FIREARMS CONTROL BILL
No 34 of 2000

COMMENTS BY
The South African Wingshooters Association

 

Submitted to the Portfolio Committee on Safety and Security
of the Parliament of the Republic of South Africa
by Mr Barry Kraut BA LLB
on Wednesday, 16th August 2000.

 

1. Background: The SA Wingshooters Association

Since its formation early in 1995, the South African Wingshooters Association has experienced the fastest growth of any organisation in the hunting disciplines. With current paid-up membership of 1,170, it is the second largest sport hunting organisation in South Africa. Its main objectives are:

A large part of its activities is to co-ordinate and market the new concept of Community Shoots, which introduces the benefits of gamebird utilization to landowners and local communities. In 1999, more than fourteen Community Shoots were held and an estimated R250,000 of external funding was raised by rural communities. With an economic multiplier effect of four, this represents a million Rand of funding pumped in by wingshooters into local rural communities! Discussions are presently underway to expand this powerful concept into the poorer rural communities (such as Maputaland) and extend it to overseas hunters, thus boosting the potential income significantly.

The SA Wingshooters Association is accredited by the SA Police for the purposes of firearms licensing in terms of the current legislation. According to our records and to the best of our knowledge, not one of our members have been convicted of a crime involving firearms since the inception of the SA Wingshooters Association.

The Association is convinced that no legislation of any sort can be implemented and policed successfully unless it has the support of the citizenry and, particularly, of associations of the citizens who are involved in the activity the legislation seeks to control. It is therefore the expressed intention and desire of the SA Wingshooters Association to co-operate with the authorities in achieving a violence and crime free South Africa. We are convinced that we could play a much larger role in achieving this objective than is prescribed for an Association such as ours in the draft Bill i.e. the certifying by the chairperson of an applicant for a firearms licence "as a member of the association" or the approval of certain types of firearms to be used for certain purposes. We believe that Associations such as ours, and those of the hunters and sport shooters, being experts in their own specific field, could effectively deal with the training and subsequent certifying as competent, of prospective applicants for firearms licences within the ambit of such expertise.

For this reason, and in view of the fact that so few previously disadvantaged firearm owners belong to a hunting or shooting association, the SA Wingshooters Association has been instrumental in the establishment of the new International Shooting Association, which seeks to develop the shooting sports among all racial and cultural groups in South Africa and to act as a vehicle for education, training and the development of responsible and ethical sport shooting.

Because of the extensive use of specially trained gun dogs, the popularity of Community Shoots, the lack of distinction between clay target shooting and sport hunting (in fact, all wingshooters are encouraged to practise clay target shooting), the high usage of ammunition (up to 500 rounds in one day), and the prominent role of special anti-cruelty standards in the sport, Wingshooting (including bird hunting and clay target shooting) is regarded as a shooting category in its own right.

2. Primary Issues

As explained above, there is more in common between clay target shooting and gamebird hunting than any other form of shooting. Shotgunning is a separate activity in its own right . The only thing shotgunning has in common with other forms of shooting is the fact that gunpowder is used as the propellant. Hundreds of small pellets as opposed to a single bullet constitute that which is propelled from the barrel of shotgun. The accepted killing range of gamebirds when using bird shot is 40 m. Hunters in the field walk approximately 100 m apart in comparative safety. This is a very different scenario to the accepted activities of rifle and handgun shooters.

The current provisions in the draft Bill for classification as Dedicated Hunter/Sportsman makes no distinction between shotgunners and rifle/handgun shooters. In view of the close relationship between Clay Shooting and Gamebird Shooting and the vast differences between the latter two forms of shooting and that of Rifle/Handgun Shooting, we would suggest that the further category of firearm ownership be added to the Bill, namely that of "Shotgunning" with corresponding definitions of occasional shotgunner and/or dedicated shotgunner. As the requirements of the shotgunner are very different to those of the rifle/handgun shooter, the creation of this further category would simplify matters considerably:

(1) It would remove shotguns from the Sport Shooting category, as clay pigeon shooting would be specifically catered for.

(2) It would remove shotguns from the Hunting category, as gamebird hunting would be specifically catered for.

(3) The restriction on possession of ammunition contained in section 94 of the draft Bill which has caused much comment and criticism could to a large extent be dealt with by the separate classification of shotgunners. Whilst 200 big game cartridges might last a rifle hunter a lifetime, 200 shotgun cartridges are easily fired by a single shotgunner at the clay shooting range or a pigeon hunter, in a single afternoon. We would therefore suggest that the restriction on shotgun ammunition be removed or greatly increased. This suggestion would also apply to section 96 dealing with the re-loading of shotgun ammunition.

(4) Should such a new classification be added to the draft Bill, semi-automatic shotguns could also be quite satisfactorily dealt with. Only dedicated shotgunners with the requisite knowledge and expertise would be allowed to possess and use such a weapon. Such semi-automatic shotguns are produced world-wide with magazine capacities of either three or four cartridges. We would suggest that the restriction contained in section 18 (1) (c) be modified to fall in line with the rest of the world i.e. a maximum of four shots in the magazine. Such an amendment would also enable the majority of American hunters that come to our country, to use their guns, which would otherwise be prohibited. Such a prohibition would possibly be the swaying factor in such hunter’s decision to visit our country or go elsewhere, which would result in the corresponding loss of foreign currency.

With reference to the re-issuing of existing licences, we believe this should be scrapped because of the cost thereof and the administrative workload involved. If the re-issuing of a licence takes only 20 minutes, it would require 700 man-years to relicense all the firearms in South Africa. We fully support an extensive audit of all the existing licences and subsequent purging of the firearms register.

3. Issues of Principle

(1) Confiscation of Property without compensation

The implications have not been considered, especially in the case of shotguns which may cost R500,000 and more! Even factory-made shotguns can easily cost R30,000. It is our understanding that in terms of the Constitution the act of seizure of Property and the amount of compensation payable must be determined in a court of law. The constraints of the State referred to in section 140 (5) (a) cannot in terms of the Constitution affect the payment of the fair and proper compensation determined by the courts.

(2) Invasion of Privacy

The provision that random searches may be made of private homes, is unconstitutional and an invasion of privacy. At least there must be reasonable cause and it should be authorised by the courts.

(3) Exemption of State officials

The excemption of State employees from the provisions of this act cannot, under any circumstances, be justified. This amounts to discrimination in the extreme against law-abiding citizens.

(4) Lack of regulations

The lack of regulations is one of the most serious and disturbing flaws in the draft Bill. Regulations are an extremely important part of any draft Bill and if drafted improperly can change the entire meaning and intent on the Bill. We suggest that this draft Bill not be finalised in isolation and that the necessary regulations be drafted, discussed and considered before any part of this Bill is enacted.

(5) Prescribed Usage

The draft Bill seeks to prescribe the usage of firearms. We cannot support the restrictions on the lawful use of licenced firearms. If the firearm is licenced it should be allowed to be used for any lawful purpose in any lawful place.

(6) Restrictions on the numbers of firearms

A dedicated shotgunner has had a lifetime love affair with shotguns. He has spent probably more than he can afford on purchasing his shotguns. He is well aware of the safety requirements necessary to protect the "tools of his trade." The number of guns legally possessed by such a person does not influence his ability or desire to protect those valuable assets. In other words, the number of shotguns possessed by a dedicated shotgunner, does not constitute a greater or smaller risk to the community.

(7) Penalties

We would urge that a very close examination been made of some of the proposed penalties relating to offences under the Bill. The proposed act places a very great responsibility on the shoulders of law-abiding citizens. We refer here for instance to the extremely severe penalty of two years imprisonment for allowing a licence to become damaged or defaced. Similarly a licenced firearm owner who inadvertently forgets to carry his licence with him, whilst technically being guilty of an offence should not suffer the draconian penalty of ten years imprisonment prescribed in the draft Bill. The commission of such an offence could furthermore lead to such a person being declared unfit to possess a firearm. We urge the legislature to examine very carefully the penalties prescribed.

(8) Presumptions (Chapter 15)

This is contradictory to the provisions of the South African constitution and in essence the Constitutional Court has ruled against Section 40 (1) of the existing Arms and Ammunition Act of which this proposed chapter is merely an expansion. The entire chapter should be scrapped.

(9) Administrative Fines

The provision in the Bill for administrative fines has no basis in South African law and is contrary to Section 23 of the Constitution. Any person who is accused of an offence has the right to trial under law. The creation of administrative offences clearly precludes such access to the courts.

(10) License the owner not the gun

We urge a rethink of the Bill based on the licensing of the individual, not the firearm. This would obviate principle issues such as the requirement to prove the need to have a firearm and place more emphasis on the training and status of the individual and on safekeeping requirements. Moreover, once an owner is licensed, it would require only routine registration of firearms and save millions in unproductive administrative cost. This is the situation in Germany where in order to become a licenced hunter, such person has had to qualify by serving an apprenticeship and writing and passing stringent examinations .

4. Other Comment

Gun Free Zones

We oppose the declaration of gun free zones. Gun free zones make no provision for the increasingly popular Community Shoots, mentioned in our preamble, where a 100 shooters or more, with their guns and dogs may travel to and gather in a public venue (e.g. school hall, church hall) in a rural community , that will be the ultimate beneficiaries of the income generated thereby. In such rural communities the local school or church hall is normally the only venue that can accommodate the number of persons attending such events.

Training

We support the need for training, and indeed, urge the lawmakers to support Associations such as ours for this purpose. Safety training, firearm competence, provincial hunting legislation, quarry recognition and gun dog training are a major part of the make-up of an ethical Wingshooter, but is only achieved over a period of years and through active participation in the Association and on the clay shooting range. In order to do so, prospective shotgunners should join an association at an early age as possible. The SA Wingshooters Association have several junior members who do not yet own a shotgun but who are already safe shooters and who have a responsible attitude to guns.

5. Why do we want to own Guns?