(As introduced)
(MINISTER FOR SAFETY AND SECURITY)
To provide for the prevention of crime involving the illegal possession and use of firearms; to prevent the proliferation of illegally possessed firearms by providing for the removal of such firearms from society and by improving controls over the possession of legal firearms; to provide for the control of the supply, possession, transfer and use of legal firearms; to replace the Arms and Ammunition Act 1969 (Act No. 75 of 1969), in order to establish a comprehensive and effective system of firearm control and management; and to provide for matters incidental thereto.
DEFINITIONS AND PURPOSE OF THE ACT
1. Definitions
2. Purpose of the Act
PROHIBITIONS
3. General prohibition in respect of firearms
4. Prohibited firearms and devices
FIREARMS AND DEVICES THAT NEED NOT BE LICENCED
5. Devices which are not firearms for the purposes of this Act
6. Requirements and restrictions in respect of antique firearms
7. Requirements and restrictions in respect of airguns
THE REGISTRAR'S POWER TO ISSUE COMPETENCY CERTIFICATES, LICENCES,
PERMITS, AUTHORISATIONS AND ACCREDITATIONS
8. Competency certificates, licences, permits or authorisations
9. Accreditations
COMPETENCY CERTIFICATES
10. Application for a competency certificate
11. Contents and form of a competency certificate
FIREARMS REQUIRED TO BE LICENCED
12. Separate licences to be issued in respect of each firearm licenced in
terms of this Chapter
13. Additional licences
14. Licences for restricted firearms used for self-defence
15. Licences for firearms used for self-defence
16. Licences for firearms used for occasional hunting and occasional
sports-shooting
17. Licences for firearms used for dedicated hunting
18. Licences for firearms used for dedicated sports-shooting
19. Licences for firearms in private collections
20. Licences for firearms in public collections
21. Licences for firearms used for business purposes
22. Handling of firearms by security officers or by other persons for business
use
23. Temporary authorisation to possess a firearm
24. Identification marks on firearms
25. Renewal of firearms licences
26. Notification of change of address
27. Notification of change of circumstances
28. Period of validity of firearms licence
Table of Firearms Licences 25
29. Termination of firearms licence
30. Defaced, lost or stolen licences
31. Central firearms database
LICENCES ISSUED TO PARTICULAR CATEGORIES OF PERSONS:
DEALERS, MANUFACTURERS AND GUNSMITHS
PART 1 - DEALERS
32. Prohibition of unlicenced dealing in firearms or ammunition
33. Requirements for a dealer's licence
34. The dealer's licence
35. Conditions imposed on a licenced dealer
36. Renewal of dealer's licences
37. Temporary authorisation to deal in firearms and ammunition on premises other
than those specified in the dealer's licence
38. Change of licenced premises
39. Notification of change of circumstances
40. Duties of a licenced dealer
41. Establishment of centralised dealers' database
42. Suspension of dealer's licence
43. Termination of dealer's licence
44. Dealer's licences in respect of partnerships and juristic persons
45. Application of other laws
46. Defaced, lost or stolen licences
PART 2 - MANUFACTURERS
47. Prohibition of unlicenced manufacture of firearms and ammunition
48. Loading or reloading of ammunition
49. Requirements for a manufacturer's licence
50. The manufacturer's licence
51. Conditions imposed on a licenced manufacturer
52. Renewal of manufacturer's licences
53. Temporary authorisation to display firearms and ammunition on premises other
than those specified in the manufacturer's licence
54. Change of licenced premises
55. Notification of change of circumstances
56. Duties of a licenced manufacturer
57. Establishment of centralised manufacturers' database
58. Suspension of manufacturer's licence
59. Termination of manufacturer's licence
60. Manufacturer's licence in respect of partnerships and juristic persons
61. Application of other laws
62. Defaced, lost or stolen licences
PART 3 - GUNSMITHS
63. Prohibition of unlicenced work by gunsmiths
64. Requirements for a gunsmiths licence
65. The gunsmith's licence
66. Conditions imposed on a licenced gunsmith
67. Renewal of gunsmith's licences
68. Temporary authorisation to conduct business as a gunsmith on premises other
than those specified in the gunsmith's licence 69. Change of licenced premises
70. Notification of change of circumstances
71. Duties of a licenced gunsmith
72. Establishment of centralised gunsmiths' database
73. Suspension of a gunsmith's licence
74. Termination of gunsmith's licence
75. Gunsmith's licences in respect of partnerships and juristic persons
76. Application of other laws
77. Defaced, lost or stolen licences
IMPORT AND EXPORT OF FIREARMS AND AMMUNITION
78. Prohibition of import or export of firearms and ammunition without permit
79. Requirements for an import, export or transit permit
80. The import, export or transit permit
81. Conditions imposed on a permit holder
82. A permit shall constitute a licence to possess
83. Duties of a permit holder
84. Establishment of central importers' and exporters' database
85. Suspension of import, export and transit permits
86. Termination of import, export and transit permits
87. Import, export and transit permit in respect of partnerships and juristic
persons
88. Defaced, lost or stolen permits
STORAGE, TRANSPORT AND CARRYING OF FIREARMS AND AMMUNITION
89. Storage and transport of firearms and ammunition
90. Carrying of firearms in a public place
91. Firearm transporter's permit
92. Conditions imposed on transporters of firearms
93. Duties of a permit holder
94. Cancellation of firearms transporter's permit
95. Records to be kept
CONTROL OF AMMUNITION AND FIREARM PARTS
96. Prohibition of possession of ammunition
97. Restrictions on possession of ammunition
98. Prohibitions and restrictions on use of certain ammunition
99. Prohibition of possession of firearm parts
EXEMPTIONS
100. Definitions
101. Exemptions
102. Further conditions applicable to certain Official Institutions
103. Possession and use of firearms by Official Institutions
104. Register to be kept by Official Institution
105. Establishment of central Official Institutions database
106. Official Institutions workstations
DECLARATION OF UNFITNESS TO POSSESS A FIREARM
107. Declaration by Registrar of unfitness to possess a firearm
108. Declaration of unfitness by court upon conviction to possess firearm
109. Effect of declaration of unfitness to possess a firearm
110. Proof of declaration of unfitness
INSPECTIONS
111. Production of licences and firearms for inspection
112. Request for information
113. Duty to comply with request of police official or authorised person
114. Inspection of premises
SEARCH AND SEIZURE
115. Applicability of Chapter 2 of the Criminal Procedure Act, 1977
116. Applicability of sections 20, 30 and 31 of the Criminal Procedure Act, 1977
117. Search and seizure in the course of policing operations in terms of the
South African Police Service Act, 1995
118. Exercise of powers set out in section 37 of the Criminal Procedure Act,
1977
119. Body-prints and genetic samples
120. Ballistic testing
121. Inspection, search and seizure for Inquiry or Investigation (with special
warrant)
122. Incidental discovery
PRESUMPTIONS
123. Presumption of possession of firearm or ammunition
124. Presumption relating to failure to report
125. Presumption of failure to take reasonable steps
OFFENCES AND PENALTIES
126. Criminal offences and administrative transgressions
127. Criminal sentences
128. Refund of administrative fine if criminal sentence is imposed
129. Administrative sanctions imposed by the Registrar
130. Additional offences and obligations
ORGANISATIONAL STRUCTURES
131. Appointment of the Registrar
132. Functions of the Registrar
133. The Central Firearms Register
134. Certificate signed by Registrar to constitute prima facie proof
135. Appointment, powers and functions of the Head of the Office of the Central
Firearms Register
136. Establishment and functions of Appeal Board
137. Composition of Appeal Board
138. Conditions of service, remuneration and allowances of members of Appeal
Board
139. Quorum, meetings and procedure of Appeal Board
140. Administrative work of Appeal Board
141. Establishment of Ministerial Committees
RIGHT OF APPEAL
142. Right of appeal against decisions
COMPENSATION
143. Circumstances where compensation is not payable in respect of firearms
and ammunition forfeited to the State
144. Circumstances where compensation is not payable in respect of firearms and
ammunition seized by the State
145. Compensation is not payable where firearms or ammunition are destroyed by
the State
146. Applications for compensation
SPECIAL POWERS RELATING TO AMNESTIES,
FIREARM FREE ZONES AND EMERGENCIES
147. Definition
148. Amnesty
149. Firearm free zones
150. Emergency provisions
GENERAL PROVISIONS
151. Use of firearms
152. Retrospectivity of this Act
153. Delegation of powers and functions
154. Designation as police officials
155. Service of documents
156. Return of service
157. Regulations
158. Disposal of firearms in case of ceasing to carry on business
159. Disposal of firearms in case of death
160. Inherited firearms
161. Compulsory destruction of firearms by the State
162. Deactivation of firearms
163. Jurisdiction of magistrate's court
164. Amendment and repeal of laws
165. Act to bind State
166. Short title and commencement
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 kept by Commissioner in terms of previous Act
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
OFFENCES GIVING RISE TO UNFITNESS ENQUIRY BY COURT
TABLE OF OFFENCES AND ADMINISTRATIVE TRANSGRESSIONS
WHEREAS every person has the right to life and to security of the person, including the right to be free from all forms of violence;
AND WHEREAS the adequate protection of such rights is fundamental to the well-being and to the social and economic development of every person;
AND WHEREAS the increased availability and abuse of firearms and ammunition have contributed significantly to the high levels of violent crime;
AND WHEREAS the Constitution of the Republic of South Africa places a duty on the State to respect, protect, promote and fulfil the rights of individuals as enshrined in the Bill of Rights, including the right to life and security of the person;
AND WHEREAS it is deemed necessary to enact legislation -
AND WHEREAS such legislation is aimed at providing a more secure environment in South Africa in which there is greater safety and protection for everyone;
AND WHEREAS the State has the responsibility to ensure that such legislation is effectively implemented in the interest of the general public and in the interest of the security of the State;
BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:
Definitions
1.(1) In this Act, unless the context indicates otherwise -
"accredited" means accredited in terms of this Act and "accreditation" has a corresponding meaning;
"airgun" means any device manufactured to fire a bullet or any other projectile at a muzzle energy of not less than 0.7 joules (0.5 ft-lbs) and not more than 8 joules (6 ft-lbs), by means of compressed air and not by means of burning propellant;
"ammunition" means a primer or propellant or a complete cartridge;
"antique firearm" includes all firearms manufactured before 1 January 1900 that were not manufactured to discharge rim-fire or centre-fire ammunition and that have not been altered to discharge such ammunition;
"Appeal Board" means the Appeal Board established in terms of section 135;
"cartridge" means a complete object consisting of a cartridge case, primer, propellant and bullet;
"competency certificate" means a certificate contemplated in sections 10 and 11;
"dealer" means any person who trades in firearms or ammunition and "deal" has a corresponding meaning;
"dedicated hunter" means -
"dedicated sports person" means a person who actively participates in shooting sports and is a member of an accredited sports shooting organisation;
"Designated Firearms Officer" means a police official appointed as such in terms of section 132(m);
"disqualified person" means any person declared unfit to possess a firearm, in terms of sections 107 or 108;
"firearm" means -
"fully automatic" means capable of firing more than one shot with a single depression of the trigger;
"gunsmith" means any person who repairs, alters or improves firearms, but does not manufacture firearms;
"imitation firearm" means anything that has the appearance of a firearm whether or not it is capable of operating as such;
"load" includes reload and "loading" has a corresponding meaning;
"machine-gun" means any firearm capable of firing more than one shot with a single depression of the trigger;
"Minister" means the Minister for Safety and Security;
"National Commissioner" means the National Commissioner of the South African Police Service appointed in terms of section 207(1) of the Constitution;
"occasional hunter" means any person who, from time to time, participates in hunting activities;
"occasional sports person" means any person who, from time to time, participates in sports-shooting;
"person" includes a woman, a man, a juristic person and a partnership;
"police official" means -
"prescribed" means prescribed by regulations made in terms of this Act;
"previous Act" means the Arms and Ammunition Act, 1969;
"private collector" means a person who collects firearms, who is a member of an accredited collector's association and who is not a public collector;
"public collector" means a person who collects firearms for display to the public and is accredited in terms of this Act;
"Registrar" means the Registrar of Firearms appointed in terms of section 131;
"responsible person" means a woman or a man who holds a competency certificate, licence, permit or authorisation issued in terms of this Act, on behalf of a juristic person or a partnership;
"security company" means a person who -
"security officer" means a person who is employed by a security company;
"semi-automatic" means self-loading but not capable of firing more than one shot with a single depression of the trigger;
"specially dangerous airgun" means any device manufactured to fire a bullet or any other projectile by means of compressed air and not by means of burning propellant, with -
"this Act" includes any regulation made in terms of its provisions; and
"transfer" includes selling, letting, donating, lending or otherwise parting with possession.
Purpose of the Act
2. The purpose of this Act is to -
(a) further the protection of the Constitutional right of everyone to life and bodily integrity;
(b) prevent crime involving the use of firearms;
(c) prevent the proliferation of illegally possessed firearms by providing for the removal of those firearms from society and by improving controls over legal firearms;
(d) provide for the control of the supply, possession, transfer and use of legal firearms;
(e) replace the previous Act, in order to establish a comprehensive and effective system of firearm control and management;
(f) enhance the capacity of the State to remove illegally possessed firearms from society, control the supply, possession, transfer, and use of firearms and to detect and punish the negligent or criminal use of firearms; and
(g) ensure the efficient monitoring and enforcement of legislation pertaining to the control of firearms.
General prohibition in respect of firearms
3. No person may possess any firearm unless he or she -
(a) holds a valid licence, permit or authorisation issued in terms of this Act in respect of that particular firearm;
(b) holds a valid dealer's licence, manufacturer's licence, gunsmith's licence, import, export or transit permit or transporters permit issued in terms of this Act; or
(c) is otherwise authorised to do so in terms of this Act.
Prohibited firearms and devices
4.(1) The following firearms and devices are hereby declared to be prohibited firearms and may not be possessed or licenced in terms of this Act -
(a) a fully automatic firearm;
(b) a gun, cannon, recoilless gun, mortar, light mortar or launcher manufactured to fire -
(i) a rocket, grenade, self-propelled grenade, bomb, explosive device or device that emits a chemical substance; or
(ii) a projectile of a calibre of 20 millimetres or higher;
(c) a 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 substance manufactured to propel or to assist in propelling any such projectile or rocket so discharged, or any grenade, bomb or similar missile, or any frame or body of any such projectile, rocket, grenade, bomb or similar missile;
(e) any explosive or incendiary device or any substantial part thereof;
(f) an imitation of any device referred to in paragraphs (a), (b), (c), (d) or (e);
(g) a firearm in respect of which -
(i) the mechanism of the original firearm, including the action or safety mechanism, has been altered for the firing of more than one shot with a single depression of the trigger;
(ii) the calibre of the original firearm has been altered without the written permission of the Registrar;
(iii) the barrel length of the original firearm has been altered without the written permission of the Registrar;
(iv) the serial number or identifying marks on the firearm have been changed or removed without the written permission of the Registrar.
(2) (a) The Minister may, by notice in the Gazette, declare any other firearm of a specified type to be a prohibited firearm if -
(i) he or she considers it in the interest of public safety; or
(ii) he or she considers it desirable for the maintenance of law and order.
(b) A notice contemplated in paragraph (a) must, at least 14 days before publication thereof in the Gazette, be submitted for tabling in both Houses of Parliament, by handing it to the Speaker of the National Assembly and the Chairperson of the National Council of Provinces.
Devices which are not firearms for the purposes of this Act
5.(1) The following devices are for the purposes of this Act not firearms -
(a) an explosive powered tool, manufactured for use by the construction and building industry and includes line throwing guns and impex type building pistols;
(b) an explosive powered tool manufactured to be used to split rock or concrete by means of firing an explosive cartridge;
(c) an industrial tool manufactured to be used by the mining and steel industry to remove refractory material;
(d) a captive bolt gun manufactured for use in an abattoir in the humane killing of animals;
(e) an antique firearm;
(f) an airgun, other than a specially dangerous airgun; and
(g) any other device which the Minister may, by notice in the Gazette, declare not to be a firearm for the purposes of this Act.
(2) A notice contemplated in subsection (1)(g) must, at least 14 days before publication thereof in the Gazette, be submitted for tabling in both Houses of Parliament, by handing it to the Speaker of the National Assembly and the Chairperson of the National Council of Provinces.
Requirements and restrictions in respect of antique firearms
6. (1) A licenced dealer must keep a register of antique firearms.
(2) In that register the dealer must record particulars relating to the dealer's acquisition, possession and disposal of antique firearms in accordance with such regulations as may be prescribed.
(3) An antique firearm may only be displayed or stored in -
(a) an accredited museum;
(b) the residence or building of the person or institution in lawful possession of that antique firearm; or
(c) a building approved by the Registrar and in compliance with such conditions as the Registrar may specify.
(4) An antique firearm may only be discharged on an accredited shooting range or on such other premises as the Registrar may approve.
(5) A person may dispose of an antique firearm only through a licenced dealer.
Requirements and restrictions in respect of airguns
7.(1) A licenced dealer must keep an airgun register.
(2) In that register the dealer must record particulars relating to the dealer's acquisition, possession and disposal of airguns in accordance with such regulations as may be prescribed.
(3) A person may dispose of an airgun only through a licenced dealer.
(4) A person who is not a dealer may dispose of an airgun only through a licenced dealer.
Competency certificates, licences, permits and authorisations
8.(1) The Registrar may issue competency certificates, licences, permits and authorisations -
(a) in accordance with the provisions of this Act;
(b) on receipt of an application completed in the prescribed form, including a full set of fingerprints of the applicant if required by the Registrar; and
(c) if he or she is satisfied that the applicant complies with all the applicable requirements of this Act.
(2) A licence may not be issued to a person who is not in possession of the appropriate competency certificate.
(3) Every application for a competency certificate, licence, permit or authorisation must be accompanied by such information as may be prescribed.
Accreditations
9. The Registrar may, in accordance with such regulations as may be prescribed, issue and cancel accreditations in terms of this Act.
Application for a competency certificate
10.(1) A person may, on application, completed in the prescribed form, apply to the Registrar for a competency certificate to possess a firearm, deal in firearms, manufacture firearms or to conduct business as a gunsmith.
(2) The application must be delivered to the Designated Firearms Officer responsible for the area in which the applicant resides.
(3) A competency certificate may only be issued to a woman or a man who -
(a) is 18 years or older on the day the application is received by the Designated Firearms Officer;
(b) is a South African citizen or a holder of a permanent South African residence permit;
(c) is a fit and proper person to possess a firearm, deal in firearms, manufacture firearms or to conduct business as a gunsmith;
(d) is of stable mental condition and is not inclined to violence;
(e) is not dependent on any substance which has an intoxicating or narcotic effect;
(f) has not been convicted of an offence in terms of this Act or the previous Act;
(g) has not been convicted, whether in or outside South Africa, of an offence involving the use of a firearm, whether committed in or outside South Africa;
(h) has not been convicted, whether in or outside South Africa, of an offence involving violence, whether committed in or outside South Africa;
(i) has not been convicted of fraud in relation to, or supplying false information for the purposes of, obtaining a competency certificate, licence, permit or authorisation in terms of this Act or the previous Act;
(j) has not been convicted, whether in or outside South Africa, of an offence involving the abuse of alcohol or drugs, whether committed in or outside South Africa;
(k) has not been convicted, whether in or outside South Africa, of an offence involving dealing in drugs, whether committed in or outside South Africa;
(l) has not been convicted of an offence in terms of the Domestic Violence Act, 1998;
(m) has not, in a matter involving a reasonable apprehension of violent behaviour by that person, been the subject of a final protection order issued in terms of the Domestic Violence Act, 1998 or a similar restraining order issued in terms of any other legislation, in or outside South Africa;
(n) has successfully completed the prescribed test on knowledge of this Act;
(o) has successfully completed the prescribed training and practical tests regarding the safe handling of a firearm;
(p) has, if applicable, successfully completed the prescribed training and practical tests for firearms dealers, manufacturers, gunsmiths, security officers or other persons who use firearms in the course of their business;
(q) complies with the relevant requirements of this Act; and
(r) has not been declared unfit to possess a firearm in terms of this Act or the previous Act.
(4) Any offence referred to in subsection (3) means an offence -
(a) in respect of which the accused person was sentenced to more than six months imprisonment without the option of a fine;
(b) in respect of which an appeal against the conviction or sentence has been finalised or the time for an appeal has elapsed; and
(c) in respect of which sentence has not been completed more than five years before the application for a competency certificate was received by the Designated Firearms Officer.
(5) The disqualification contemplated in subsection (3)(r) ends upon the expiry of the period for which the declaration is valid.
(6) Notwithstanding the provisions of subsection (3)(a), the Registrar may, on receipt of the prescribed information, allow a person under the age of 18 years to apply for a competency certificate if he or she is satisfied that the applicant is a dedicated hunter or a dedicated sports person.
Contents and form of a competency certificate
11.(1) A competency certificate must specify -
(a) whether it relates to competency -
(i) to possess a firearm;
(ii) to deal in firearms;
(iii) to manufacture firearms; or
(iv) to conduct business as a gunsmith; and
(b) all the relevant tests successfully completed by the holder.
(2) A competency certificate shall be valid for a period of two years from its date of issue.
(3) A competency certificate may, in the discretion of the Registrar, be issued in a separate document or be incorporated in a licence, permit or authorisation issued in terms of this Act.
Separate licences to be issued in respect of each firearm licenced in terms of this Chapter
12.(1) The Registrar must issue a separate licence in respect of each firearm licenced to a person in terms of this Chapter.
(2) Notwithstanding the provisions of subsection (1), the Registrar may issue a single document which constitutes more than one licence of a specific person in respect of firearms for business use.
Additional licences
13.(1) The Registrar may issue one additional licence in respect of the same firearm to a person who resides on the same premises as the primary licence holder.
(2) The additional licence holder must comply with all the requirements for the issue of a firearms licence.
Licences for restricted firearms used for self-defence
14.(1) A restricted firearm is -
(a) a semi-automatic rifle, carbine or shotgun, provided that it cannot readily be converted into a fully automatic firearm; or
(b) any firearm declared by the Minister, by notice in the Gazette, to be a restricted firearm.
(2) A notice contemplated in subsection (1)(b) must, at least 14 days before publication thereof in the Gazette, be submitted for tabling in both Houses of Parliament, by handing it to the Speaker of the National Assembly and the Chairperson of the National Council of Provinces.
(3) No licence may be issued in respect of a restricted firearm, unless it is explicitly authorised in terms of a provision of this Act.
(4) The Registrar may only issue a restricted firearms licence to a woman or a man who submits reasonable information to show that a self-defence firearm will not provide sufficient protection, and -
(a) whose life or property is in grave danger; or
(b) who submits reasonable information to motivate the need for a restricted firearm for self-defence purposes.
(5) A person may hold not more than one restricted firearms licence.
(6) A firearm licenced in terms of this section may only be used for purposes related to self-defence.
Licences for firearms used for self-defence
15.(1) A firearm classified for self-defence is -
(a) a shotgun which is neither fully automatic, nor semi-automatic; or
(b) a handgun which is not fully automatic.
(2) The Registrar may issue a self-defence firearms licence to a woman or a man.
(3) Subject to section 14, the Registrar may only issue a self-defence firearms licence to a person who satisfies the Registrar that he or she -
(a) needs a firearm for self-defence; and
(b) cannot reasonably satisfy that need by means other than the possession of a firearm.
(4) A person may hold not more than one self-defence firearms licence.
(5) A firearm licenced in terms of this section may only be used -
(a) for purposes related to self-defence;
(b) for sporting purposes on premises of an accredited shooting range and in accordance with the rules of that shooting range; and
(c) in accordance with such regulations as may be prescribed.
Licences for firearms used for occasional hunting and occasional sports-shooting
16. (1) A firearm classified for occasional hunting and occasional sports-shooting is -
(a) a rifle or shotgun which is neither fully automatic, nor semi-automatic;
(b) a handgun which is not fully automatic;
(c) a barrel or frame of any of the above; or
(d) a specially dangerous airgun,
which is not prohibited by any other legislation or regulation governing hunting in South Africa and which is not a restricted firearm.
(2) The Registrar may issue a licence in respect of a firearm used for occasional hunting or sports-shooting to a woman or a man.
(3) The Registrar may issue a licence in terms of this section only to a person who satisfies the Registrar that he or she requires the firearm for the purpose of hunting or sports-shooting.
(4) The Registrar may issue a further licence or licences in terms of this section only to a person who satisfies the Registrar that he or she requires a further firearm or firearms for the purpose of hunting or sports-shooting.
(5) (a) A person may hold not more than four firearms licences including the licences issued to him or her -
(i) in terms of this section for occasional hunting and occasional sports-shooting; and
(ii) in terms of section 15 for purposes related to self-defence.
(b) A person may hold not more than one firearms licence in respect of a handgun for occasional hunting or occasional sports-shooting.
(6) A firearm licenced in terms of this section may only be used -
(a) for hunting and sporting purposes;
(b) on premises -
(i) suitable for hunting; or
(ii) of an accredited shooting range and in accordance with the rules of that shooting range; and
(c) in accordance with such regulations as may be prescribed.
Licences for firearms used for dedicated hunting
17.(1) A firearm classified for dedicated hunting is -
(a) a handgun approved for hunting activities by an accredited hunting association and which is neither fully automatic nor semi-automatic;
(b) a rifle or shotgun which is neither fully automatic nor semi-automatic;
(c) a semi-automatic shotgun manufactured to fire not more than three shots in rapid succession;
(d) a barrel or frame of any of the above;
(e) a tranquilliser firearm; or
(f) a specially dangerous airgun,
which is not prohibited by any other legislation or regulation governing hunting in South Africa and which is not a restricted firearm.
(2) The Registrar may issue a licence in respect of a firearm used for hunting by a dedicated hunter who is a woman or a man.
(3) A licence may only be issued in terms of this section -
(a) (i) to a person who satisfies the Registrar that he or she is a dedicated hunter; and
(ii) if the application is accompanied by an affidavit from the chairperson of an accredited hunting association stating that the applicant is a registered member of that association; or
(b) (i) to an employee of a recognised wildlife conservation or parks administration authority; and
(ii) if the application is accompanied by an affidavit from the head of such authority that the applicant is an employee of that authority and that the applicant needs the relevant firearm for hunting purposes.
(4) The Registrar may issue a further licence in terms of this section only to a person who satisfies the Registrar that he or she requires a further firearm for hunting purposes and if the application is supported by an affidavit -
(a) of the chairperson of the accredited hunting association of which the applicant is a member; or
(b) of the head of the recognised wildlife conservation or parks administration authority by which the applicant is employed.
(5) The Registrar may not issue a licence in terms of this section in respect of a prohibited firearm, notwithstanding that such a firearm may have been approved for hunting by an accredited hunting association.
(6) A firearm licenced in terms of this section may only be used -
(a) for hunting and sporting purposes;
(b) on premises -
(i) suitable for hunting and in accordance with the rules of the accredited hunting association of which the licence holder is a member, or of the recognised wildlife conservation or parks administration authority by which the applicant is employed; or
(ii) of an accredited shooting range and in accordance with the rules of that shooting range; and
(c) in accordance with such regulations as may be prescribed.
(7) An 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 such information as may be prescribed.
Licences for firearms used for dedicated sports-shooting
18.(1) A firearm classified for dedicated sports-shooting is -
(a) a handgun which is not fully automatic;
(b) a rifle or shotgun which is neither fully automatic nor semi-automatic;
(c) a semi-automatic shotgun manufactured to fire not more than three shots in rapid succession;
(d) a barrel or frame any of the above; or
(e) a specially dangerous airgun.
(2) The Registrar may issue a licence in respect of a firearm used for sports-shooting by a dedicated sports person who is a woman or a man.
(3) A licence may only be issued in terms of this section -
(a) to a person who satisfies the Registrar that he or she is a dedicated sports person; and
(b) if the application is accompanied by an affidavit from the chairperson of an accredited sports-shooting club, stating that the applicant is a registered member of that club.
(4) The Registrar may issue a further licence in terms of this section only -
(a) to a person who satisfies the Registrar that he or she requires a further firearm for sports-shooting; and
(b) if the application is supported by an affidavit of the chairperson of the accredited sports-shooting association of which the applicant is a member.
(5) A firearm licenced in terms of this section may only be used -
(a) for hunting and sporting purposes;
(b) on premises -
(i) suitable for hunting; or
(ii) of an accredited shooting range and in accordance with the rules of that shooting range; and
(c) in accordance with such regulations as may be prescribed.
(6) An 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 such information as may be prescribed.
Licences for firearms in private collections
19. (1) A firearm classified for private collection is a firearm approved for its historic, technological, aesthetic or scientific characteristics by an accredited collectors association.
(2) Ammunition classified for private collection is ammunition approved for its historic, technological, aesthetic or scientific characteristics by an accredited collectors association.
(3) The Registrar may -
(a) issue a licence in respect of a firearm for private collection; and
(b) subject to such regulations as may be prescribed, issue a permit allowing a person to keep ammunition in a private collection.
(4) Notwithstanding the provisions of sections 4 and 14, such prohibited and restricted firearms as may be prescribed, may be licenced for private collection.
(5) A licence or permit may only be issued in terms of this section -
(a) to a person who satisfies the Registrar that he or she is a private collector;
(b) if the application is accompanied by an affidavit from the chairperson of an accredited collectors association stating that the applicant is a registered member of that association; and
(c) if the firearm or ammunition in respect of which the application is made is a firearm or ammunition approved in terms of this section.
(6) The holder of a licence or permit issued in terms of this section must keep the relevant firearm or ammunition at the place specified in the licence or permit.
(7) Firearms licenced and ammunition allowed to be kept in terms of this section may only be displayed in accordance with such safety measures as may be prescribed by regulation.
(8) A firearm licenced in terms of this section may not be used unless the Registrar authorises its use.
(9) A firearm authorised for use in terms of subsection (8) may only be used -
(a) on an accredited shooting range and in accordance with the rules of that shooting range; or
(b) in accordance with written authorisation issued by the Registrar.
(10) A person who is allowed in terms of this section to keep ammunition may not use that ammunition.
(11) A person who holds a permit issued in terms of this section may not possess more than 200 rounds of ammunition of any particular calibre.
(12) If a licence or permit is issued in terms of this section to a partnership or juristic person -
(a) that person must nominate a woman or a man to hold the licence or permit on its behalf;
(b) the person referred to in paragraph (a) must be identified on the licence or permit as the responsible person;
(c) the responsible person must hold a competency certificate before a licence or permit is issued in terms of this section; and
(d) the licence or permit must specify the name of the partnership or juristic person to whom the licence or permit is issued.
(13) A partnership or juristic person licenced in terms of this section must apply to the Registrar to replace the nominated person if -
(a) it wishes another woman or man to hold the licence on its behalf; or
(b) the nominated person dies or is otherwise unable to continue to hold the licence on its behalf.
(14) The requirements in relation to competency certificates contained in subsection (12) apply to an application referred to in subsection (13).
Licences for firearms in public collections
20.(1) The Registrar may -
(a) issue a licence in respect of a firearm for public collection; and
(b) subject to such regulations as may be prescribed, issue a permit allowing a person to keep ammunition in a public collection.
(2) Notwithstanding the provisions of sections 4 and 14, such prohibited and restricted firearms as may be prescribed, may be licenced for public collection.
(3) A licence may only be issued in terms of this section to a person who satisfies the Registrar that he or she is a public collector.
(4) The holder of a licence or permit issued in terms of this section must keep the relevant firearm or ammunition at the place specified in the licence or permit.
(5) Firearms licenced and ammunition allowed to be kept 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 by regulation.
(6) A firearm licenced in terms of this section may not be used unless the Registrar authorises its use.
(7) A firearm authorised for use in terms of subsection (6) may only be used -
(a) on an accredited shooting range and in accordance with the rules of that shooting range; or
(b) in accordance with written authorisation issued by the Registrar.
(8) A person who is allowed in terms of this section to keep ammunition may not use that ammunition.
(9) A person who holds a permit issued in terms of this section may not possess more than 200 rounds of ammunition of any particular calibre.
(10) If a licence or permit is issued in terms of this section to a partnership or juristic person -
(a) that person must nominate a woman or a man to hold the licence or permit on its behalf;
(b) the person referred to in paragraph (a) must be identified on the licence or permit as the responsible person;
(c) the responsible person must hold a competency certificate before a licence or permit is issued in terms of this section; and
(d) the licence or permit must specify the name of the partnership or juristic person to whom the licence or permit is issued.
(11) A partnership or juristic person licenced in terms of this section must apply to the Registrar to replace the nominated person if -
(a) it wishes another woman or man to hold the licence on its behalf; or
(b) the nominated person dies or is otherwise unable to continue to hold the licence on its behalf.
(12) The requirements in relation to competency certificates contained in subsection (10) apply to an application referred to in subsection (11).
Licences for firearms used for business purposes
21. (1) A firearm classified for business use is any firearm other than a prohibited firearm.
(2) The Registrar may issue a licence in respect of a firearm for business use.
(3) A licence may only be issued in terms of this section to a person who -
(a) is a security company;
(b) is accredited to provide training in the use of firearms;
(c) provides firearms for use in theatrical, film or television productions;
(d) conducts business in hunting; or
(e) is accredited to use firearms for any other business purpose determined by the Registrar.
(4) A firearms licence issued in terms of this section must specify the business use in respect of which it is issued.
(5) A firearm licenced in terms of this section may only be used for the purpose specified in the licence.
(6) The holder of a licence issued in terms of this section may provide a firearm for use by another person subject to such conditions as may be prescribed by regulation.
(7) If a licence is issued in terms of this section to a partnership or juristic person, other than a person referred to in subsections (10) and (11) -
(a) it must nominate a woman or a man to hold the licence on its behalf;
(b) the person referred to in paragraph (a) must be identified on the licence as the responsible person;
(c) the responsible person must hold a competency certificate before a licence is issued in terms of this section; and
(d) the licence must specify the name of the partnership or juristic person to whom the licence is issued.
(8) A partnership or juristic person licenced in terms of this section must apply to the Registrar to replace the nominated person if -
(a) it wishes another woman or man to hold the licence on its behalf; or
(b) the nominated person dies or is otherwise unable to continue to hold the licence on its behalf.
(9) The requirements in relation to competency certificates contained in subsection (7) apply to an application referred to in subsection (8).
(10) If a licence is issued in terms of this section to a person referred to in subsection (3)(a) which is a partnership the Registrar must -
(a) issue the licence to the partners jointly; and
(b) specify the name under which the partnership trades.
(11) If a licence is issued in terms of this section to a person referred to in subsection (3)(a) which is a juristic person the Registrar -
(a) must issue the licence to the members or directors jointly;
(b) may in addition, issue the licence to any manager in the juristic person; and
(c) must issue the licence in the name under which the juristic person trades.
(12) If a partner to whom a licence is issued jointly in terms of subsection (10) ceases to be a partner, the remaining partners must make application, completed in the prescribed form, for an endorsement of the licence to that effect.
(13) The provisions of subsection (12) apply, with the necessary changes, in respect of a member or a director who ceases to be a member or director of a juristic person to whom a licence is issued.
(14) If a partnership contemplated in subsection (10) admits a new partner, the partnership must apply for the licence to be amended to include the new partner.
(15) If a juristic person contemplated in subsection (11) appoints a new member or director, the juristic person must apply for the licence to be amended to include the new member or director.
(16) Every partner, member and director of a person referred to in subsections (10) and (11) must hold a competency certificate to possess a firearm.
Handling of firearms by security officers or by other persons for business use
22.
(1) A security company may only provide a firearm to a security officer who holds a valid competency certificate.
(2) A security officer may possess or be in control of a firearm only if he or she holds a valid competency certificate issued in terms of this Act.
(3) A security officer may only carry, store and use a firearm in accordance with such regulations as may be prescribed.
(4) Every security company must keep a register in the prescribed form of all firearms in its possession, including but not limited to particulars of firearms acquired by it and disposed of by it.
(5) Every security company which possesses firearms must store and transport the firearms in accordance with such regulations as may be prescribed.
(6) The provisions of this Act in respect of inspections which apply to firearms dealers apply, with the necessary changes, to security companies.
(7) The provisions of this section apply, with the necessary changes -
(a) to any person who holds a licence issued in terms of section 21 for a firearm used for business purposes; and
(b) to any person who uses a firearm on behalf of that licence holder.
Temporary authorisation to possess a firearm
23.(1) The Registrar may issue a temporary authorisation to possess a firearm.
(a) on receipt of an application completed in the prescribed form;
(b) for the period determined by the Registrar; and
(c) subject to such conditions as may be prescribed or as may be imposed by the Registrar.
(3) The Registrar may at any time and in accordance with such regulations as may be prescribed withdraw an authorisation issued in terms of this section.
(4) The Office of the Central Firearms Register must keep a record of prescribed information in respect of all authorisations issued in terms of this section.
(5) The Registrar must submit an annual report to the Minister containing the prescribed information in respect of all authorisations issued in terms of this section.
(6) A firearm in respect of which authorisation has been issued in terms of this section may be used only -
(a) if the Registrar by endorsement on the authorisation permits its use; and
(b) in accordance with such conditions as the Registrar may impose.
(7) A firearm in respect of which authorisation has been issued in terms of this section may be disposed of only with the written consent of the Registrar and subject to such conditions as he or she may impose.
Identification marks on firearms
24.(1) No firearms licence may be issued unless the firearm bears the manufacturer's serial number or any other number by which the firearm may be identified.
(2) The identification number referred to in subsection (1) must be stamped in the prescribed manner on the barrel and on the frame of the firearm.
(3) Notwithstanding the provisions of subsections (1) and (2), the Registrar may, on good cause shown by the applicant and subject to such conditions as he or she may impose, issue a firearms licence in respect of a firearm which does not comply with the provisions of those subsections.
(4) The Registrar may direct that any firearm in respect of which an application for a licence has been made, be marked with such additional identification number as he or she may determine.
(5) No person may erase, alter or in any other manner tamper with the manufacturer's serial number or any other identification number on a firearm.
(6) A person who is in possession of a firearm of which the manufacturer's serial number or other identification number has been erased, altered, in any other manner tampered with or has become illegible, must notify the Registrar of such a firearm.
(7) The Registrar may direct in writing that such firearm be marked with such serial number as he or she may determine.
Renewal of firearms licences
25.(1) The holder of a firearms licence who wishes to renew the licence must, at least 90 days before the date of expiry of the licence, apply to the Registrar for its renewal.
(2) The application for renewal must -
(a) be accompanied by the information prescribed by regulation; and
(b) be delivered to the Designated Firearms Officer responsible for the area in which the applicant resides.
(3) No application for renewal of a licence may be granted unless the applicant satisfies the Registrar that he or she continues to comply with the requirements for the licence in terms of this Act.
(4) Before granting an application for the renewal of a licence the Registrar must take the prescribed steps.
(5) An application for the renewal of a licence must be granted in the prescribed form.
(6) If an application for the renewal of a licence has been lodged within the period provided for in subsection (1), the licence shall not lapse unless and until the application for renewal is refused.
Notification of change of address
26.(1) A holder of a firearms licence must give written notice to the Office of the Central Firearms Register of any change in his or her physical or postal address within 30 days of such change occurring.
(2) The Registrar must acknowledge in writing receipt of the notification referred to in subsection (1).
Notification of change of circumstances
27.(1) In this section "circumstances" means any circumstances with regard to which information was required to be submitted for the grant of the firearms licence, including but not limited to -
(a) information provided to motivate the need for the firearm;
(b) whether the licence holder continues to be a member of an accredited sports association, an accredited hunting association or an accredited collectors association;
(c) whether the licence holder continues to participate in hunting or sports shooting, or in the collection of firearms;
(d) information relating to the continued business use of the firearm;
(e) whether the holder of the licence is declared insolvent, liquidated or placed under curatorship;
(f) if the licence was granted for business use, whether the holder of the licence has ceased to carry on business or transfers the business to another person;
(g) information whether the licence holder continues to meet the requirements for the issue of his or her competency certificate; and
(h) any other information relating to a change of circumstances which may be prescribed by regulation.
(2) A licence holder must submit any information relating to a change of circumstances to the Registrar within 30 days of that change occurring.
Period of validity of firearms licence
28. A firearms licence remains valid for the relevant period indicated in the table of firearms licences.
TABLE OF FIREARMS LICENCES
| Section Number | Type of Firearms Licence | Duration Period |
|
14 |
Restricted firearms licences | Two years |
|
15 |
Self-defence firearms licences | Five years |
|
16 |
Firearms licences for occasional hunting and occasional sports-shooting | Ten years |
|
17 |
Firearms licences for dedicated hunting | Ten years |
|
18 |
Firearms licences for dedicated sports-shooting | Ten years |
|
19 |
Firearms licences for private collection | Ten years |
|
20 |
Firearms licences for public collection | Ten years |
|
21 |
Firearms licences for business purposes | Two years |
Termination of firearms licence
29.(1) A firearms licence terminates -
(a) after the relevant period referred to in the Table of Firearms Licences has elapsed, unless renewed in terms of section 25;
(b) if surrendered by the licence holder to the Registrar;
(c) (i) if the licence holder or the responsible person is declared to be a disqualified person; or
(ii) in the case of a licence in respect of a firearm for business use, if a partner, member or director of that person is declared to be a disqualified person; or
(d) if cancelled in terms of this Act.
(2) The Registrar may, by written notice, cancel a firearms licence -
(a) (i) if the licence holder or the responsible person no longer qualifies to hold the licence; or
(ii) in the case of a licence in respect of a firearm for business use, if a partner, member or director of that person no longer qualifies to hold the licence; or
(b) if the Registrar is satisfied that the licence holder has contravened or has not complied with a provision of this Act or a condition specified in the licence; and, in either event,
(c) after having given the licence holder 14 days notice in writing to submit written representations why the licence should not be cancelled.
(3) (a) Within 60 days of the receipt of a written notice from the Registrar cancelling a licence issued in terms of this section the former licence holder must dispose of the relevant firearm through a licenced dealer.
(b) If the firearm is not disposed of within 60 days it shall be forfeited to the State and the former licence holder must surrender it immediately to the nearest police station.
(4) The periods referred to in subsections (2) and (3) above may be extended by the Registrar on good cause shown.
Defaced, lost or stolen licences
30.(1) If a firearms licence is lost or stolen, the licence holder must inform the Registrar within 24 hours of the discovery of the loss or theft.
(2) If a firearms licence is defaced, lost or stolen, the holder of the licence must make application, completed in the prescribed form, to the Registrar for a copy of the licence.
(3) The application referred to in subsection (2) must be made within seven days of the discovery of the defacement, loss or theft.
Central firearms database
31. The Registrar must, as soon as practicable, establish a central firearms database in accordance with such regulations as may be prescribed.
PART 1 - DEALERS
Prohibition of unlicenced dealing in firearms or ammunition
32.(1) No person may deal in any firearm or ammunition without a valid dealer's licence.
(2) A person who is not a dealer may dispose of a firearm or ammunition only through a licenced dealer or as otherwise provided for in this Act.
(3) Any person who disposes of a firearm must notify the Registrar in writing thereof.
Requirements for a dealer's licence
33.(1) A woman or a man who applies for a dealer's licence must hold a competency certificate to deal in firearms and ammunition.
(2) Any person who engages in trading on behalf of the applicant must hold a competency certificate to deal in firearms and ammunition.
(3) If the applicant is not a woman or a man, every partner, member, or director of the applicant must hold a competency certificate to deal in firearms and ammunition.
(4) An applicant for a dealer's licence must satisfy the Registrar that he or she is able, or will upon the grant of a licence be able, to keep the registers referred to in section 40(3).
The dealer's licence
34.(1) The dealer's licence must specify the premises in respect of which the licence is issued.
Conditions imposed on a licensed dealer
35.(1) The Minister may prescribe conditions which the Registrar may impose on a licenced dealer.
(2) The conditions which the Registrar imposes must be specified in the licence.
Renewal of dealer's licences
36.(1) A person who wishes to renew a dealer's licence must, at least 90 days before the date of expiry of the licence, lodge an application for its renewal with the Designated Firearms Officer.
(2) The application for renewal of a dealer's licence must be in the prescribed form.
(3) No application for renewal of a dealer's licence may be granted unless the applicant satisfies the Registrar that he or she continues to comply with the requirements for the licence in terms of this Act.
(4) An application for the renewal of a dealer's licence must be granted in the prescribed form.
(5) If an application for the renewal of a dealer's licence has been lodged within the period provided for in subsection (1), the licence shall not lapse unless and until the application for renewal is refused.
Temporary authorisation to deal in firearms and ammunition on premises other than those specified in the dealer's licence
37.(1) The Registrar may issue temporary authorisation to a licenced dealer to deal in firearms and ammunition at premises other than those specified in the dealer's licence.
(c) the conditions subject to which it is issued.
(4) The Registrar may at any time, by written notice, withdraw an authorisation issued in terms of this section. (5) The Office of the Central Firearms Register must keep a record of prescribed information in respect of all authorisations issued in terms of this section.
(6) A licenced dealer to whom a temporary authorisation has been issued must comply with the requirements of subsection (3).
Change of licenced premises
38.(1) A licenced dealer may apply to the Registrar on application, completed in the prescribed form, to change the premises specified in the licence.
(2) On receipt of the application referred to in subsection (1), the Registrar may endorse the dealer's licence permitting the dealer to trade from the new premises on such conditions as the Registrar may consider appropriate.
Notification of change of circumstances
39.(1) In this section "circumstances" means any circumstances with regard to which information was required to be submitted for the issue of the dealer's licence, including but not limited to -
(a) whether the licenced dealer continues to meet the requirements for the issue of a dealer's licence;
(b) whether the licenced dealer continues to deal in firearms or ammunition;
(c) information relating to any change in the partners, members, or directors of the licenced dealer;
(d) whether the holder of any competency certificate in relation to a licenced dealer continues to meet the requirements for the issue of that competency certificate; and
(e) any other information relating to a change of circumstances as may be prescribed by regulation.
(2) A licence holder must submit any information relating to a change of circumstances to the Registrar within 14 days of that change occurring.
Duties of a licenced dealer
40.(1) A licenced dealer may deal in firearms or ammunition only on premises specified in the licence.
(2) A licenced dealer may not permit any person to deal in firearms or ammunition on its behalf unless that person is in possession of the appropriate competency certificate.
(3) A licenced dealer must keep, at the premises specified in the dealer's licence, registers containing such information as may be prescribed.
(4) A licenced dealer must keep his or her dealer's licence on the premises specified in the licence.
(5) A licenced dealer must, at the request of any police official, produce for inspection -
(a) any firearms or ammunition that the dealer may have in stock;
(b) his or her dealer's licence; or
(c) any register or electronic data kept by the dealer in terms of Part 1 of this Chapter.
(6) A licenced dealer must establish and maintain a workstation, which complies with such requirements as may be prescribed and which links the registers referred to in subsection(3) to the central dealer's database.
(7) The Registrar may, on application by a dealer, exempt the dealer from the duties to establish and maintain a workstation referred to in subsection (6), if the applicant shows good cause why he or she cannot comply with those duties.
(8) If the licenced dealer has been exempted from the duties referred to in subsection(6), the dealer must submit weekly returns, completed in the prescribed form, to the Office of the Central Firearms Register.
(9) A licenced dealer must comply with the conditions specified in the dealer's licence.
Establishment of centralised dealers' database
41. The Registrar must, as soon as practicable, establish a central dealers' database as prescribed by regulation.
Suspension of dealer's licence
42.(1) The Registrar may suspend a dealer's licence if the Registrar has information in a sworn statement that the dealer has not complied with -
(a) any condition specified in the licence; or
(b) any provision of this Act.
(2) A licence may be suspended in terms of this section without affording the licence holder a hearing.
(3) A suspension carried out in terms of subsection (2) may not exceed seven days.
(4) A suspension carried out after the licence holder has been afforded the opportunity to make written representations to the Registrar may endure for a period longer than seven days but not longer than 60 days.
(5) A suspension carried out in terms of this section may be extended for an additional specified period not exceeding 60 days if -
(a) the licence holder has been afforded an opportunity to make written representations to the Registrar;
(b) the Registrar has given due consideration to the representations; and
(c) the Registrar deems it necessary in order to achieve the objects of this Act.
(6) A dealer may not trade for such period as the licence is suspended.
Termination of dealer's licence
43.(1) A dealer's licence terminates -
(a) on the date determined by the Registrar for the renewal of dealers' licences in the particular calender year;
(b) if surrendered by the dealer to the Registrar;
(c) if the dealer, or a partner, member or director of the dealer is declared to be a disqualified person; or
(d) if cancelled in terms of this Act.
(2) The Registrar may, by written notice, cancel a dealer's licence if -
(a) the licence holder or any partner, member or director of the licence holder is no longer qualified to hold the licence; or
(b) the Registrar is satisfied that the licence holder has contravened or has not complied with a provision of this Act or a condition specified in the licence.
(3) Before the Registrar cancels a dealer's licence, the Registrar must give the licenced dealer 14 days notice in writing to submit written representations why the licence should not be cancelled.
(4) (a) Within 60 days of the receipt of a written notice from the Registrar cancelling a dealer's licence the former licence holder must dispose of the firearms and ammunition held in stock.
(b) If the firearms and ammunition are not disposed of within 60 days they shall be forfeited to the State and the former licence holder must surrender them immediately in accordance with the directions of the Registrar.
(5) The periods referred to in subsections (3) and (4) above may be extended by the Registrar on good cause shown.
Dealer's licences in respect of partnerships and juristic persons
44.(1) If the Registrar issues a dealer's licence to a partnership, the Registrar must -
(a) issue the licence to the partners jointly; and
(b) state the name under which the partnership trades.
(2) If a dealer's licence is issued to a juristic person, the Registrar -
(a) must issue the licence to the members or directors jointly;
(b) may in addition, issue the licence to any manager in the juristic person; and
(c) must issue the licence in the name under which the juristic person trades.
Application of other laws
45.(1) A licence issued in terms of Part 1 of this Chapter does not exempt the licence holder from the obligation to comply with the provisions of any other law.
(2) Any prohibition contained in the Explosives Act, 1956, against dealing in explosives does not apply to the dealing in ammunition in accordance with a licence or authorisation issued to a dealer in terms of this Act.
Defaced, lost or stolen licences
46.(1) If a dealer's licence is lost or stolen, the licence holder must inform the Registrar within 24 hours of the discovery of the loss or theft.
(2) If a dealer's licence is defaced, lost or stolen, the holder of the licence must make application, completed in the prescribed form, to the Registrar for a copy of the licence.
(3) The application referred to in subsection (2) must be made within seven days of the discovery of the defacement, loss or theft.
PART 2 - MANUFACTURERS
Prohibition of unlicenced manufacture of firearms and ammunition
47.(1) No person may manufacture any firearm or ammunition without a valid manufacturer's licence.
(2) A licenced manufacturer may, without a valid dealer's licence, sell firearms and ammunition only to a licenced dealer.
Loading or reloading of ammunition
48.(1) Section 48(1) does not apply to the loading of ammunition by the holder of a firearms licence for use in his or her licenced firearm.
(2) (a) A licence holder referred to in subsection (1) may not have more than 2.5 kilograms of propellant and 2 400 primers in his or her possession at any time.
(b) (i) A licence holder referred to in subsection (1) may not purchase more than 2.5 kilograms of propellant or 2 400 primers during any 12 month period.
(ii) The limitation in subparagraph (i) does not apply to dedicated hunters and dedicated sports persons licenced in terms of this Act.
(3) No person may load prohibited ammunition contemplated in section 98.
(4) No person may acquire, possess or use equipment for loading ammunition unless he or she is authorised in terms of this Act to possess a firearm or firearms.
(5) The holder of a firearms licence may only acquire, possess or use equipment for loading ammunition for the specific firearm licenced to him or her.
Requirements for a manufacturer's licence
49.(1) A woman or a man who applies for a manufacturers licence must hold a competency certificate to manufacture firearms and ammunition.
(2) If the applicant is not a woman or a man, every partner, member, or director of the applicant must hold a competency certificate to manufacture firearms and ammunition.
(3) An applicant for a manufacturer's licence must satisfy the Registrar that he is able, or will upon the grant of a licence be able, to keep the registers referred to in section 56(2).
(4) The Registrar may only issue a manufacturer's licence to -
(a) a manufacturer of firearms if the firearms are manufactured in a factory registered in terms of the Occupational Health and Safety Act, 1993; or
(b) a manufacturer of ammunition if the ammunition is manufactured in a factory licensed in terms of the Explosives Act, 1956.
The manufacturer's licence
50.(1) The manufacturer's licence must specify the premises in respect of which the licence is issued.
Conditions imposed on a licenced manufacturer
51.(1) The Minister may prescribe conditions which the Registrar may impose on a licenced manufacturer.
(2) The conditions which the Registrar imposes must be specified in the licence.
Renewal of manufacturer's licences
52.(1) A person who wishes to renew a manufacturer's licence must, at least 90 days before the date of expiry of the licence, lodge an application for its renewal with the Designated Firearms Officer.
Temporary authorisation to display firearms and ammunition on premises other than those specified in the manufacturer's licence
53.(1) The Registrar may issue temporary authorisation to a licenced manufacturer to display firearms and ammunition at premises other than those specified in the manufacturer's licence.
(c) the conditions subject to which it is issued.
(4) The Registrar may at any time, by written notice, withdraw an authorisation issued in terms of this section.
(5) The Office of the Central Firearms Register must keep a record of prescribed information in respect of all authorisations issued in terms of this section.
(6) A licenced manufacturer to whom a temporary authorisation has been issued must comply with the requirements of subsection (3).
Change of licenced premises
54.(1) A licenced manufacturer may apply to the Registrar on application, completed in the prescribed form, to change the premises specified in the licence.
(2) On receipt of the application referred to in subsection (1), the Registrar may endorse the manufacturer's licence permitting the manufacturer to trade from the new premises on such conditions as the Registrar may consider appropriate.
(3) The provisions of section 49 of this Act relating to the requirements of the Occupational Health and Safety Act, 1993 and the Explosives Act, 1956, apply with the necessary changes to an application in terms of this section.
Notification of change of circumstances
55.(1) In this section "circumstances" means any circumstances with regard to which information was required to be submitted for the issue of the manufacturer's licence, including but not limited to -
(a) whether the licenced manufacturer continues to meet the requirements for the issue of a manufacturer's licence;
(b) whether the licenced manufacturer continues to manufacture firearms or ammunition;
(c) information relating to any change in the partners, members, or directors of the licenced manufacturer;
(d) whether the holder of any competency certificate in relation to a licenced manufacturer continues to meet the requirements for the issue of that competency certificate; and
(e) any other information relating to a change of circumstances as may be prescribed by regulation.
(2) A licence holder must submit any information relating to a change of circumstances to the Registrar within 14 days of that change occurring.
Duties of a licenced manufacturer
56.(1) A licenced manufacturer may manufacture firearms or ammunition only on premises specified in the licence.
(2) A licensed manufacturer must keep, at the premises specified in the manufacturer's licence, registers containing such information as may be prescribed.
(3) A licenced manufacturer must keep his or her manufacturer's licence on the premises specified in the licence.
(4) A licenced manufacturer must, at the request of any police official, produce for inspection -
(a) any firearms or ammunition that the manufacturer may have in stock;
(b) his or her manufacturers' licence; and
(c) any register or electronic data kept by the manufacturer in terms of Part 2 of this Chapter.
(5) A licenced manufacturer must establish and maintain a workstation which complies with such requirements as may be prescribed and which links the registers referred to in subsection (2) to the central manufacturers' database.
(6) A licenced manufacturer must comply with the conditions specified in the manufacturer's licence.
Establishment of centralised manufacturers' database
57. The Registrar must, as soon as practicable, establish a central manufacturers' database as prescribed by regulation.
Suspension of manufacturer's licence
58.(1) The Registrar may suspend a manufacturer's licence if the Registrar has information in a sworn statement that the manufacturer has not complied with -
(a) any condition specified in the licence; or
(b) any provision of this Act.
(2) A licence may be suspended in terms of this section without affording the licence holder a hearing.
(3) A suspension carried out in terms of subsection (2) may not exceed seven days.
(4) A suspension carried out after the licence holder has been afforded the opportunity to make written representations to the Registrar may endure for a period longer than seven days but not longer than 60 days.
(5) A suspension carried out in terms of this section may be extended for an additional specified period not exceeding 60 days if -
(a) the licence holder has been afforded an opportunity to make written representations to the Registrar;
(b) the Registrar has given due consideration to the representations; and
(c) the Registrar deems it necessary in order to achieve the objects of this Act.
(6) A manufacturer may not trade for such period as the licence is suspended.
Termination of manufacturer's licence
59.(1) A manufacturer's licence terminates -
(a) on the date determined by the Registrar for the renewal of manufacturers' licences in the particular calender year;
(b) if surrendered by the manufacturer to the Registrar;
(c) if the manufacturer, or a partner, member or director of the manufacture is declared to be a disqualified person; or
(d) if cancelled in terms of this Act.
(2) The Registrar may, by written notice, cancel a manufacturer's licence if -
(a) the licence holder or any partner, member or director of the licence holder is no longer qualified to hold the licence; or
(b) the Registrar is satisfied that the licence holder has contravened or not complied with a provision of this Act or a condition specified in the licence.
(b) If the firearms and ammunition are not disposed of within 60 days they shall be forfeited to the State and the former licence holder must surrender them immediately in accordance with the directions of the Registrar.
Manufacturer's licence in respect of partnerships and juristic persons
60.(1) If the Registrar issues a manufacturer's licence to a partnership, the Registrar must -
(a) issue the licence to the partners jointly; and
(b) state the name under which the partnership trades.
(2) If a manufacturer's licence is issued to a juristic person, the Registrar -
(a) must issue the licence to the members or directors jointly;
(b) may in addition, issue the licence to any manager in the juristic person; and
(c) must issue the licence in the name under which the juristic person trades.
Application of other laws
61.(1) A licence issued in terms of Part 2 of this Chapter does not exempt the licence holder from the obligation to comply with the provisions of any other law.
(2) A prohibition contained in the Explosives Act, 1956 against manufacturing explosives does not apply to the manufacture of ammunition in accordance with a licence or authorisation issued to a manufacturer in terms of this Act.
Defaced, lost or stolen licences
62.(1) If a manufacturer's licence is lost or stolen, the licence holder must inform the Registrar within 24 hours of the discovery of the loss or theft.
(2) If a manufacturer's licence is defaced, lost or stolen, the holder of the licence must make application, completed in the prescribed form, to the Registrar for a copy of the licence.
(3) The application referred to in subsection (2) must be made within seven days of the discovery of the defacement, loss or theft.
PART 3 - GUNSMITHS
Prohibition of unlicenced work by gunsmiths
63. No person may, without a valid gunsmith's licence, perform -
(a) any work contemplated in section 4(1)(g); or
(b) any other work that may be prescribed;
Requirements for a gunsmith's licence 64.(1) A woman or a man who applies for a gunsmith's licence must hold a competency certificate to conduct business as a gunsmith.
(2) If the applicant is not a woman or a man, every partner, member, or director of the applicant must hold a competency certificate to conduct business as a gunsmith.
(3) An applicant for a gunsmith's licence must satisfy the Registrar that he is able, or will upon the grant of a licence be able, to keep the registers referred to in section 71(4).
The gunsmith's licence
65.(1) The gunsmith's licence must specify the premises in respect of which the licence is issued.
Conditions imposed on a licenced gunsmith
66.(1) The Minister may prescribe conditions which the Registrar may impose on a licenced gunsmith.(2) The conditions which the Registrar imposes must be specified in the licence.
Renewal of gunsmith's licences
67.(1) A person who wishes to renew a gunsmith's licence must, at least 90 days before the date of expiry of the licence, lodge an application for its renewal with the Designated Firearms Officer.
Temporary authorisation to conduct business as a gunsmith on premises other than those specified in the gunsmith's licence
68.(1) The Registrar may issue temporary authorisation to a licenced gunsmith to conduct business as a gunsmith at premises other than those specified in the gunsmith's licence.
(c) the conditions subject to which it is issued.
(4) The Registrar may at any time, by written notice, withdraw an authorisation issued in terms of this section. (5) The Office of the Central Firearms Register must keep a record of prescribed information in respect of all authorisations issued in terms of this section.
(6) A licenced gunsmith to whom a temporary authorisation has been issued must comply with the requirements of subsection (3).
Change of licenced premises
69.(1) A licenced gunsmith may apply to the Registrar on application, completed in the prescribed form, to change the premises specified in the licence.
(2) On receipt of the application referred to in subsection (1), the Registrar may endorse the gunsmith's licence permitting the gunsmith to trade from the new premises on such conditions as the Registrar may consider appropriate.
Notification of change of circumstances
70.(1) In this section "circumstances" means any circumstances with regard to which information was required to be submitted for the issue of the gunsmith's licence, including but not limited to -
(a) whether the licenced gunsmith continues to meet the requirements for the issue of a gunsmith's licence;
(b) whether the licenced gunsmith continues to conduct business as a gunsmith;
(c) information relating to any change in the partners, members, or directors of the licenced gunsmith;
(d) whether the holder of any competency certificate in relation to a licenced gunsmith continues to meet the requirements for the issue of that competency certificate; and
(e) any other information relating to a change of circumstances as may be prescribed by regulation.
Duties of a licenced gunsmith
71.(1) A licenced gunsmith may conduct business as a gunsmith only on premises specified in the gunsmith's licence.
(2) A licenced gunsmith must keep, at the premises specified in the gunsmith's licence, registers containing such information as may be prescribed.
(3) A licenced gunsmith must keep his or her gunsmith's licence on the premises specified in the licence.
(4) A licenced gunsmith must, at the request of any police official, produce for inspection -
(a) any firearms or ammunition that the gunsmith may have in his or her possession;
(b) his or her gunsmith's licence; and
(c) any register or electronic data kept by the gunsmith in terms of Part 3 of this Chapter.
(5) A licenced gunsmith must establish and maintain a workstation which complies with such requirements as may be prescribed and which links the registers referred to in subsection (2) to the central gunsmiths' database.
(6) The Registrar may, on application by a gunsmith, exempt the gunsmith from the duties to establish and maintain a workstation referred to in subsection (5), if the applicant shows good cause why he or she cannot comply with those duties.
(7) If the licenced gunsmith has been exempted from the duties referred to in subsection(5), the gunsmith must submit weekly returns, completed in the prescribed form, to the Office of the Central Firearms Register.
(8) A licenced gunsmith must comply with the conditions specified in the gunsmiths's licence.
Establishment of centralised gunsmiths' database
72. The Registrar must, as soon as practicable, establish a central gunsmiths' database as prescribed by regulation.
Suspension of gunsmith's licence
73.(1) The Registrar may suspend a gunsmith's licence if the Registrar has information in a sworn statement that the gunsmith has not complied with -
(a) any condition specified in the licence; or
(a) the licence holder has been afforded an opportunity to make written representations to the Registrar;
(b) the Registrar has given due consideration to the representations; and
(c) the Registrar deems it necessary in order to achieve the objects of this Act.
Termination of gunsmith's licence
74.(1) A gunsmith's licence terminates -
(a) on the date determined by the Registrar for the renewal of gunsmiths' licences in the particular calender year;
(b) if surrendered by the gunsmith to the Registrar;
(c) if the gunsmith, or a partner, member or director of the gunsmith is declared to be a disqualified person; or
(d) if cancelled in terms of this Act.
(2) The Registrar may, by written notice, cancel a gunsmith's licence if -
(a) the licence holder or any partner, member or director of the licence holder is no longer qualified to hold the licence; or
(b) the Registrar is satisfied that the licence holder has contravened or not complied with a provision of this Act or a condition specified in the licence.
(b) If the firearms and ammunition are not disposed of within 60 days they shall be forfeited to the State and the former licence holder must surrender them immediately in accordance with the directions of the Registrar.
Gunsmith's licences in respect of partnerships and juristic persons
75.(1) If the Registrar issues a gunsmith's licence to a partnership, the Registrar must -
(a) issue the licence to the partners jointly; and
(b) state the name under which the partnership trades.
(2) If a gunsmith's licence is issued to a juristic person, the Registrar -
(a) must issue the licence to the members or directors jointly;
(b) may in addition, issue the licence to any manager in the juristic person; and
(c) must issue the licence in the name under which the juristic person trades.
Application of other laws
76. A licence issued in terms of Part 3 of this Chapter does not exempt the licence holder from the obligation to comply with the provisions of any other law.
Defaced, lost or stolen licences
77.(1) If a gunsmith's licence is lost or stolen, the licence holder must inform the Registrar within 24 hours of the discovery of the loss or theft.
(2) If a gunsmith's licence is defaced, lost or stolen, the holder of the licence must make application, completed in the prescribed form, to the Registrar for a copy of the licence.
(3) The application referred to in subsection (2) must be made within seven days of the discovery of the defacement, loss or theft.