FirearmsControlBill

REPUBLIC OF SOUTH AFRICA

FIREARMS CONTROL BILL

(As introduced in the National Assembly as a section 75 Bill)(Explanatory summary of Bill published in Government Gazette No. 21193of 19 May 2000) (The English text is the official text of theBill)

(Minister of Safety and Security)

[B 34—2000]ISBN 0 621 29508 6

No. of copies printed 2 600

BILL

To establish a comprehensive and an effective system of firearms control; and to provide for matters connected therewith.

PREAMBLE
CHAPTER 1 INTRODUCTORY PROVISIONS

1. Definitions

2. Purpose of Act

CHAPTER 2 PROHIBITIONS

3. General prohibition in respect of firearms

4. Prohibited firearms

CHAPTER 3 SPECIAL PROVISIONS IN RESPECT OF CERTAIN DEVICES

5. Devices not firearms for purposes of this Act

6. Antique firearms

7. Airguns

CHAPTER 4 COMPETENCY CERTIFICATES, LICENCES, PERMITS, AUTHORISATIONS ANDACCREDITATIONS

8. Competency certificates, licences, permits or authorisations

9. Applications by persons other than natural persons

10. Accreditation

CHAPTER 5 COMPETENCY CERTIFICATES

11. Application for competency certificate

12. Competency certificate

CHAPTER 6 LICENCE TO POSSESS FIREARM

13. Separate licence in respect of each firearm

14. Additional licences

15. Licence to possess firearm for self-defence

16. Licence to possess restricted firearm for self-defence

17. Licence to possess firearm for occasional hunting and sports-shooting

18. Licence to possess firearm for dedicated hunting

19. Licence to possess firearm for dedicated sports-shooting

20. Licence to possess firearm in private collection

21. Permit to possess ammunition in private collection

22. Licence to possess firearm, and permit to possess ammunition, in publiccollection

23. Licence to possess firearm for business purposes

24. Temporary authorisation to possess firearm

25. Holder of licence may allow another person to use firearm

26. Identification marks on firearms

27. Renewal of firearm licences

28. Notification of change of address

29. Notification of change of circumstances

30. Period of validity of licence or permit

31. Termination of firearm licence

32. Defaced, lost or stolen licences

33. Central firearms database

CHAPTER 7 LICENCES ISSUED TO PARTICULAR CATEGORIES OF PERSONS — DEALERS,MANUFACTURERS AND GUNSMITHS PART 1 — DEALERS

34. Prohibition of unlicensed trading in firearms or ammunition

35. Requirements for dealer’s licence

36. Conditions imposed on dealer

37. Dealer’s licence

38. Renewal of dealer’s licence

39. Temporary authorisation to trade in firearms and ammunition on premisesother than those specified in dealer’s licence

40. Change of premises

41. Notification of change of circumstances

42. Duties of dealer

43. Establishment of centralised dealers database

44. Suspension of dealer’s licence

45. Termination of dealer’s licence

46. Application of other laws

47. Defaced, lost or stolen licences

PART 2 — MANUFACTURERS

48. Prohibition of unlicensed manufacture of firearms and ammunition

49. Requirements for a manufacturer’s licence

50. Conditions imposed on licensed manufacturer

51. Manufacturer’s licence

52. Renewal of manufacturer’s licences

53. Temporary authorisation to display firearms and ammunition on premisesother than those specified in manufacturer’s licence

54. Change of premises

55. Notification of change of circumstances

56. Duties of licensed manufacturer

57. Establishment of centralised manufacturers database

58. Suspension of manufacturer’s licence

59. Termination of manufacturer’s licence

60. Application of other laws

61. Defaced, lost or stolen licences

PART 3 — GUNSMITHS

62. Prohibition of certain work

63. Requirement for gunsmith’s licence

64. Conditions imposed on gunsmith

65. Gunsmith’s licence

66. Renewal of gunsmith’s licence

67. Temporary authorisation to conduct business as gunsmith on premisesother than those specified in gunsmith’s licence

68. Change of premises

69. Notification of change of circumstances

70. Duties of gunsmith

71. Establishment of centralised gunsmiths database

72. Suspension of a gunsmith’s licence

73. Termination of gunsmith’s licence

74. Application of other laws

75. Defaced, lost or stolen licences

CHAPTER 8 IMPORT, EXPORT AND CARRIAGE IN TRANSIT OF FIREARMS AND AMMUNITION

76. Prohibition of import, export or carriage in transit of firearms andammunition without permit

77. Requirements for import, export or in-transit permit

78. Conditions imposed on permit holder

79. Import, export or in-transit permit

80. Permit constitutes licence to possess firearm or ammunition

81. Duties of permit holder

82. Establishment of central importers and exporters database

83. Suspension of import, export and in-transit permits

84. Termination of import, export and in-transit permits

85. Defaced, lost or stolen permits

CHAPTER 9 STORAGE, TRANSPORT AND CARRYING OF FIREARMS AND

AMMUNITION

86. Storage and transport of firearms and ammunition

87. Carrying of firearm in public place

88. Firearm transporter’s permit

89. Conditions imposed on transporter of firearm

90. Duties of permit holder

91. Cancellation of firearms transporter’s permit

92. Records to be kept

CHAPTER 10 CONTROL OF AMMUNITION AND FIREARM PARTS

93. Prohibition of possession of ammunition

94. Restrictions on possession of ammunition

95. Prohibitions and restrictions on use of certain ammunition

96. Loading or reloading of ammunition

97. Prohibition of possession of firearm parts

CHAPTER 11 EXEMPTIONS

98. Definitions

99. Exemptions

100. Conditions applicable to institution accredited by Registrar

101. Possession and use of firearms by Official Institutions

102. Register to be kept by Official Institution

103. Establishment of central Official Institution firearms database

104. Official Institution’s workstations

CHAPTER 12 DECLARATION OF PERSONS TO BE UNFIT TO POSSESS FIREARM

105. Declaration by Registrar of person to be unfit to possess firearm

106. Declaration by court of person to be unfit to possess firearm

107. Effect of declaration of unfitness

108. Proof of declaration

CHAPTER 13 INSPECTIONS

109. Production of licences and firearms for inspection

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

111. Request for information

112. Inspection of premises

CHAPTER 14 SEARCH AND SEIZURE

113. Chapter 2 of Criminal Procedure Act, 1977, to apply

114. Search and seizure in course of policing operations in terms of SouthAfrican Police Service Act, 1995

115. Exercise of powers set out in section 37 of Criminal Procedure Act,1977

116. Body-prints and genetic samples

117. Ballistic testing

118. Inspection, search and seizure for inquiry or investigation (withspecial warrant)

119. Incidental discovery

CHAPTER 15 PRESUMPTIONS

120. Presumptions of possession of firearm or ammunition

121. Presumptions relating to failure to report

122. Presumption of failure to take reasonable steps

CHAPTER 16 OFFENCES, PENALTIES AND ADMINISTRATIVE FINES

123. Offences

124. Penalties

125. Administrative fines

CHAPTER 17 ORGANISATIONAL STRUCTURES

126. Registrar of Firearms

127. Functions of Registrar

128. Central Firearms Register

129. Certificate signed by Registrar to constitute prima facieevidence

130. Appointment and functions of Head of Office of Central FirearmsRegister

131. Establishment of Appeal Board

132. Conditions of service, remuneration and allowances of members of AppealBoard

133. Quorum, meetings and procedure of Appeal Board

134. Administrative work of Appeal Board

135. Establishment of Ministerial Committees

CHAPTER 18 RIGHT OF APPEAL

136. Right of appeal

CHAPTER 19 COMPENSATION

137. Circumstances where no compensation is payable in respect of firearmsand ammunition forfeited to State

138. Circumstances where no compensation is payable in respect of firearmsand ammunition seized by State

139. No compensation payable where firearms or ammunition is destroyed byState

140. Application for compensation

CHAPTER 20 SPECIAL POWERS RELATING TO AMNESTIES, FIREARM FREE ZONES ANDEMERGENCIES

141. Definition

142. Amnesty

143. Firearm free zones

144. Emergency provisions

CHAPTER 21 GENERAL PROVISIONS

145. Use of firearms

146. Delegation and assignment of powers and duties

147. Designation as police officials

148. Service of documents

149. Return of service

150. Regulations

151. Disposal of firearms in case of ceasing to carry on business

152. Disposal of firearms in case of death

153. Inherited firearms

154. Compulsory destruction of firearms by State

155. Deactivation of firearms

156. Jurisdiction of magistrates’ court

157. Act binds State

158. Amendment and repeal of laws

159. Short title and commencement

SCHEDULE 1 TRANSITIONAL PROVISIONS

1. Existing licence to possess an arm

2. Existing dealer’s licences

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

4. Existing permit for manufacture of arms and ammunition

5. Existing authorisations and certain existing permits

6. Person unfit to possess a firearm

7. Register in terms of previous Act to be kept by Registrar

8. Matters pending under previous Act

9. Investigations by Commissioner under previous Act

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

11. Renewal of licence

SCHEDULE 2 OFFENCES GIVING RISE TO UNFITNESS ENQUIRY BY COURT SCHEDULE 3 LAWS REPEALED

SCHEDULE 4 PENALTIES

PREAMBLE

WHEREAS every person has the right to life and the right to security of the person, which includes, among other things, the right to be free from all forms of violence from either public or private sources; AND WHEREAS the adequate protection of such rights isfundamental to the well-being and social and economic development ofevery person; AND WHEREAS the increased availability and abuse of firearms and ammunition has contributed significantly to the high levels of violent crime in our society; AND WHEREAS the Constitution places a duty on the state to respect, protect, promote and fulfil the rights in the Bill of Rights;

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

CHAPTER 1 INTRODUCTORY PROVISIONS Definitions

1. In this Act, unless the context indicates otherwise—

(i) "accredit" means accredit as contemplated in section10;

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

(iii) "ammunition" means a primer, propellant or completecartridge;

(iv) "antique firearm" includes all firearms manufacturedbefore 1 January 1870, which were not manufactured to dischargerim-fire or centre-fire ammunition and which have not been altered todischarge such ammunition;

(v) "Appeal Board" means the Appeal Board established bysection 131;

(vi) "cartridge" means a complete object consisting of acartridge case, primer, propellant and bullet;

(vii) "competency certificate" means a competencycertificate contemplated in Chapter 5;

(viii) "dealer" means any person who is licensed in terms ofthis Act to trade in firearms and ammunition;

(ix) "dedicated hunter" means a person who activelyparticipates in hunting activities and who is a member of an accreditedhunting association;

(x) "dedicated sports person" means a person who activelyparticipates in sports-shooting and who is a member of an accreditedsports-shooting organisation;

(xi) "Designated Firearms Officer" means a police officialcontemplated in section 127(1)(h);

(xii) "firearm" means any—

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

(b) device manufactured or designed to fire rim-fire or centre-fireammunition;

(c) device which is not at the time capable of discharging any bullet orprojectile, but which can be readily altered to be a firearm within themeaning of paragraph (a) or(b);

(d) specially dangerous airgun; or

(e) barrel, frame or receiver of a device referred to in paragraph(a), (b) or(c) or of a specially dangerous airgun referredto in paragraph (d),

but does not include any device contemplated in section 5;

(xiii) "fully automatic" means capable of discharging morethan one shot with a single depression of the trigger;

(xiv) "gunsmith" means any person who performs workcontemplated in section 62, but who does not manufacture firearms;

(xv) "handgun" means a pistol or revolver which can beheld in and discharged with one hand;

(xvi) "imitation firearm" means anything that has theappearance of a firearm but is not capable of operating as such;

(xvii) "load" includes reload, and"loading" has a corresponding meaning;

(xviii) "Minister" means the Minister of Safety and Security;

(xix) "National Commissioner" means the NationalCommissioner of the South African Police Service, appointed in terms ofsection 207(1) of the Constitution;

(xx) "occasional hunter" means any person who, from timeto time, participates in hunting activities but who is not a member ofan accredited hunting association;

(xxi) "occasional sports person" means any person who, fromtime to time, participates in sports-shooting but who is not a memberof an accredited sports-shooting organisation;

(xxii) "police official" means—

(a) a member of the South African Police Service as defined in section 1 ofthe South African Police Service Act, 1995 (Act No. 68 of 1995), and amember of any municipal police service established in terms of thatAct;

(b) a person designated by the Minister as a police official under section147; and

(c) a member of the South African National Defence Force deployed inco-operation with the South African Police Service; (xxiii) "prescribed" means prescribed by regulation;

(xxiv) "previous Act" means the Arms and Ammunition Act,1969 (Act No. 75 of 1969);

(xxv) "private collector" means a person who collectsfirearms, who is a member of an accredited collector’s association andwho is not a public collector;

(xxvi) "public collector" means a person who collectsfirearms for display to the public and is accredited as such;

(xxvii) "Registrar" means the person referred to in section126;

(xxviii) "regulation" means a regulation made under section150;

(xxix) "restricted firearm" means any firearm contemplatedin section 16(1);

(xxx) "security company" means a person who—

(a) renders a security service as defined in section 1 of the SecurityOfficers Act, 1987 (Act No. 92 of 1987); or

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

(xxxi) "security officer" means any person who is employedby a security company;

(xxxii) "semi-automatic" means self-loading but not capableof discharging more than one shot with a single depression of thetrigger;

(xxxiii) "specially dangerous airgun" means any devicemanufactured to discharge a bullet or any other projectile by means ofcompressed 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);

(xxxiv) "this Act" includes any regulation;

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

Purpose of Act

2. The purpose of this Act is to—

(a) enhance the constitutional rights to life and bodily integrity;

(b) prevent the proliferation of illegally possessed firearms and, byproviding for the removal of those firearms from society and byimproving control over legally possessed firearms, to prevent crimeinvolving the use of firearms;

(c) enable the State to remove illegally possessed firearms from society,to control the supply, possession, transfer and use of firearms and todetect and punish the negligent or criminal use of firearms;

(d) establish a comprehensive and effective system of firearm control andmanagement; and

(e) ensure the efficient monitoring and enforcement of legislationpertaining to the control of firearms.

CHAPTER 2 PROHIBITIONS General prohibition in respect of firearms

3. No person may possess a firearm unless he or she holds alicence, permit or authorisation issued in terms of this Act for thatfirearm.

Prohibited firearms

4. (1) The following firearms and devices are prohibited firearmsand may not be possessed or licensed in terms of this Act, except asprovided for in sections 20, 22 and 23(1)(b):

(a) Any fully automatic firearm;

(b) any gun, cannon, recoilless gun, mortar, light mortar or launchermanufactured to fire—

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

(ii) a projectile of a calibre of 20 millimeters or more;

(c) any 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 substancemanufactured to propel or to assist in propelling any such projectileor rocket so discharged, or any grenade, bomb or similar missile, orany frame or body of any such projectile, rocket, grenade, bomb orsimilar missile;

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

(f) any imitation of any device contemplated in paragraph(a), (b),(c), (d) or(e);

(g) any firearm—

(i) the mechanism of which has been altered so as to enable the dischargingof more than one shot with a single depression of the trigger;

(ii) the calibre of which has been altered without the written permission ofthe Registrar;

(iii) the barrel length of which has been altered without the writtenpermission of the Registrar;

(iv) the serial number or any other identifying mark of which has beenchanged or removed without the written permission of the Registrar.

(2) For purposes of subsection (1)(g)(iii), theincidental alteration of the length of the barrel of a firearm by agunsmith in the ordinary course of gunsmith’s work which does not haveas an objective the alteration of the length of the barrel of thatfirearm must not be regarded as an alteration as contemplated in thatsubsection.

(3) (a) The Minister may, by notice in theGazette, declare any other firearm of a specified type tobe a prohibited firearm if it is—

(i) in the interest of public safety; or

(ii) desirable for the maintenance of law and order.

(b) A notice contemplated in paragraph(a) must be tabled in Parliament at least 14days before publication thereof if Parliament is then sitting, and ifParliament is not sitting, within seven days after the commencement ofthe next sitting.

CHAPTER 3 SPECIAL PROVISIONS IN RESPECT OF CERTAIN DEVICES Devices not firearms for purposes of this Act

5. (1) For purposes of this Act, the following devices are notregarded as firearms:

(a) Any explosive powered tool manufactured for use by the construction andbuilding industry, including line-throwing guns and impex-type buildingpistols;

(b) any explosive powered tool manufactured to split rock or concrete bymeans of discharging an explosive cartridge;

(d) any captive bolt gun manufactured for use in an abattoir in the humanekilling of animals;

(e) an antique firearm;

(f) an airgun;

(g) a tranquilliser firearm;

(h) a paintball gun; and

(i) any other device which the Minister may, by notice in theGazette, exempt.

(2) A notice contemplated in subsection (1)(i)must be tabled in Parliament at least 14 days before publicationthereof if Parliament is then sitting, and if Parliament is notsitting, within seven days after the commencement of the next sitting.

Antique firearms

6. (1) An antique firearm may only be displayed or stored in—

(a) an accredited museum;

(b) a residence or other building occupied by the person or institution inlawful possession of that antique firearm; or

(2) An antique firearm may only be discharged on an accredited shootingrange, or in or on such other premises as the Registrar may approve.

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

(4) A dealer must keep an antique firearm register in which theprescribed particulars relating to the acquisition, possession anddisposal of antique firearms must be recorded.

Airguns

7. (1) A person may dispose of an airgun only through a dealer.

(2) A dealer must keep an airgun register in which the prescribedparticulars relating to the acquisition, possession and disposal ofairguns must be recorded.

CHAPTER 4 COMPETENCY CERTIFICATES, LICENCES, PERMITS, AUTHORISATIONS ANDACCREDITATIONS Competency certificates, licences, permits and authorisations

8. (1) The Registrar may issue any competency certificate,licence, permit or authorisation contemplated in this Act—

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

(b) if the applicant complies with all the applicable requirements of thisAct.

(2) Subject to section 9, no licence may be issued to a person who isnot in possession of the relevant competency certificate.

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

Applications by persons other than natural persons

9. (1) When a juristic person wishes to apply for a licence,permit or authorisation in terms of this Act, it must nominate anatural person to apply on its behalf.

(2) The person so nominated must be identified on the licence, permitor authorisation as the responsible person.

(3) A responsible person who holds any licence, permit or authorisationissued in terms of this Act pursuant to an application contemplated insubsection (1) on behalf of the juristic person must for purposes ofthis Act be regarded as the holder of the licence in question.

(4) If it becomes necessary to replace a responsible person for anyreason, the juristic person must nominate a new responsible person whomust be in possession of the relevant competency certificate.

Accreditation

10. (1) Any accreditation required in terms of this Act must bedone by the Registrar in accordance with such regulations as may beprescribed.

(2) The regulations contemplated in subsection (1) must set outdifferent sets of criteria, in respect of different accreditations,which the Registrar must apply when issuing an accreditation and whichcriteria must at least include criteria relating to—

(a) trustworthiness and integrity;

(b) suitability to perform the relevant functions in terms of this Act;

(d) capacity to advance the purposes of this Act.

(3) The Registrar may cancel an accreditation if there is no longercompliance with any criterion for accreditation.

CHAPTER 5 COMPETENCY CERTIFICATES Application for competency certificate

11. (1) An application for a competency certificate to possess afirearm, to trade in firearms, to manufacture firearms or to carry onbusiness as a gunsmith must be delivered to the Designated FirearmsOfficer responsible for the area in which the applicant ordinarilyresides or in which the applicant’s business is or will be situated,as the case may be.

(2) A competency certificate may only be issued to a person who—

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

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

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

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

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

(f) has not been convicted of any offence under or in terms of this Act orthe previous Act;

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

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

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

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

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

(l) has not been convicted of an offence in terms of the Domestic ViolenceAct, 1998 (Act No. 116 of 1998);

(m) has not, in a matter involving a reasonable apprehension of violentbehaviour by that person, been the subject of a final protection orderissued in terms of the Domestic Violence Act, 1998 (Act No. 116 of1998), or a similar restraining order issued in terms of any otherlegislation, in or outside South Africa;

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

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

(p) has not been declared unfit to possess a firearm in terms of this Actor the previous Act; and

(q) has, where applicable, successfully completed the prescribed trainingand practical tests for firearms dealers, manufacturers, gunsmiths,security officers or other persons who use firearms in the course oftheir business.

(3) Any offence referred to in subsection (2) means an offence inrespect of which—

(a) the accused person was sentenced to more than six months imprisonmentwithout the option of a fine;

(b) an appeal against the conviction or sentence has been finalised or thetime for an appeal has elapsed; and

(c) the sentence has been served less than five years before theapplication for a competency certificate was received by the DesignatedFirearms Officer.

(4) The disqualification contemplated in subsection(2)(p) ends upon the expiry of a period of fiveyears calculated from the date on which the declaration in question wasmade or the expiry of the period for which the declaration is valid,whichever is shorter.

(5) Despite subsection (2)(a), the Registrarmay allow a person under the age of 18 years to apply for a competencycertificate if the applicant is a dedicated hunter, dedicated sportsperson or private collector.

Competency certificate

12. (1) A competency certificate must specify—

(a) whether it relates to competency to—

(i) possess a firearm;

(ii) trade in firearms;

(iii) manufacture firearms; or

(iv) conduct business as a gunsmith; and

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

(2) A competency certificate lapses after two years of its date ofissue.

CHAPTER 6 LICENCE TO POSSESS FIREARM Separate licence in respect of each firearm

13. (1) The Registrar must issue a separate licence in respect ofeach firearm licensed in terms of this Chapter.

(2) Despite subsection (1), the Registrar may issue to a person asingle document containing licences in respect of more than onefirearm.

Additional licences

14. (1) The Registrar may issue an additional licence in respectof a firearm contemplated in section 15, 16, 17, 18 or 19 to everyperson who resides on the same premises as the holder of the licence inrespect of the firearm in question.

(2) Every holder of an additional licence must comply with all therequirements for the issue of a licence in respect of the firearm inquestion.

(3) If the holder of an additional licence contemplated in subsection(1) moves from the premises in question, such additional licence lapsesand the person to whom such licence was issued must return that licenceto the Registrar forthwith.

Licence to possess firearm for self-defence

15. (1) A firearm in respect of which a licence may be issued interms of this section is any—

(a) shotgun which is not fully or semi-automatic; or

(b) handgun which is not fully automatic.

(2) The Registrar may issue a licence under this section to any naturalperson who—

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

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

(3) A person may hold one licence in respect of a shotgun contemplatedin subsection (1)(a) and one licence in respect of ahandgun contemplated in subsection (1)(b).

(4) A firearm in respect of which a licence has been issued in terms ofthis section may only be used—

(a) for purposes of self-defence;

(b) to practise on premises of an accredited shooting range in accordancewith the rules of that shooting range, or in or on any other prescribedplace; and

(c) for sporting purposes on premises of an accredited shooting range inaccordance with the rules of that shooting range.

Licence to possess restricted firearm for self-defence

16. (1) For purposes of this Act, a restricted firearm is any—

(a) semi-automatic rifle, carbine or shotgun, which cannot readily beconverted into a fully automatic firearm; or

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

(2) A notice contemplated in subsection (1)(b)must be tabled in Parliament at least 14 days before publication ifParliament is then sitting, and if Parliament is not sitting, withinseven days after the commencement of the next sitting.

(3) The Registrar may issue a licence in terms of this section to anynatural person who shows that a firearm contemplated in section 15(1)will not provide sufficient protection, and who submits reasonableinformation to motivate the need for a restricted firearm forself-defence purposes.

(4) No person may hold more than one licence issued in terms of thissection.

(5) A firearm in respect of which a licence has been issued in terms ofthis section may only be used—

(a) for purposes of self-defence; and

(b) to practise on premises of an accredited shooting range in accordancewith the rules of that shooting range, or in or on any other prescribedplace.

Licence to possess firearm for occasional hunting andsports-shooting

17. (1) A firearm in respect of which a licence may be issued interms of this section is any—

(a) rifle or shotgun which is not fully or semi-automatic;

(b) handgun which is not fully automatic;

(d) specially dangerous airgun,

which, if used for hunting, is not prohibited by any otherlegislation governing hunting in South Africa and which is not arestricted firearm.

(2) The Registrar may issue a licence in terms of this section to anynatural person who is an occasional hunter or occasional sports person.

(3) (a) Subject to paragraphs(b), (c) and(d), no person may hold more than four licencesissued in terms of this section.

(b) If a person holds a licence issued in termsof section 15, he or she may only hold three licences issued in termsof this section and if he or she holds two licences issued in terms ofsection 15, he or she may only hold two licences issued in terms ofthis section.

(d) If a person contemplated in paragraph(a) holds any additional licences contemplatedin section 14 in respect of a firearm contemplated in this section andsection 15, the number of licences which that person may hold must bereduced by the number of such additional licences held.

(4) A firearm in respect of which a licence has been issued in terms ofthis section may only be used—

(a) for purposes of hunting on land suitable for hunting;

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

(c) to practise on premises of an accredited shooting range in accordancewith the rules of that shooting range, or in or on any other prescribedplace.

Licence to possess firearm for dedicated hunting

18. (1) A firearm in respect of which a licence may be issued interms of this section is any—

(a) handgun approved for hunting by an accredited hunting association whichis not fully automatic or semi-automatic;

(b) rifle or shotgun which is not fully or semi-automatic;

(d) barrel, frame or receiver of a handgun, rifle or shotgun contemplatedin paragraph (a), (b) or(c); or

(e) specially dangerous airgun,

which is not prohibited by any other legislation governing huntingin South Africa and which is not a restricted firearm.

(2) The Registrar may issue a licence in terms of this section to adedicated hunter if the application is accompanied by an affidavit fromthe chairperson of an accredited hunting association stating that theapplicant is a registered member of that association.

(3) The Registrar may issue further licences in terms of this sectionto a dedicated hunter who requires a further firearm for huntingpurposes and whose application is supported by an affidavit from thechairperson of the accredited hunting association of which theapplicant is a member.

(4) A firearm in respect of which a licence has been issued in terms ofthis section may only be used—

(a) for purposes of hunting on land suitable for hunting in accordance withthe rules of the accredited hunting association of which the holder ofthe licence is a member;

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

(c) to practise on premises of an accredited shooting range in accordancewith the rules of that shooting range, or in or on any other prescribedplace.

(5) Every 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 suchinformation as may be prescribed.

Licence to possess firearm for dedicated sports-shooting

19. (1) A firearm in respect of which a licence may be issued interms of this section is any—

(a) handgun which is not fully automatic;

(b) rifle or shotgun which is not fully automatic;

(d) barrel, frame or receiver of a handgun, rifle or shotgun contemplatedin paragraph (a), (b) or(c); or

(e) specially dangerous airgun.

(2) The Registrar may issue a licence in terms of this section to adedicated sports person if the application is accompanied by anaffidavit from the chairperson of an accredited sports-shootingorganisation confirming that the applicant is a registered member ofthat organisation.

(3) The Registrar may issue further licences in terms of this sectionto a dedicated sports person who requires a further firearm forsports-shooting and whose application is supported by an affidavit fromthe chairperson of the accredited sports-shooting organisation of whichthe applicant is a member.

(4) A firearm in respect of which a license has been issued in terms ofthis section may only be used—

(a) for purposes of hunting on land suitable for hunting, unless the use ofthe firearm for hunting is prohibited by any legislation governinghunting in South Africa;

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

(c) to practise on premises of an accredited shooting range in accordancewith the rules of that shooting range, or in or on any other prescribedplace.

(5) Every 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 suchinformation as may be prescribed.

Licence to possess firearm in private collection

20. (1) (a) A firearm which may bepossessed in a private collection is any firearm approved forcollection by an accredited collectors association.

(b) Despite section 4, such prohibited firearmas may be prescribed may be licensed under this section.

(2) The Registrar may issue a licence in terms of this section to aprivate collector if the application is accompanied by an affidavitfrom the chairperson of an accredited collectors association statingthat the applicant is a registered member of that association.

(3) The holder of a licence issued in terms of this section—

(a) must keep the firearm at the place specified in the licence; and

(b) may only display the firearm in accordance with such safety measures asmay be prescribed.

(4) A firearm in respect of which a licence has been issued in terms ofthis section may only be used on an accredited shooting range inaccordance with the rules of that shooting range and in accordance withsuch conditions as the Registrar may impose.

Permit to possess ammunition in private collection

21. (1) Ammunition which may be possessed in a private collectionis any ammunition approved for collection by an accredited collectorsassociation.

(2) (a) The Registrar may, subject to suchregulations as may be prescribed, issue a permit in terms of thissection to a private collector if the application is accompanied by anaffidavit from the chairperson of an accredited collectors associationstating that the applicant is a registered member of that association.

(b) A collector contemplated in paragraph(a) may not possess more than 200 rounds ofammunition of any particular calibre unless the Registrar approves thepossession of a higher number in writing.

(3) The holder of a permit issued in terms of this section may notdischarge any ammunition in his or her collection.

(4) The holder of a permit issued in terms of this section—

(a) must keep the ammunition at the place specified in the permit; and

(b) may only display the ammunition in accordance with such safety measuresas may be prescribed.

Licence to possess a firearm, and permit to possess ammunition,in public collection

22. (1) The Registrar may issue a licence to possess a firearm ina public collection, a permit to possess ammunition in a publiccollection, or both such permit and licence, to a public collector.

(2) Despite section 4, such prohibited firearm as may be prescribed maybe licensed under this section.

(3) The holder of a permit contemplated in subsection (1) may notpossess more than 200 rounds of ammunition of any particular calibreunless the Registrar approves the possession of a higher number inwriting.

(4) A firearm in respect of which a licence has been issued in terms ofthis section and ammunition in respect of which a permit has beenissued 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.

(5) A firearm in respect of which a licence has been issued in terms ofthis section may only be used on an accredited shooting range inaccordance with the rules of that shooting range and in accordance withsuch conditions as the Registrar may impose.

(6) The holder of a permit issued in terms of this section may notdischarge any ammunition in his or her collection.

Licence to possess firearm for business purposes

23. (1) (a) A firearm in respect of whicha licence may be issued in terms of this section is any firearm otherthan a prohibited firearm.

(b) Despite paragraph(a), a licence in respect of a prohibitedfirearm may be issued to a person contemplated in subsection(2)(c) but such person may only provide theprohibited firearm for use in theatrical, film or televisionproductions and then only if the prior written approval of theRegistrar has been obtained and on such conditions as the Registrar maybe impose.

(2) The Registrar may issue a licence in terms of this section to—

(a) a security company;

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

(d) a person who is accredited to conduct business in hunting; or

(e) any person who is accredited to use firearms for such other businesspurpose as the Registrar may determine.

(3) A licence issued in terms of this section must specify the businesspurpose in respect of which it is issued.

(4) A firearm in respect of which a licence was issued in terms of thissection may only be used as specified in the licence.

(5) (a) The holder of a licence issued in termsof this section may only provide the firearm for use by another personsubject to such conditions as may be prescribed.

(b) A security company which holds a licence topossess a firearm for business use may only provide the firearm to asecurity officer in its service who holds a competency certificate.

(6) Every holder of a licence issued in terms of this section must—

(a) keep a register of all firearms in its possession containing suchinformation as may be prescribed;

(b) must store and transport the firearms as may be prescribed.

(7) The holder of a licence issued in terms of this Act must, at therequest of a police official, produce for inspection—

(a) any firearm and ammunition in its possession or under its control; and

(b) every licence issued in terms of this section.

(8) When a licence issued in terms of this section terminates, theholder of the licence must within 30 days of such termination—

(a) return all licences issued in terms of this section to the Registrar;and

(b) dispose of the register as may be determined by the Registrar.

Temporary authorisation to possess firearm

24. (1) The Registrar may issue a temporary authorisation topossess a firearm to any person, including a non-citizen—

(a) for such period as the Registrar may determine; and

(b) subject to such conditions as may be prescribed and imposed by theRegistrar.

(2) The Registrar may at any time withdraw an authorisation if anycondition contemplated in subsection (1)(b) isnot complied with.

(3) The Office of the Central Firearms Register must keep a recordcontaining such information as may be prescribed in respect of allauthorisations issued in terms of this section.

(4) The Registrar must submit an annual report to the Ministercontaining such information as may be prescribed in respect of allauthorisations issued in terms of this section.

(5) A firearm in respect of which on authorisation has been issued interms of this section may be used only—

(a) if the Registrar by endorsement on the authorisation permits such use;and

(b) in accordance with such conditions as may be prescribed and imposed bythe Registrar.

(6) A firearm in respect of which on authorisation has been issued interms of this section may be disposed of only with the written consentof the Registrar and subject to such conditions as he or she mayimpose.

Holder of licence may allow another person to use firearm

25. Despite anything to the contrary in this Act but subject tosection 123(7), any person who is at least 21 years of age and theholder of a licence to possess a firearm issued in terms of this Actmay allow any other person to use that firearm while under his or herimmediate supervision—

(a) for purposes of hunting while on land suitable for hunting;

(b) to practise on premises of an accredited shooting range in accordancewith the rules of that shooting range, or in or on any other prescribedplace; and

(c) for sporting purposes on premises of an accredited shooting range inaccordance with the rules of that shooting range.

Identification marks on firearms

26. (1) No firearm licence may be issued unless the firearmbears the manufacturer’s serial number or any other mark by which thefirearm can be identified.

(2) The identification number must be stamped and the mark affixed inthe prescribed manner on the barrel, frame or receiver of the firearm.

(3) Despite subsections (1) and (2), the Registrar may, on good causeshown by the applicant and subject to such conditions as the Registrarmay impose, issue a licence in respect of a firearm which does notcomply with the provisions of those subsections.

(4) The Registrar may direct that any firearm in respect of which anapplication for a licence has been made, be marked with such additionalidentification mark as he or she may determine.

(5) No person may erase, alter or in any other manner tamper with themanufacturer’s serial number or any other identification mark on afirearm.

(6) A person who is in possession of a firearm of which themanufacturer’s serial number or other identification mark has beenerased, altered or in any other manner tampered with or has becomeillegible, must forthwith notify the Registrar of such fact.

(7) The Registrar may direct in writing that such firearm be markedwith such identification mark as he or she may determine.

Renewal of firearm licences

27. (1) The holder of a licence issued in terms of this Chapterwho wishes to renew the licence must at least 90 days before the dateof expiry of the licence apply to the Registrar for its renewal.

(2) The application must be—

(a) accompanied by such information as may be prescribed; and

(b) delivered to the Designated Firearms Officer responsible for the areain which the applicant ordinarily resides or in which the applicant’sbusiness is, as the case may be.

(3) No application for the renewal of a licence may be granted unlessthe applicant shows that he or she has continued to comply with therequirements for the licence in terms of this Act.

(4) If an application for the renewal of a licence has been lodgedwithin the period provided for in subsection (1), the licence remainsvalid until the application is decided.

Notification of change of address

28. (1) The holder of a firearm licence must in writing notifythe Registrar of any change in his or her physical or postal addresswithin 30 days of such change occurring.

(2) The Registrar must in writing acknowledge receipt of thenotification referred to in subsection (1).

Notification of change of circumstances

29. The holder of a licence issued in terms of this Chapter mustinform the Registrar in writing within 30 days if there is any changewith regard to any information which was submitted in respect of theapplication for the issue of that licence.

Period of validity of licence or permit

30. A licence or permit mentioned in Column 2 of the Table belowremains valid for the period mentioned in Column 3 of that Table.

TABLE — PERIOD OF VALIDITY OF LICENCE OR PERMIT

Section

number

Type oflicence or permit

Period of

validity

Licence to possess firearm for self-defence

Five years

Licence to possess restricted firearm forself-defence

Two years

Licence to possess firearm foroccasional hunting and sports-shooting

Ten years

Licence topossess firearm for dedicated hunting

Ten years

Licence topossess firearm for dedicated sports-shooting

Tenyears

Licence to possess firearm in private collection

Tenyears

Permit to possess ammunition in privatecollection

Ten years

Licence to possess firearm, and permitto possess ammunition, in public collection

Tenyears

Licence to possess firearm for business purposes:Business in hunting

Five years

Licence to possess firearmfor business purposes: Business other than in hunting

Twoyears

Termination of firearm licence

31. (1) A licence issued in terms of this Chapter terminates—

(a) upon the expiry of the relevant period contemplated in section 30,unless renewed in terms of section 27;

(b) if surrendered by the licence holder to the Registrar;

(d) if it is cancelled in terms of this Act.

(2) The Registrar may, by notice in writing, cancel a licence issued interms of this Chapter if the holder of the licence—

(a) no longer qualifies to hold the licence; or

(b) has contravened or failed to comply with any provision of this Act orany condition specified in the licence.

(3) A notice contemplated in subsection (2) may only be issued if theRegistrar has—

(a) given the holder of the licence 14 days’ notice in writing to submitwritten representations as to why the licence should not be cancelled;and

(b) duly considered any representations received and all the factspertaining to the matter.

(4) (a) If a notice contemplated in subsection(2) is issued, the former licence holder must dispose of the firearm inquestion through a dealer.

(b) The disposal must take place within 60 daysafter receipt of the notice.

(5) If the firearm is not disposed of within 60 days, it must beforfeited to the State and the former licence holder must surrender itimmediately at such place and in such manner as the Registrar maydetermine.

(6) Any period contemplated in this section may be extended by theRegistrar on good cause shown.

Defaced, lost or stolen licences

32. (1) If a licence issued in terms of this Chapteris lost or stolen, the holder of the licence must inform the Registrarof such loss or theft within 24 hours of the discovery of the loss ortheft.

(2) If a licence issued in terms of this Chapter is defaced, lost orstolen, the holder of the licence must within seven days of thediscovery of the defacement, loss or theft apply to the Registrar inthe prescribed form for a copy of the licence.

Central firearms database

33. The Registrar must, as soon as practicable,establish such central firearms database as may be prescribed.

CHAPTER 7 LICENCES ISSUED TO PARTICULAR CATEGORIES OF PERSONS — DEALERS,MANUFACTURERS AND GUNSMITHS PART 1 — DEALERS Prohibition of unlicensed trading in firearms or ammunition

34. (1) No person may trade in any firearm or ammunition withouta dealer’s licence.

(2) A person who is not a dealer may dispose of a firearm or ammunitiononly through a dealer or as otherwise provided for in this Act.

(3) Any person who disposes of a firearm must notify the Registrar inwriting thereof.

Requirements for dealer’s licence

35. (1) A dealer’s licence may be issued to a person who is afit and proper person to trade in firearms or ammunition.

(2) Any natural person who engages in trading on behalf of a dealermust hold a competency certificate to trade in firearms and ammunition.

Conditions imposed on dealer

36. The Minister may prescribe—

(a) conditions in respect of the issue of a dealer’s licence which theRegistrar may impose on a dealer; and

(b) specifications in respect of the business premises of a dealer.

Dealer’s licence

37. The dealer’s licence must—

(a) specify the premises in respect of which the licence is issued;

(b) specify the conditions contemplated in section 36; and

Renewal of dealer’s licence

38. (1) The holder of a dealer’s licence who wishes to renew thelicence must at least 90 days before the date of expiry of the licenceapply in the prescribed form to the Registrar for its renewal.

(2) The application must be—

(a) accompanied by such information as may be prescribed; and

(b) delivered to the Designated Firearms Officer responsible for the areain which the applicant’s business premises are situated.

(3) No application for the renewal of a dealer’s licence may begranted unless the applicant satisfies the Registrar that he or shestill complies with the requirements for the licence in terms of thisAct.

(4) If an application for the renewal of a dealer’s licence has beenlodged within the period provided for in subsection (1), the licenceremains valid until the application is decided.

Temporary authorisation to trade in firearms and ammunition onpremises other than those specified in dealer’s licence

39. (1) The Registrar may issue a temporaryauthorisation to a dealer to trade in firearms and ammunition atpremises other than those specified in the dealer’s licence.

(2) The Minister may prescribe conditions which the Registrar mayimpose on a licensed dealer in respect of a temporary authorisationissued in terms of this section.

(3) A temporary authorisation to trade in firearms and ammunition mustspecify the—

(a) premises in respect of which it is issued;

(b) period for which it is issued; and

(4) The Registrar may at any time, by written notice, withdraw anauthorisation issued in terms of this section.

(5) The Office of the Central Firearms Register must keep a record ofprescribed information in respect of all authorisations issued in termsof this section.

(6) A dealer to whom a temporary authorisation has been issued mustcomply with the requirements of subsection (3).

Change of premises

40. (1) A dealer may apply to the Registrar in the prescribedmanner for removal of the business from the premises specified in thelicence to different premises.

(2) On receipt of the application referred to in subsection (1), theRegistrar may endorse the licence or issue a new licence permitting thedealer to conduct the business from the new premises on such conditionsas the Registrar may impose.

Notification of change of circumstances

41. The holder of a dealer’s licence must inform the Registrarin writing within 30 days if there is any change with regard to anyinformation which was submitted in respect of the application for theissue of that licence.

Duties of dealer

42. (1) A dealer may trade in firearms or ammunitiononly on premises specified in the dealer’s licence.

(2) A dealer may not permit any person to trade in firearms orammunition on his or her behalf unless that person is in possession ofthe appropriate competency certificate.

(3) A dealer must keep such registers as may be prescribedand containing such information as may be prescribed at the premisesspecified in the dealer’s licence.

(4) A dealer must keep his or her dealer’s licence on the premisesspecified in the licence.

(5) A dealer must, at the request of any police official, produce forinspection—

(a) any firearms or ammunition that the dealer may have in stock;

(b) his or her dealer’s licence; and

(6) A dealer must establish and maintain a workstation which links theregisters referred to in subsection (3) to the central dealers databasein the prescribed manner.

(7) The Registrar may, on good cause shown on application by a dealer,exempt the dealer from the duties referred to in subsection (6).

(8) Any dealer exempted as contemplated in subsection (7) must submitweekly returns, completed in the prescribed form, to the Office of theCentral Firearms Register.

(9) A dealer must comply with any condition imposed under section 36and specification prescribed under that section.

Establishment of centralised dealers database

43. The Registrar must, as soon as practicable, establish suchcentral dealers database as may be prescribed.

Suspension of dealer’s licence

44. (1) The Registrar may suspend a dealer’s licence if theRegistrar has information in a sworn statement or on solemn declarationthat the dealer has not complied with any—

(a) condition specified in the licence; or

(b) provision of this Act.

(2) A licence may be suspended for not more than seven days withoutaffording the holder of the licence a hearing.

(3) A suspension may endure for a period longer than seven days ifthe—

(a) holder has been afforded an opportunity to make written representationsto the Registrar;

(b) Registrar has given due consideration to the representations; and

(4) The period referred to in subsection (3) may be extended by theRegistrar on good cause shown.

(5) A dealer may not trade for the period during which the licence issuspended.

Termination of dealer’s licence

45. (1) A dealer’s licence terminates—

(a) upon the expiry of one year from the date on which it was issued;

(b) if surrendered by the dealer to the Registrar;

(d) if cancelled in terms of this Act.

(2) The Registrar may, by written notice, cancel a dealer’s licence ifthe holder of the licence—

(a) no longer qualifies to hold the licence; or

(b) has contravened or failed to comply with any provision of this Act orany condition specified in the licence.

(3) A notice contemplated in subsection (2) may only be issued if theRegistrar has—

(a) given the holder 14 days notice in writing to submit writtenrepresentations as to why the licence should not be cancelled; and

(b) duly considered any representations received and all the factspertaining to the matter.

(4) (a) If a notice contemplated in subsection(2) is issued, the former licence holder must dispose of any firearmsand ammunition in his or her possession through a dealer or in suchmanner as the Registrar may determine.

(b) The disposal must take place within 60 daysafter receipt of the notice.

(5) If the firearms and ammunition are not disposed of within 60 daysthey must be forfeited to the State and the former licence holder mustsurrender them immediately at such place and in such manner as theRegistrar may determine.

(6) Any period contemplated in this section may be extended by theRegistrar on good cause shown.

Application of other laws

46. (1) A licence issued in terms of Part 1 of thisChapter does not exempt the licence holder from having to comply withthe provisions of any other law.

(2) Any prohibition contained in the Explosives Act, 1956 (Act No. 26of 1956), against dealing in explosives does not apply to the tradingin ammunition in accordance with a licence or authorisation issued to adealer in terms of this Act.

Defaced, lost or stolen licences

47. (1) If a dealer’s licence is lost or stolen, thelicence holder must inform the Registrar within 24 hours of thediscovery of the loss or theft.

(2) If a dealer’s licence is defaced, lost or stolen, the holder ofthe licence must within seven days of the discovery of the defacement,loss or theft apply to the Registrar in the prescribed manner for acopy of the licence.

PART 2 — MANUFACTURERS Prohibition of unlicensed manufacture of firearms and ammunition

48. (1) No person may manufacture any firearm or ammunitionwithout a manufacturer’s licence.

(2) A licensed manufacturer may only sell firearms and ammunition to adealer.

Requirements for manufacturer’s licence

49. (1) A manufacturer’s licence may be issued to aperson who is a fit and proper person to manufacture firearms orammunition.

(2) The Registrar may only issue a manufacturer’s licence to—

(a) a manufacturer of firearms if the firearms are manufactured in afactory registered in terms of the Occupational Health and Safety Act,1993 (Act No. 85 of 1993); or

(b) a manufacturer of ammunition if the ammunition is manufactured in afactory licensed in terms of the Explosives Act, 1956 (Act No. 26 of1956).

Conditions imposed on licensed manufacturer

50. The Minister may prescribe—

(a) conditions in respect of the issue of a manufacturer’s licence whichthe Registrar may impose on a licensed manufacturer;

(b) specifications in respect of the business premises of a manufacturer.

Manufacturer’s licence

51. A manufacturer’s licence must—

(a) specify the premises in respect of which the licence is issued;

(b) specify the conditions contemplated in section 50 which are to apply;and

Renewal of manufacturer’s licences

51. (1) The holder of a manufacturer’s licence who wishes torenew the licence must apply to the Registrar for its renewal in theprescribed form at least 90 days before the date of expiry of thelicence.

(2) The application must be—

(a) accompanied by such information as may be prescribed; and

(b) delivered to the Designated Firearms Officer responsible for the areain which the applicant’s business premises are situated.

(3) No application for renewal of a manufacturer’s licence may begranted unless the applicant satisfies the Registrar that he or she hascontinued to comply with the requirements for the licence in terms ofthis Act.

(4) If an application for the renewal of a manufacturer’s licence hasbeen lodged within the period provided for in subsection (1), thelicence remains valid until the application is decided.

Temporary authorisation to display firearms and ammunition onpremises other than those specified in manufacturer’s licence

53. (1) The Registrar may issue a temporary authorisation to alicensed manufacturer to display firearms and ammunition at premisesother than those specified in the manufacturer’s licence.

(2) The Minister may prescribe conditions which the Registrar mayimpose on a licensed manufacturer in respect of a temporaryauthorisation issued in terms of this section.

(3) A temporary authorisation to display firearms and ammunition mustspecify—

(a) the premises in respect of which it is issued;

(b) the period for which it is issued; and

(4) The Registrar may at any time, by written notice, withdraw anauthorisation issued in terms of this section.

(5) The Office of the Central Firearms Register must keep a record ofprescribed information in respect of all authorisations issued in termsof this section.

(6) A licensed manufacturer to whom a temporary authorisation has beenissued must comply with the requirements of subsection (3).

Change of premises

54. (1) A licensed manufacturer may apply to the Registrar in theprescribed manner for removal of the business from the premisesspecified in the licence to different premises.

(2) On receipt of the application referred to in subsection (1), theRegistrar may endorse the manufacturer’s licence or issue a newlicence permitting the manufacturer to conduct business from the newpremises on such conditions as the Registrar may impose.

(3) Section 49(2) applies with the necessary changes to an applicationin terms of this section.

Notification of change of circumstances

55. The holder of a manufacturer’s licence must inform theRegistrar in writing within 30 days if there is any change with regardto any information which was submitted in respect of the applicationfor the issue of that licence.

Duties of licensed manufacturer

56. (1) A licensed manufacturer may manufacturefirearms or ammunition only on premises specified in the licence.

(2) A licensed manufacturer must apply or affix such serial number orany other mark to any firearm manufactured by the manufacturer as maybe prescribed.

(3) A licensed manufacturer must keep registers containing suchinformation as may be prescribed at the premises specified in themanufacturer’s licence.

(4) A licensed manufacturer must keep his or her manufacturer’slicence on the premises specified in the licence.

(5) A licensed manufacturer must, at the request of any policeofficial, produce for inspection—

(a) any firearms or ammunition that the manufacturer may have in stock;

(b) his or her manufacturer’s licence; and

(6) A licensed manufacturer must in the prescribed manner establish andmaintain a workstation which links the registers referred to insubsection (2) to the central manufacturers database.

(7) A licensed manufacturer must comply with the conditions specifiedin the manufacturer’s licence.

Establishment of centralised manufacturers database

57. The Registrar must, as soon as practicable, establish suchcentral manufacturers database as may be prescribed.

Suspension of manufacturer’s licence

58. (1) The Registrar may suspend a manufacturer’s licence ifthe Registrar has information in a sworn statement or on solemndeclaration that the manufacturer has not complied with any—

(a) condition specified in the licence; or

(b) provision of this Act.

(2) A licence may be suspended for not more than seven days withoutaffording the holder of the licence a hearing.

(3) A suspension may endure for a period longer than seven days ifthe—

(a) holder has been afforded an opportunity to make written representationsto the Registrar;

(b) Registrar has given due consideration to the representations; and

(4) The period referred to in subsection (3) may be extended by theRegistrar on good cause shown.

(5) A manufacturer may not trade for the period during which thelicence is suspended.

Termination of manufacturer’s licence

59. (1) A manufacturer’s licence terminates—

(a) upon the expiry of one year from the date on which it was issued;

(b) if surrendered by the manufacturer to the Registrar;

(d) if cancelled in terms of this Act.

(2) The Registrar may, by written notice, cancel a manufacturer’slicence if the holder of the licence—

(a) no longer qualifies to hold the licence; or

(b) has contravened or failed to comply with any provision of this Act orany condition specified in the licence.

(3) A notice contemplated in subsection (2) may only be issued if theRegistrar has—

(a) given the holder 14 days’ notice in writing to submit writtenrepresentations as to why the licence should not be cancelled; and

(b) duly considered any representations received and all the factspertaining to the matter.

(b) The disposal must take place within 60 daysafter receipt of the notice.

(5) If the firearm and ammunition are not disposed of within 60 daysthey must be forfeited to the State and the former licence holder mustsurrender them immediately at such place and in such manner as theRegistrar may determine.

(6) Any period contemplated in this section may be extended by theRegistrar on good cause shown.

Application of other laws

60. (1) A licence issued in terms of Part 2 of thisChapter does not exempt the licence holder from having to comply withthe provisions of any other law.

(2) A prohibition contained in the Explosives Act, 1956 (Act No. 26 of1956), against manufacturing explosives does not apply to themanufacture of ammunition in accordance with a licence or authorisationissued to a manufacturer in terms of this Act.

Defaced, lost or stolen licences

61. (1) If a manufacturer’s licence is lost orstolen, the licence holder must inform the Registrar within 24 hours ofthe discovery of the loss or theft.

(2) If a manufacturer’s licence is defaced, lost or stolen, the holderof the licence must within seven days of the discovery of thedefacement, loss or theft apply to the Registrar in the prescribedmanner for a copy of the licence.

PART 3 — GUNSMITHS Prohibition of certain work

62. No person may, without being the holder of a gunsmith’slicence—

(a) repair, alter or improve any firearm;

(b) perform any work contemplated in section4(1)(g); or

(b) perform any other prescribed work.

Requirement for gunsmith’s licence

63. A gunsmith’s licence may be issued to a personwho is a fit and proper person to perform the work contemplated insection 62.

Conditions imposed on gunsmith

64. The Minister may prescribe—

(a) conditions in respect of the issue of a gunsmith’s licence which theRegistrar may impose on a licensed gunsmith;

(b) specifications in respect of the business premises of a gunsmith.

Gunsmith’s licence

65. A gunsmith’s licence must—

(a) specify the premises in respect of which the licence is issued;

(b) specify any of the conditions contemplated in section 64 which are toapply; and

Renewal of gunsmith’s licence

66. (1) The holder of a gunsmith’s licence who wishes to renewthe licence must apply to the Registrar for its renewal at least 90days before the date of expiry of the licence.

(2) The application must be—

(a) accompanied by such information as may be prescribed; and

(b) be delivered to the Designated Firearms Officer responsible for thearea in which the applicant’s business premises are situated.

(3) No application for renewal of a gunsmith’s licence may be grantedunless the applicant satisfies the Registrar that he or she hascontinued to comply with the requirements for the licence in terms ofthis Act.

(4) If an application for the renewal of a gunsmith’s licence has beenlodged within the period provided for in subsection (1), the licenceremains valid until the application is decided.

Temporary authorisation to conduct business as gunsmith onpremises other than those specified in gunsmith’s licence

67. (1) The Registrar may issue a temporary authorisation to agunsmith to conduct business as a gunsmith at premises other than thosespecified in the gunsmith’s licence.

(2) The Minister may prescribe conditions which the Registrar mayimpose on a gunsmith in respect of a temporary authorisation issued interms of this section.

(3) A temporary authorisation to conduct business as a gunsmith mustspecify the—

(a) premises in respect of which it is issued;

(b) period for which it is issued; and

(4) The Registrar may at any time, by written notice, withdraw anauthorisation issued in terms of this section.

(5) The Office of the Central Firearms Register must keep a record ofprescribed information in respect of all authorisations issued in termsof this section.

(6) A gunsmith to whom a temporary authorisation has been issued mustcomply with the requirements of subsection (3).

Change of premises

68. (1) A gunsmith may apply to the Registrar in the prescribedmanner for removal of the business from the premises specified in thelicence to different premises.

(2) On receipt of the application referred to in subsection (1), theRegistrar may endorse the gunsmith’s licence or issue a new licencepermitting the gunsmith to conduct the business from the new premiseson such conditions as the Registrar may impose.

Notification of change of circumstances

69. The holder of a gunsmith’s licence must inform the Registrarin writing within 30 days if there is any change with regard to anyinformation which was submitted in respect of the application for theissue of that licence.

Duties of gunsmith

70. (1) A gunsmith may conduct business as a gunsmithonly on premises specified in the gunsmith’s licence.

(2) A gunsmith must keep registers containing such information as maybe prescribed at the premises specified in the gunsmith’s licence.

(3) A gunsmith must keep his or her gunsmith’s licence on the premisesspecified in the licence.

(4) A gunsmith must, at the request of any police official, produce forinspection—

(a) any firearms or ammunition that the gunsmith may have in his or herpossession;

(b) his or her gunsmith’s licence; and

(5) A gunsmith must in the prescribed manner establish and maintain aworkstation which links the registers referred to in subsection (2) tothe central gunsmiths database.

(6) The Registrar may, on good cause shown on application by agunsmith, exempt the gunsmith from the duties referred to in subsection(5).

(7) Any gunsmith exempted as contemplated in subsection (6), mustsubmit weekly returns, completed in the prescribed form, to the Officeof the Central Firearms Register.

(8) A gunsmith must comply with any condition imposed under section 64and specifications prescribed under that section.

Establishment of centralised gunsmiths database

71. The Registrar must, as soon as reasonably practicable,establish such central gunsmiths database as may be prescribed.

Suspension of gunsmith’s licence

72. (1) The Registrar may suspend a gunsmith’s licence if theRegistrar has information in a sworn statement or on solemn declarationthat the gunsmith has not complied with any—

(a) condition specified in the licence; or

(b) provision of this Act.

(2) A licence may be suspended for not more than seven days withoutaffording the holder of the licence a hearing.

(3) A suspension may endure for a period longer than seven days if the—

(a) holder has been afforded an opportunity to make written representationsto the Registrar;

(b) Registrar has given due consideration to the representations; and

(4) The period referred to in subsection (3) may be extended by theRegistrar on good cause shown.

(5) A gunsmith may not conduct business as a gunsmith for such periodas the licence is suspended.

Termination of gunsmith’s licence

73. (1) A gunsmith’s licence terminates—

(a) upon the expiry of one year from the date on which it was issued;

(b) if surrendered by the gunsmith to the Registrar;

(d) if cancelled in terms of this Act.

(2) The Registrar may, by written notice, cancel a gunsmith’s licenceif the holder of the licence—

(a) no longer qualifies to hold the licence; or

(b) has contravened or failed to comply with any provision of this Act orany condition specified in the licence.

(3) A notice contemplated in subsection (2) may only be issued if theRegistrar has—

(a) given the holder 14 days’ notice in writing to submit writtenrepresentations as to why the licence should not be cancelled; and

(b) duly considered any representations received and all the factspertaining to the matter.

(b) The disposal must take place within 60 daysafter receipt of the notice.

(6) Any period contemplated in this section may be extended by theRegistrar on good cause shown.

Application of other laws

74. A licence issued in terms of Part 3 of this Chapter does notexempt the licence holder from the obligation to comply with any otherlaw.

Defaced, lost or stolen licences

75. (1) If a gunsmith’s licence is lost or stolen,the licence holder must inform the Registrar within 24 hours of thediscovery of the loss or theft.

(2) If a gunsmith’s licence is defaced, lost or stolen, the holder ofthe licence must within seven days of the discovery of the defacement,loss or theft apply to the Registrar in the prescribed manner for acopy of the licence.

CHAPTER 8 IMPORT, EXPORT AND CARRIAGE IN TRANSIT OF FIREARMS AND AMMUNITION Prohibition of import, export or carriage in transit of firearms andammunition without permit

76. (1) No person may import into or export from South Africa anyfirearms or ammunition without an import or export permit issued interms of this Act.

(2) No person may carry in transit through South Africa any firearms orammunition without an in-transit permit issued in terms of this Act.

Requirements for import, export or in-transit permit

77. (1) An import, export or in-transit permit may beissued to a person who is a fit and proper person to hold such permit.

(2) Unless the Registrar directs otherwise in writing, no import,export or in-transit permit may be issued in respect of any firearm orammunition which does not bear the prescribed identification marks.

Conditions imposed on permit holder

78. The Minister may prescribe conditions which the Registrar mayimpose on the holder of a permit issued in terms of this Chapter.

Import, export or in-transit permit

79. An import, export or in-transit permit must—

(a) specify the conditions contemplated in section 78; and

(b) contain such other information as may be prescribed.

Permit constitutes licence to possess firearm or ammunition

80. (1) A permit for the import of a firearm orammunition also constitutes a licence to possess such firearm orammunition for such period as the Registrar may specify on the permit.

(2) The Registrar may impose such conditions in respect of thepossession and use of the relevant firearm or ammunition as may beprescribed, and must on the permit in question specify any conditionsimposed.

Duties of permit holder

81. (1) The holder of a permit issued in terms ofthis Chapter, must at the request of any police official, produce forinspection—

(a) any firearms or ammunition in his or her possession or under his or hercontrol;

(b) his or her permit; and

(2) The Registrar may direct the holder of a permit issued in terms ofthis Chapter to keep and maintain registers containing such informationas he or she may direct.

(3) The Registrar may direct the holder of a permit issued in terms ofthis Chapter to establish and maintain a workstation which complieswith such requirements as he or she may direct and which links theregisters referred to in subsection (2) to the central importers andexporters database.

(4) The holder of a permit issued in terms of this Chapter must complywith the conditions specified in the permit.

Establishment of central importers and exporters database

82. The Registrar must, as soon as practicable, establish suchcentral importers and exporters databases as may be prescribed.

Suspension of import, export and in-transit permits

83. (1) The Registrar may suspend an import, export or in-transitpermit if the Registrar has information in a sworn statement or onsolemn declaration that the holder of the permit has not complied withany—

(a) condition specified in the permit; or

(b) provision of this Act.

(2) A permit may be suspended for not more than seven days withoutaffording the holder of the permit a hearing.

(3) A suspension may endure for a period longer than seven days ifthe—

(a) holder has been afforded an opportunity to make written representationsto the Registrar;

(b) Registrar has given due consideration to the representations; and

(4) The period referred to in subsection (3) may be extended by theRegistrar on good cause shown.

(5) A permit holder may not import or export firearms or ammunition orcarry firearms or ammunition in transit for such period as the permitis suspended.

Termination of import, export and in-transit permits

84. (1) An import, export or in-transit permitterminates—

(a) on the date specified in the permit;

(b) if surrendered by the holder of the permit to the Registrar;

(d) if cancelled in terms of this Act.

(2) The Registrar may, by written notice, cancel an import, export orin-transit permit if the permit holder—

(a) no longer qualifies to hold the permit; or

(b) has contravened or failed to comply with any provision of this Act orany condition specified in the permit.

(3) A notice contemplated in subsection (2) may only be issued if theRegistrar has—

(a) given the holder 14 days notice in writing to submit writtenrepresentations as to why the permit should not be cancelled; and

(b) duly considered any representations received and all the factspertaining to the matter.

(4) (a) If a notice contemplated in subsection(2) is issued, the former permit holder must dispose of any firearmsand ammunition in his or her possession through a dealer or in suchmanner as the Registrar may determine.

(b) The disposal must take place within 60 daysafter receipt of the notice.

(5) If the firearm and ammunition are not disposed of within 60 daysthey must be forfeited to the State and the former permit holder mustsurrender them immediately at such place and in such manner as theRegistrar may determine.

(6) Any period contemplated in this section may be extended by theRegistrar on good cause shown.

Defaced, lost or stolen permits

85. (1) If an import, export or in-transit permit islost or stolen, the permit holder must inform the Registrar within 24hours of the discovery of the loss or theft.

(2) If an import, export or in-transit permit is defaced, lost orstolen, the holder of the permit must within seven days of thediscovery of the defacement, loss or theft apply to the Registrar inthe prescribed manner for a copy of the permit.

CHAPTER 9 STORAGE, TRANSPORT AND CARRYING OF FIREARMS AND

AMMUNITION

Storage and transport of firearms and ammunition

86. Firearms and ammunition must be stored andtransported in the prescribed manner.

Carrying of firearm in public place

87. (1) No person may carry a firearm in a publicplace unless the firearm is carried—

(a) in the case of a handgun—

(i) in a holster or similar holder designed, manufactured or adapted forthe carrying of a handgun and attached to his or her person;

(ii) in a rucksack or similar holder; or

(b) in the case of any other firearm, in a holder designed, manufactured oradapted for the carrying of the firearm.

(2) A firearm contemplated in subsection (1) must be completely coveredand the person carrying the firearm must be able to exercise effectivecontrol over such firearm.

Conditions imposed on transporter of firearm

88. (1) The Minister may prescribe conditions whichthe Registrar may impose on the holder of a permit issued in terms ofsection 89.

(2) The conditions which the Registrar imposes must be specified in thepermit.

Firearm transporter’s permit

89. (1) No person may transport any firearm or ammunitionfor reward without being in possession of a firearm transporter’spermit issued in terms of this Act.

(2) A firearm transporter’s permit may be issued to a person who is afit and proper person to conduct business as a firearm transporter.

(3) The Registrar may issue a firearm transporter’s permit—

(a) on receipt of an application completed on the prescribed form andcontaining the prescribed information; and

(b) for such period as the Registrar may determine.

Duties of permit holder

90. (1) The holder of a permit issued in terms ofthis Chapter, must at the request of any police official, produce forinspection—

(a) any firearms or ammunition in his or her possession or under his or hercontrol;

(b) his or her permit; and

(2) The Registrar may direct the holder of a permit issued in terms ofthis Chapter to keep and maintain registers containing such informationas he or she may direct.

(3) The holder of a firearm transporter’s permit must comply with anyconditions imposed under section 88.

Cancellation of firearm transporter’s permit

91. (1) The Registrar may, by written notice, cancela firearm transporter’s permit if the permit holder—

(a) no longer qualifies to hold the permit; or

(b) has contravened or failed to comply with any provision of this Act orany condition specified in the permit.

(2) The former permit holder must dispose of his or her cargo offirearms and ammunition in accordance with the directions of theRegistrar.

Records to be kept

92. The Office of the Central Firearms Register mustkeep a record of prescribed information in respect of all firearmtransporter’s permits issued in terms of this Chapter.

CHAPTER 10 CONTROL OF AMMUNITION AND FIREARM PARTS Prohibition of possession of ammunition

93. No person may possess any ammunition unless he orshe—

(a) holds a licence in respect of a firearm capable of discharging thatammunition; or

(b) holds a permit to possess ammunition; or

(c) holds a dealer’s licence, manufacturer’s licence, gunsmith’slicence, import, export or in-transit permit or transporter’s permitissued in terms of this Act; or

(d) is otherwise authorised to do so.

Restrictions on possession of ammunition

94. (1) The holder of a licence to possess a firearm referred toin Chapter 6 may not possess more than 200 cartridges for each firearmin respect of which a licence has been issued to him or her.

(2) The holder of a licence to possess a firearm may not, during anyperiod of 12 months, purchase more than 2400 cartridges for eachfirearm in respect of which a licence has been issued to him or her.

(3) The limitation in subsection (2) does not apply to—

(a) a dedicated hunter or dedicated sports person who holds a licenceissued in terms of this Act or any other holder of a licence issued interms of this Act authorised thereto by the Registrar on good causeshown; or

(b) the holder of a licence to possess a firearm issued in terms of thisAct in respect of ammunition bought and discharged at an accreditedshooting range.

Prohibitions and restrictions on use of certain ammunition

95. (1) The Minister may, by notice in the Gazette,prohibit or restrict the acquisition, disposal, possession or useof ammunition of a specified class if it is—

(a) in the interest of public safety; or

(b) desirable for the maintenance of law and order.

(2) A notice contemplated in subsection (1) must be tabledin Parliament at least 14 days before publication thereof if Parliamentis then sitting, and if Parliament is not sitting, within seven daysafter the commencement of the next sitting.

Loading or reloading of ammunition

96. (1) Section 48(1) does not apply to the loading of ammunitionby the holder of a licence to possess a firearm for use in his or herlicensed firearm.

(2) (a) A holder contemplated in subsection (1)may not have more than 2.5 kilograms of propellant and 2 400 primers inhis or her possession at any time.

(b) (i) The holder contemplated in paragraph(a) may not purchase more than 2.5 kilograms ofpropellant or 2 400 primers during any 12-month period.

(ii) The limitation in subparagraph (i) does not apply to a dedicatedhunter and dedicated sports person who holds a licence issued in termsof this Act or any other holder of a licence issued in terms of thisAct authorised thereto by the Registrar on good cause shown.

(3) No person may load prohibited ammunition contemplated in section95.

(4) The holder of a licence may only acquire, possess or use equipmentfor loading ammunition for the specific firearm in respect of which alicence was issued to him or her.

Prohibition of possession of firearm parts

97. (1) For purposes of this section, "firearmpart" means a slide, bolt, breech-block or magazine of a firearm.

(2) No person may possess any firearm part unless he or she—

(a) holds a licence in respect of a firearm capable of bearing that firearmpart;

(b) holds a dealer’s licence, manufacturer’s licence, gunsmith’slicence, import, export or in-transit permit or transporter’s permitissued in terms of this Act; or

(3) The holder of a dealer’s licence, manufacturer’s licence,gunsmith’s licence, import, export or in-transit permit ortransporter’s permit issued in terms of this Act must keep suchregister of all firearm parts in his or her possession as may beprescribed.

(4) (a) The Minister may, by notice inthe Gazette, prohibit or restrict the acquisition,disposal, possession or use of firearm parts if—

(a) it is in the interest of public safety; or

(b) it is desirable for the maintenance of law and order.

CHAPTER 11 EXEMPTIONS Definitions

98. In this Chapter, unless the context indicates otherwise—

(a) "Official Institution" means—

(i) the South African National Defence Force, contemplated in section 5 ofthe Defence Act, 1957 (Act No. 44 of 1957);

(ii) the South African Police Service, contemplated in section 5 of theSouth African Police Service Act, 1995 (Act No. 68 of 1995);

(iii) the Department of Correctional Services, contemplated in section 2 ofthe Correctional Services Act, 1959 (Act No. 8 of 1959);

(iv) any intelligence service established in terms of the Constitution;

(v) the armaments acquisition agency of the State; and

(vi) any government institution accredited by the Registrar as an OfficialInstitution;

(b) "employee"—

(i) in relation to the South African National Defence Force, means anymember of the South African National Defence Force contemplated insection 5 of the Defence Act, 1957 (Act No. 44 of 1957), and includesany member of the Reserve contemplated in section 6 of the Defence Act,1957;

(ii) in relation to the South African Police Service, means any member asdefined in the South African Police Service Act, 1995 (Act No. 68 of1995).

Exemptions

99. (1) No provision of this Act other than thisChapter, section 112 and section 150, in so far as it relates toOfficial Institutions, applies to an Official Institution.

(2) Any firearm and ammunition which form the subject of a noticecontemplated in section 4C of the Armaments Development and ProductionAct, 1968 (Act No. 57 of 1968), are exempted from the provisions ofthis Act.

(3) A member of a military force of another country visiting SouthAfrica in terms of an international obligation or an agreement betweenthat country and South Africa is exempted from the provisions of thisAct to the extent provided for in the obligation or agreement inquestion.

Conditions applicable to institution accredited by Registrar

100. An Official Institution contemplated in section98(a)(vi) is subject to such conditions inrespect of the acquisition, use, safekeeping and disposal of firearmsas may be prescribed, and to such conditions as may be imposed by theRegistrar.

Possession and use of firearms by Official Institution

101. (1) (a) Subject to this section, anemployee of an Official Institution may not possess a firearmcontrolled by the Official Institution without a permit issued in termsof this Chapter.

(b) Employees of the South African NationalDefence Force are exempted from the obligation to have a permit inrespect of military firearms issued to them—

(i) while performing official duties under military command; and

(ii) if they have in their possession a written order, instruction or routeform specifying the duty to be performed and the nature and type offirearm they are authorised to carry.

(c) Employees of the South African NationalDefence Force are exempted from the obligation to have a permit inrespect of military firearms in their possession or under their controlfor the purpose of performing official duties, if those firearms aremounted in or on a military weapons system.

(2) Only the head of an Official Institution, or someone delegated inwriting by him or her, may issue a permit to an employee of thatOfficial Institution to possess and use a firearm owned by it.

(3) A permit issued in terms of this Chapter must contain suchinformation as may be prescribed.

(4) The head of an Official Institution may impose conditions on thepossession and use of the firearms and ammunition controlled by thatOfficial Institution and may issue instructions to employees of thatInstitution prescribing conditions relating to the acquisition,storage, transport, possession, use and disposal of such firearms andammunition.

(5) Unless the permit referred to in subsection (2) indicatesotherwise, the employee must—

(a) when on duty, carry any handgun under his or her control on his or herperson in a prescribed holster;

(b) at the end of each period of his or her duty, return the firearm inquestion to the place of storage designated for this purpose by theOfficial Institution; and

(c) when travelling with a firearm, carry the firearm on his or her personor in a secured place under his or her direct control.

(6) (a) Despite subsection (5), the head of anOfficial Institution may authorise an employee to—

(i) have the firearm in his or her possession after his or her workinghours;

(ii) carry the firearm on his or her person outside the premises of his orher work; or

(iii) store the firearm at his or her place of residence.

(b) Paragraph (a) doesnot apply to an Official Institution contemplated in section98(a)(v) and (vi), unless the Registrardetermines in writing that it does so apply.

(7) The holder of a permit contemplated in subsection (2) must carrythat permit on his or her person when he or she is in possession of afirearm.

(8) The head of an Official Institution may only issue a permit interms of subsection (2) if the—

(a) employee is a fit and proper person to possess a firearm; and

(b) employee has successfully completed the prescribed training and theprescribed test for the safe use of a firearm.

(9) (a) The head of an Official Institutionmust report the loss or theft of any firearm immediately to theRegistrar and to the nearest police station.

(b) For the purposes of this subsection"nearest police station" means the police station nearest to theplace where the loss or theft occurred.

(10) An Official Institution may only dispose of or destroy a firearmin its possession in the prescribed manner.

102. (1) The head of an Official Institution mustkeep a register in the prescribed form.

(2) The register must contain such particulars as may be prescribed,including—

(a)

(i) in the case of the South African National Defence Force, theparticulars of every firearm of a calibre less than 20 millimeters; or

(ii) in the case of all other Official Institutions, the particulars ofevery firearm in its possession;

(b) the particulars of every employee who, in terms of this Chapter, is inpossession of a firearm, and the particulars of that firearm;

(d) the disposal, transfer, loss, theft or destruction of firearmscontemplated in paragraph (a); and

(e) if a firearm is lost or stolen, particulars regarding the report of theloss or theft to the South African Police Service.

(3) All firearms in the possession of an Official Institution must bearsuch identification marks as may be prescribed.

Establishment of central Official Institution firearmsdatabases

103. The Registrar must, as soon as practicable,establish such central Official Institution firearms databases as maybe prescribed.

Official Institution’s workstation

104. The head of an Official Institution must—

(a) establish and maintain a workstation at such place which complies withsuch requirements as may be prescribed; and

(b) provide the Registrar with access to the workstation and to theregister referred to in section 102.

CHAPTER 12 DECLARATION OF PERSONS TO BE UNFIT TO POSSESS FIREARM Declaration by Registrar of person to be unfit to possessfirearm

105. (1) The Registrar may declare a person unfit topossess a firearm if, on the grounds of information contained in astatement under oath or affirmation including a statement made by anyperson called as a witness by the Registrar, it appears that—

(a) a final protection order has been issued against such person in termsof the Domestic Violence Act, 1998 (Act No. 116 of 1998);

(b) that person has expressed the intention to kill or injure himself orherself or any other person by means of a firearm;

(c) because of that person’s mental condition, inclination to violence ordependence on any substance which has an intoxicating or narcoticeffect, the possession of a firearm by that person is not in theinterests of that person or of any other person;

(d) that person has failed to take the prescribed steps for the safekeepingof any firearm; or

(e) that person has provided information required in terms of this Actwhich is false or misleading.

(2) A declaration under subsection (1) may only be issued if theRegistrar—

(a) by notice in writing delivered by hand to the person, has called uponthe person to appear before the Registrar at a time and placedetermined therein in order to advance reasons as to why that personshould not be declared unfit to possess a firearm; and

(b) has given that person a reasonable opportunity to advance reasons as towhy the declaration should not be issued;

(d) is satisfied that the person is unfit as contemplated in subsection(1).

(3) Any person appearing in pursuance of a notice issued in terms ofsubsection (2)(a) is entitled to—

(a) be represented by a legal representative;

(b) request the Registrar to call, in the manner referred to in subsection(2)(a), any person who made a statementreferred to in subsection (1), to appear before the Registrar; and

(c) examine the person who has been called in terms of subsection (1) orparagraph (b) to appear, or to cause him or herto be so examined by such legal representative.

(4) When the Registrar declares a person unfit to possess a firearm interms of this section, such person must within 30 days surrender to theDesignated Firearms Officer—

(a) all competency certificates, licences, authorisations and permitsissued to him or her in terms of this Act;

(b) all firearms in his or her possession; and

(5) (a) Section 183 of the Criminal ProcedureAct, 1977 (Act No. 51 of 1977), applies with the necessary changes toany person called to appear before the Registrar in terms of subsection(2)(a), including any witness.

(b) For purposes of paragraph(a) the expression "to a fine not exceedingR300 or to imprisonment for a period not exceeding three months"where it occurs in section 183(2) of the Criminal Procedure Act, 1977(Act No. 51 of 1977), must be construed to read as follows: "to a fine or to imprisonment for a period not exceeding 12months".

(c) Section 181 of the Criminal Procedure Act,1977 (Act No. 51 of 1977), applies with the necessary changes inrespect of any witness whose appearance has been requested ascontemplated in subsection (3)(b).

Declaration by court of person to be unfit to possessfirearm

106. (1) A person must be regarded as being unfit topossess a firearm if convicted of—

(a) the unlawful possession of a firearm or ammunition;

(b) any crime or offence involving the unlawful use or handling of afirearm, whether the firearm was used or handled by that person or byanother participant in that offence;

(d) an offence involving the negligent handling or loss of a firearm whilethe firearm was in his or her possession or under his or her directcontrol;

(e) an offence involving the handling of a firearm while under theinfluence of any substance which has an intoxicating or narcoticeffect;

(f) any other offence or crime in the commission of which a firearm wasused, whether the firearm was used or handled by that person or byanother participant in the offence; or

(g) any offence involving violence or dishonesty, for which the accused issentenced to a period of imprisonment of not less than 12 monthswithout the option of a fine.

(2) A court which convicts a person of an offence referred to insubsection (1) must declare that person unfit to possess a firearm.

(3) (a) A court which convicts a person of anoffence referred to in Schedule 2 must enquire and determine whetherthat person is unfit to possess a firearm.

(b) If a court, acting in terms of paragraph(a), determines that a person is unfit topossess a firearm, it must make a declaration to that effect.

(4) A court which has made a declaration in terms of this section mustnotify the Registrar in writing of that declaration.

(5) A declaration of unfitness to possess a firearm made in terms ofthis section by a court must be accompanied by a court order for theimmediate search for and seizure of—

(a) all competency certificates, licences, authorisations and permitsissued to the relevant person in terms of this Act;

(b) all firearms in his or her possession; and

(6) A firearm and any other item seized in terms of subsection (5) mustbe kept by the South African Police Service or, if appropriate, by theMilitary Police, until an appeal against the conviction or sentence hasbeen finalised or the time for an appeal has elapsed.

Effect of declaration

107. (1) (a) All competency certificates,licences, authorisations and permits issued in terms of this Act to anyperson who is declared unfit to possess a firearm in terms of section105 or 106, cease to be valid from the date of the declaration.

(b) Despite the noting of an appeal against thedecision of a court or of the Registrar, the declaration contemplatedin paragraph (a) remains in effect pending thefinalisation of the appeal.

(2) A person who is declared unfit to possess a firearm in terms ofsection 105 or 106 must within 24 hours surrender to the nearest policestation—

(a) all competency certificates, licences, authorisations and permitsissued to him or her in terms of this Act;

(b) all firearms in his or her possession; and

(3) (a) A person who has surrendered his or herfirearm as contemplated in subsection (2) must dispose of the firearmand ammunition through a dealer—

(i) if an appeal is lodged and that appeal is unsuccessful, within 60 daysof the finalisation of the appeal; or

(ii) if no appeal is lodged, within 60 days of the receipt of a writtennotice from the Registrar declaring the person unfit to possess afirearm.

(b) If the firearm and ammunition are notdisposed of within 60 days, they must be forfeited to the State anddestroyed or disposed of as prescribed.

(d) For purposes of subsection(3)(a), the Registrar must release the firearmand ammunition in question to a dealer identified by the relevantperson, for disposal by that dealer on behalf of the person.

(4) (a) The holder of an additional licencereferred to in section 14(1) may, if the holder of the licence isdeclared unfit to possess a firearm, apply to the Registrar for theissue of a new licence in his or her name.

(b) If the holder of an additional licence doesnot make an application referred to in paragraph(a) within 30 days of the—

(i) date on which the time for an appeal elapses; or

(ii) finalisation of the appeal if it does not affect the declaration ofunfitness,

the additional firearm licence lapses.

(5) If the declaration of any person as being unfit to possess afirearm is set aside, any seized or surrendered firearm, ammunition,licence, permit or authorisation belonging to any such person, must bereturned.

(6) After a period of five years calculated from the date ofdeclaration of unfitness to possess a firearm, the person who has beendeclared unfit to possess a firearm may apply for a new competencycertificate, licence, authorisation or permit in accordance with theprovisions of this Act.

Proof of declaration

108. A certificate purporting to have been signed bythe Registrar or by the registrar of a High Court, the clerk of amagistrates’ court or the clerk of a military court, stating that theperson mentioned in the certificate has been declared unfit to possessa firearm, is upon production thereof by any person, primafacie evidence of the facts stated in that certificate.

CHAPTER 13 INSPECTIONS Production of licences and firearms for inspection

109. Subject to section 110, any holder of a firearm licence,permit or authorisation issued in terms of this Act must—

(a) produce the licence, permit or authorisation for inspection withinseven days of being required to do so by any police official or by anyperson authorised by the Registrar;

(b) maintain the firearm licence in such a state that it can be produced inan undefaced and legible condition; and

(c) produce the firearm in respect of which the licence, permit orauthorisation is issued within seven days of being required to do so byany police official or by any person authorised by the Registrar.

Duty to comply with request of police official or authorisedperson

110. (1) Any person who carries with him or her a firearm must atthe request of a police official or any person authorised by theRegistrar produce the licence, permit or authorisation, as the case maybe, in respect of such firearm for inspection.

(2) A person referred to in subsection (1) must—

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

(b) at the request of a police official or authorised person, produce suchfirearm for inspection.

(3) If a person fails to comply with subsection (2), the policeofficial or authorised person may seize the firearm without a warrantand keep the firearm in custody until the licence, permit orauthorisation is produced or the firearm is disposed of in terms ofthis Act.

Request for information

111. (1) A police official or person authorised by the Registrarwho has reasonable grounds to believe that a person has or recently hada firearm or ammunition in his or her possession, may request thatperson to—

(a) state his or her full name, age and residential and employment address;

(b) produce his or her licence, permit or authorisation for the possessionof the firearm;

(d) furnish any other information reasonably required by the policeofficial or authorised person.

(2) A police official or an authorised person, when exercising a powerin terms of subsection (1) must—

(a) identify himself or herself to the person referred to in subsection(1); and

(b) produce his or her appointment certificate or authorisation.

Inspection of premises

112. (1) Any police official or person authorised by theRegistrar may enter any—

(a) place of business of a dealer;

(b) firearm or ammunition factory or place of business of a manufacturer offirearms and ammunition;

(d) place of business of the holder of an importation or exportationpermit;

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

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

(g) place of business, including any vehicle, vessel or aircraft, of theholder of a licence in respect of firearms used for business purposesreferred to in section 23 of this Act,

and conduct such inspection as may be necessary in order todetermine whether the requirements and conditions of this Act or of anycompetency certificate, licence, permit or authorisation issued interms of this Act are being complied with.

(2) The Registrar must—

(a) before any inspection of an office or premises of an OfficialInstitution is conducted, give notice of the intended inspection to thehead of—

(i) the South African National Defence Force;

(ii) the South African Police Service;

(iii) the Department of Correctional Services; or

(iv) any intelligence service established in terms of the Constitution; and

(b) comply with such security arrangements as may be agreed upon with thehead of the Official Institution in question.

CHAPTER 14 SEARCH AND SEIZURE Chapter 2 of Criminal Procedure Act, 1977, to apply

113. (1) Chapter 2 of the Criminal Procedure Act, 1977 (Act No.51 of 1977), applies with the necessary changes to the entry ofpremises, search for and seizure of any firearm, imitation firearm,airgun, device or ammunition referred to in this Act.

(2) In the application of Chapter 2 of the Criminal Procedure Act, 1977(Act No. 51 of 1977), as contemplated in subsection (1), section 20 ofthe said Act must be construed as if the following paragraph had beenadded to it:

(d) which is a firearm or ammunition as defined in section 1 of theFirearms Control Act, 2000, and is on reasonable grounds believed to bein the possession or under the control of a person, who by reason ofany physical or mental condition, is incapable of having proper controlof any firearm or ammunition or who by such reason presents a danger ofharm to himself or herself or to any other person.".

(3) Despite sections 30 and 31 of the Criminal Procedure Act, 1977 (ActNo. 51 of 1977), any article referred to in subsection (1) which islawfully seized by the State, must be dealt with or disposed of inaccordance with the provisions of this Act.

Search and seizure in course of policing operations in terms ofSouth African Police Service Act, 1995

114. (1) Despite anything to the contrary in thisChapter, any police official or person authorised as such by theNational Commissioner or any provincial commissioner of the SouthAfrican Police Service, may, in the course of official policingoperations contemplated in section 13(6), (7) or (8) of the SouthAfrican Police Service Act, 1995 (Act No. 68 of 1995), search anypremises, vehicle, vessel or aircraft and seize any firearm, imitationfirearm, airgun, device or ammunition—

(a) which is reasonably suspected to be held in contravention of this Act;or

(b) for the purposes of determining whether or not the provisions of thisAct have been complied with in respect of such article.

(2) Section 13 of the South African Police Service Act, 1995 (Act No.68 of 1995), applies with the necessary changes to any search orseizure contemplated in subsection (1).

Exercise of powers set out in section 37 of Criminal ProcedureAct, 1977

115. Any police official or other person authorised as such inwriting by the Registrar may exercise the powers of a police officialset out in section 37 of the Criminal Procedure Act, 1977 (Act No. 51of 1977), in respect of—

(a) any occupant of a vehicle, vessel or aircraft or premises in which anyarticle referred to in section 113(1) is present and in respect ofwhich there is a reasonable suspicion that any of the provisions ofthis Act may have been contravened by that occupant; and

(b) the owner or person in control of any vehicle, vessel or aircraft orpremises in which any article referred to in section 113(1) is presentand in respect of which there is a reasonable suspicion that any of theprovisions of this Act may have been contravened.

Body-prints and genetic samples

116. (1) Any police official may take thefinger-prints, palm-prints, foot-prints and samples of genetic materialof a person or a group of persons or may cause any such prints orsamples to be taken, if—

(a) there are reasonable grounds to suspect that that person or that one ormore of the persons in that group has committed an offence punishablewith imprisonment for a period of five years or longer; and

(b) there are reasonable grounds to believe that the prints or samples orthe results of an examination thereof, will be of value in theinvestigation by excluding or including one or more of the persons as apossible perpetrator of the offence.

(2) The person who has control over prints or genetic material taken interms of this section—

(a) may examine them for purposes of the investigation of the relevantoffence or cause them to be so examined; and

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

(3) Samples of genetic material may be taken from the body of a persononly by a registered medical practitioner or a registered nurse.

Ballistic testing

117. (1) Any police official may seize, test-fire andexamine such number of firearms as are necessary or such ammunition asis necessary, if—

(a) there are reasonable grounds to suspect that one or more of thefirearms or the ammunition has been used in the commission of anoffence which is punishable in terms of this Act with imprisonment fora period of five years or longer; and

(b) there are reasonable grounds to believe that one or more of thefirearms or the ammunition or the results of the test-firing andexamination, will be of value in the investigation by excluding orincluding—

(i) one or more of those firearms or the ammunition as having been used inthe commission of the offence; or

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

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

Inspection, search and seizure for inquiry or investigation(with special warrant)

118. (1) For purposes of any inquiry or investigationrelating to the application of this Act and subject to subsection (4),the Registrar or any person authorised in writing by the Registrarmay—

(a) at any reasonable time and without prior notice, enter any business orindustrial premises; or

(b)

at any reasonable time and with reasonable notice, enter any dwellingon or in which anything relating to the subject-matter of the inquiryor investigation is or is suspected to be.

(2) The Registrar or person authorised may—

(a) inspect and search any premises or dwelling contemplated in subsection(1) and make such enquiries as may be necessary for purposes of theinquiry or investigation;

(b) examine anything found on the premises or dwelling which may have abearing on the subject-matter of the inquiry or investigation;

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

(d) make copies of or extracts from any book or document found on or in thepremises or dwelling which may have a bearing on the subject-matter ofthe inquiry or investigation and request an explanation of such book,document or any entry therein from any person suspected of havingknowledge thereof; and

(e) against the issue of a written receipt, seize anything on or in thepremises or dwelling which may have a bearing on the subject-matter ofthe inquiry or investigation.

(3) Any entry upon, inspection of or search of any premises ordwelling, or questioning of any person, in terms of this section mustbe carried out with strict regard to decency and order, including theright of persons to—

(a) respect for and protection of their dignity;

(b) freedom and security; and

(4) The powers contemplated in subsection (1) may be exercised only interms of a warrant issued by a judge or magistrate.

(5) (a) A warrant may only be issued if itappears from evidence under oath or on affirmation that there arereasonable grounds to suspect that anything referred to in subsection(2) is or may be on the premises or in the dwelling in question.

(b) The evidence must contain informationregarding the—

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

(ii) reason for or suspicion which gave rise to the inquiry orinvestigation;

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

(iv) premises on which the warrant is to be executed.

(6) Subject to subsection (7), sections 21(3) and 27 of the CriminalProcedure Act, 1977 (Act No. 51 of 1977), apply, with the necessarychanges, to the execution of a warrant or to a search in terms of thissection.

(7) A warrant contemplated in this section remains in force until—

(a) it is executed;

(b) it is cancelled; or

whichever may occur first.

Incidental discovery

119. If, in the course of a lawful search foranything other than articles referred to in section 113(1), the personexecuting the search finds an article referred to in section 113(1), inrespect of which a reasonable suspicion of illegality or illegalpossession exists, such person may seize such article, and must thendeal with it or dispose of it in terms of this Act.

CHAPTER 15 PRESUMPTIONS Presumption of possession of firearm or ammunition

120. (1) For purposes of this section "residentialpremises" does not include a hotel, a hostel, or an apartmentbuilding, but includes a room or suite in a hotel, a room in a hosteland an apartment in an apartment building.

(2) Whenever a person is charged in terms of this Act with an offenceof which the possession of a firearm or ammunition is an element, andthe State can show that despite the taking of reasonable steps it wasnot able with reasonable certainty to link the possession of thefirearm or ammunition to any other person, the following circumstanceswill, in the absence of evidence to the contrary which raisesreasonable doubt, be sufficient evidence of possession by that personof the firearm or ammunition where it is proved that the firearm orammunition was found—

(a) on residential premises and the person was, at the time—

(i) in control of such premises; or

(ii) over the age of 16 years and ordinarily resident on such premises;

(b) buried in or hidden on land used for residential purposes and theperson was, at the time—

(i)

in control of such land;

(ii) employed to work on the land in or on which the firearm or ammunitionwas found; or

(iii) over the age of 16 years and ordinarily resident on such land;

(i) in control of such premises;

(ii) ordinarily employed on the premises;

(iii) present in the immediate vicinity of the place on the premises wherethe firearm or ammunition was found and the circumstances indicate thatthe firearm or ammunition should have been visible to that person; or

(iv) in control of a locker, cupboard or other container within which thefirearm or ammunition was found;

(d) in or on a vehicle and the person was, at the time—

(i) the driver of the vehicle;

(ii) the person in charge of the vehicle;

(iii) in control of all the goods on the vehicle;

(iv) the consignor of any goods in or among which the firearm or ammunitionwas found;

(v) the only person who had access to the firearm or ammunition;

(vi) the employer of the driver of the vehicle and present on the vehicle;or

(vii) over the age of 16 years and present on the vehicle;

(e) on any aircraft other than an aircraft which was used to conveypassengers for gain, and the person was, at the time—

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

(ii) over the age of 16 years and present on the aircraft;

(f) in the hold of an aircraft and the person was, at the time, the personin charge of the goods in the hold;

(g) in a place on an aircraft or vessel—

(i) to which no one besides the person had access; or

(ii) where the circumstances indicate that the firearm or ammunition shouldhave been visible to no one besides the person;

(h) on any vessel other than a vessel which was used to convey passengersfor gain, and the person was, at the time—

(i) in charge of that vessel or that part of the vessel in which thefirearm or ammunition was found;

(ii) ordinarily employed in the immediate vicinity of the place on thevessel where the firearm or ammunition was found; or

(iii) over the age of 16 years and present in that part of the vessel; or

(i) in the cargo of a vessel and the person was, at the time—

(i) in control of the cargo of the vessel; or

(ii) the consignor of any goods in or among which the firearm or ammunitionwas found.

(3) In any criminal proceedings against a person where it is allegedthat such person has injured or killed another person or has damagedproperty belonging to another person, the following circumstances will,in the absence of evidence to the contrary which raises a reasonabledoubt, be sufficient evidence that such person participated in theinjury, killing or damage, where it is proved that—

(a) the person was driving, or was a passenger in, a vehicle other than avehicle designed or licenced to convey more than 20 passengers;

(b) a firearm was discharged from that vehicle while the person was drivingor was a passenger in the vehicle; and

Presumptions relating to failure to report

121. (1) Whenever a person is charged with an offence in terms ofthis Act of failing to report the loss, theft or destruction of afirearm and it is proved that such person was, at the time, thelicensed or authorised possessor of the firearm alleged to have beenlost, stolen or destroyed, proof that the person has failed to producesuch firearm within seven days of the request by a police official todo so, will, in the absence of evidence to the contrary which raisesreasonable doubt, be sufficient evidence that the firearm has beenlost, stolen or destroyed.

(2) Whenever a person is charged with an offence in terms of this Actof failing to furnish information or particulars on request of a policeofficial and it is proved that such person was, at the time, thelicensed or authorised possessor of the firearm alleged to have beenlost, stolen or destroyed, proof that the person has failed to producesuch information or particulars within seven days of the request of apolice official to do so, will, in the absence of evidence to thecontrary which raises reasonable doubt, be sufficient evidence that theperson has failed to furnish such information or particulars.

Presumption of failure to take reasonable steps

122. Whenever a person is charged in terms of this Act with anoffence of failing to take reasonable steps to ensure that no firearmor ammunition is brought onto premises, a vehicle, a vessel or anaircraft under his or her ownership or control in contravention of thisAct, proof that the firearm or ammunition was brought onto premises, avehicle, a vessel or an aircraft under his or her ownership or control,will, in the absence of evidence to the contrary which raisesreasonable doubt, be sufficient evidence that he or she failed to takesuch reasonable steps.

CHAPTER 16 OFFENCES, PENALTIES AND ADMINISTRATIVE FINES Offences

123. (1) A person is guilty of an offence if he or shecontravenes or fails to comply with any—

(a) provision of this Act;

(b) condition of a licence, permit or authorisation issued or granted by orunder this Act; or

(2) Any person who remains in the vicinity of a firearm or ammunitionwhich is not in the possession of any person, under circumstances wherehe or she must have been aware of the existence of that firearm orammunition, is guilty of an offence.

(3) It is a defence to a charge contemplated in subsection (2) to showthat the accused was not aware of the existence of the firearm orammunition in question.

(4) It is an offence to—

(a) cause bodily injury to any person or cause damage to property of anyperson by negligently using a firearm, an antique firearm or an airgun;

(b) discharge or otherwise handle a firearm, an antique firearm or anairgun in a manner likely to injure or endanger the safety or propertyof any person or with reckless disregard for the safety or property ofany person; or

(c) have control of a loaded firearm, an antique firearm or an airgun incircumstances where it creates a risk to the safety or property of anyperson and not to take reasonable precautions to avoid the danger.

(5) It is an offence to handle a firearm, an antique firearm or anairgun while under the influence of a substance which has anintoxicating or a narcotic effect.

(6) A person is guilty of an offence if he or she gives control of afirearm, an antique firearm or an airgun to a person whom he or sheknows, or ought reasonably to have known—

(a) to be mentally ill; or

(b) to be under the influence of a substance which has an intoxicating or anarcotic effect.

(7) It is an offence to wilfully point—

(a) any firearm, an antique firearm or an airgun, whether or not it isloaded or capable of being discharged, at any other person; or

(b) anything which is likely to lead a person to believe that it is afirearm, an antique firearm or an airgun, at any other person.

(8) It is an offence to discharge a firearm, an antique firearm or anairgun in a municipal area or any public place.

(9) A person is guilty of an offence if he or she—

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

(b) loses a firearm, or is otherwise dispossessed of a firearm owing tothat person’s failure to—

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

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

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

(10) It is an offence to—

(a) add any word, figure or letter to a competency certificate, licence,permit or authorisation as issued, without the Registrar’s permission;

(b) alter or erase any words, figures or letters from any competencycertificate, licence, permit or authorisation, without the Registrar’spermission;

(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) part with a competency certificate, licence, permit or authorisation inorder that it may be used by any person other than the person to whomit was issued or granted;

(e) use a competency certificate, licence, permit or authorisation issuedin the name of another person to procure possession of a firearm orammunition;

(f) supply particulars, information or answers in an application for acompetency certificate, licence, permit or authorisation in terms ofthis Act, knowing them to be false, incorrect or misleading or notbelieving them to be correct;

(g) make a false entry in a register which is required to be kept in termsof this Act; or

(h) furnish false information in any return required to be submitted interms of this Act.

(11) It is an offence to—

(a) sell, supply or in any other manner give possession of a firearm orammunition to a person who is not allowed in terms of this Act topossess that firearm or ammunition; or

(b) be in possession of any firearm, imitation firearm or ammunition, withintent to commit an offence or to use the firearm or an imitationfirearm to resist arrest or prevent the arrest of another person.

(12) Any holder of a licence, permit or authorisation to possess afirearm, and any other person who was in possession of or who hadcontrol of a firearm when it was lost, stolen or destroyed and whofails to report the loss, theft or destruction to the police stationnearest to the place where it occurred, within 24 hours after havingbecome aware of the loss, theft or destruction of the firearm, isguilty of an offence.

(13) It is an offence to obstruct or hinder any person in the exerciseof any power or the performance of any duty in terms of this Act.

Penalties

124. Any person convicted of a contravention of or a failure tocomply with any section mentioned in Column 1 of Schedule 4, may besentenced to a fine or to imprisonment for a period not exceeding theperiod mentioned in Column 2 of that Schedule opposite the number ofthat section.

Administrative fines

125. (1) If a person is alleged to have committed an offencecontemplated in section 123 for which that person may be sentenced to afine or imprisonment for a period not exceeding five years in terms ofsection 124, the Registrar may cause to be delivered by hand to thatperson (hereinafter referred to as the infringer) an infringementnotice which must contain the particulars contemplated in subsection(2).

(2) A notice referred to in subsection (1) must—

(a) specify the name and address of the infringer;

(b) specify the particulars of the alleged offence;

(i) if the period contemplated in subsection (1) does not exceed two years,may, in respect of a first infringement, not exceed R5 000 and, inrespect of a second or subsequent infringement, not exceed R10 000;

(ii) if the period contemplated in subsection (1) does not exceed threeyears, may, in respect of a first infringement, not exceed R15 000 and,in respect of a second or subsequent infringement, not exceed R30 000;

(iii) if the period contemplated in subsection (1) does not exceed fouryears, may, in respect of a first infringement, not exceed R20 000 and,in respect of a second or subsequent infringement, not exceed R40 000;or

(iv) if the period contemplated in subsection (1) does not exceed fiveyears, may, in respect of a first infringement, not exceed R50 000 and,in respect of a second or subsequent infringement, not exceed R100 000;

(d) inform the infringer that, not later than 30 days after the date ofservice of the infringement notice, the infringer may—

(i) pay the administrative fine;

(ii) make arrangements with the Registrar to pay the administrative fine ininstalments; or

(iii) elect to be tried in court on a charge of having committed the allegedoffence; and

(e) state that a failure to comply with the requirements of the noticewithin the time permitted, will result in the administrative finebecoming recoverable as contemplated in subsection (4).

(3) If an infringer elects to be tried in court on a charge of havingcommitted the alleged contravention or failure, the Registrar must handthe matter over to the prosecuting authority and inform the infringeraccordingly.

(4) If an infringer fails to comply with the requirements of a notice,the Registrar may file with the clerk or registrar of any competentcourt a statement certified by him or her as correct, setting forth theamount of the administrative fine payable by the infringer, and suchstatement thereupon has all the effects of a civil judgment lawfullygiven in that court in favour of the Registrar for a liquid debt in theamount specified in the statement.

(5) The Registrar may not impose an administrative fine contemplated inthis section if the person concerned has been charged with a criminaloffence in respect of the same set of facts.

(6) No prosecution may be instituted against a person if the personconcerned has paid an administrative fine in terms of this section inrespect of the same set of facts.

(7) An administrative fine imposed in terms of this section does notconstitute a previous conviction as contemplated in Chapter 27 of theCriminal Procedure Act, 1977 (Act No. 51 of 1977).

CHAPTER 17 ORGANISATIONAL STRUCTURES Registrar of Firearms

126. The National Commissioner is the Registrar of Firearms.

Functions of Registrar

127. (1) The Registrar must—

(a) establish and maintain the Central Firearms Register;

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

(d) develop a training curriculum for competency testing in terms of thisAct;

(e) conduct research into firearms policies;

(f) monitor the implementation of this Act;

(g) conduct public education programmes concerning the provisions of thisAct and all other matters relating to the safe possession and use offirearms; and

(h) designate police officials as Designated Firearms Officers.

(2) The Registrar may—

(a) conduct any investigation or enquiry which he or she deems necessary inorder to exercise his or her powers or carry out his or her duties interms of this Act; and

(b) make recommendations to the Minister on any matter relating to thisAct.

Central Firearms Register

128. (1) The Central Firearms Register must contain—

(a) the central firearms database;

(b) the central dealers 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 ofthis 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 wellas renewals and cancellations thereof;

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

(c) a record of all licensed dealers, manufacturers, gunsmiths, importersand exporters, transporters for reward, accredited institutions,organisations 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 inrespect of firearms in the possession of Official Institutions;

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

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

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

Certificate signed by Registrar to constitute prima facieevidence

129. Any document containing information contemplated in section128 and purporting to be a certificate signed by the Registrar is, uponproduction in a court by any person, prima facie evidenceof the facts stated therein.

Appointment and functions of Head of Office of Central FirearmsRegister

130. (1) The Registrar must, with the approval of the Minister,designate a police official as Head of the Office of the CentralFirearms Register.

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

(a) must manage the Office of the Central Firearms Register;

(b) must perform the duties assigned to him or her by the Registrar; and

Establishment of Appeal Board

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

(2) The Appeal Board consists of no more than five members who must beappointed by the Minister and who, when viewed collectively, must asfar as possible be broadly representative of the population of theRepublic.

Conditions of service, remuneration and allowances of membersof Appeal Board

132. (1) The period and conditions of office, remunerationand allowances of the members of the Appeal Board are as prescribed bythe Minister with the approval of the Minister of Finance.

(2) (a) The Minister may at any time withdrawthe appointment of a member of the Appeal Board if there is sufficientreason for doing so.

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

Quorum, meetings and procedure of Appeal Board

133. (1) The quorum for, the procedure at, and the holding ofmeetings of the Appeal Board are as prescribed.

(2) The Appeal Board may establish such committees consisting ofmembers of the Appeal Board as may be prescribed to perform the dutiesassigned to them by the Appeal Board and to exercise such powers as maybe delegated to them by the Appeal Board.

Administrative work of Appeal Board

134. The administrative work of the Appeal Board must beperformed by such members of the South African Police Service as may bedesignated by the National Commissioner.

Establishment of Ministerial Committees

135. (1) The Minister may establish such committees as may beappropriate to assist him or her, or any other person appointed interms of this Act, in respect of any matter dealt with in this Act.

(2) The composition and functions of the committees may be determinedby the Minister.

(3) The conditions of office, remuneration, allowances and otherbenefits of members of the committees may be prescribed by the Ministerwith the approval of the Minister of Finance.

CHAPTER 18 RIGHT OF APPEAL Right of appeal

136. (1) Any person—

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

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

(d) who has received a notice of an administrative decision in terms ofthis Act which may detrimentally affect his or her rights, may, in theprescribed manner, appeal to the Appeal Board.

(2) The Appeal Board may confirm, vary or reverse any decision againstwhich an appeal has been lodged in terms of this section.

(3) The Appeal Board may admit evidence of facts not before theRegistrar when he or she made the decision which is the subject of theappeal only if—

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

(b) the Registrar has had sufficient opportunity to verify the facts and topresent any evidence to the Appeal Board in this regard.

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

CHAPTER 19 COMPENSATION Circumstances where no compensation is payable in respect of firearmsand ammunition forfeited to State

137. No compensation is payable to a person in respect of afirearm or ammunition forfeited to the State in terms of this Act—

(a) if the relevant licence, permit or authorisation was cancelled in termsof this Act because the holder of the licence had contravened or notcomplied with a provision of this Act or a condition specified in thatlicence, permit or authorisation; or

(b) if the holder of the licence, permit or authorisation was in terms ofsection 105 or 106 declared unfit to possess a firearm.

Circumstances where no compensation is payable in respect offirearms and ammunition seized by State

138. (1) No compensation is payable to a person fromwhom a firearm or ammunition was seized by the State if—

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

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

(2) The lawful owner of a firearm or ammunition lost or stolen as aresult of his or her negligence is not entitled to claim compensationif such firearm or ammunition is subsequently seized by the State fromanother person.

No compensation payable where firearms or ammunition aredestroyed by State

139. (1) The Registrar may in respect of any firearm orammunition seized by, surrendered to or forfeited to the State, issue anotice in the Gazette stating that it is the intention ofthe State to destroy that firearm or ammunition.

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

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

Application for compensation

140. (1) A person whose firearm has been surrendered or forfeitedto the State in circumstances other than those referred to in sections137, 138 and 139 may apply to the Registrar for compensation in respectof that firearm in the prescribed form.

(2) On receipt of an application for compensation made in terms of thissection, the Registrar must—

(a) decide whether or not compensation is payable in terms of this Chapter;

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

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

(4) On receipt of an appeal lodged in terms of subsection (3) theAppeal Board must—

(a) hear the applicant and the Registrar; and

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

(5) The Minister must, with the approval of the Minister of Finance,establish guidelines for the payment of compensation, taking intoaccount the—

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

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

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

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

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

CHAPTER 20 SPECIAL POWERS RELATING TO AMNESTIES, FIREARM FREE ZONES ANDEMERGENCIES Definition

141. In this Chapter "amnesty" means anindemnity against prosecution for the unlawful possession of a firearmor ammunition.

Amnesty

142. (1) The Minister may, by notice in theGazette, declare an amnesty if—

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

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

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

(a) be tabled in Parliament at least 14 days before publication ifParliament is then sitting, and if Parliament is not sitting, withinseven days after the commencement of the next sitting;

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

(3) A person who surrenders a firearm or ammunition in compliance witha notice published in terms of subsection (1), may not be prosecuted inrelation to—

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

(b) the ammunition, for having been in possession of that ammunitionwithout having been in lawful possession of a firearm capable ofdischarging the ammunition.

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

(b) If a licence is granted, the firearm andammunition, if any, surrendered in terms of this Act must be returnedto the holder of the licence.

(5) The Registrar must dispose of any firearm or ammunition surrenderedin compliance with a notice in terms of subsection (1) in such mannerand after the expiry of such period as may be prescribed.

Firearm free zones

143. (1) The Minister may, after consultation withthe National Commissioner and the Secretary for Safety and Security, bynotice in the Gazette declare any premises or categories ofpremises to be firearm free zones, if it is—

(a) in the public interest; and

(b) in accordance with the objects of this Act.

(2) Unless authorised to do so in terms of a notice issued undersubsection (1), no person may—

(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

(3) A police official may, without warrant—

(a) search any building or premises in a firearm free zone if he or she hasa suspicion on reasonable grounds that a firearm or ammunition may bepresent in the firearm free zone in contravention of a notice issued interms 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 onthe person in contravention of a notice issued in terms of subsection(1).

Emergency provisions

144. (1) The Minister may, during a state of emergency ascontemplated in the Constitution and if empowered as contemplated interms of section 2(2) of the State of Emergency Act, 1997 (Act No. 64of 1997)—

(a) by notice in the Gazette prohibit or regulate the supplyand the transportation of firearms and ammunition, or firearms andammunition of a particular class within a particular area for a periodspecified in the notice;

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

(c) by notice in writing to any particular dealer or authorisedmanufacturer, direct him or her to surrender, in the manner and at theplace specified in the notice, all firearms and ammunition in his orher possession, or all firearms and ammunition of a particular class inhis or her possession.

(2) Any notice issued under this section remains in force for theduration of the state of emergency unless it is revoked earlier.

(3) Any firearm or ammunition surrendered in terms of a notice issuedunder this section must be returned as soon as possible after the stateof emergency is lifted or the notice is revoked.

CHAPTER 21 GENERAL PROVISIONS Othert uses of firearms

145. Despite anything to the contrary in this Act, a firearm mayalso be used by the holder of a licence to possess that firearm—

(a) to euthanase or slaughter animals in the prescribed manner; and

(b) for such other purposes and in accordance with such requirements as maybe prescribed.

Delegation of powers and assignment of duties

146. (1) The Registrar may delegate any power conferred on him orher and assign any duty imposed on him or her by or under this Act toany official in the service of the State.

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

(3) The Registrar may, notwithstanding a delegation or assignment interms of subsection (1), personally exercise the power or perform theduty delegated or assigned to another official.

Designation as police officials

147. For purposes of this Act, the Minister may inwriting designate any person or any category of persons employed by theState, as police officials.

Service of documents

148. (1) Any notice or other document to be served on or given toany person in terms of this Act may be—

(a) delivered by hand to that person;

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

(d) posted by certified mail addressed to that person by name at thatperson’s last known place of residence or business or at a postaladdress specified by that person for the purpose of any applicationmade in terms of this Act;

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

(f) if the relevant person is deceased, delivered to that person’s legalrepresentative or to the executor of his or her estate; or

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

(2) This section does not apply to notices or other documents served orgiven during the course of any proceedings in a court of law or tonotices in terms of section 125.

Return of service

149. A document purporting to be signed by a police official, orperson designated under section 147, indicating that the service waseffected in accordance with section 148(1) by the person who has signedthe document, is upon production in a court by any person, primafacie evidence of service of the document.

Regulations

150. (1) The Minister may, by notice in the Gazette,make regulations regarding—

(a) anything that may or must be prescribed in terms of this Act;

(b) the surrendering of firearms and ammunition to the South African PoliceService;

(c) the production of any firearm to which any application relates for thepurpose of identification, and the discharging of ammunition foridentification purposes;

(d) the determination and payment of fees payable in respect of the issueor renewal of any competency certificate, licence, permit orauthorisation or in respect of anything else for which a fee may becharged in terms of this Act;

(e) the fees or remuneration which may be charged by dealers in respect ofany firearm, or other device, required to be disposed of through adealer in terms of this Act;

(f) the security of any premises at which dealers, manufacturers,gunsmiths, importers and exporters of firearms and ammunition, OfficialInstitutions or persons who use firearms for business purposes conductbusiness, including precautions and procedures to be taken to preventthe theft or unlawful use of firearms and ammunition in the possessionof such persons;

(g) precautions to be taken in respect of the carriage, use, safe custodyor destruction of firearms and ammunition;

(h) the surrender and disposal of competency certificates, licences,permits or authorisations issued in terms of this Act which have beensuspended, revoked or cancelled or which have ceased to be valid;

(i) the notification of change of address;

(j) the acquisition, disposal, possession, importation or exportation ofequipment and material designed for the charging or recharging ofammunition;

(k) the taking of fingerprints;

(l) the periods for and the manner in which, and by whom, documentationcontemplated in this Act must be retained; and

(m) generally with regard to any other matter which it is necessary orexpedient to prescribe in order to achieve or promote the objects ofthis Act.

(2) A regulation may provide for a penalty for any contraventionthereof or failure to comply therewith, of a fine or imprisonment for aperiod not exceeding 12 months or both a fine and such imprisonment.

(3) A regulation regarding the determination of fees may be made onlywith the approval of the Minister of Finance.

(4) In making regulations, other than those relating to the payment offees, the Minister may differentiate between different areas in SouthAfrica.

Disposal of firearms in case of ceasing to carry on business

151. If a person who holds a licence issued in terms of section23 or who holds a licence, permit or authorisation contemplated inChapter 7 or 8, ceases to carry on business for any reason, thefirearms and ammunition in possession of that person must be kept insafe custody by the person and at the place designated by theRegistrar, until they are disposed of as prescribed.

Disposal of firearms in case of death

152. (1) In the case of the death of the holder of afirearm licence, the firearm in question must be disposed of asprescribed.

(2) The executor of the estate of a deceased person who comes intopossession of a firearm licensed to the deceased must store the firearmas prescribed.

(3) A person who, on the death of the holder of a licence, permit orauthorisation, becomes entitled to a firearm must, if he or she—

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

(b) does not wish to acquire the firearm, or fails to obtain theappropriate licence, permit or authorisation, dispose of it asprescribed.

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

Inherited firearms

153. (1) A person who inherits a firearm may have thefirearm in his or her possession, if—

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

(b) he or she has obtained a permit referred to in subsection (2).

(2) The Registrar may, on application in the prescribed form, issue apermit to possess a firearm to a person who inherits a firearm subjectto such conditions as the Registrar may impose.

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

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

Compulsory destruction of firearms by State

154. (1) A firearm may only be destroyed asprescribed.

(2) Any firearm or ammunition forfeited to the State in terms of thisAct—

(a) must be destroyed by the State within six months of the date of theforfeiture or after all possible appeals have been concluded or thelast date on which any appeal could have been noted has passed withoutan appeal having been noted, whichever occurs last; and

(b) remains the property of the owner thereof until its destruction.

(3) (a) Despite subsection (2), the State mayretain any firearm or ammunition forfeited to the State, which theRegistrar deems to be of special value.

(b) Any firearm or ammunition retained by theRegistrar in terms of paragraph (a) becomes theproperty of the State when the Registrar informs the former owner ofthe firearm of that fact.

(c) Subject to Chapter 19, the former owner ofany firearm or ammunition which becomes the property of the State interms of paragraph (b) may apply forcompensation in terms of this Act.

Deactivation of firearms

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

(2) A firearm may only be deactivated by a gunsmith in the prescribedmanner.

(3) If a firearm is deactivated by a gunsmith—

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

(b) the holder of the licence in respect of the firearm in question mustnotify the Registrar within 14 days after such deactivation, and at thesame time forward to the Registrar a copy of the deactivationcertificate; and

(c) the gunsmith must notify the Registrar within 14 days after anydeactivation done by him or her, and at the same time forward to theRegistrar a copy of the deactivation certificate.

Jurisdiction of magistrates’ courts

156. Despite any law to the contrary, any magistrates’ court hasjurisdiction to impose any penalty provided for in terms of this Act.

Act binds State

157. This Act binds the State.

Repeal of laws

158. Subject to Schedule 1, the laws mentioned in the Column 1 ofSchedule 3 are hereby repealed to the extent mentioned in Column 3 ofSchedule 3.

Short title and commencement

159. This Act is called the Firearms Control Act,2000, and comes into effect on a date to be fixed by the President byproclamation in the Gazette.

SCHEDULE 1 TRANSITIONAL PROVISIONS Existing licence to possess an arm

1. (1) Subject to subitem (2) and item 11, any licence, which wasissued in terms of the previous Act and which was valid immediatelybefore the date of the commencement of this Act, remains valid for aperiod of five years from the date on which this Act comes intooperation, unless such licence is terminated, cancelled or surrenderedin terms of this Act.

(2) (a) The holder of a licence to possess anarm contemplated in subitem (1) must, before the end of the periodcontemplated in that subitem, in a lawful manner dispose of anyfirearms in his or her possession in excess of the number that he orshe may lawfully possess in terms of this Act.

(b) For the purpose of paragraph(a), section 34(2) does not apply.

(3) Any firearm not disposed of as contemplated in subitem (2) may beforfeited to the State and must be disposed of in the prescribedmanner.

Existing dealer’s licence

2. Subject to item 11, any licence issued in terms of section19(1) of the previous Act or transferred in terms of section 20 of thatAct or any temporary licence issued in terms of section 19A(1) of theprevious Act, which was valid immediately before the date ofcommencement of this Act, remains valid for one year from that date,unless it is terminated, cancelled or surrendered in terms of this Act.

Existing permit for importation or exportation of arms andammunition

3. Subject to item 11, any permit issued in terms of section26(1) or 32(1) of the previous Act, which was valid immediately beforethe commencement of this Act, remains valid for the period specified inthat permit, unless terminated, cancelled or surrendered in terms ofthis Act.

Existing permit for manufacture of arms and ammunition

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

Existing authorisations and certain existing permits

5. Subject to item 11, any authorisation issued in terms ofsection 3(5) or 33A(1) of the previous Act or any permit issued interms of the previous Act other than a permit contemplated in item 3 or4, 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 interms of this Act.

Person unfit to possess a firearm

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

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

7. (1) The register kept in terms of section 42 of the previousAct must be maintained by the Registrar for such period as may benecessary.

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

Matters pending under previous Act

8. (1) Subject to subitems (2) and (3), this Act does not affectany proceedings instituted in terms of the previous Act which werepending in a court of law immediately before the date of commencementof this Act, and such proceedings must be disposed of in the court inquestion as if this Act had not been passed.

(2) Proceedings contemplated in subitem (1) must be regarded as havingbeen pending if the person concerned had pleaded to the charge inquestion.

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

(4) (a) Despite the repeal of the previous Act,any person who, before such repeal, committed an act or omission whichconstituted an offence under that Act and which constitutes an offenceunder this Act, may after this Act takes effect be prosecuted under therelevant provisions of this Act.

(b) Despite the retrospective application ofthis Act as contemplated in paragraph (a), anypenalty imposed in terms of this Act in respect of an act or omissionwhich took place before this Act came into operation may not exceed themaximum penalty which could have been imposed on the date when the actor omission took place.

Investigations by Commissioner under previous Act

9. (1) An investigation by the Commissioner in terms of theprevious Act which has not been completed when this Act commences, mustbe discontinued.

(2) Any act or omission committed prior to the coming into operation ofthis Act, which constituted grounds for declaring a person unfit topossess an arm, must be regarded as constituting grounds for declaringa person unfit to possess a firearm in terms of this Act.

Consideration of validity of existing licence, permit andauthorisation

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

(2) The person notified must on a date specified in the notice furnishthe Registrar—

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

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

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

(4) The firearm must be disposed of as prescribed after the expirationof a period of six months after the date of surrender or after allpossible appeals have been concluded or the last date on which anyappeal could have been noted has passed without an appeal having beennoted, whichever occurs last.

(5) The Registrar may declare the holder referred to in subitem (3) tobe unfit to possess a firearm, in which case the provisions of Chapter12 of this Act apply with the necessary changes.

(6) Any person who fails to comply with subitem (2) or (3) is guilty ofan offence and is liable on conviction to a fine or to imprisonment fora period not exceeding one year or to both a fine and suchimprisonment.

Renewal of licence

11. (1) (a) The holder of a licence,permit or authorisation contemplated in item 1, 2, 3, 4 or 5 must applyfor the corresponding licence, permit or authorisation in terms of thisAct within the period determined by the Minister by notice in theGazette.

(b) Different periods may be determined interms of paragraph (a) in respect of—

(i) different licences, permits or authorisations; and

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

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

(d) If an application for the renewal of alicence, permit or authorisation has been lodged within the periodprovided for in this section, the licence, permit or authorisationremains valid until the application is decided.

(2) An application for a licence, permit or authorisation contemplatedin subitem (1) must in addition to any requirement in terms of this Actbe accompanied by—

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

(b) such other information as may be required.

(3) For purposes of this item, section 11(2)(o)does not apply.

(4) Any holder of a licence, permit or authorisation who fails to applyfor the renewal of his or her licence, permit or authorisation beforethe end of the period determined by the Minister in terms of subitem(1), is guilty of an offence and liable on conviction to a fine or toimprisonment for a period not exceeding one year or to both a fine andsuch imprisonment.

SCHEDULE 2 OFFENCES GIVING RISE TO UNFITNESS ENQUIRY BY COURT (Section 106(3))

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 with the intent to commit an offence under thecommon law or a statutory provision

11. Kidnapping

12. Child stealing

13. Culpable homicide

14. Extortion

15. Any crime or offence—

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

(b) involving the abuse of alcohol or drugs;

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

(e) involving violence or dishonesty; or

(f) in terms of the Explosives Act, 1956,

and which is not a crime or an offence for which a court is obligedin terms of section 106(2) to declare a person unfit.

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

Schedule 3 Laws repealed (Section 158)

No. and year ofAct

Short title

Extent of

repeal

Act No. 75 of 1969

Arms and Ammunition Act,1969

The whole

Act No. 80 of 1971

General Law Amendment Act,1971

Section 25

Act No. 35 of 1973

Arms and AmmunitionAmendment Act, 1969

The whole

Act No. 94 of 1974

SecondGeneral Law Amendment Act, 1974

Section 48

Act No. 16 of1978

Arms and Ammunition Amendment Act, 1978

The whole

Act No.19 of 1983

Arms and Ammunition Amendment Act, 1983

Thewhole

Act No. 60 of 1988

Arms and Ammunition Amendment Act,1988

The whole

Act No. 30 of 1990

Arms and AmmunitionAmendment Act, 1990

The whole

Act No. 79 of 1991

Arms andAmmunition Amendment Act, 1991

The whole

Act No. 117 of1992

Arms and Ammunition Acts Amendment Act, 1992

Thewhole

Act No. 65 of 1993

Arms and Ammunition Amendment Act,1993

The whole

Act No. 177 of 1993

Arms and Ammunition SecondAmendment Act, 1993

The whole

Act No. 7 of 1995

Arms andAmmunition Amendment Act, 1995

The whole

SCHEDULE 4 PENALTIES (Section 124)

Section

Maximum period ofimprisonment

15 years

25 years

6(1)

Twoyears

6(2)

Two years

6(3)

Two years

6(4)

Twoyears

7(1)

Two years

7(1)

Two years

14(3)

Twoyears

15(4)

Two years

16(5)

Five years

17(4)

Twoyears

18(4)

Two years

18(5)

Two years

19(4)

Twoyears

19(5)

Two years

20(3)(a)

Twoyears

20(3)(b)

Threeyears

20(4)

Two years

21(2)(b)

Fiveyears

20(3)

Five years

21(4)(a)

Twoyears

21(4)(b)

Threeyears

22(3)

Five years

22(4)(a)

Twoyears

22(4)(b)

Threeyears

22(5)

Five years

22(6)

Five years

23(4)

Fiveyears

23(5)(a)

Fiveyears

23(5)(b)

25years

23(6)(a)

Fiveyears

23(6)(b)

Five years

23(7)

Twoyears

23(8)

Two years

24(5)

Five years

24(4)

Twoyears

26(5)

10 years

26(6)

Five years

28(1)

Twoyears

Two years

31(4)

10 years

31(5)

10years

32(1)

Two years

32(2)

Two years

34(1)

25years

34(2)

25 years

34(3)

15 years

35(2)

Fouryears

39(6)

Two years

42(1)

Fouryears

42(2)

Four years

42(3)

Five years

42(4)

Twoyears

42(5)

Three years

42(6)

Three years

42(8)

Threeyears

42(9)

15 years

44(5)

25 years

45(4)

25years

45(5)

25 years

47(1)

Two years

47(2)

Twoyears

48(1)

25 years

48(2)

25 years

53(6)

Twoyears

Two years

56(1)

Four years

56(2)

Fiveyears

56(3)

Three years

56(4)

Two years

56(5)

Twoyears

56(6)

Three years

56(7)

15 years

58(5)

25years

59(4)

25 years

59(5)

25 years

61(1)

Twoyears

61(2)

Two years

15 years

67(6)

Twoyears

Two years

70(1)

Two years

70(2)

Fiveyears

70(3)

Two years

70(4)

Three years

70(5)

Threeyears

70(7)

Three years

70(8)

15 years

72(5)

25years

73(4)

25 years

73(5)

25 years

75(1)

Twoyears

75(2)

Two years

76(1)

15 years

76(2)

15years

81(1)

Two years

81(2)

Three years

81(3)

Threeyears

81(4)

15 years

83(5)

25 years

85(1)

Twoyears

85(2)

Two years

15 years

Twoyears

88(1)

25 years

90(1)

Two years

90(2)

Twoyears

90(3)

Two years

91(2)

25 years

15years

94(1)

10 years

94(2)

10 years

96(2)

10years

96(3)

10 years

96(4)

10 years

97(2)

Fiveyears

97(3)

Two years

101(1)

Two years

101(5)

Twoyears

101(7)

Two years

105(4)

15 years

107(2)

15years

109

Two years

110(1)

10 years

110(2)

Oneyear

111(1)

One year

123(2)

15 years

123(4)

Fiveyears

123(5)

Three years

123(6)

Three years

123(7)

10years

123(8)

Five years

123(9)

Fiveyears

123(10)

Five years

123(11)(a)

10years

123(11)(b)

25years

123(12)

10 years

123(13)

Fiveyears

143(2)(a)

Fiveyears

143(2)(b)

10years

143(2)(c)

25 years

144(1)

15years

151(1)

15 years

152(1)

Five years

152(2)

Fiveyears

152(3)

Five years

152(4)

15years

153(2)(a)

25years

153(2)(b)

25 years

153(3)

15years

154(1)

10 years

155(2)

Fiveyears

155(3)(a)

Twoyears

155(3)(b)

Twoyears

155(3)(c)

Two years

MEMORANDUM OF OBJECTS OF THE FIREARMS CONTROL BILL, 2000

1. The proliferation of firearms in South Africa has resulted incriminals having easy access to firearms. There is little doubt thatthe availability of firearms contributes directly to the high level ofviolent crime in South Africa. The Bill seeks to repeal the Arms andAmmunition Act, 1969 (Act No. 75 of 1969) ("the current Act"),and replace it with legislation that will tighten control over thepossession of firearms to prevent these from entering the illegalmarket. The Bill also seeks to provide the South African Police Servicewith the necessary power to combat the problem of illegal firearmseffectively.

2. Key proposals in the Bill are the following: 2.1

Every person who applies for a licence to possess a firearm must obtaina competency certificate. It is clear that many persons who obtainlicences have received no training in the safe and responsible use offirearms. To obtain a competency certificate a person will have toundergo training in the safe and responsible use of a firearm.

2.2 Licences issued under the current Act are valid for an indefiniteperiod unless the licence is cancelled or revoked. Problems experiencedare that often the personal details of the licence holder have changedand the licence holder fails to notify the South African Police Serviceof such changes. Furthermore, a person often purchases a firearm for aspecific purpose and then no longer requires the firearm or wants it.The Bill provides for licences that have a limited lifespan rangingfrom two years to ten years. At the renewal stage the personal detailsof the applicant will be updated and the applicant will be required toshow that he or she still needs the firearm.

2.3 The Bill seeks to provide the South African Police Service withadditional powers of search, seizure and evidence gathering. Forexample, it is proposed that certain body prints and genetic samples ofpotential suspects may be taken in order to exclude or include one ormore persons as possible perpetrators of an offence.

2.4 The Bill also seeks to increase the penalty for the unlawful possessionof a firearm from a maximum of five years imprisonment to a maximum of15 years imprisonment.

2.5 The minimum age of the holder of a firearm licence is increased from 16to 18 years.

2.6 The Minister for Safety and Security is given the power to declareplaces such as schools, places of worship and shebeens as Firearm FreeZones.

2.7 Restrictions are placed on the amount of ammunition a licence holdermay purchase. This provision will assist in combating the unlawful saleof ammunition to criminals.

2.8 Computerised central data bases will be established and will linkdealers, manufacturers and gunsmiths on line to the Central FirearmsRegister which in turn will assist in the accurate recording of allinformation relating to firearms.

3. CONSULTATION

Consultation has taken place with the following entities:

The Department of Defence

The Department of Justice

The National Directorate of Public Prosecutions

Gun-Free South Africa

The Confederation of Hunters Associations of South Africa

The Professional Hunters Association of South Africa

Khuseleka

South African Arms and Ammunition Collectors Association

The Gun Owners’ Association of South Africa

4. FINANCIAL IMPLICATIONS FOR STATE

Prelimary costing has been done in order to implement the Bill.An amount of R217 million has been provided for in the Medium TermExpenditure Framework for implementation, as follows: 2000/01 — R57000 000, 2001/02 — R82 000 000 and 2002/03 — R78 000 000.

5. PARLIAMENTARY PROCEDURE

The State Law Advisers and the Department of Safety and Securityare of the opinion that this Bill must be dealt with in accordance withthe procedure established by section 75 of the Constitution since itcontains no provision to which the procedure set out in section 74 or76 of the Constitution applies.

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