Firearm legislation in South Africa

In South Africa, the Firearms Control Act 60 of 2000 regulates the ownership of firearms by civilians. Ownership of a firearm is conditional on a competency test and several other factors, including background checking of the applicant, inspection of an owner's premises, and licensing of the weapon by the police introduced in July 2004. The process is currently undergoing review,[1] as the police are at present, not able to adequately or within reasonable time, process either competency certification, new licences or renewal of existing licences. Minimum waiting period used to exceed 2 years from date of application.[2] The Central Firearms Registry implemented a turnaround strategy that has significantly improved the processing period of new licences. The maximum time allowed to process a licence application is now 90 days.[3][4]

Current law

In South Africa, all citizens are required to get a licence to own firearms.[5]

Licence types

Licence to possess firearm for self-defence

This licence under chapter 6 section 13, allows the holder to possess any:

The Registrar may issue a licence under this section to any natural person who—

Licence to possess restricted firearm for self-defense

This licence under chapter 6 section 14, allows the holder to possess any:

The Registrar may issue a licence in terms of this section to any:

Licence to possess firearm for occasional hunting and sports-shooting

This licence under chapter 6 section 15, allows the holder to possess any:

The Registrar may issue a licence in terms of this section to any:

Licence to possess firearm for dedicated hunting and dedicated sports-shooting

This licence under chapter 6 section 16, allows the holder to possess any:

The Registrar may issue a licence in terms of this section to any:

Licence to possess firearm for professional hunting

This licence under chapter 6 section 16A

Permit to possess ammunition in private collection

This permit allows the holder to possess any:

Licence to possess firearm for business purposes

This licence allows the holder to possess any:

The Registrar may issue a licence in terms of this section to:

Prohibited firearms

Prohibited firearms are:

Semi-automatic rifles and shotguns

Semi-automatic firearms are not prohibited under law. However, semi-automatic long guns are only permitted with a business licence, restricted firearms licence for self-defence, and dedicated hunting and shooting licences. There is no official magazine capacity restriction for semi-automatic rifles. However, semi-automatic shotguns have a magazine capacity restrictions for dedicated hunters and sports shooters licences which is five rounds.[5]

Handguns

Handguns of all firing actions (except fully automatic) are legal under all licences. There is no magazine capacity restriction for handguns.[5]

Carrying of firearms in public

Carrying legally owned firearms in South Africa is legal under all licence types and requires no additional permit. No person may carry a firearm in a public place unless the firearm is carried:

A firearm contemplated in subsection

Prohibited places (Gun Free Zones)

In South Africa, private guns are prohibited, by law, in government buildings according to the Firearm Control Act of 2000. According to the FCA, section 140, firearm-free zones can be applied for and must be granted FFZ status by the minister. To date, there have been no firearm-free zone declared by the minister, except for all government buildings.[6]

Legal framework

The Firearm Control Act 60 of 2000 & Regulations, together with amendments and regulations forms the legal framework for gun ownership in South Africa. All current firearms owners, approximately 2.6 to 3 million according to the SA Central Firearm Registry (which is less than 6% of the population), are required by the Act to re-register their firearms. Its constitutionality is currently being challenged in two high-profile cases.

The South African Hunters Association has successfully challenged the transitional provisions to the implementation of the act, meaning that the full implementation of the Act has been placed on hold for several years now. The government has failed to challenge the interim ruling of North Gauteng High Court Judge Bill Prinsloo. The South African Gunowners Association (SAGA) have applied to have Bill Prinsloo's interim judgement confirmed and made permanently binding. Other parties including Gunowners SA have raised constitutional challenges to aspects of the FCA in particular the government's non-compliance with compensation aspects of the law. The argument is that if a citizen is deprived of property, e.g. the surrender of a firearm, due to compliance with the act, the government must compensate the citizen for lost property, as is provided for in the act.

Criticism and legal challenges

The Black Gun Owners Association of South Africa is challenging the loss of revenue and employment, and is seeking compensation for the loss of income. Furthermore, it is challenging the political motivations of the act as Abios Khoele, chairperson of the Black Gun Owners Association,[7] told a press briefing in Johannesburg: "This government is hell-bent on disarming black people because they've made so many service delivery promises to them which they have not fulfilled. They are scared that if blacks are armed they will turn on the government."[8][9]

In July 2010, the Black Gun-Owners Association of South Africa (BGOASA), filed a R3.2 Billion lawsuit against the government in regards to the poor implementation of the firearms act, claiming 40,000 Black people were refused firearm licences between 2004 and 2010.[10] which is claimed to have cost 10,000 jobs in the firearms sector and closed 800 shops.[10] Licensing takes over 2 years to process before revenue can be recognised or is arbitrarily dismissed and rejected by the police. These two factors lead to many dealers not being able to maintain their businesses, in light of greatly reduced revenues.

On 30 November 2012, the Supreme Court of Appeal dismissed an order brought by a group of gun owners that would have compelled the minister of police to pay compensation for all firearms voluntarily surrendered for destruction under the Firearms Control Act 2000.[11]

References

External links

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