SUBMISSION ON THE FIREARMS CONTROL BILL SUBMITTED TO THE PORTFOLIO COMMITTE ON SAFETY AND SECURITY BY:

THE CENTRE FOR THE STUDY OF VIOLENCE AND RECONCILIATION

JANUARY 2000

INTRODUCTION

The Centre for the Study of Violence and Reconciliation (CSVR) is an NGO which, since its inception in 1989, has been dedicated to making a meaningful contribution to peaceful and fundamental transformation in South Africa. The CSVR engages in a range of activities including trauma counselling, conflict management and prevention, research, policy formation, education and training and advocacy and lobbying. Our target constituencies include the youth, women, police, security companies, schools, various government departments and community organisations.

The CSVR has reviewed the submission on the Firearms Control Bill which has been made by the Gun Control Alliance. We would like to pledge our full support and endorse this submission. In view of our experience gained through our grass roots interventions, in particular in schools and with survivors of violence, we would like to emphasise the following points.

The Charter calls for strict screening of licence holders.

We strongly support the provisions for competency certificates which includes domestic violence offences as one of the considerations to be taken into account in relation to the issuing of competency certificates.

We have some concerns relates to the ongoing monitoring of licence holders. This has emerged as an issue when we have been conducting trauma counselling with security guards who have been victims of armed robberies in the course of their work. After such incidents, they are often immediately returned to their duties, regardless of their psychological condition. We have had concerns about their competency to carry fire-arms while in a state of psychological distress. Post-traumatic stress reactions include hyper-vigilance, startle responses and anxiety. The risk of a firearm being used incorrectly and dangerously in such situations is high. We do not feel that the bill makes adequate provision for monitoring gun holders in such circumstances.

Clause 87 (1) (a) (ii) - we support the submission made by the Gun Control Alliance that persons carrying a handgun in a public place must have that firearm in a holster or similar holder attached to his or her person. A number of survivors of muggings and smash and grab robberies in cars, who attend the clinic have had their bag or brief case stolen with the gun inside. We therefore agree that part of the responsibility of having a firearm should be to carry it in a holster.

Clause 11 (2) (a) - Age of eligibility:

Staff of the CSVR who are working with the school going youth constituency are of the strong opinion that the age of eligibility should be changed to 25 years or that learners should be excluded from being allowed to possess a firearm.

The reasons for this are as follows:

1. Even if schools are made into gun free zones, this will not address issues of the safety of learners outside of school. Many lower primary school children are victimised by gun carrying older children on their way to and from school. In one school in which the CSVR is involved, a grade 4 child was found carrying a weapon, as protection as he was being threatened by older youth, armed with guns, on his way home. Such situations are not uncommon. By raising the age of eligibility, the risk of older youths threatening others with guns outside of school, will be reduced.

2. It is unlikely that the issue of older children up to early 20's attending school will be addressed for some time. Unless the age of eligibility is increased, learners in this age group will have legal access to carrying a firearm.

3. In the experience of CSVR staff working in schools, learners in the 18 - early 20's age group, do not always have the emotional and social maturity necessary to deal with being a gun holder. These youth do not always have a sufficiently well developed sense of responsibility and accountability to handle a gun. This is also the age where there is frequent experimentation with alcohol and drugs and where there is a strong need to fit into a gang or youth group. Violence is often part of this youth sub culture and youth sometimes respond to stress by acting out. In view of this, we would recommend that the age for eligibility be increased.

Mary Robertson

The Trauma Clinic