SUBMISSION ON THE FIREARMS CONTROL BILL

BY

The Child Accident Prevention Foundation of Southern Africa (CAPFSA)

In 1978, due to the growning concern about the number of childhhood injuries in South Africa the Child Accident Prevention Foundation was established under the Department of Paediatric Surgery/ University of Cape Town at The Red Cross Children’s Hospital. The Child Accident Prevention Foundation of Southern Africa (CAPFSA) functions as a Non- Profitmaking Organisation and aims to promote optimal health and development of all children in South Africa. CAPFSA further aims to reduce intentional and unintentional injuries of all severity through research, education, enviromental change and recommendations for legislation. To achieve this we work in co-operation with government, industry, non-governmental and community groups and individuals. CAPFSA believes that every child has a right to be protected, a right to develop and a right to achieve its full potential without the threat of being hurt.

INTRODUCTION

CAPFSA feels that this Bill is essential and if implemented and enforced properly it could protect our children’s rights to a safe environment. Too many children are injured by firearms on an annual basis. At the Red Cross Children’s Hospital alone more than 4 children were treated monthly for gunshot injuries during 1998.

Children suffer physically as well as emotionally when injured by guns, and these injuries also contribute to the high financial cost of treatment not only to the State but also to the victims and their families. In recent years at least 3 children became completely paralyzed from gunshot injuries,treated at the Red Cross Children’s Hospital requiring lifelong treatment. Three children also died after admission of a gunshot injury at the Red Cross Children’s Hospital.

Children are the innocent victims of Firearm injuries and our Foundation feels that this Firearms Control Bill will assist in reducing the number of these injuries not only to children but to other victims as well.

There are unfortuanatley no accurate data to show how many children are injured with firearms in South Africa. The following statistics from the Red Cross Children’s Hospital gives us some indication of the incidence of firearms injuries that occurred to children in the Cape Peninsula..These however only reflect the injuries of one hospital and do not include the deaths that present at the morgues in the Peninsula.

 

TOTAL NUMBER OF INJURIES

FIREARM INJURIES

% OF TOTAL

1995

11949

32

0.27

1996

11432

35

0.31

1997

6804

28

0.41

1998*

6131

52

0.85

From The period 1995 – 1998 an estimated 147 children were treated for gunshot injuries at this one hospital. During 97/98 there was a rationalation of services within the Western Cape Health sector. Patients who would have come directly to Red Cross Children’s Hospital were directed to their local Primary Health Care Facility hence the total number of general injuries dropped dramatically. Other types of injuries that presented were motor car accidents, falls, burns, poisoning, choking and others There were still considerably more gunshot-injured children seen in 1998.versus 1997 despite both years having dropped in total attendance. This indicates to us that firearm injuries to children are on the increase.

AGES IN YEARS

1995

n (%)

1996

n(%)

1997

n(%)

1998

n(%)

1

0

2 (5.7)

2 (7.1)

3 (5.8)

2

0

1 (2.9)

3 (10.7)

3 (5.8)

3

2 (6.3)

2 (5.7)

4 (14.3)

3 (5.8)

4

4 (12.5)

 

1 (3.6)

5 (9.6)

5

5 (15.6)

1 (2.9)

1 (3.6)

2 (3.9)

6

1 (3.1)

2 (5.7)

3 (10.7)

5 (9.6)

7

 

3 (8.6)

3 (10.7)

5 (9.6)

8

4 (12.5)

4 (11.4)

4 (14.3)

3 (5.8)

9

3 (9.4)

 

3 (10.7)

6 (11.5)

10

4 (12.5)

4 (11.4)

 

4 (7.7)

11

4 (12.5)

5 (14.2)

2 (7.1)

8 (15.4)

12

2 (6.3)

8 (22.86)

 

4 (7.7)

13

2 (6.3)

3 (8.6)

2 (7.1)

1 (1.9)

14

       

15

1 (3.1)

     

TOTAL

32 (100)

35 (100)

28 (100)

52 (100)

Average Age

8.2 years

8.9 years

6.3 years

7.3 years

When we look at the agegroup of the children treated at the hospital There appears have been been little difference in the age of children seen for gunshot injuries over the four years. However, between 1994 and 1995 the department did begin to see more children under the age of 5 years old. In 1994, only 18.8% of the children seen were under the age of 5 while in 1997 this proportion was 35.7% and in 1998 it was 27.0%. All age groups were therefore affected. The low incidence in the 14 and 15 age group are due to the fact that this hospital mainly treat children up to the age of thirteen years. Therafter they would be treated at a different hospital such as Groote Schuur hospital

GENDER

1995

1996

1997

1998

Male

23 (71.9)

24 (68.6)

16 (57.1)

40 (76.9)

Female

9 (29.1)

11 (31.4)

12 (42.90

12 (23.1)

TOTAL

32 (100)

35 (100)

28 (100)

52 (100)

As with all injuries, boys were more likely to be involved in these types of injuries than girls.

PLACE OF OCCURRENCE

1995

1996

1997

1998

Own home – inside

6 (20.7)

4 (11.4)

3 (10.7)

10 (20.0)

Own home – outside

4 (13.8)

7 (20.0)

10 (35.7)

13 (26.0)

Other home – inside

2 (6.9)

2 (5.7)

2 (7.1)

1 (2.0)

Other home – outside

1 (3.4)

1 (2.9)

1 (3.6)

3 (6.0)

Road/pavement

11 (37.9)

12 (34.3)

5 (17.9)

15 (30.0)

School/crèche

   

1 (3.6)

 

Public place

4 (13.8)

1 (2.9)

5 (17.9)

3 (6.0)

Sport

 

1 (2.9)

 

1 (2.0)

Other

1 (3.4)

7 (20.0)

1 (3.6)

4 (8.0)

TOTAL

29* (100)

35 (100)

28 (100)

50*(100)

* unknown in some cases

Nearly 50% of all gunshot injuries to children occured inside or outside the child’s own home with a further one-third of these injuries occurring on the streets.

Significant numbers of injured children live areas such as Guguletu, Hanover Park, Khayelitsha, Philippi and Bonteheuwel.

Reasons given for these children being shot were(in order from most to least common)

· caught in crossfire

· playing with a gun or bullet

· shot during a taxi war

· shot by gangsters

· shot by another child/friend

· shot deliberately by an adult

· shot by a law enforcement officer while breaking into property

Consideration should also be given to the availablity of softball guns and pellet guns. Many of these are realistic duplications of propper guns and have been used in hold ups. Soft ball guns are a common cause of injuries to children and during a two month period December 1998 – January 1999,, 33 children sustained injuries from soft ball guns. These figures are from a study done by the Department Opthamology, Univerity of Cape Town.

10 of these children required surgical intervention to save their vision. We can therefor see that these toys are capable of producing serious eye injuries and currently there are no legislation in place to restrict there use because the kinetic energy of the projectiles is below the level for licencing a firearm.

SPECIFIC COMMENTS NUMBERED ACCORDING TO CLAUSE NUMBERS IN THE BILL

Clause 11(1) Competency Certificate

The Foundation welcomes/supports the idea of competency Certificates. This should assist with limiting the number of firearms which may be legally owned.

This section in the Bill will also ensure that licences for firearms will only be issued to persons who have proven that they have a sense of maturity and responsibility by having successfully completed the prescribed training and practical tests regarding the safe handling of a firearm.

Clause 11 (2)(a)

The Foundation feels that the age of 18 years as the legal age to apply for a firearm is to young and should rather be changed to 25 (certain exeptions should be made).

We feel that individuals of 18 and 19 years might still attend school and owning a firearm is not appropriate. There seems to be high incidence in the suicide rate in the 18 years and older age group. It would therefor be of benefit to them not to have access to firearms.

Clause 105 (1) (a)

We feel that many families continue to be in danger whilst an interim protection order of the Domestic Violence Act, 1998 has been issued by a court. Could there possibily be a suspension of the gun license of the perpetrator pending the final outcome of hearing.

Clause 123 (a) Safe Storage

The Foundation strongly support clause 123 (a) which specifies how to store a firearm. We feel that it is imperative that firearms should be locked away in a prescribed safe or safe storage when not in use. Section 86(1) needs to specify what a person is obliged to do when it comes to storage. This should therefore be added to the bill

From research it has been found that a number of gun related injuries that has happened to children, occurs when children access a firearm because it was not stored safely.

We are however concerned about the enforcement of this section and feel that sufficient resources are required to implement and enforce this section.

Schedule 2 - Offences:

Murder as well as child abuse should be included as offences.

Clause 143

We welcome the power given to the Minister to declare certain areas as Firearm free zones. We feel all public areas where children are, such as schools, community centres, hospitals and clinics, Libraries and others should be declared Firearm Free Zones. The bill is not clear on how firearm free zones would work, especially with regards to the storage of guns. Where applicable proper and safe storage facilities for firearms belonging to visitors and employees should be provided by the institution/ security on that premises. Or firearms should be completely dismantled and parts stored separately to discourage theft. The best alternative could be that firearms may not be stored at the entrance of fierarm free zones.

Department of Paediatric Surgery

Submission on the draft Firearms Control Bill

I write this in the capacity of Trauma Surgeon and Head of the Trauma Unit of Red Cross Hospital and represent specifically all other doctors working at the Department of Paediatric Surgery and more broadly all other doctors working at Red Cross Children’s Hospital.

Red Cross Hospital is the only academic paediatric hospital in South Africa, and has 345 beds.

Our Trauma Unit opened in 1984 and at present sees and treats approximately 10.000 injured children every year.

As is well known, violent crimes against children continue to increase. Over the last 3 years we treated approximately 150 severe injured children after rape.

In the same period we also treated approximately 150 gunshot injuries.

The burden of gunshots to our Unit is significant. I worked for 5 years at Groote Schuur Hospital, where we see approximately 120 gunshot injuries per month. I thought it would be significantly better in a Children’s Hospital, but the first operation performed by me in this children’s Trauma Unit was a little boy who was shot through his abdomen.

According to a report compiled by the Child Accident Prevention foundation at our hospital, the percentage of children involved in firearm injuries has increased from 0.27% of all injuries to 0.85% of all injuries in the period from 1995 to 1998.

Many gunshot wounds do have severe complications and need prolonged hospital admission.

Especially as trauma surgeons we are progressively involved in the treatment of these firearm injuries.

It is well known that approximately 50 % of the enormous amount of murders in this country are committed with firearms. Every year since 1994 there have been at least 11.000 firearm related deaths.

Furthermore, there is absolutely no evidence that the possession of a firearm contributes to one’s safety.

Indeed, substantial evidence indicates that a firearm is more dangerous for the possessor and his/her family and friends than for anybody else.

From a large American study published in 1998, it was concluded that from all shots fired at a private home or yard, only 3% was in self-defence.

From studies in our own country (Gun Crime and Self defence in Alexandra and Bramly), it has been shown that 84% of violent crimes involved a firearm. Of people in possession of a self defence firearm, only 8% wore it at the time of their attack. Victims in possession of a firearm were nearly four times more likely to have it stolen than to use it in self defence.

Clearly, the overwhelming evidence shows that firearms are very dangerous and do kill.

Therefore we, as Medical doctors would like to express our strongest support for the new Firearms Control Bill.

We agree with the majority of the various aspects of the new bill, especially:

-the competency certificate required

-the gun free zones

and we hope that sufficient supplies (financial, equipment and personnel) will be guaranteed by the government to strictly implement this new law.

However, we would like the bill more strict on the following issues:

 

-Chapter 5 Competency certificate

10.(3) (a) The age of eligibility should be increased from 18 or older to 25 years or older, since particularly the abuse of firearms is high in the young age category.

10.(4) (c) says that a person will qualify for a certificate if they have been convicted of a crime listed in section 10, but they have been already served their sentence and 5 years have lapsed since they served their sentence. We disagree, since if a person has been declared unfit, he should stay unfit forever. "once unfit, always unfit".

(Addition) Additions need to be made:

-A list of applicants should be advertised for a certain period of time, so that the community is informed as well as can bring forward objection to a certain person carrying a firearm.

-At all times a close family member or partner should have the right to veto a certain person from carrying a gun. This specifically aimed at domestic violence.

Furthermore, it should be possible to follow this procedure via the existing police channels, anonymously.

 

-Chapter 12 Declaration of unfitness to possess a firearm.

109. (7) If a person has been declared unfit to carry a gun, this should permanent and not be changed after 5 years.

Once unfit, always unfit.

-Chapter 20 Special powers relating to amnesties, firearm free zones and emergencies.

149.(Addition)-Gunfree zones should be freely extended to include all areas of people gathering:

-all hospitals and all other health clinics

-all churches, all mosques and all other places of worship

-all schools, technicons and universities.

-all means of public transports (minibus taxis, busses, trains)

-all cinema’s

-all shopping centres

-all amusement and theme parks

-all recreational facilities

-all parks

-all game and nature reserves

I hereby offer my sincere thanks to the committee to deal with this complicated matter and for taking into account our points.

AB van As (MBChB, FCS(SA))

References