accredited shooting range and in accordance with the rules of that shooting range; and

(c) in accordance with such regulations as may be prescribed.

(7) An accredited hunting association must - (a) keep a register which contains such information as may be prescribed; and

(b) submit an annual report to the Registrar which contains such information as may be prescribed.

18.(1) A firearm classified for dedicated sports-shooting is -

(a) a handgun which is not fully automatic;

(b) a rifle or shotgun which is neither fully automatic nor semi-automatic;

(c) a semi-automatic shotgun manufactured to fire not more than three shots in rapid succession;

(d) a barrel or frame any of the above; or

(e) a specially dangerous airgun.

(2) The Registrar may issue a licence in respect of a firearm used for sports-shooting by a dedicated sports person who is a woman or a man.

(3) A licence may only be issued in terms of this section -

(a) to a person who satisfies the Registrar that he or she is a dedicated sports person; and

(b) if the application is accompanied by an affidavit from the chairperson of an accredited sports-shooting club, stating that the applicant is a registered member of that club.

(4) The Registrar may issue a further licence in terms of this section only -

(a) to a person who satisfies the Registrar that he or she requires a further firearm for sports-shooting; and

(b) if the application is supported by an affidavit of the chairperson of the accredited sports-shooting association of which the applicant is a member.

(5) A firearm licenced in terms of this section may only be used -

(a) for hunting and sporting purposes;

(b) on premises -

(i) suitable for hunting; or

(ii) of an accredited shooting range and in accordance with the rules of that shooting range; and

(c) in accordance with such regulations as may be prescribed.

(6) An accredited sports-shooting association must -

(a) keep a register which contains such information as may be prescribed; and

(b) submit an annual report to the Registrar which contains such information as may be prescribed.

Licences for firearms in private collections

19. (1) A firearm classified for private collection is a firearm approved for its historic, technological, aesthetic or scientific characteristics by an accredited collectors association.

(2) Ammunition classified for private collection is ammunition approved for its historic, technological, aesthetic or scientific characteristics by an accredited collectors association.

(3) The Registrar may -

(a) issue a licence in respect of a firearm for private collection; and

(b) subject to such regulations as may be prescribed, issue a permit allowing a person to keep ammunition in a private collection.

(4) Notwithstanding the provisions of sections 4 and 14, such prohibited and restricted firearms as may be prescribed, may be licenced for private collection.

(5) A licence or permit may only be issued in terms of this section -

(a) to a person who satisfies the Registrar that he or she is a private collector;

(b) if the application is accompanied by an affidavit from the chairperson of an accredited collectors association stating that the applicant is a registered member of that association; and

(c) if the firearm or ammunition in respect of which the application is made is a firearm or ammunition approved in terms of this section.

(6) The holder of a licence or permit issued in terms of this section must keep the relevant firearm or ammunition at the place specified in the licence or permit.

(7) Firearms licenced and ammunition allowed to be kept in terms of this section may only be displayed in accordance with such safety measures as may be prescribed by regulation.

(8) A firearm licenced in terms of this section may not be used unless the Registrar authorises its use.

(9) A firearm authorised for use in terms of subsection (8) may only be used -

(a) on an accredited shooting range and in accordance with the rules of that shooting range; or

(b) in accordance with written authorisation issued by the Registrar.

(10) A person who is allowed in terms of this section to keep ammunition may not use that ammunition.

(11) A person who holds a permit issued in terms of this section may not possess more than 200 rounds of ammunition of any particular calibre.

(12) If a licence or permit is issued in terms of this section to a partnership or juristic person -

(a) that person must nominate a woman or a man to hold the licence or permit on its behalf;

(b) the person referred to in paragraph (a) must be identified on the licence or permit as the responsible person;

(c) the responsible person must hold a competency certificate before a licence or permit is issued in terms of this section; and

(d) the licence or permit must specify the name of the partnership or juristic person to whom the licence or permit is issued.

(13) A partnership or juristic person licenced in terms of this section must apply to the Registrar to replace the nominated person if -

(a) it wishes another woman or man to hold the licence on its behalf; or

(b) the nominated person dies or is otherwise unable to continue to hold the licence on its behalf.

(14) The requirements in relation to competency certificates contained in subsection (12) apply to an application referred to in subsection (13).

20.(1) The Registrar may -

(a) issue a licence in respect of a firearm for public collection; and

(b) subject to such regulations as may be prescribed, issue a permit allowing a person to keep ammunition in a public collection.

(2) Notwithstanding the provisions of sections 4 and 14, such prohibited and restricted firearms as may be prescribed, may be licenced for public collection.

(3) A licence may only be issued in terms of this section to a person who satisfies the Registrar that he or she is a public collector.

(4) The holder of a licence or permit issued in terms of this section must keep the relevant firearm or ammunition at the place specified in the licence or permit.

(5) Firearms licenced and ammunition allowed to be kept 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 by regulation.

(6) A firearm licenced in terms of this section may not be used unless the Registrar authorises its use.

(7) A firearm authorised for use in terms of subsection (6) may only be used -

(a) on an accredited shooting range and in accordance with the rules of that shooting range; or

(b) in accordance with written authorisation issued by the Registrar.

(8) A person who is allowed in terms of this section to keep ammunition may not use that ammunition.

(9) A person who holds a permit issued in terms of this section may not possess more than 200 rounds of ammunition of any particular calibre.

(10) If a licence or permit is issued in terms of this section to a partnership or juristic person -

(a) that person must nominate a woman or a man to hold the licence or permit on its behalf;

(b) the person referred to in paragraph (a) must be identified on the licence or permit as the responsible person;

(c) the responsible person must hold a competency certificate before a licence or permit is issued in terms of this section; and

(d) the licence or permit must specify the name of the partnership or juristic person to whom the licence or permit is issued.

(11) A partnership or juristic person licenced in terms of this section must apply to the Registrar to replace the nominated person if -

(a) it wishes another woman or man to hold the licence on its behalf; or

(b) the nominated person dies or is otherwise unable to continue to hold the licence on its behalf.

(12) The requirements in relation to competency certificates contained in subsection (10) apply to an application referred to in subsection (11).

21. (1) A firearm classified for business use is any firearm other than a prohibited firearm.

(2) The Registrar may issue a licence in respect of a firearm for business use.

(3) A licence may only be issued in terms of this section to a person who -

(a) is a security company;

(b) is accredited to provide training in the use of firearms;

(c) provides firearms for use in theatrical, film or television productions;

(d) conducts business in hunting; or

(e) is accredited to use firearms for any other business purpose determined by the Registrar.

(4) A firearms licence issued in terms of this section must specify the business use in respect of which it is issued.

(5) A firearm licenced in terms of this section may only be used for the purpose specified in the licence.

(6) The holder of a licence issued in terms of this section may provide a firearm for use by another person subject to such conditions as may be prescribed by regulation.

(7) If a licence is issued in terms of this section to a partnership or juristic person, other than a person referred to in subsections (10) and (11) -

(a) it must nominate a woman or a man to hold the licence on its behalf;

(b) the person referred to in paragraph (a) must be identified on the licence as the responsible person;

(c) the responsible person must hold a competency certificate before a licence is issued in terms of this section; and

(d) the licence must specify the name of the partnership or juristic person to whom the licence is issued.

(8) A partnership or juristic person licenced in terms of this section must apply to the Registrar to replace the nominated person if -

(a) it wishes another woman or man to hold the licence on its behalf; or

(b) the nominated person dies or is otherwise unable to continue to hold the licence on its behalf.

(9) The requirements in relation to competency certificates contained in subsection (7) apply to an application referred to in subsection (8).

(10) If a licence is issued in terms of this section to a person referred to in subsection (3)(a) which is a partnership the Registrar must -

(a) issue the licence to the partners jointly; and

(b) specify the name under which the partnership trades.

(11) If a licence is issued in terms of this section to a person referred to in subsection (3)(a) which is a juristic person the Registrar -

(a) must issue the licence to the members or directors jointly;

(b) may in addition, issue the licence to any manager in the juristic person; and

(c) must issue the licence in the name under which the juristic person trades.

(12) If a partner to whom a licence is issued jointly in terms of subsection (10) ceases to be a partner, the remaining partners must make application, completed in the prescribed form, for an endorsement of the licence to that effect.

(13) The provisions of subsection (12) apply, with the necessary changes, in respect of a member or a director who ceases to be a member or director of a juristic person to whom a licence is issued.

(14) If a partnership contemplated in subsection (10) admits a new partner, the partnership must apply for the licence to be amended to include the new partner.

(15) If a juristic person contemplated in subsection (11) appoints a new member or director, the juristic person must apply for the licence to be amended to include the new member or director.

(16) Every partner, member and director of a person referred to in subsections (10) and (11) must hold a competency certificate to possess a firearm.

22. (1) A security company may only provide a firearm to a security officer who holds a valid competency certificate.

(2) A security officer may possess or be in control of a firearm only if he or she holds a valid competency certificate issued in terms of this Act.

(3) A security officer may only carry, store and use a firearm in accordance with such regulations as may be prescribed.

(4) Every security company must keep a register in the prescribed form of all firearms in its possession, including but not limited to particulars of firearms acquired by it and disposed of by it.

(5) Every security company which possesses firearms must store and transport the firearms in accordance with such regulations as may be prescribed.

(6) The provisions of this Act in respect of inspections which apply to firearms dealers apply, with the necessary changes, to security companies.

(7) The provisions of this section apply, with the necessary changes -

(a) to any person who holds a licence issued in terms of section 21 for a firearm used for business purposes; and

(b) to any person who uses a firearm on behalf of that licence holder.

23.(1) The Registrar may issue a temporary authorisation to possess a firearm.

(a) at the request and to the satisfaction of a police official or authorised person identify himself or herself forthwith; and

(b) at the request of a police official or authorised person forthwith produce such firearm and any licence, permit or authorisation in respect of such firearm.

(3) If a person fails to comply with the provisions of subsection (2), the police official or authorised person may seize the firearm without a warrant and keep the firearm in custody until the licence, permit or authorisation is produced or the firearm is disposed of in terms of this Act.

Inspection of premises

114.(1) Any police official or person authorised by the Registrar may enter -

(a) any place of business of a firearms dealer;

(b) any firearms or ammunition factory or place of business of a manufacturer of firearms and ammunition;

(c) any place of business of a gunsmith;

(d) any place of business of the holder of an importation or exportation permit;

(e) any place of business, including any vehicle, vessel or aircraft, of an authorised transporter of firearms and ammunition;

(f) any office or premises of an Official Institution which may issue a permit to its employees to possess and use firearms; or

(g) any place of business, including any vehicle, vessel or aircraft, of the holder of a licence in respect of firearms used for business purposes referred to in section 21 of this Act,

and conduct such inspection as he or she may deem necessary in order to determine whether the requirements and conditions of this Act or of any competency certificate, licence, permit or authorisation issued in terms of this Act are being complied with.

(2) The Registrar must -

(a) give reasonable notice to the head of -

(a) the South African National Defence Force;

(b) the South African Police Service;

(c) the Department of Correctional Services; or

(d) any intelligence service established in terms of the Constitution of the Republic of South Africa, 1996,

before any inspection of an office or premises of the relevant Official Institution is conducted as contemplated in subsection (1); and

(b) comply with such security arrangements as may be agreed to in this regard.

115. The provisions of Chapter 2 of the Criminal Procedure Act, 1977, apply with the necessary changes to the entry to premises, search for and seizure of any firearm, imitation firearm, airgun, device or ammunition referred to in this Act.

116.(1) For the purposes of applying section 20 of the Criminal Procedure Act, 1977 to the seizure of any article which is a firearm, imitation firearm, airgun, device or ammunition referred to in this Act, the section will be deemed to include the following additional paragraph -

"(d) which is on reasonable grounds believed to be in the possession or under the control of a person who is by reason of any physical or mental condition, however arising, incapable of having proper control of any firearm or ammunition or presents a danger of harm to himself or herself or to any other person."

(2) Notwithstanding the provisions of sections 30 and 31 of the Criminal Procedure Act, 1977, any article referred to in section 115 and lawfully seized by the State, must be dealt with or disposed of in accordance with the provisions of this Act.

117.(1) Notwithstanding the other provisions of this Chapter, any police official or any person authorised by the National Commissioner or a Provincial Commissioner of the South African Police Service, may, in the course of official policing operations contemplated in sections 13(6), (7) and (8) of the South African Police Service Act, 1995, search any premises, vehicle, vessel or aircraft and seize any firearm, imitation firearm, airgun, device or ammunition referred to in this Act -

(a) in respect of which there exists a reasonable suspicion that such article is held in contravention of the provisions of this Act; or

(b) for the purposes of determining whether the provisions of this Act in respect of such article have been complied with.

(2) The provisions of section 13 of the South African Police Service Act, 1995 apply with the necessary changes to any search or seizure contemplated in subsection (1).

118. Any police official or any other person authorised in writing by the Registrar may exercise the powers of a police official set out in section 37 of the Criminal Procedure Act, 1977, in respect of -

(a) any occupant of a vehicle, vessel or aircraft or premises in which any article referred to in section 115 is present and in respect of which there is a reasonable suspicion that any of the provisions of this Act may have been contravened by that occupant; and

(b) the owner or person in control of any vehicle, vessel or aircraft or premises in which any article referred to in section 115 is present and in respect of which there is a reasonable suspicion that any of the provisions of this Act may have been contravened.

119.(1) A police official may take the finger-prints, palm-prints, foot-prints and samples of genetic material of a person or a group of persons or may cause any such prints or samples to be taken, if -

(a) there are reasonable grounds to suspect that one or more of those persons have committed 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 the prints or samples or the results of an examination thereof, will be of value in the investigation by excluding or including one or more of the persons as a possible perpetrator of the offence.

(2) The person who has control over prints or genetic material taken in terms of this section -

(a) may subject them to examination for purposes of the investigation of the relevant offence or cause them to be so examined; and

(b) must destroy them immediately when it is clear that they will not be of value as evidence.

(3)Genetic material such as bodily samples especially blood samples may only be taken by a registered medical practitioner or a registered nurse.

120.(1) A police official may seize, test-fire and examine any firearm or ammunition or may cause it to be seized, test-fired and examined, if -

(a) there are reasonable grounds to suspect that one or more of the 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 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 the ammunition as an object used in the commission of the offence; or

(ii) one or more persons as a possible perpetrator of the offence.

(2) The person who has control over a firearm or ammunition seized in terms of this section must return it or otherwise dispose of it in terms of this Act immediately when it is clear that it will not be of value as evidence.

121.(1) For the purposes of any inquiry or investigation relating to the application of the provisions of this Act, the Registrar or any person authorised in writing by the Registrar may, notwithstanding the other provisions of this Chapter -

(a) at any reasonable time and without prior notice or with such notice as the Registrar or authorised person deems appropriate, enter any business or industrial premises; or

(b) at any reasonable time and with reasonable notice, enter any dwelling on or in which anything relating to the subject-matter of the inquiry or investigation is or is suspected to be.

(2) The Registrar or person authorised may -

(a) inspect and search those premises and there make such enquiries as he or she may deem necessary to the inquiry or investigation;

(b) examine anything found on those premises which might have a bearing on the subject-matter of the inquiry or investigation;

(c) request from the owner or person in control of those premises or from any person in whose possession or under whose control anything referred to in paragraph (b) is found, information or an explanation regarding such object;

(d) make copies of or extracts from any book or document found on or in those premises which might have a bearing on the subject-matter of the inquiry or investigation and request from any person suspected of having knowledge thereof an explanation of such book, document or any entry therein; and

(e) seize, against the issue of a written receipt, anything on or in those premises which might have a bearing on the subject-matter of the inquiry or investigation.

(3) Any entry upon, inspection of or search of any premises, or questioning of any person, in terms of this section must be carried out with strict regard to decency and order, including -

(a) the right of persons to respect for and protection of dignity;

(b) the right of persons to freedom and security; and

(c) the right of persons to personal privacy.

(4) The powers contemplated in subsection (2) may be exercised only in terms of a warrant issued by a judge, magistrate or justice.

(5) A warrant for purposes of this section may be issued only if it appears to the judge, magistrate or justice from information under oath or affirmation stating -

(a) the nature of the inquiry or investigation to be conducted;

(b) the reason for or suspicion which gave rise to the inquiry or investigation;

(c) the need for search and seizure in terms of this section; and

(d) the premises at which the warrant is to be executed

that there are reasonable grounds to suspect that anything referred to in subsection (2) is on or in the premises in question.

(6) Subject to subsection (7), the provisions of sections 21(3) and 27 of the Criminal Procedure Act, 1977 apply, with the necessary changes, to the execution of a warrant or to a search in terms of this section.

(7) A warrant contemplated by this section will be of force until -

(a) it is executed;

(b) it is cancelled; or

(c) the expiry of three months from the date of its issue,

whichever may occur first.

122. If, in the course of a lawful search for anything other than articles referred to in section 115, the person executing the search finds an article referred to in section 115, in respect of which a reasonable suspicion of illegality or illegal possession exists, such person may seize such article, and must then deal with it or dispose of it in terms of this Act.

123.(1) For the purposes of this section "residential premises" does not include a hotel, hostel, or an apartment building, but includes a room or suite in a hotel, a room in a hostel and an apartment in an apartment building.

(2) Whenever a person is charged with an offence in terms of this Act of which the possession of a 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 or ammunition to any other person, the following circumstances will constitute prima facie proof of possession by that person of the firearm or ammunition -

(a) where it is proved that a firearm or ammunition was present in contravention of this Act on or in a residential premises and the person was, at the time -

(i) over the age of 16 years and residing or ordinarily resident at such premises; or

(ii) in charge of such premises;

(b) where it is proved that a firearm or ammunition was found buried in or hidden on the land on which residential premises are situated and the person was, at the time -

(i) over the age of 16 years and residing or ordinarily resident at such premises;

(ii) in charge of such premises; or

(iii) employed to work on the land in or on which the firearm was found;

(c) where it is proved that a firearm or ammunition was present in contravention of this Act, on or in any premises other than residential premises and the person was, at the time -

(i) in control of the premises or of the room in which the firearm or ammunition was found;

(ii) one of less than 10 persons ordinarily employed at the premises;

(iii) present in the immediate vicinity of the place at the premises where the firearm or ammunition was present;

(iv) ordinarily employed in the immediate vicinity of the place at the premises where the firearm or ammunition was present; or

(v) in control of a locker, cupboard or container in the immediate vicinity of which the firearm or ammunition was present;

(d) where it is proved that a firearm or ammunition was present in contravention of this Act on a vehicle which was not used at the time to convey goods or passengers for gain and the person was, at the time -

(i) the driver of the vehicle;

(ii) the person in charge of the vehicle; or

(iii) one of less than 10 persons over the age of 16 present on the vehicle;

(e) where it is proved that a firearm or ammunition was present in contravention of this Act on a vehicle which was used at the time to convey goods for gain and the person was, at the time -

(i) the driver of the vehicle;

(ii) the person in charge of the vehicle;

(iii) the person in charge of the goods on the vehicle;

(iv) the consignor of any goods in or among which the firearm or ammunition was hidden;

(f) where it is proved that a firearm or ammunition was present in contravention of this Act on a vehicle which was ordinarily used to convey passengers for gain, and the person was, at the time, present on the vehicle and -

(i) the vehicle was, at the time, being used neither to convey passengers for gain nor for charitable purposes;

(ii) the firearm or ammunition was present in a place on the vehicle to which paying passengers did not have access and the person was the driver of the vehicle; or

(iii) the firearm or ammunition was present in a place on the vehicle to which paying passengers did not have access and the person was the employer of the driver of the vehicle;

(g) where it is proved that a firearm or ammunition was present in contravention of this Act on any aircraft other than an aircraft which was used to convey passengers for gain, and the person was at the time -

(i) the pilot of the aircraft;

(ii) present on the aircraft and the person in charge of the aircraft; or

(iii) one of less than 10 persons over the age of 16 present on the aircraft;

(h) where it is proved that a firearm or ammunition was present in contravention of this Act in the hold of an aircraft which was used at the time to convey goods for gain and the person was, at the time the person in charge of the goods on the aircraft;

(i) where it is proved that a firearm or ammunition was present in contravention of this Act on an aircraft or vessel which was, at the time, used to convey passengers for gain, and the firearm or ammunition was present in a place on the aircraft or vessel -

(i) to which paying passengers did not have access but to which the person did have access; or

(ii) in the immediate vicinity of the person;

(j) where it is proved that a firearm or ammunition was present in contravention of this Act on any vessel other than a vessel which was used to convey passengers for gain, and the person was at the time -

(i) the captain of the vessel;

(ii) in charge of that part of the vessel in which the firearm or ammunition was found;

(iii) ordinarily employed in the immediate vicinity of the place on the vessel where the firearm or ammunition was present; or

(iv) one of less than 10 persons over the age of 16 present on the vessel; or

(k) where it is proved that a firearm or ammunition was present in contravention of this Act hidden in the cargo of a vessel and the person was, at the time -

(i) the person in charge of the goods on the aircraft; or

(ii) the consignor of any goods in or among which the firearm or ammunition was hidden.

(3) Whenever a person is charged with an offence in terms of this Act of which the possession of a 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 or ammunition to any other person, the following circumstances will constitute proof of possession by that person of the firearm or ammunition unless the contrary is proved -

(a) where it is proved that a prohibited firearm or ammunition was present in contravention of this Act on or in a residential premises and the person was, at the time -

(i) present at such premises; and

(ii) in charge of such premises;

(b) where it is proved that a firearm or ammunition was present in contravention of this Act on a vehicle which was ordinarily used to convey passengers for gain, or in a vehicle owned by a person who derived income from the conveyance of passengers for gain and -

(i) the person was, at the time present on and in charge of the vehicle; and

(ii) the vehicle was, at the time, being used neither to convey passengers for gain nor for charitable purposes;

(c) subject to paragraph (d), where it is proved that a prohibited firearm or ammunition was present on a vehicle, vessel or aircraft which was used to convey goods for gain and the person was, at the time present on that vehicle, vessel or aircraft and in exclusive control of the goods on the vehicle, vessel or aircraft; or

(d) where it is proved that a firearm or ammunition was present in a sealed container on a vehicle, vessel or aircraft, and the person was the consignor of that container.

(4) Whenever in any criminal proceedings against a person it is proved that -

(a) the person was travelling in or on a vehicle, other than a vehicle manufactured or licensed to convey more than 20 passengers, at the time when any firearm -

(i) was in or on such vehicle;

(ii) was discharged from such vehicle; or

(iii) was wielded or discharged by any of the occupants of the vehicle; and

(b) the firearm was used at the time, or at about the same time, in the commission or attempted commission of an offence involving violence to a person,

it is presumed, until the contrary is proved, that the first-mentioned person was in possession of and used that firearm.

124.(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 and it is proved that such person was, at the time, the licenced or authorised possessor of the firearm alleged to have been lost, stolen or destroyed -

(a) proof that the person has failed to produce such firearm within seven days of the request of a police official to do so, will be prima facie proof that the firearm has been lost, stolen or destroyed; and

(b) proof that such firearm has been lost, stolen or destroyed, will be prima facie proof the person has failed to report such loss, theft or destruction.

(2) Whenever a person is charged with an offence in terms of this Act of failing to furnish, on request of a police official, information or particulars and it is proved that such person was, at the time, the licenced or authorised possessor of the firearm alleged to have been lost, stolen or destroyed -

(a) proof that the person has failed to produce such firearm within seven days of the request of a police official to do so, will be prima facie proof that the firearm has been lost, stolen or destroyed; and

(b) proof that such firearm has been lost, stolen or destroyed, will be prima facie proof the person has failed to furnish the said police official with the required information or particulars.

Presumption of Failure to take Reasonable Steps

125. Whenever a person is charged in terms of this Act with an offence of failing to take reasonable steps to ensure that no firearm or ammunition is brought in contravention of this Act onto premises, a vehicle, a vessel or an aircraft under his or her ownership or control, proof that a firearm or ammunition was brought, in contravention of this Act, onto premises, a vehicle, a vessel or an aircraft under his or her ownership or control will be prima facie proof that he or she failed to take reasonable steps to ensure that this did not take place.

126.(1) Failure to comply with a provision of this Act constitutes a criminal offence, an administrative transgression or both a criminal offence and an administrative transgression, as indicated in Schedule 3.

(2) The provisions of subsection (1) apply to any failure to comply with a provision referred to in the first column of Schedule 3.

(3) The second column of Schedule 3 is included only for the sake of easy reference and is not intended to limit the application of this section.

127. Subject to the provisions of the Criminal Law Amendment Act , 1997, a person who commits a criminal offence contemplated in section 126 is liable on conviction to a fine or to imprisonment not exceeding the period indicated in Schedule 3, or to both such fine and imprisonment.

128. (a) A person who is found guilty of a criminal offence contemplated in section 126 may be sentenced without taking into account any administrative fine, which may already have been imposed on him or her with respect to the same failure to comply with the relevant provision.

(b) If a person is sentenced as contemplated in paragraph (a), the relevant administrative fine must be refunded to that person.

129.(1) If a person commits an administrative transgression contemplated in section 126, the Registrar may -

(a) cancel any licence, permit or authorisation which that person may hold in terms of this Act;

(b) declare the person unfit to possess a firearm;

(c) where appropriate, cancel the accreditation of the person, in terms of this Act;

(d) make such forfeiture order as may be indicated in Schedule 3; and

(e) impose an administrative fine not exceeding the amount indicated in Schedule 3.

(2) When the Registrar exercises a discretion in terms of this section, he or she must follow such procedures as may be prescribed.

(3) The Registrar may not impose an administrative fine contemplated in subsection (1)(e) if the person concerned has been charged with a criminal offence in respect of the same failure to comply with the relevant provision of this Act.

130.(1) A person who is -

(a) present in the immediate vicinity of a prohibited firearm;

(b) over the age of 16 years, present and ordinarily resident at residential premises at the time at which a prohibited firearm is present at such premises;

(c) present and ordinarily employed at any premises or on or in any vehicle, vessel or aircraft at the time at which a prohibited firearm is present at such premises or on or in such vehicle, vessel or aircraft; or

(d) one of less than 30 persons present at any premises or on or in any vehicle, vessel or aircraft at the time at which a prohibited firearm is present at such premises or on or in such vehicle, vessel or aircraft

and who is unable to give a satisfactory explanation for his or her presence in relation to the prohibited firearm is guilty of an offence.

(2) A person who is -

(a) present in the immediate vicinity of a firearm or ammunition which is not in the lawful possession of any person;

(b) over the age of 16 years, present and ordinarily resident at residential premises at the time at which there is present at such premises a firearm or ammunition which is not in the lawful possession of any person;

(c) present and ordinarily employed at any premises or on or in any vehicle, vessel or aircraft at the time at which there is present at such premises, or on or in any vehicle, vessel or aircraft, a firearm or ammunition which is not in the lawful possession of any person; or

(d) one of less than 30 persons present at any premises or on or in any vehicle, vessel or aircraft at the time at which there is present at such premises, or on or in any vehicle, vessel or aircraft, a firearm or ammunition which is not in the lawful possession of any person,

and who is unable to give a satisfactory explanation for his or her presence in relation to the firearm or ammunition is guilty of an offence.

(3) (a) A person who -

(i) causes bodily injury to any person or causes damage to property of any person by negligently using a firearm;

(ii) discharges or otherwise handles a firearm in a manner likely to injure or endanger the safety or property of any person or with reckless disregard to the safety or property of any person; or

(iii) has a loaded firearm under his or her control in circumstances where it creates a risk to the safety or property of any person and who does not take reasonable precautions to avoid the danger,

is guilty of an offence.

(b) If the evidence on a charge involving the negligent use or handling of a specific firearm or a specific class of firearm does not prove the negligent use or handling of that specific firearm or specific class of firearm, but proves the negligent use or handling of another firearm or class of firearm, the accused person may be found guilty of the offence proved.

(4) (a) A person who -

(i) while in possession of a firearm, is under the influence of a substance which has an intoxicating or a narcotic effect; or

(ii) handles a firearm while he or she is under the influence of a substance which has an intoxicating or a narcotic effect,

is guilty of an offence.

(b) For the purposes of this subsection a firearm includes an antique firearm and any airgun.

(5) (a) A person who gives control of a firearm to a person whom he or she knows, or ought reasonably to have known -

(i) to be mentally ill; or

(ii) to be under the influence of a substance which has an intoxicating or a narcotic effect,

is guilty of an offence.

(b) For the purposes of this subsection a firearm includes an antique firearm and any airgun.

(6) A person who, without just excuse, points at another person -

(a) a firearm, whether or not the firearm is loaded or capable of being discharged; or

(b) anything which, in the circumstances, is likely to lead that person to believe that it is a firearm,

is guilty of an offence.

(7) A person who, without just cause, discharges a firearm in a municipal area or any public place, is guilty of an offence.

(8) A person who -

(a) fails to lock a firearm in the prescribed safe, strong-room or device for the safe-keeping of a firearm in his or her lawful possession when such firearm is not carried on his or her person or is not under his or her direct control;

(b) while in lawful possession of a firearm fails -

(i) to lock the firearm away in the prescribed safe, strong-room or device for the safekeeping of a firearm;

(ii) to take reasonable steps to prevent the loss or theft of the firearm while the firearm was on his or her person or under his or her direct control; or

(iii) to keep the keys of such safe, strong-room or device in safe custody,

(c) A person who loses or from whom a firearm is stolen as a result of that person's failure -

(i) to lock the firearm away in the prescribed safe, strong-room or device for the safekeeping of a firearm;

(ii) to take reasonable steps to prevent the loss or theft of the firearm while the firearm was on his or her person or under his or her direct control; or

(iii) fails to keep the keys of such safe, strong-room or device in safe custody,

is guilty of an offence.

(9) A person who -

(a) unlawfully adds to a competency certificate, licence, permit or authorisation any words, figures or letters extraneous to the competency certificate, licence, permit or authorisation as issued;

(b) unlawfully alters on or erases from any competency certificate, licence, permit or authorisation any words, figures or letters;

(c) uses or possesses any competency certificate, licence, permit or authorisation -

(i) to which any words, figures or letters have been unlawfully added;

(ii) from which any words, figures or letters have been unlawfully erased; or

(iii) on which any words, figures or letters have been unlawfully altered;

(d) being the holder of a competency certificate, licence, permit or authorisation, parts with its possession in order that it may be used by any other person;

(e) unlawfully uses or attempts to use a competency certificate, licence, permit or authorisation issued in the name of another to procure possession of a firearm or ammunition; or

(f) supplies particulars, answers or information in any application for a competency certificate, licence, permit or authorisation in terms of this Act, knowing them to be false, incorrect or misleading or not believing them to be correct,

is guilty of an offence.

(10) A person who -

(a) makes a false entry in a register which is required to be kept in terms of this Act;

(b) furnishes false information in any return required to be submitted in terms of this Act; or

(c) for the purpose of obtaining, whether for himself or herself or for any other person, any competency certificate, licence, permit or authorisation in terms of this Act, makes any statement or representation knowing it to be false or believing it to be true,

is guilty of an offence.

(11) A person who -

(a) sells, supplies or in any manner gives possession of a firearm or ammunition to a person who is not allowed in terms of this Act to possess a firearm or ammunition; or

(b) is in possession of any firearm, imitation firearm or ammunition, with intent to commit an offence or uses the firearm or an imitation firearm to resist arrest or prevent the arrest of another person,

is guilty of an offence.

(12) A holder of a licence, permit or authorisation to possess a firearm or another person who is in possession or has control of a firearm who fails to report the loss, theft or destruction of the firearm to the police station nearest to the place where the loss, theft or destruction occurred, within 24 hours after having become aware of the loss, theft or destruction of the firearm, is guilty of an offence.

(13) A firearms licence holder or holder of a temporary authorisation to possess a firearm who fails to surrender the licence or authorisation for that firearm to the police station nearest to the place where the loss, theft or destruction occurred, within 24 hours after having become aware of the loss, theft or destruction of the relevant firearm, is guilty of an offence.

(14) A person who obstructs or hinders any person in the performance of any duty in terms of this Act is guilty of an offence.

(15) A person who contravenes or fails to comply with any provision, direction or requirement of any notice issued in terms of this Act, is guilty of an offence.

131. The National Commissioner is hereby appointed as the Registrar.

132. The Registrar -

(a) must establish and maintain the Central Firearms Register;

(b) must establish and control the Office of the Central Firearms Register;

(c) must recover from persons the fees payable by them in terms of this Act;

(d) must, where appropriate, issue or cancel accreditations in terms of this Act;

(e) must develop a training curriculum for competency testing in terms of this Act;

(f) must conduct research into firearms policies;

(g) must monitor the implementation of this Act;

(h) must conduct public education programmes concerning the provisions of this Act and all other matters relating to the safe possession and use of firearms;

(i) may conduct any investigation or enquiry which he or she deems necessary in order to exercise his or her powers or carry out his or her duties in terms of this Act;

(j) must appoint police officials as Designated Firearms Officers, determine their powers and allocate their duties in terms of the provisions of this Act;

(k) may take the necessary steps to recover administrative fines and enforce other administrative measures and penalties envisaged in this Act;

(l) may make recommendations to the Minister on any matter relating to this Act; and

(m) must perform all other functions and duties allocated to him or her in terms of this Act.

133.(1) The Central Firearms Register must contain -

(a) the central firearms database

(b) the central dealers' database;

(c) the central manufacturers' database;

(d) the central gunsmiths' database;

(e) the central importers' and exporters' database;

(f) the central Official Institutions database; and

(g) any other information required to be kept by the Registrar in terms of this Act.

(2) The central databases referred to in subsection (1) must contain -

(a) such information as may be prescribed concerning -

(i) competency certificates, licences, authorisations and permits, as well as renewals and cancellations thereof;

(ii) applications for competency certificates, licences, authorisations and permits and any renewal applications, which have been refused in terms of this Act;

(iii) transfers of firearms effected in terms of this Act;

(iv) imports and exports of firearms and ammunition in terms of this Act;

(v) the transport of firearms and ammunition in terms of this Act; and

(vi) the loss, recovery, theft or destruction of firearms.

(b) all original documentation submitted in support of all applications made in terms of this Act;

(c) a record of all licensed dealers, manufacturers, gunsmiths, importers and exporters, transporters for reward, accredited institutions, organisations and brokers and all firearms and ammunition in their possession;

(d) a record of all firearms in the possession of Official Institutions;

(e) a record of the acquisition, transfer, loss, theft or destruction in respect of firearms in the possession of Official Institutions;

(f) a record of all firearms recovered, forfeited to the State or destroyed;

(g) the fingerprints which have been submitted for purposes of an application in terms of this Act; and

(h) any other documentation and information as may be prescribed.

134. Any document containing information contemplated in section 133 and purporting to be a certificate signed by the Registrar, is upon its mere production by any person, prima facie proof of the facts stated therein.

135.(1) The Registrar must, in consultation with the Minister, appoint a woman or a man as Head of the Office of the Central Firearms Register.

(2) The Head of the Office of the Central Firearms Register -

(a) is responsible for the management of the Office of the Central Firearms Register; and

(b) must perform the duties delegated to him or her by the Registrar.

136.(1) An Appeal Board is hereby established.

(2) The Appeal Board must perform the functions entrusted to it in terms of this Act.

137. The Appeal Board must -

(a) comprise not more than five members appointed by the Minister; and

(b) as far as possible be broadly representative of the population of South Africa.

Conditions of service, remuneration and allowances of members of Appeal Board

138.(1) The period and conditions of office, remuneration and allowances of the members of the Appeal Board are as prescribed.

(2) (a) The Minister may at any time withdraw the appointment of a member of the Appeal Board if in his or her opinion there is sufficient reason for doing so.

(b) A member may resign by notice in writing to the Minister.

139.(1) The quorum for, the procedure at, and the holding of meetings of the Appeal Board are as prescribed by regulation.

(2) The regulations contemplated in subsection (1) may include regulations empowering the Appeal Board to establish committees consisting of members of the Appeal Board to exercise the powers and perform the functions delegated to them by the Appeal Board.

140. The administrative work of the Appeal Board will be performed by persons appointed by the Registrar.

141.(1) The Minister may, if he considers it appropriate, establish committees from time to time to assist him or her or any other functionary appointed in terms of this Act in respect of any matter dealt with in this Act.

(2) The composition and functions of the Committee must be determined by the Minister.

(3) The conditions of office, remuneration, allowances and other benefits of members of the Committee shall be as prescribed.

142.(1) Any person -

(a) whose application in terms of this Act for a competency certificate, licence, permit or authorisation has been refused;

(b) whose competency certificate, licence, permit, or authorisation has been cancelled;

(c) whose licence, permit or authorisation has been issued subject to any condition; or

(d) who has received a notice of an administrative decision in terms of this Act which may detrimentally affect his or her rights,

may, in the prescribed manner, appeal to the Appeal Board.

(2) The Appeal Board may confirm, vary or reverse any decision appealed against in terms of this section.

(3) The Appeal Board may admit evidence of facts not before the Registrar when he or she made the decision which is the subject of the appeal only if it is satisfied -

(a) that there is a reasonable explanation for the failure timeously to inform the Registrar of the facts;

(b) that the Registrar has had sufficient opportunity to verify the facts; and

(c) the Registrar is not prejudiced by the admission of the evidence.

(4) Subject to the provisions of this Act, no person is excused from complying with any of the provisions of this Act on the ground that an appeal is pending in terms of this section.

143. No compensation is payable to a person in respect of a firearm or ammunition forfeited to the State in terms of this Act if the relevant licence, permit or authorisation held by that person was cancelled in terms of this Act because that person -

(a) committed any offence;

(b) was declared unfit to possess a firearm;

(c) failed to comply with the provisions of this Act; or

(d) failed to comply with a condition in the relevant licence permit or authorisation.

144. No compensation is payable to a person in respect of a firearm or ammunition seized by the State because -

(a) no licence, permit or authorisation had been issued to that person in terms of this Act;

(b) the firearm or ammunition was for any other reason unlawfully in the possession of that person; or

(c) the firearm or ammunition was lost by or stolen from the lawful owner thereof and where the Registrar is satisfied that the loss or theft was caused by the negligence of the lawful owner.

145.(1) The Registrar may in respect of any firearm or ammunition seized by, surrendered to or forfeited to the State, issue a notice in the Gazette that it is the intention of the State to destroy that firearm or ammunition.

(2) A person who has a valid claim to the relevant firearm or ammunition may, within 21 days after the publication of the notice in the Gazette, make representations to the Registrar why the firearm or ammunition should not be destroyed.

(3) If the Registrar is not satisfied, after consideration of any representations contemplated in subsection (2), that a valid claim to the relevant firearm or ammunition has been proved, the firearm or ammunition may be destroyed and no compensation will be payable to anyone in respect thereof.

146.(1) A person whose firearm has been surrendered or forfeited to the State in circumstances other than those referred to in sections 143, 144 and 145 may make application to the Registrar, completed in the prescribed form, for compensation in respect of that firearm.

(2) On receipt of an application for compensation made in terms of this Act the Registrar must -

(a) satisfy himself or herself that compensation is payable in terms of this Chapter;

(b) if compensation is payable, attempt to agree with the applicant the amount of compensation to be paid; and

(c) if compensation is payable, but no compensation is agreed, determine the amount of compensation to be paid.

(3) An applicant for compensation may appeal against a decision of the Registrar made in terms of subsection (2)(c).

(4) On receipt of an appeal lodged in terms of subsection(3) the Appeal Board must -

(a) hear the applicant and the Registrar; and

(b) determine the amount of compensation to be paid.

(5) The Minister must, in consultation with the Minister of Finance, as soon as practicable, establish guidelines for the payment of compensation, taking into account -

(a) the financial constraints on the State and its ability to meet actual and anticipated claims for compensation; and

(b) the interests of persons who have applied or may in the future apply for compensation.

(6) The guidelines referred to in subsection (5) bind -

(a) the Registrar when he or she agrees or determines compensation in terms of subsection (2); and

(b) the Appeal Board when it determines compensation in terms of subsection (4).

147. In this Chapter "amnesty" means an indemnity against prosecution for the unlawful possession of a firearm or ammunition.

148.(1) The Minister may, by notice in the Gazette, declare an amnesty if he or she is satisfied that -

(a) the amnesty may result in the reduction of the number of illegally possessed firearms in South Africa; and

(b) it is in the public interest to do so.

(2) A notice contemplated in subsection(1) must -

(a) at least 14 days before publication thereof in the Gazette, be submitted for tabling in both Houses of Parliament, by handing it to the Speaker of the National Assembly and the Chairperson of the National Council of Provinces;

(b) specify the period during which persons may apply for amnesty; and

(c) specify the conditions under which amnesty may be granted.

(3) A person who surrenders a firearm or ammunition in compliance with a notice published in terms of subsection (1) may not be prosecuted -

(a) in relation to the firearm, for having been in possession of that firearm without the appropriate licence, permit or authorisation; or

(b) in relation to the ammunition, for having been in possession of that ammunition without having been in lawful possession of a firearm capable of firing the ammunition.

(4) (a) A person who surrenders a firearm in compliance with a notice published in terms of subsection (1) may apply in terms of this Act for a licence in respect of that firearm.

(b) If a licence is granted the firearm and any relevant ammunition surrendered in terms of this Act must be returned to the relevant licence holder.

(5) The Registrar must dispose of any firearm or ammunition surrendered in compliance with a notice in terms of subsection (1) in such manner as may be prescribed.

149.(1) The Minister may, after consultation with the National Commissioner and the Secretary for Safety and Security, if he or she is satisfied that -

(a) it is in the public interest; and

(b) it is in accordance with the objects of this Act,

by notice in the Gazette declare any premises or categories of premises to be firearm free zones.

(2) No person may, unless authorised to do so in terms of a notice issued in terms of subsection (1) -

(a) allow any firearm or ammunition to be in a firearm free zone;

(b) carry any firearm or ammunition in a firearm free zone; or

(c) store any firearm or ammunition in a firearm free zone.

(3) A police official may, without warrant -

(a) search any building or premises in a firearm free zone if he or she has a reasonable suspicion that a firearm or ammunition may be present in the firearm free zone in contravention of a notice issued in terms of subsection (1);

(b) search any person present in a firearm free zone; and

(c) seize any firearm or ammunition present in the firearm free zone or on the person in contravention of a notice issued in terms of subsection (1).

150.(1) Notwithstanding the provisions of this Chapter, the Minister may, if he or she considers it to be necessary in the interest of public safety or the maintenance of law and order -

(a) by notice in the Gazette prohibit or regulate, for a period specified in the notice -

(i) the supply; and

(ii) the transportation

within a particular area of firearms and ammunition, or firearms and ammunition of a particular class;

(b) by notice in the Gazette, direct all persons, or licenced dealers or authorised manufacturers, within a particular area or a class of such persons, or licenced dealers or authorised manufacturers within a particular area, to surrender, in accordance with directions in the notice, all firearms or ammunition within their possession, or all firearms or ammunition of a particular class within their possession; and

(c) by notice in writing to any particular licenced dealer or authorised manufacturer, direct him or her to surrender, in accordance with directions in the notice, all firearms and ammunition in his or her possession, or all firearms and ammunition of a particular class in his or her possession.

151. Notwithstanding any limitation on the use of a firearm licenced in terms of this Act, the firearm may also be used  -

(a) to euthanase or slaughter animals if it is suitable for that purpose; and

(b) for such purposes and in accordance with such requirements as may be prescribed.

152.(1) This Act applies retrospectively and applies to offences committed before this Act comes into operation if the relevant conduct would also have constituted an offence before this Act comes into operation.

(2) Any reference in this Act to an offence or any other form of conduct of a person includes an offence committed or conduct of a person before this Act comes into operation.

(3) Notwithstanding the retrospective application of this Act, any penalty imposed, in terms of this Act, in respect of conduct before the date when this Act comes into operation, may not exceed the maximum penalty which could have been imposed before that date.

153.(1) The Registrar may delegate any power or function conferred on him or her in terms of this Act to any official in the service of the State.

(2) An official to whom a power or function has been delegated in terms of subsection (1) must exercise the power or perform the function subject to the control and directions of the Registrar.

(3) The Registrar may, notwithstanding a delegation in terms of subsection (1), personally exercise the power or perform the duty delegated to another official.

154. The Minister may in writing designate any persons or categories of persons employed by the State as police officials for the purposes of this Act.

155.(1) Any notice or other document to be served on or given to any person in terms of this Act may be -

(a) delivered to that person;

(b) left at that person's usual or last known place of residence or business;

(c) left at an address specified by that person for the purpose of any application made in terms of this Act;

(d) posted by certified mail addressed to that person by name at that person's last known place of residence or business or at a postal address specified by that person for the purpose of any application made in terms of this Act;

(e) delivered to any legal representative or other agent of that person who is duly authorised by that person to receive it;

(f) if the relevant person is deceased, delivered to that person's legal representative, to the executor of his or her will or to any other representative; or

(g) if the relevant person is absent from South Africa, delivered to that person's legal representative or agent in South Africa or served in such manner as may be prescribed by regulation.

(2) This section does not apply to notices or other documents served or given during the course of any proceedings in a court of law.

156. A document purporting to be signed by a police official or person authorised by the Registrar; and indicating that the service was effected in accordance with section 155(1) by the person who has signed the document, is upon its mere production by any person, prima facie proof

of service of the notice or other document.

157.(1) The Minister may, by notice in the Gazette, from time to time, make regulations for all or any of the following purposes -

(a) Regulating the surrendering of firearms and ammunition to the South African Police Service;

(b) regulating the application and issue and renewal of competency certificates and firearms licences;

(c) regulating the application, issue and renewal of dealer's licences, manufacturer's licences and import, export and transit permits and the making of endorsements on such licences and permits;

(d) regulating the application, issue and renewal of gunsmith licences and making of endorsements on such licences;

(e) regulating the application for and the issuing of accreditations, as well as the cancellation of accreditations in terms of this Act;

(f) prescribing the manner and content of applications for competency certificates, licences, permits, authorisations, accreditations and of any other application in terms of this Act, and requiring such applications to be supported by statutory declarations, certificates and by other documents or information as may be prescribed;

(g) the production of any firearm to which any application relates for the purpose of identification, and the firing of ammunition for identification purposes and the person to whom an application must be submitted;

(h) providing for applicants for competency certificates or firearms licences to pass theoretical and practical tests as to their ability to handle firearms or to undergo courses of training designed to teach them to handle firearms safely;

(i) prescribing conditions and requirements to which competency certificates, licences, permits, authorisations and endorsements are subject;

(j) prescribing or providing for the determination of fees payable in respect of any competency certificate, licence, permit or authorisation or renewal of such competency certificate, licence, permit or authorisation or other matter in terms of this Act, the manner of assessing such fee and the other matters in respect of which fees are payable;

(k) prescribing forms of applications, competency certificates, licences, permits, authorisations, endorsements, registers, notices and other documents required for the purpose of this Act, or authorising the Registrar to prescribe or approve such forms, and requiring the use thereof;

(l) prescribing the information and particulars to be recorded in the prescribed registers and in the prescribed manner by licenced dealers, manufacturers, gunsmiths, and importers or exporters of firearms and ammunition;

(m) making provision for the security of any premises at which licenced dealers, manufacturers, gunsmiths, importers and exporters of firearms and ammunition, Official Institutions or persons who use firearms for business purposes conduct business and prescribing precautions and procedures to be taken to prevent the theft or abuse of firearms and ammunition in possession of such persons;

(n) prescribing precautions and procedures to be taken in respect of the carriage, use and safe custody or destruction of firearms and ammunition;

(o) making provision for the marking of firearms and ammunition with identifying marks before the issue of a licence, permit or authorisation or before such firearms and ammunition are imported or exported;

(p) enabling the Registrar to designate certain police officials or categories of police officials to issue competency certificates, licences, permits, authorisations or grant endorsements or to perform any other function prescribed by this Act;

(q) conferring or providing for exemptions from any provision of any regulation made under this Act;

(r) prescribing the manner in which and the forms on which an appeal must be lodged in terms of section 142;

(s) prescribing the particulars and information to be recorded in the Central Firearms Register by the Registrar under this Act and the matters in respect of which such particulars and information must be recorded;

(t) making provision for the surrender and disposal of competency certificates, licences, permits or authorisations issued in terms of this Act which have been suspended, revoked or cancelled or have ceased to be valid;

(u) prescribing the notification of a permanent change in the ordinary place of residence or the postal address or other circumstances of the holder of a competency certificate, licence, permit or authorisation;

(v) prescribing the acquisition, disposal, possession, importation or exportation of equipment and material designed for the charging or recharging of ammunition;

(w) providing for the reporting and control measures by any person in his or her capacity as executor, administrator, trustee, or liquidator of the estate of the former owner of firearms and ammunition of such firearms and ammunition;

(x) prescribing the period and conditions of office, remuneration, allowances and other benefits of the members of the Appeal Board;

(y) prescribing the quorum for the procedure at and the holding of meetings of the Appeal Board which may include a quorum for separate meetings of the Appeal Board and its committees;

(z) prescribing the requirements with which safes, strongrooms or devices for the safe-keeping of a firearm or ammunition must comply, which may include the safe keeping of the keys thereof;

(aa) prescribing -

(i) shooting ranges defined by the Minister for the purposes of this paragraph, the control and regulation of shooting-ranges, whether indoors or in the open, the approval of persons employed at such ranges, the standards and safety requirements with which such ranges must comply, the places where such ranges may or may not be established, and the types of firearms and ammunition which may be used thereat;

(ii) the periods within which existing ranges must comply with the requirements of the regulations referred to in subparagraph (i); and

(iii) the closure of ranges which do not comply with the prescribed requirements or at which such requirements are not being complied with;

(bb) the declaration of persons or categories of persons as dedicated collectors of firearms and ammunition, dedicated collectors of ammunition, occasional hunters, dedicated hunters or dedicated sports persons, subject to such terms, conditions, restrictions, directions or exemptions as may be determined, including the particulars or information to be furnished by such persons in an application to possess firearms and ammunition, any document which must accompany such application, the registration of such persons and the acquisition and disposal of firearms and ammunition by such persons;

(cc) prescribing the procedure to enable the Registrar to deal with unsafe firearms;

(dd) providing for the taking of fingerprints in respect of any application in terms of this Act if the Registrar deems it necessary;

(ee) making provisions for issues relating to the persons who acquire firearms and ammunition by way of inheritance subject to such terms, conditions, restrictions, directions or exemptions as may be specified;

(ff) prescribing, in addition to these referred to in this Act, the purposes for which a firearm classified for dedicated hunting or sports shooting may be used;

(gg) prescribing the information and particulars to be recorded in the registers by accredited hunting associations and sports-shooting clubs;

(hh) prescribing the information to be recorded in the annual report submitted to the Registrar by accredited hunting associations and sports-shooting clubs;

(ii) prescribing those prohibited or restricted firearms and ammunition that may be licenced to a person that may be kept in a private collection or public collection;

(jj) prescribing the safety measures applicable to the display of firearms and ammunition licenced for private and public collections;

(kk) prescribing the information to be submitted annually to the Minister in respect of temporary authorisations to possess a firearm;

(ll) prescribing the steps the Registrar must take before granting an application for the renewal of a licence;

(mm) prescribing, in addition to the information mentioned in the Act, other information relating to a change of circumstances regarding licenced dealers, manufacturers and gunsmiths;

(nn) prescribing the requirements of workstations to be established and maintained by licenced dealers, manufacturers, gunsmiths and a head of an Official Institution;

(oo) prescribing the form of application to replace a defaced, lost or stolen dealer's licence, manufacturers licence and gunsmiths licence;

(pp) prescribing matters related to the disposal of firearms and ammunition through licenced dealers;

(qq) prescribing work done on a firearm by a gunsmith;

(rr) prescribing the information and particulars to be recorded in the prescribed register and in the prescribed manner by the head of an Official Institution;

(ss) prescribing the procedures to be followed by the Registrar when declaring a person unfit to possess a firearm;

(tt) prescribing the manner of disposal of a firearm on the death of the licence holder;

(uu) prescribing the manner in which a person may carry a firearm in a public place;

(vv) prescribing the periods for which, the manner in which and by whom documentation contemplated in this Act must be retained;

(ww) to provide for the payment of fees in respect of -

(i) certification in accordance with the provisions of this Act;

(ii) the issuing of licences, permits and authorisations in terms of this Act; and

(iii) any other service which may be rendered in terms of this Act;

(xx) prescribing any other matter that may be prescribed in terms of this Act;

(yy) to provide for any other matter which may, in terms of this Act, be provided for by regulation; and

(zz) to provide for any other matter that the Minister may consider expedient to promote the purposes of this Act.

(2) The regulations made in terms of subsection (1) may prescribe penalties for any failure to comply therewith, of a fine or imprisonment not exceeding 12 months or both such fine and such imprisonment.

(3) A regulation regarding state revenue or expenditure may be made only with the concurrence of the Minister of Finance.

(4) Different regulations, other than regulations relating to the payment of fees, may be made with reference to different areas in South Africa.

158.(1) For the purposes of this section "ceases to carry on business" includes, but is not limited to, ceasing to carry on business by reason of insolvency, liquidation, curatorship or death.

(2) If a person who holds a licence, permit or authorisation for the purpose of conducting a business or who holds a licence, permit or authorisation for business use, ceases to carry on business for any reason -

(a) the firearms and ammunition in possession of that person must be kept in safe custody at a place designated by the Registrar, until they are disposed of in accordance with such regulations as may be prescribed and with the directions of the Registrar; and

(b) any person who disposes of a firearm in terms of paragraph (a) must notify the Registrar in writing thereof.

159.(1) In the case of the death of the holder of a firearms licence, the firearm must be disposed of in accordance with such regulations as may be prescribed and with the directions of the Registrar.

(2) The executor of the will of a deceased person or the administrator of a deceased estate who comes into possession of a firearm licenced to the deceased must store the firearm in accordance with such regulations as may be prescribed.

(3) A person who, on the death of the holder of a licence, permit or authorisation, becomes entitled to the relevant firearm must -

(a) if he or she wishes to acquire the firearm, apply for an appropriate licence, permit or authorisation in terms of this Act; or

(b) if he or she does not wish to acquire the firearm, or fails to obtain the appropriate licence, permit or authorisation, dispose of them in accordance with such regulations as may be prescribed and with the directions of the Registrar.

(4) Any person who disposes of a firearm in terms of this section must notify the Registrar in writing thereof.

160.(1) For the purposes of this section "relative" means a spouse, child, parent, grandparent, uncle, aunt, brother or sister.

(2) Notwithstanding the provisions of sections 3 and 159, a person who inherits a firearm or firearms from his or her relative may have those firearms in his or her possession, if -

(a) the firearm is not a prohibited or restricted firearm; and

(b) he or she obtains a permit referred to in subsection (3).

(3) The Registrar may, on application, completed in the prescribed form, issue to a person a permit to possess a firearm or firearms inherited from his or her relative.

(4) A firearm in respect of which a permit is issued in terms of this section may not be used unless a licence in terms of this Act has been issued in respect of that firearm.

(5) If a licence is issued in respect of any firearm contemplated in this section, all the relevant provisions of this Act shall apply in respect of that licence and firearm.

161.(1) A firearm may only be destroyed in accordance with such regulations as may be prescribed.

(2) Any firearm or ammunition forfeited to the State in terms of this Act -

(a) must be destroyed by the State within six months of the date of the forfeiture; and

(b) will remain the property of the owner thereof pending its destruction.

(3) (a) Notwithstanding the provisions of subsection (2), the State may retain any firearm or ammunition forfeited to the State, which the Registrar deems to be of special value.

(b) (i) Any firearm or ammunition retained by the Registrar in terms of paragraph (a) shall become the property of the State.

(ii) Subject to the provisions of Chapter 19, the owner of any firearm or ammunition which becomes the property of the State in terms of this subsection shall be entitled to compensation therefor in terms of this Act.

162.(1) For the purposes of this section "to deactivate" means to render permanently inoperable and "deactivation" has a corresponding meaning.

(2) A firearm may only be deactivated in accordance with such regulations as may be prescribed.

(3) Only a licenced gunsmith may deactivate a firearm.

(4) If a firearm is deactivated by a gunsmith -

(a) the gunsmith must issue a certificate to that effect indicating the manner in which the deactivation was performed;

(b) the licence holder must notify the Registrar thereof within 14 days and at the same time forward to him or her a copy of the deactivation certificate; and

(c) the gunsmith must notify the Registrar thereof within 14 days and at the same time forward to him or her a copy of the deactivation certificate.

163. Notwithstanding any law to the contrary any magistrate's court has jurisdiction to impose any penalty provided for in terms of this Act.

164. Subject to the provisions of Schedule 1, the previous Act is hereby repealed.

165. Subject to any specific provisions to the contrary, this Act binds the State.

Short title and commencement

166.(1) This Act is called the Firearms Control Act, 1999, and comes into effect on a date to be fixed by the President by proclamation in the Gazette.

(2) Different dates may be so fixed in respect of different provisions of this Act.

1.(1) Subject to subitem (2) and item 11, any licence, which was issued in terms of the previous Act and which was valid immediately before the date of the commencement of this Act, remains valid for a period of five years from the date this Act comes into operation, unless terminated, cancelled or surrendered in terms of this Act.

(2) (a) The holder of a licence to possess an arm contemplated in subitem (1) must, before the end of the period contemplated in that subitem, in a lawful manner dispose of any firearms in his or her possession in excess of the number that he or she may lawfully possess in terms of this Act.

(b) For the purpose of paragraph (a), section 32 does not apply.

(3) Any firearm not disposed of as contemplated in subitem (2) may be forfeited to the State and must be disposed of in such manner as the Registrar may direct.

2. Subject to item 11, any licence issued in terms of section 19(1) or transferred in terms of section 20 of the previous Act or any temporary licence issued in terms of section 19A(1) of the previous Act, which was valid immediately before the date of commencement of this Act, remains valid for one year from that date, unless terminated, cancelled or surrendered in terms of this Act.

3. Subject to item 11, any permit issued in terms of section 26(1) or 32(1) of the previous Act, which was valid immediately before the commencement of this Act, remains valid for the period specified in that permit, unless terminated, cancelled or surrendered in terms of this Act.

4. Subject to item 11, any permit issued in terms of section 30 of the previous Act, which was valid immediately before the commencement of this Act, remains valid for one year from that date, unless terminated, cancelled or surrendered in terms of this Act.

5. Subject to item 11, any authorisation issued in terms of section 3(5) or 33A(1) of the previous Act or any permit issued in terms of the previous Act other than a permit contemplated in item 3 or 4, which was valid immediately before the commencement of this Act, remains valid for the period specified in the authorisation or permit, as the case may be, unless terminated, cancelled or surrendered in terms of this Act.

6.(1) Any person declared to be unfit to possess an arm in terms of the previous Act must be regarded as having been declared unfit to possess an arm in terms of this Act.

(2) Despite items 1, 2, 3, 4 and 5, any person holding a licence contemplated in any of those items may in terms of this Act be declared unfit to possess a firearm.

7.(1) The register kept in terms of section 42 of the previous Act may be maintained by the Registrar for such period as may be necessary.

(2) A certificate purporting to be signed by the Commissioner or any person acting under his or her authority stating any fact recorded in the register referred to in subitem (1) is upon its mere production by any person, prima facie proof of the fact so stated.

8.(1) Subject to subitems (2) and (3), this Act does not affect any matter instituted in terms of the previous Act which is pending in a court of law immediately before the date of commencement of this Act, and such matter must be disposed of in the court in question as if this Act had not been passed.

(2) A matter must be regarded as being pending if the person concerned has pleaded to the offence in question.

(3) No matter may continue against any person in respect of any contravention of a provision of the previous Act if the alleged act or omission constituting the offence would not have constituted an offence if this Act had been in force at the time when the act or omission took place.

9.(1) An investigation by the Commissioner in terms of the previous Act which has on the date this Act took effect not been completed, must be discontinued.

(2) Any act or omission committed prior to the coming into operation of this Act, which constituted grounds for declaring a person unfit to possess an arm, must be deemed as grounds in terms of which a person may be declared unfit to possess a firearm in terms of this Act and may be dealt with in terms of this Act.

10.(1) Despite this Schedule, the Registrar may at any time notify any person who holds a licence, permit or authorisation contemplated in item 1, 2, 3, 4 or 5 that he or she intends investigating the validity of that licence, permit or authorisation.

(2) The person notified must on a date specified in the notice furnish the Registrar -

(a) with the original licence, permit or authorisation in question, against the issue of a receipt; and

(b) with such additional information as may be required in terms of the notice.

(3) If the Registrar finds that the licence, permit or authorisation was not validly issued, the holder of the licence, permit or authorisation must, if applicable and against the issue of a receipt, surrender the firearm in question to a police official at a police station specified by the Registrar in a written notice to the holder.

(4) Upon receipt the firearm must be disposed of as prescribed.

(5) The Registrar may declare the holder referred to in subitem (3) to be unfit to possess a firearm, in which case the provisions of Chapter 12 of this Act apply with the necessary changes.

(6) Any person who fails to comply with subitem (2) or (3) is guilty of an offence and is liable on conviction to a fine, or to imprisonment for a period not exceeding one year or to both such fine and imprisonment.

11.(1) (a) The holder of a licence, permit or authorisation contemplated in item 1, 2, 3, 4 or 5 must apply for the licence, permit or authorisation in terms of this Act within the period determined by the Minister by notice in the Gazette.

(b) Different periods may be determined in terms of paragraph (a) in respect of -

(i) different licences, permits or authorisations; and

(ii) holders whose surnames start with different letters of the alphabet, or whose dates of birth fall in different months.

(c) The period contemplated in paragraph (a) must end before the end of the relevant period contemplated in item 1(1) and may not exceed the periods contemplated in item 2, 3, 4 or 5.

(2) An application for a licence, permit or authorisation contemplated in subitem (1) must in addition to any requirement in terms of this Act be accompanied by -

(a) the existing licence, permit or authorisation or a certified copy thereof;

(b) such other information as may be required.

(3) For the purposes of this item, section 10(4)(o) does not apply.

(4) (a) If the holder of a licence, permit or authorisation fails to apply for the renewal of his or her licence, permit or authorisation before the end of the period determined by the Minister in terms of subitem (1), the Registrar may impose upon him or her a fine not exceeding R 100 for every month during which such failure continues.

(b) The Registrar may not impose the fine before such holder has been afforded an opportunity of making representations in writing to the Registrar setting out the reason for the failure to make such application.

1. High treason

2. Sedition

3. Sabotage

4. Terrorism

5. Public violence

6. Arson

7. Intimidation

8. Rape

9. Malicious damage to property

10. Entering any premises whether under the common law or a statutory provision, with the intent to commit an offence

11. Kidnapping

12. Child stealing

13. Culpable homicide

14. Extortion

15. An offence -

(a) in terms of this Act or the previous Act;

(b) involving the abuse of alcohol or drugs;

(c) involving dealing in drugs;

(d) in terms of the Domestic Violence Act, 1998; or

(e) involving violence or dishonesty,

(f) in terms of the Explosive Act, 1956.

and which is not an offence for which a court is obliged in terms of section 110(2) to declare a person unfit.

16. Any conspiracy, incitement or attempt to commit any offence referred to in this Schedule

TABLE OF OFFENCES AND ADMINISTRATIVE TRANSGRESSIONS