RAPCAN, a Section 21 Company, has been in existence for some eleven years. We are committed to the development of innovative child abuse prevention strategies which combat the patterns of abuse which affect the lives of children and adults everywhere. Throughout its history, RAPCAN has worked towards a vision of a safe environment for all South African children, free from all forms of abuse, neglect and violence, in a country in which children are loved, respected and treasured.

We agree with Minister Steve Tshwete, who stated in a speech delivered at the Spier Wine Estate on 3rd February this year, that "our youth are at unacceptable risk of falling victim to violent crime, and at risk of becoming offenders". Our view is that children are at special risk from firearms in a number of ways. Unacceptably large numbers of children are killed every year with fire arms (819 in 1998, according to Chetty, R: Firearm Use and Distribution in South Africa, p 25). These deaths occur in a number of different ways.

• Firearms in the home fall into the hands of children and we have all read newspaper reports of children injuring or killing themselves or others with family guns.
• South Africa has the dubious distinction of having the highest rate of family murders in the world. A parent, typically the father, acts out his own frustrations by taking the lives of the entire family, including the children. These situations most frequently involve firearms.
• The gang culture, so prevalent in many of our communities, has resulted in many deaths of innocent children, often just bystanders to the violence being perpetrated around them.
• In addition, this culture seduces children and youth and encourages them to perpetrate violence upon one another. Frequently it is guns that are used - guns that would not be available if there was a more effective system of firearm control.
• Children learn from what they see around them. The current permissive legal framework and culture of easy gun ownership sends a message to many children that gun ownership is a normal part of life, even a rite of passage into adulthood.

We need to teach our children that guns are NOT toys or symbols of power – they are deadly weapons, and owning a firearm is a grave responsibility. Strict, clear, responsible firearm laws are essential in this regard.

RAPCAN favours the notion of a gun-free society. However, we acknowledge that it is not practical at the present time to argue for this, and see the proposed Firearms Control legislation as a first step in the right direction. Therefore we are in general support of the draft Firearms Control Bill (revised) and we urge Parliament to pass this or stricter legislation as a matter of urgency.

We are strongly in favour of the Bill’s provisions that:

• Sections 11 and 12: Competency certificates will be required before licenses may be issued.
• Section 16: The number of firearms that a person may own will be limited.
• Section 30: Licenses will be required to be renewed from time to time.
• Section 143: Official gun free zones may be declared.

We wish to recommend some changes to the draft Bill in order to ensure that it’s ability to address the particular vulnerability of children is strengthened. In particular, we recommend that children are protected in the following ways:

• Make it difficult for children to gain access to guns stored in their homes.
• Widen the range of imitation firearms that are prohibited.
• Limit the potential for violence within their homes to result in the use of firearms.
• Set stringent competency criteria.
• Punish severely those who threaten and / or intimidate children with firearms.
• Limit the ability of potentially violent owners to hurt children.
• Set stringent ownership requirements.
• Create gun-free zones, especially where children congregate in numbers (schools, etc).
• Determining appropriate responses focussed on rehabilitation for children who commit crimes using firearms.
• Set a high minimum age limit for being eligible for a licence.

To achieve the objective of protecting children, RAPCAN recommends the following:

• Section 4 (1):

The list of prohibited weapons in should be expanded, and pellet and toy guns should be banned.

• Section 8 (1):

Add that before any documentation for competency is issued, proof of ability to store firearms safely is required

• Section 11 (1):

Require community participation in determining competency.

Require that the applicant’s spouse / family be notified of an application.

Consider objections to an application from the applicant’s spouse / family, and the community.

• Section 11 (2) (a):

Increase the age of eligibility to at least 21 years, but preferably 25 years.

• Section 11 (2) (l)

In determining competency, applicants with orders against them under the Domestic Violence Act or the Prevention of Family Violence Act, including current temporary orders, must be excluded.

• Section 11 (3) (a):

The definition of offences under which competency will be denied should not provide for any threshold.

• Section 11 (3) (c):

Delete "less that five years".

• Section 15 (2)

Restore the one-licence limit for ownership of a firearm for the purpose of self-defense.

• Section 27 (2)

Applications to renew firearm licenses must be accompanied by a valid competency certificate.

• Section 86:

At the licensing stage, the storage facilities should be inspected to ensure that the firearms are not inadvertently accessible to children.

• Section 101 (8):

Police personnel with substance abuse convictions and / or DVA protection orders against them must be prohibited from carrying firearms.

• Section 105 (1):

The criteria for unfitness should parallel those of competency, and the Registrar must be obliged to declare an applicant unfit.

• Section 105 (1) (a):

A new section should be created in the Act which allows the Registrar to declare a person unfit if (s)he fails to store firearms properly, provides false information, or is otherwise perceived to be unfit.

• Section 105 (4):

The surrender period following a declaration of unfitness must be reduced to 24 hours.

• Section 106 (1) (g):

Convictions for rape or domestic violence must be grounds for automatic declarations of unfitness. Murder, assault and robbery convictions must be added to the list.

• Section 107 (6)

Such declarations of unfitness must be permananent.

• Section 124:

Penalties for cases involving the use of firearms to intimidate or inflict violence on children should be increased.

Child offenders should be required to undergo state-funded counselling and to be deemed unfit to own a gun for 10 years or until they are 25, whichever is longer.

• Section 127 (1) (h):

The Act must provide for the appointment of community panels to review applications for competency certificates.

• Section 136:

The Act must provide for the right of an applicant to have her / his appeal heard in her / his area of residence, and the community within which the applicant resides must have the right to have input into the appeal.

• Section 143:

Facilities in which children tend to be present (including schools) should be declared gun-free zones.

• With regard to transitional arrangements:

Holders of existing licenses should be required to pass the competency test before they can be issued with new licenses.

We believe that everyone in our society must take responsibility for protecting our children and transforming the culture of violence which threatens them. Government and Parliament have a particularly important role to play in this regard.

We salute the drafters of the Bill for their courage in taking a strong stand. We call on the Portfolio Committee and on Parliament to be guided by the true interests of the nation, and of its children, when considering the Bill.

Prepared and presented by Carol Bower
Executive Director
RAPCAN
Resources Aimed at the Prevention of Child Abuse and Neglect