Prohibition of import or export of firearms and ammunition without permit
78.(1) No person may import into or export from South Africa any firearms or ammunition without a valid import or export permit issued in terms of this Act.
(2) No person may carry in transit through South Africa any firearms or ammunition without a valid transit permit issued in terms of this Act.
Requirements for an import, export or transit permit
79.(1) An applicant for an import or export permit must satisfy the Registrar that he or she is a fit and proper person to hold the permit.
(2) An applicant for a transit permit must satisfy such conditions as the Registrar may consider appropriate.
(3) Unless the Registrar directs otherwise no import, export or transit permit may be issued in respect of any firearm or ammunition which does not bear identification marks as prescribed.
The import, export or transit permit
80.(1) The import, export or transit permit must be issued in the prescribed form.
(2) The import, export or transit permit must contain the prescribed information.
(3) Notwithstanding the provisions of this Chapter an export permit may only be issued after approval for such export has been received from the National Conventional Arms Control Committee.
Conditions imposed on a permit holder
81.(1) The Minister may prescribe conditions which the Registrar may impose on the holder of a permit issued in terms of this Chapter.
(2) The conditions which the Registrar imposes must be specified in the permit.
A permit shall constitute a licence to possess
82.(1) A permit for the import of a firearm or ammunition shall also constitute a licence to possess such firearm or ammunition for such period as the Registrar may specify on the permit.
(2) The Registrar may specify on the permit such conditions in respect of the possession and use of the relevant firearm or ammunition as may be prescribed or as may be imposed by the Registrar.
Duties of a permit holder
83.(1) The holder of a permit issued in terms of this Chapter, must at the request of any police official, produce for inspection -
(a) any firearms or ammunition in his or her possession or under his or her control;
(b) his or her permit; and
(c) any register or electronic data that may be kept by him or her in terms of this Act.
(2) The Registrar may direct the holder of a permit issued in terms of this Chapter to keep and maintain registers containing such information as he or she may direct.
(3) The Registrar may direct the holder of a permit issued in terms of this Chapter to establish and maintain a workstation which complies with such requirements as he or she may direct and which links the registers referred to in subsection (2) to the central importers' and exporters' database.
(4) The holder of a permit issued in terms of this Chapter must comply with the conditions specified in the permit.
Establishment of central importers' and exporters' database
84. The Registrar must, as soon as practicable establish a central importers and exporters database as prescribed by regulation.
Suspension of import, export and transit permits
85.(1) The Registrar may suspend an import, export or transit permit if the Registrar has information in a sworn statement that the holder of the permit has not complied with -
(a) any condition specified in the permit; or
(a) the permit 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 import, export and transit permits
86.(1) An import, export or transit permit terminates -
(a) on the date specified in the permit;
(b) if surrendered by the holder of the permit to the Registrar;
(c) if the permit holder, or a partner, member or director of the permit holder is declared to be a disqualified person; or
(d) if cancelled in terms of this Act.
(2) The Registrar may, by written notice, cancel an import, export or transit permit if -
(a) the permit holder or any partner, member or director of the permit holder is no longer qualified to hold the permit; or
(b) the Registrar is satisfied that the permit holder has contravened or not complied with a provision of this Act or a condition specified in the permit.
(b) If the firearms and ammunition are not disposed of within 60 days they shall be forfeited to the State and the former permit holder must surrender them immediately in accordance with the directions of the Registrar.
Import, export and transit permits in respect of partnerships and juristic persons
87.(1) If the Registrar issues an import, export or transit permit to a partnership, the Registrar must -
(a) issue the permit to the partners jointly; and
(b) state the name under which the partnership trades.
(2) If an import, export or transit permit is issued to a juristic person, the Registrar -
(a) must issue the permit to the members or directors jointly;
(b) may in addition, issue the permit to any manager in the juristic person; and
(c) must issue the permit in the name under which the juristic person trades.
Defaced, lost or stolen permits
88.(1) If an import, export or transit permit is lost or stolen, the permit holder must inform the Registrar within 24 hours of the discovery of the loss or theft.
(2) If an import, export or transit permit is defaced, lost or stolen, the holder of the permit must make application, completed in the prescribed form, to the Registrar for a copy of the permit.
(3) The application referred to in subsection (2) must be made within seven days of the discovery of the defacement, loss or theft.
Storage, transport and carrying of firearms and ammunition
89.(1) Firearms and ammunition must be stored in accordance with such regulations as may be prescribed.
(2) Firearms and ammunition may only be carried or transported in accordance with such regulations as may be prescribed.
Carrying of firearms in a public place
90. No person may carry a firearm in a public place unless the firearm is carried -
(a) in the case of a handgun -
(i) in a holster or similar holder designed, manufactured or adapted for the 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 or adapted for the carrying of the firearm
in such a manner that the firearm is completely covered and he or she has and can exercise effective control over such firearm.
Firearms transporter's permit
91.(1) No person may transport firearms or ammunition for reward without a valid firearms transporter's permit issued in terms of this Act.
(2) An applicant for a firearms transporter's permit must comply with such conditions as may be prescribed and as the Registrar may impose.
(3) A woman or a man who applies for a firearms transporter's permit must satisfy the Registrar that he or she is a fit and proper person to conduct business as a firearms transporter.
(4) If the applicant is not a woman or a man, every partner, member or director of the applicant must satisfy the Registrar that he or she is a fit and proper person to conduct business as a firearms transporter.
(5) A firearms transporter's permit may only be issued -
(c) subject to such conditions as may be prescribed or as may be imposed by the Registrar.
Conditions imposed on transporters of firearms
92.(1) The Minister may prescribe conditions which the Registrar may impose on a permit holder.
(2) The conditions which the Registrar imposes must be specified in the permit.
Duties of a permit holder
93.(1) The holder of a permit issued in terms of this Chapter, must at the request of any police official, produce for inspection -
(a) any firearms or ammunition in his or her possession or under his or her control;
(b) his or her permit; and
(c) any register or electronic data that may be kept by him or her in terms of this Act.
(2) The Registrar may direct the holder of a permit issued in terms of this Chapter to keep and maintain registers containing such information as he or she may direct.
(3) The holder of a permit issued in terms of this Chapter must comply with the conditions specified in the permit.
Cancellation of firearms transporter's permit
94.(1) The Registrar may, by written notice, cancel a firearms transporter's permit if -
(a) the permit holder or any partner, member or director of the permit holder is no longer qualified to hold the permit; or
(b) the Registrar is satisfied that the permit holder has contravened or not complied with a provision of this Act or a condition specified in the permit.
(2) The former permit holder must dispose of his or her cargo of firearms and ammunition in accordance with the directions of the Registrar.
Records to be kept
95. The Office of the Central Firearms Register must keep a record of prescribed information in respect of all firearms transporter's permits issued in terms of this Chapter.
Prohibition of possession of ammunition
96. No person may possess any ammunition unless he or she -
(a) holds a valid licence in respect of a firearm capable of firing that ammunition; or
(b) holds a valid dealer's licence, manufacturer's licence, gunsmith's licence, import, export or transit permit or transporter's permit issued in terms of this Act; or
(c) is otherwise authorised to do so.
Restrictions on possession of ammunition
97.(1) The provisions of this section do not apply to pellets used in air guns.
(2) The holder of a firearms licence may possess not more than 200 cartridges for each firearm licenced to him or her.
(3) The holder of a firearms licence may not, during any period of 12 months, purchase more than 2400 cartridges for each firearm licenced to him or her.
(4) Notwithstanding the provisions of subsections (2) and (3), the Registrar may, in accordance with the regulations, authorise the holder of a firearms licence to possess or purchase cartridges in excess of the quantities referred to in those subsections.
Prohibitions and restrictions on use of certain ammunition
98.(1) The Minister may, by notice in the Gazette, prohibit or restrict the acquisition, disposal, possession or use of ammunition of a specified class if -
(a) he or she considers it in the interest of public safety; or
(b) he or she considers it desirable for the maintenance of law and order.
(2) A notice contemplated in subsection (1) 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.
Prohibition of Possession of Firearm Parts
99.(1) For the purposes of this section "firearm part" means a slide, bolt or breech-block of a firearm.
(2) No person may possess any firearm part unless he or she -
(a) holds a valid licence in respect of a firearm capable of bearing that firearm part;
(b) holds a valid dealer's licence, manufacturer's licence, gunsmith's licence, import, export or transit permit or transporter's permit issued in terms of this Act; or
(c) is otherwise authorised to do so.
(4) The Minister may, by notice in the Gazette, prohibit or restrict the acquisition, disposal, possession or use of firearm parts if -
(a) he or she considers it in the interest of public safety; or
(b) he or she considers it desirable for the maintenance of law and order.
Definitions
100. In this Chapter -
(a) "Official Institution" means -
(i) the South African National Defence Force;
(ii) the South African Police Service;
(iii) the Department of Correctional Services;
(iv) any intelligence service established in terms of the Constitution of the Republic of South Africa, 1996; or
(v) the armaments acquisition agency of the State and any government institution accredited by the Registrar as an Official Institution;
(b) "employee" in relation to the South African National Defence Force includes, but is not limited to a member of -
(i) the Citizen Force;
(ii) the commandos; or
(iii) the South African National Defence Reserve,
contemplated in the Defence Act, 1957.
(c) "employee" in relation to the South African Police Service includes, but is not limited to a member of the Reserve Police Service contemplated in the South African Police Service Act, 1995.
Exemptions
101.(1) Subject to the provisions of this Chapter, section 114 and to those provisions of section 157 which refer to Official Institutions, the provisions of this Act do not apply to an Official Institution.
(2) The manufacturing, marketing, import, export and carrying in transit of firearms and ammunition allowed in terms of the provisions of section 4C(1) of the Armaments Development and Production Act, 1968, are exempted from the relevant provisions of this Act.
(3) A military force or military members of a military force of another country or state that is visiting South Africa in terms of an international obligation or an agreement between that country or state and South Africa shall be exempted from the provisions of this Act to such extent as may be provided for in an agreement concluded between the other country or state and South Africa.
Further conditions applicable to certain Official Institutions
102. An Official Institution accredited as such in terms of section 100(a)(v) will also be subject to such conditions in respect of the acquisition, use, safekeeping and disposal of firearms as may be prescribed and to such conditions as may be imposed by the Registrar.
Possession and use of firearms by Official Institutions
103.(1) (a) Subject to the provisions of this section, an employee of an Official Institution may not possess a firearm owned by the Official Institution without a valid permit issued in terms of this Chapter.
(b) Employees of the South African National Defence Force are -
(i) while performing official duties under military command; and
(ii) if they have in their possession a written order, instruction or route form specifying the duty to be performed and the nature and type of firearm they are authorised to carry,
exempted from the obligation to have a permit in respect of military firearms issued to them for the purpose of performing those official duties.
(b) Employees of the South African National Defence Force are exempted from the obligation to have a permit in respect of military firearms in their possession or under their control for the purpose of performing official duties, if those firearms are mounted in or on a military weapons system.
(2) The head of an Official Institution or someone delegated in writing by him or her, may issue a permit to an employee of that Official Institution to possess and use a firearm owned by it.
(3) A permit issued in terms of this Chapter must contain such particulars as may be prescribed by regulation.
(4) The head of an Official Institution may impose conditions on the possession and use of the firearms and ammunition controlled by that Official Institution and will promulgate comprehensive internal instructions that prescribe all conditions relating to the acquisition, storage, transport, possession, use and disposal of such firearms and ammunition.
(5) Unless the permit referred to in subsection (2) indicates otherwise, the employee must -
(a) when on duty, carry any handgun under his or her control on his or her person in a prescribed holster;
(b) at the end of each period of his or her duty, return the firearm concerned to the place of storage designated for this purpose by the Official Institution; and
(c) when travelling with a firearm, carry the firearm on his or her person or in a secured place under his or her direct control.
(6) (a) Notwithstanding the provisions of subsection (5), the head of an Official Institution may authorise an employee -
(i) to have the firearm in his or her possession after his or her working hours;
(ii) to carry the firearm on his or her person outside the premises of his or her work; or
(iii) to store the firearm at his or her place of residence.
(b) The provisions of paragraph (a) do not apply to an Official Institution contemplated in section 100 (a)(v), unless the Registrar in writing determines that paragraph (a) will be applicable to the Official Institution.
(7) The holder of a permit contemplated in subsection (2) must carry that permit on his or her person when he or she is in possession of the firearm.
(8) The head of an Official Institution may only issue a permit in terms of subsection (2) if he or she is satisfied -
(a) that the employee is a fit and proper person to possess that firearm; and
(b) that the employee has successfully completed the prescribed training and the prescribed test for the safe use of the firearm.
(9) (a) The head of an Official Institution must report immediately to the Registrar and to the nearest police station the loss or theft of any firearm in possession of the relevant Official Institution.
(b) For the purposes of this subsection "nearest police station" means the police station nearest to the place where the loss or theft occurred.
(10) An Official Institution may only dispose of or destroy a firearm in its possession in accordance with such regulations as may be prescribed.
Register to be kept by Official Institution
104.(1) The head of an Official Institution must keep a register in the prescribed form.
(2) The register referred to in subsection (1) must contain such particulars as may be prescribed, including, but not limited to, the following -
(a) (i) in the case of the South African National Defence Force, the particulars of every firearm of a calibre lower than 20 millimeters; or
(ii) in the case of all other Official Institutions, the particulars of every firearm in the possession of the relevant Official Institution;
(b) the particulars of every employee who, in terms of this Chapter, is in possession of a firearm together with the particulars of that firearm;
(c) the conditions specified in every permit issued in terms of this Chapter;
(d) the disposal, transfer, loss, theft and destruction in respect of firearms referred to in paragraph (a); and
(e) if a firearm is lost or stolen, particulars regarding the relevant report to the South African Police Service.
(3) All firearms in possession of an Official Institution must bear such identification marks as may be prescribed.
Establishment of central Official Institution database
105. The Registrar must, as soon as practicable, establish a central Official Institution firearms database as prescribed by regulation.
Official Institutions workstations
106. The head of an Official Institution must -
(a) establish and maintain a workstation which complies with such requirements as may be prescribed; and
(b) provide the Registrar with access to the workstation and to the registers referred to in section 104.
Declaration by Registrar of unfitness to possess a firearm
107.(1) The Registrar may declare a person unfit to possess a firearm if -
(a) a final protection order has been issued by a court in terms of the Domestic Violence Act, 1998 against such person;
(b) that person has threatened to or expressed the intention to kill or injure himself or herself or any other person by any means;
(c) that person is mentally unstable or has an inclination to violence;
(d) that person is dependent on any substance which has an intoxicating or narcotic effect;
(e) that person has failed to take the prescribed steps for the safekeeping of any firearm;
(f) that person has provided information required in terms of this Act which is false or misleading; or
(g) that person is for any other reason no longer a fit and proper person to possess a firearm.
(2) A declaration by the Registrar in terms of subsection (1) must be issued to the relevant person in writing.
(3) When the Registrar exercises a discretion in terms of this section, he or she must follow such procedures as may be prescribed.
(4) When the Registrar declares a person unfit to possess a firearm in terms of this section, he or she must, if applicable, direct the Designated Firearms Officer to demand that the person surrender -
(a) all competency certificates, licences, authorisations and permits issued to him or her in terms of this Act;
(b) all firearms in his or her possession; and
(c) all ammunition in his or her possession.
Declaration of unfitness by a court to possess a firearm
108.(1) A person is deemed unfit to possess a firearm if convicted of any of the following offences -
(a) the unlawful possession of a firearm or ammunition;
(b) an offence involving the unlawful use or handling of a firearm, whether the firearm was used or handled by that person or by another participant in that offence;
(c) the failure to store firearms or ammunition in accordance with the requirements of this Act;
(d) an offence involving the negligent handling or loss of a firearm while the firearm was in his or her possession or under his or her direct control;
(e) the handling of a firearm while under the influence of any substance which has an intoxicating or narcotic effect;
(f) any other offence in the commission of which a firearm was used, whether the firearm was used or handled by that person or by another participant in the offence; or
(g) any offence involving violence or dishonesty, for which the accused is sentenced to a period of imprisonment of not less than 12 months without the option of a fine.
(2) A court which convicts a person of an offence referred to in subsection (1) must -
(a) declare that person unfit to possess a firearm; and
(b) direct the appropriate court official to notify the Registrar in writing of that conviction.
(3) (a) A court which convicts a person of an offence referred to in Schedule 2 of this Act must enquire and determine whether that person is unfit to possess a firearm.
(b) If a court, acting in terms of subsection (2), determines that a person is unfit to possess a firearm, it must make a declaration to that effect.
(4) A court which has made a declaration in terms of this section must notify the Registrar in writing of that declaration.
(5) A declaration of unfitness to possess a firearm made in terms of this section must, if applicable, be accompanied by a court order for the immediate search for and seizure of -
(a) all competency certificates, licences, authorisations and permits issued to the relevant person in terms of this Act;
(b) all firearms in his or her possession; and
(c) all ammunition in his or her possession.
(6) A firearm and other item seized in terms of subsection (5) must be kept by the South African Police Service or, if appropriate, by the Military Police, until an appeal against the conviction or sentence has been finalised or the time for an appeal has elapsed.
Effect of declaration of unfitness to possess a firearm
109.(1) (a) All competency certificates, licences, authorisations and permits issued in terms of this Act to any person who is declared in terms of this Act to be unfit to possess a firearm, shall cease to be valid from the date of the declaration.
(b) Notwithstanding the noting of an appeal against a relevant decision of a court or of the Registrar, a declaration of unfitness referred to in paragraph (a) shall be effective pending the finalisation of the appeal.
(2) A person who is declared unfit to possess a firearm in terms of this Act must, on demand of the Designated Firearms Officer, surrender -
(a) all competency certificates, licences, authorisations and permits issued to him or her in terms of this Act;
(b) all firearms in his or her possession; and
(c) all ammunition in his or her possession.
(3) (a) A person who is declared unfit to possess a firearm must dispose of his or her firearms or ammunition through a licenced dealer -
(i) within 60 days of the receipt of a written notice from the Registrar declaring the person unfit to possess a firearm; or
(ii) if an appeal is lodged and that appeal is unsuccessful, within 60 days of the finalisation of the appeal.
(b) If the firearms and ammunition are not disposed of within 60 days they shall be forfeited to the State and any person who has control of such a firearm or ammunition must surrender it immediately in accordance with the directions of the Registrar.
(c) The period of 60 days referred to in this subsection may be extended by the Registrar on good cause shown.
(4) (a) If a firearm or ammunition has been seized or surrendered in terms of this Chapter, the Registrar must afford the person who has been declared unfit to possess a firearm a reasonable opportunity to dispose of the firearm or ammunition through a licenced dealer.
(b) When the Registrar acts in terms of paragraph (a) he or she must deliver the firearm or ammunition to a licenced dealer identified by the relevant person, for disposal by that dealer on behalf of the person.
(c) The provisions of subsection (3) apply, with the necessary changes, to any disposal of a firearm or ammunition in terms of this subsection.
(5) (a) The holder of an additional firearms licence may, if the primary licence holder is declared unfit to possess a firearm, apply to the Registrar for the issue of a new firearms licence in his or her name.
(b) If the holder of an additional firearms licence does not make an application referred to in paragraph (a) within 14 days of -
(i) the date on which the time for an appeal elapses; or
(ii) the finalisation of the appeal which does not have an effect on the declaration of unfitness,
the additional firearms licence shall lapse.
(6) If a declaration of any person to be unfit to possess a firearm is set aside, any seized or surrendered firearm, ammunition, licence, permit or authorisation belonging to any such person, must be returned.
(7) After a period of five years from the date of declaration of unfitness to possess a firearm has elapsed, the person who has been declared unfit to possess a firearm may apply for a new competency certificate, licence, authorisation or permit in accordance with the provisions of this Act.
Proof of declaration of unfitness
110. A certificate purporting to have been signed by the Registrar or by the Registrar of a High Court, the Clerk of a Magistrates Court or the Clerk of a Military Court, stating that a person mentioned in the certificate has been declared unfit to possess a firearm, is upon production thereof by any person, prima facie proof of the facts stated in that certificate.
Production of licences and firearms for inspection
111.(1) Any holder of a firearms licence, permit or authorisation issued in terms of this Act must -
(a) produce the licence, permit or authorisation for inspection whenever required to do so by any police official or by any person authorised by the Registrar;
(b) maintain the firearms licence so that it can be produced in an undefaced and legible condition; and
(c) produce the firearm in respect of which the licence, permit or authorisation is issued whenever required to do so by any police official or by any person authorised by the Registrar.
(2) If, within seven (7) days after having been required to produce the firearms licence, permit or authorisation or the firearm, the holder produces it at a place specified by the police official or the authorised person, the holder is deemed to have complied with subsection (1)(a) or (c).
Request for information
112.(1) A police official or person authorised by the Registrar who has reasonable grounds to believe that a person has or recently had a firearm or ammunition in his or her possession, may request that person -
(a) to state his or her full name, age, residential and employment address;
(b) to produce his or her licence, permit or authorisation for the possession of the firearm;
(c) to answer questions relating to the whereabouts of the firearm; and
(d) to furnish any other information reasonably required by the police official or authorised person.
(2) A police official or the authorised person, when exercising a power in 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.
Duty to comply with request of police official or authorised person
113. A person who is in physical possession of a firearm or has it in his or her immediate custody or on his or her person must carry a firearms licence for such firearm.
(a) at the request and to the satisfaction of a police official or authorised person identify himself or herself forthwith; and
(b) at the request of a police official or authorised person forthwith produce such firearm and any licence, permit or authorisation in respect of such firearm.
(3) If a person fails to comply with the provisions of subsection (2), the police official or authorised person may seize the firearm without a warrant and keep the firearm in custody until the licence, permit or authorisation is produced or the firearm is disposed of in terms of this Act.
Inspection of premises
114.(1) Any police official or person authorised by the Registrar may enter -
(a) any place of business of a firearms dealer;
(b) any firearms or ammunition factory or place of business of a manufacturer of firearms and ammunition;
(c) any place of business of a gunsmith;
(d) any place of business of the holder of an importation or exportation permit;
(e) any place of business, including any vehicle, vessel or aircraft, of an authorised transporter of firearms and ammunition;
(f) any office or premises of an Official Institution which may issue a permit to its employees to possess and use firearms; or
(g) any place of business, including any vehicle, vessel or aircraft, of the holder of a licence in respect of firearms used for business purposes referred to in section 21 of this Act,
and conduct such inspection as he or she may deem necessary in order to determine whether the requirements and conditions of this Act or of any competency certificate, licence, permit or authorisation issued in terms of this Act are being complied with.
(2) The Registrar must -
(a) give reasonable notice to the head of -
(a) the South African National Defence Force;
(b) the South African Police Service;
(c) the Department of Correctional Services; or
(d) any intelligence service established in terms of the Constitution of the Republic of South Africa, 1996,
before any inspection of an office or premises of the relevant Official Institution is conducted as contemplated in subsection (1); and
(b) comply with such security arrangements as may be agreed to in this regard.
Applicability of Chapter 2 of the Criminal Procedure Act, 1977
115. The provisions of Chapter 2 of the Criminal Procedure Act, 1977, apply with the necessary changes to the entry to premises, search for and seizure of any firearm, imitation firearm, airgun, device or ammunition referred to in this Act.
Applicability of sections 20, 30 and 31 of the Criminal Procedure Act, 1977
116.(1) For the purposes of applying section 20 of the Criminal Procedure Act, 1977 to the seizure of any article which is a firearm, imitation firearm, airgun, device or ammunition referred to in this Act, the section will be deemed to include the following additional paragraph -
"(d) which is on reasonable grounds believed to be in the possession or under the control of a person who is by reason of any physical or mental condition, however arising, incapable of having proper control of any firearm or ammunition or presents a danger of harm to himself or herself or to any other person."
(2) Notwithstanding the provisions of sections 30 and 31 of the Criminal Procedure Act, 1977, any article referred to in section 115 and lawfully seized by the State, must be dealt with or disposed of in accordance with the provisions of this Act.
Search and seizure in the course of policing operations in terms of the South African Police Service Act, 1995
117.(1) Notwithstanding the other provisions of this Chapter, any police official or any person authorised by the National Commissioner or a Provincial Commissioner of the South African Police Service, may, in the course of official policing operations contemplated in sections 13(6), (7) and (8) of the South African Police Service Act, 1995, search any premises, vehicle, vessel or aircraft and seize any firearm, imitation firearm, airgun, device or ammunition referred to in this Act -
(a) in respect of which there exists a reasonable suspicion that such article is held in contravention of the provisions of this Act; or
(b) for the purposes of determining whether the provisions of this Act in respect of such article have been complied with.
(2) The provisions of section 13 of the South African Police Service Act, 1995 apply with the necessary changes to any search or seizure contemplated in subsection (1).
Exercise of the powers set out in section 37 of the Criminal Procedure Act, 1977
118. Any police official or any other person authorised in writing by the Registrar may exercise the powers of a police official set out in section 37 of the Criminal Procedure Act, 1977, in respect of -
(a) any occupant of a vehicle, vessel or aircraft or premises in which any article referred to in section 115 is present and in respect of which there is a reasonable suspicion that any of the provisions of this Act may have been contravened by that occupant; and
(b) the owner or person in control of any vehicle, vessel or aircraft or premises in which any article referred to in section 115 is present and in respect of which there is a reasonable suspicion that any of the provisions of this Act may have been contravened.
Body-prints and genetic samples
119.(1) A police official may take the finger-prints, palm-prints, foot-prints and samples of genetic material of a person or a group of persons or may cause any such prints or samples to be taken, if -
(a) there are reasonable grounds to suspect that one or more of those persons have committed an offence which is punishable in terms of this Act with imprisonment for a period of five years or longer; and
(b) there are reasonable grounds to believe that the prints or samples or the results of an examination thereof, will be of value in the investigation by excluding or including one or more of the persons as a possible perpetrator of the offence.
(2) The person who has control over prints or genetic material taken in terms of this section -
(a) may subject them to examination for purposes of the investigation of the relevant offence or cause them to be so examined; and
(b) must destroy them immediately when it is clear that they will not be of value as evidence.
(3)Genetic material such as bodily samples especially blood samples may only be taken by a registered medical practitioner or a registered nurse.
Ballistic testing
120.(1) A police official may seize, test-fire and examine any firearm or ammunition or may cause it to be seized, test-fired and examined, if -
(a) there are reasonable grounds to suspect that one or more of the firearms or the ammunition has been used in the commission of an offence which is punishable in terms of this Act with imprisonment for a period of five years or longer; and
(b) there are reasonable grounds to believe that one or more of the firearms or the ammunition or the results of the test-firing and examination, will be of value in the investigation by excluding or including -
(i) one or more of those firearms or the ammunition as an object used in the commission of the offence; or
(ii) one or more persons as a possible perpetrator of the offence.
(2) The person who has control over a firearm or ammunition seized in terms of this section must return it or otherwise dispose of it in terms of this Act immediately when it is clear that it will not be of value as evidence.
Inspection, Search and Seizure for Inquiry or Investigation (with special warrant)
121.(1) For the purposes of any inquiry or investigation relating to the application of the provisions of this Act, the Registrar or any person authorised in writing by the Registrar may, notwithstanding the other provisions of this Chapter -
(a) at any reasonable time and without prior notice or with such notice as the Registrar or authorised person deems appropriate, enter any business or industrial premises; or
(b) at any reasonable time and with reasonable notice, enter any dwelling on or in which anything relating to the subject-matter of the inquiry or investigation is or is suspected to be.
(2) The Registrar or person authorised may -
(a) inspect and search those premises and there make such enquiries as he or she may deem necessary to the inquiry or investigation;
(b) examine anything found on those premises which might have a bearing on the subject-matter of the inquiry or investigation;
(c) request from the owner or person in control of those premises or from any person in whose possession or under whose control anything referred to in paragraph (b) is found, information or an explanation regarding such object;
(d) make copies of or extracts from any book or document found on or in those premises which might have a bearing on the subject-matter of the inquiry or investigation and request from any person suspected of having knowledge thereof an explanation of such book, document or any entry therein; and
(e) seize, against the issue of a written receipt, anything on or in those premises which might have a bearing on the subject-matter of the inquiry or investigation.
(3) Any entry upon, inspection of or search of any premises, or questioning of any person, in terms of this section must be carried out with strict regard to decency and order, including -
(a) the right of persons to respect for and protection of dignity;
(b) the right of persons to freedom and security; and
(c) the right of persons to personal privacy.
(4) The powers contemplated in subsection (2) may be exercised only in terms of a warrant issued by a judge, magistrate or justice.
(5) A warrant for purposes of this section may be issued only if it appears to the judge, magistrate or justice from information under oath or affirmation stating -
(a) the nature of the inquiry or investigation to be conducted;
(b) the reason for or suspicion which gave rise to the inquiry or investigation;
(c) the need for search and seizure in terms of this section; and
(d) the premises at which the warrant is to be executed
that there are reasonable grounds to suspect that anything referred to in subsection (2) is on or in the premises in question.
(6) Subject to subsection (7), the provisions of sections 21(3) and 27 of the Criminal Procedure Act, 1977 apply, with the necessary changes, to the execution of a warrant or to a search in terms of this section.
(7) A warrant contemplated by this section will be of force until -
(a) it is executed;
(b) it is cancelled; or
(c) the expiry of three months from the date of its issue,
whichever may occur first.
Incidental discovery
122. If, in the course of a lawful search for anything other than articles referred to in section 115, the person executing the search finds an article referred to in section 115, in respect of which a reasonable suspicion of illegality or illegal possession exists, such person may seize such article, and must then deal with it or dispose of it in terms of this Act.
Presumption of Possession of Firearm or Ammunition
123.(1) For the purposes of this section "residential premises" does not include a hotel, hostel, or an apartment building, but includes a room or suite in a hotel, a room in a hostel and an apartment in an apartment building.
(2) Whenever a person is charged with an offence in terms of this Act of which the possession of a firearm or ammunition is an element, and the State can show that despite the taking of reasonable steps it was not able with reasonable certainty to link the possession of the firearm or ammunition to any other person, the following circumstances will constitute prima facie proof of possession by that person of the firearm or ammunition -
(a) where it is proved that a firearm or ammunition was present in contravention of this Act on or in a residential premises and the person was, at the time -
(i) over the age of 16 years and residing or ordinarily resident at such premises; or
(ii) in charge of such premises;
(b) where it is proved that a firearm or ammunition was found buried in or hidden on the land on which residential premises are situated and the person was, at the time -
(i) over the age of 16 years and residing or ordinarily resident at such premises;
(ii) in charge of such premises; or
(iii) employed to work on the land in or on which the firearm was found;
(c) where it is proved that a firearm or ammunition was present in contravention of this Act, on or in any premises other than residential premises and the person was, at the time -
(i) in control of the premises or of the room in which the firearm or ammunition was found;
(ii) one of less than 10 persons ordinarily employed at the premises;
(iii) present in the immediate vicinity of the place at the premises where the firearm or ammunition was present;
(iv) ordinarily employed in the immediate vicinity of the place at the premises where the firearm or ammunition was present; or
(v) in control of a locker, cupboard or container in the immediate vicinity of which the firearm or ammunition was present;
(d) where it is proved that a firearm or ammunition was present in contravention of this Act on a vehicle which was not used at the time to convey goods or passengers for gain and the person was, at the time -
(i) the driver of the vehicle;
(ii) the person in charge of the vehicle; or
(iii) one of less than 10 persons over the age of 16 present on the vehicle;
(e) where it is proved that a firearm or ammunition was present in contravention of this Act on a vehicle which was used at the time to convey goods for gain and the person was, at the time -
(i) the driver of the vehicle;
(ii) the person in charge of the vehicle;
(iii) the person in charge of the goods on the vehicle;
(iv) the consignor of any goods in or among which the firearm or ammunition was hidden;
(f) where it is proved that a firearm or ammunition was present in contravention of this Act on a vehicle which was ordinarily used to convey passengers for gain, and the person was, at the time, present on the vehicle and -
(i) the vehicle was, at the time, being used neither to convey passengers for gain nor for charitable purposes;
(ii) the firearm or ammunition was present in a place on the vehicle to which paying passengers did not have access and the person was the driver of the vehicle; or
(iii) the firearm or ammunition was present in a place on the vehicle to which paying passengers did not have access and the person was the employer of the driver of the vehicle;
(g) where it is proved that a firearm or ammunition was present in contravention of this Act on any aircraft other than an aircraft which was used to convey passengers for gain, and the person was at the time -
(i) the pilot of the aircraft;
(ii) present on the aircraft and the person in charge of the aircraft; or
(iii) one of less than 10 persons over the age of 16 present on the aircraft;
(h) where it is proved that a firearm or ammunition was present in contravention of this Act in the hold of an aircraft which was used at the time to convey goods for gain and the person was, at the time the person in charge of the goods on the aircraft;
(i) where it is proved that a firearm or ammunition was present in contravention of this Act on an aircraft or vessel which was, at the time, used to convey passengers for gain, and the firearm or ammunition was present in a place on the aircraft or vessel -
(i) to which paying passengers did not have access but to which the person did have access; or
(ii) in the immediate vicinity of the person;
(j) where it is proved that a firearm or ammunition was present in contravention of this Act on any vessel other than a vessel which was used to convey passengers for gain, and the person was at the time -
(i) the captain of the vessel;
(ii) in charge of that part of the vessel in which the firearm or ammunition was found;
(iii) ordinarily employed in the immediate vicinity of the place on the vessel where the firearm or ammunition was present; or
(iv) one of less than 10 persons over the age of 16 present on the vessel; or
(k) where it is proved that a firearm or ammunition was present in contravention of this Act hidden in the cargo of a vessel and the person was, at the time -
(i) the person in charge of the goods on the aircraft; or
(ii) the consignor of any goods in or among which the firearm or ammunition was hidden.
(3) Whenever a person is charged with an offence in terms of this Act of which the possession of a firearm or ammunition is an element, and the State can show that despite the taking of reasonable steps it was not able with reasonable certainty to link the possession of the firearm or ammunition to any other person, the following circumstances will constitute proof of possession by that person of the firearm or ammunition unless the contrary is proved -
(a) where it is proved that a prohibited firearm or ammunition was present in contravention of this Act on or in a residential premises and the person was, at the time -
(i) present at such premises; and
(ii) in charge of such premises;
(b) where it is proved that a firearm or ammunition was present in contravention of this Act on a vehicle which was ordinarily used to convey passengers for gain, or in a vehicle owned by a person who derived income from the conveyance of passengers for gain and -
(i) the person was, at the time present on and in charge of the vehicle; and
(ii) the vehicle was, at the time, being used neither to convey passengers for gain nor for charitable purposes;
(c) subject to paragraph (d), where it is proved that a prohibited firearm or ammunition was present on a vehicle, vessel or aircraft which was used to convey goods for gain and the person was, at the time present on that vehicle, vessel or aircraft and in exclusive control of the goods on the vehicle, vessel or aircraft; or
(d) where it is proved that a firearm or ammunition was present in a sealed container on a vehicle, vessel or aircraft, and the person was the consignor of that container.
(4) Whenever in any criminal proceedings against a person it is proved that -
(a) the person was travelling in or on a vehicle, other than a vehicle manufactured or licensed to convey more than 20 passengers, at the time when any firearm -
(i) was in or on such vehicle;
(ii) was discharged from such vehicle; or
(iii) was wielded or discharged by any of the occupants of the vehicle; and
(b) the firearm was used at the time, or at about the same time, in the commission or attempted commission of an offence involving violence to a person,
it is presumed, until the contrary is proved, that the first-mentioned person was in possession of and used that firearm.
Presumptions relating to Failure to Report
124.(1) Whenever a person is charged with an offence in terms of this Act of failing to report the loss, theft or destruction of a firearm and it is proved that such person was, at the time, the licenced or authorised possessor of the firearm alleged to have been lost, stolen or destroyed -
(a) proof that the person has failed to produce such firearm within seven days of the request of a police official to do so, will be prima facie proof that the firearm has been lost, stolen or destroyed; and
(b) proof that such firearm has been lost, stolen or destroyed, will be prima facie proof the person has failed to report such loss, theft or destruction.
(2) Whenever a person is charged with an offence in terms of this Act of failing to furnish, on request of a police official, information or particulars and it is proved that such person was, at the time, the licenced or authorised possessor of the firearm alleged to have been lost, stolen or destroyed -
(a) proof that the person has failed to produce such firearm within seven days of the request of a police official to do so, will be prima facie proof that the firearm has been lost, stolen or destroyed; and
(b) proof that such firearm has been lost, stolen or destroyed, will be prima facie proof the person has failed to furnish the said police official with the required information or particulars.
Presumption of Failure to take Reasonable Steps
125. Whenever a person is charged in terms of this Act with an offence of failing to take reasonable steps to ensure that no firearm or ammunition is brought in contravention of this Act onto premises, a vehicle, a vessel or an aircraft under his or her ownership or control, proof that a firearm or ammunition was brought, in contravention of this Act, onto premises, a vehicle, a vessel or an aircraft under his or her ownership or control will be prima facie proof that he or she failed to take reasonable steps to ensure that this did not take place.
Criminal offences and administrative transgressions
126.(1) Failure to comply with a provision of this Act constitutes a criminal offence, an administrative transgression or both a criminal offence and an administrative transgression, as indicated in Schedule 3.
(2) The provisions of subsection (1) apply to any failure to comply with a provision referred to in the first column of Schedule 3.
(3) The second column of Schedule 3 is included only for the sake of easy reference and is not intended to limit the application of this section.
Criminal sentences
127. Subject to the provisions of the Criminal Law Amendment Act , 1997, a person who commits a criminal offence contemplated in section 126 is liable on conviction to a fine or to imprisonment not exceeding the period indicated in Schedule 3, or to both such fine and imprisonment.
Refund of administrative fine if criminal sentence is imposed
128. (a) A person who is found guilty of a criminal offence contemplated in section 126 may be sentenced without taking into account any administrative fine, which may already have been imposed on him or her with respect to the same failure to comply with the relevant provision.
(b) If a person is sentenced as contemplated in paragraph (a), the relevant administrative fine must be refunded to that person.
Administrative sanctions imposed by the Registrar
129.(1) If a person commits an administrative transgression contemplated in section 126, the Registrar may -
(a) cancel any licence, permit or authorisation which that person may hold in terms of this Act;
(b) declare the person unfit to possess a firearm;
(c) where appropriate, cancel the accreditation of the person, in terms of this Act;
(d) make such forfeiture order as may be indicated in Schedule 3; and
(e) impose an administrative fine not exceeding the amount indicated in Schedule 3.
(2) When the Registrar exercises a discretion in terms of this section, he or she must follow such procedures as may be prescribed.
(3) The Registrar may not impose an administrative fine contemplated in subsection (1)(e) if the person concerned has been charged with a criminal offence in respect of the same failure to comply with the relevant provision of this Act.
Additional offences and obligations
130.(1) A person who is -
(a) present in the immediate vicinity of a prohibited firearm;
(b) over the age of 16 years, present and ordinarily resident at residential premises at the time at which a prohibited firearm is present at such premises;
(c) present and ordinarily employed at any premises or on or in any vehicle, vessel or aircraft at the time at which a prohibited firearm is present at such premises or on or in such vehicle, vessel or aircraft; or
(d) one of less than 30 persons present at any premises or on or in any vehicle, vessel or aircraft at the time at which a prohibited firearm is present at such premises or on or in such vehicle, vessel or aircraft
and who is unable to give a satisfactory explanation for his or her presence in relation to the prohibited firearm is guilty of an offence.
(2) A person who is -
(a) present in the immediate vicinity of a firearm or ammunition which is not in the lawful possession of any person;
(b) over the age of 16 years, present and ordinarily resident at residential premises at the time at which there is present at such premises a firearm or ammunition which is not in the lawful possession of any person;
(c) present and ordinarily employed at any premises or on or in any vehicle, vessel or aircraft at the time at which there is present at such premises, or on or in any vehicle, vessel or aircraft, a firearm or ammunition which is not in the lawful possession of any person; or
(d) one of less than 30 persons present at any premises or on or in any vehicle, vessel or aircraft at the time at which there is present at such premises, or on or in any vehicle, vessel or aircraft, a firearm or ammunition which is not in the lawful possession of any person,
and who is unable to give a satisfactory explanation for his or her presence in relation to the firearm or ammunition is guilty of an offence.
(3) (a) A person who -
(i) causes bodily injury to any person or causes damage to property of any person by negligently using a firearm;
(ii) discharges or otherwise handles a firearm in a manner likely to injure or endanger the safety or property of any person or with reckless disregard to the safety or property of any person; or
(iii) has a loaded firearm under his or her control in circumstances where it creates a risk to the safety or property of any person and who does not take reasonable precautions to avoid the danger,
is guilty of an offence.
(b) If the evidence on a charge involving the negligent use or handling of a specific firearm or a specific class of firearm does not prove the negligent use or handling of that specific firearm or specific class of firearm, but proves the negligent use or handling of another firearm or class of firearm, the accused person may be found guilty of the offence proved.
(4) (a) A person who -
(i) while in possession of a firearm, is under the influence of a substance which has an intoxicating or a narcotic effect; or
(ii) handles a firearm while he or she is under the influence of a substance which has an intoxicating or a narcotic effect,
is guilty of an offence.
(b) For the purposes of this subsection a firearm includes an antique firearm and any airgun.
(5) (a) A person who gives control of a firearm to a person whom he or she knows, or ought reasonably to have known -
(i) to be mentally ill; or
(ii) to be under the influence of a substance which has an intoxicating or a narcotic effect,
is guilty of an offence.
(b) For the purposes of this subsection a firearm includes an antique firearm and any airgun.
(6) A person who, without just excuse, points at another person -
(a) a firearm, whether or not the firearm is loaded or capable of being discharged; or
(b) anything which, in the circumstances, is likely to lead that person to believe that it is a firearm,
is guilty of an offence.
(7) A person who, without just cause, discharges a firearm in a municipal area or any public place, is guilty of an offence.
(8) A person who -
(a) fails to lock a firearm in the prescribed safe, strong-room or device for the safe-keeping of a firearm in his or her lawful possession when such firearm is not carried on his or her person or is not under his or her direct control;
(b) while in lawful possession of a firearm fails -
(i) to lock the firearm away in the prescribed safe, strong-room or device for the safekeeping of a firearm;
(ii) to take reasonable steps to prevent the loss or theft of the firearm while the firearm was on his or her person or under his or her direct control; or
(iii) to keep the keys of such safe, strong-room or device in safe custody,
(c) A person who loses or from whom a firearm is stolen as a result of that person's failure -
(i) to lock the firearm away in the prescribed safe, strong-room or device for the safekeeping of a firearm;
(ii) to take reasonable steps to prevent the loss or theft of the firearm while the firearm was on his or her person or under his or her direct control; or
(iii) fails to keep the keys of such safe, strong-room or device in safe custody,
is guilty of an offence.
(9) A person who -
(a) unlawfully adds to a competency certificate, licence, permit or authorisation any words, figures or letters extraneous to the competency certificate, licence, permit or authorisation as issued;
(b) unlawfully alters on or erases from any competency certificate, licence, permit or authorisation any words, figures or letters;
(c) uses or possesses any competency certificate, licence, permit or authorisation -
(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) being the holder of a competency certificate, licence, permit or authorisation, parts with its possession in order that it may be used by any other person;
(e) unlawfully uses or attempts to use a competency certificate, licence, permit or authorisation issued in the name of another to procure possession of a firearm or ammunition; or
(f) supplies particulars, answers or information in any application for a competency certificate, licence, permit or authorisation in terms of this Act, knowing them to be false, incorrect or misleading or not believing them to be correct,
is guilty of an offence.
(10) A person who -
(a) makes a false entry in a register which is required to be kept in terms of this Act;
(b) furnishes false information in any return required to be submitted in terms of this Act; or
(c) for the purpose of obtaining, whether for himself or herself or for any other person, any competency certificate, licence, permit or authorisation in terms of this Act, makes any statement or representation knowing it to be false or believing it to be true,
is guilty of an offence.
(11) A person who -
(a) sells, supplies or in any manner gives possession of a firearm or ammunition to a person who is not allowed in terms of this Act to possess a firearm or ammunition; or
(b) is in possession of any firearm, imitation firearm or ammunition, with intent to commit an offence or uses the firearm or an imitation firearm to resist arrest or prevent the arrest of another person,
is guilty of an offence.
(12) A holder of a licence, permit or authorisation to possess a firearm or another person who is in possession or has control of a firearm who fails to report the loss, theft or destruction of the firearm to the police station nearest to the place where the loss, theft or destruction occurred, within 24 hours after having become aware of the loss, theft or destruction of the firearm, is guilty of an offence.
(13) A firearms licence holder or holder of a temporary authorisation to possess a firearm who fails to surrender the licence or authorisation for that firearm to the police station nearest to the place where the loss, theft or destruction occurred, within 24 hours after having become aware of the loss, theft or destruction of the relevant firearm, is guilty of an offence.
(14) A person who obstructs or hinders any person in the performance of any duty in terms of this Act is guilty of an offence.
(15) A person who contravenes or fails to comply with any provision, direction or requirement of any notice issued in terms of this Act, is guilty of an offence.
Appointment of the Registrar
131. The National Commissioner is hereby appointed as the Registrar.
Functions of the Registrar
132. The Registrar -
(a) must establish and maintain the Central Firearms Register;
(b) must establish and control the Office of the Central Firearms Register;
(c) must recover from persons the fees payable by them in terms of this Act;
(d) must, where appropriate, issue or cancel accreditations in terms of this Act;
(e) must develop a training curriculum for competency testing in terms of this Act;
(f) must conduct research into firearms policies;
(g) must monitor the implementation of this Act;
(h) must conduct public education programmes concerning the provisions of this Act and all other matters relating to the safe possession and use of firearms;
(i) may conduct any investigation or enquiry which he or she deems necessary in order to exercise his or her powers or carry out his or her duties in terms of this Act;
(j) must appoint police officials as Designated Firearms Officers, determine their powers and allocate their duties in terms of the provisions of this Act;
(k) may take the necessary steps to recover administrative fines and enforce other administrative measures and penalties envisaged in this Act;
(l) may make recommendations to the Minister on any matter relating to this Act; and
(m) must perform all other functions and duties allocated to him or her in terms of this Act.
The Central Firearms Register
133.(1) The Central Firearms Register must contain -
(a) the central firearms database
(b) the central dealers' database;
(c) the central manufacturers' 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 of this 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 well as renewals and cancellations thereof;
(ii) applications for competency certificates, licences, authorisations and permits and any renewal applications, which have been refused in terms of 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 applications made in terms of this Act;
(c) a record of all licensed dealers, manufacturers, gunsmiths, importers and exporters, transporters for reward, accredited institutions, organisations and brokers 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 in respect of firearms in the possession of Official Institutions;
(f) a record of all firearms recovered, forfeited to the State or destroyed;
(g) the fingerprints which have been submitted for purposes of an application in terms of this Act; and
(h) any other documentation and information as may be prescribed.
Certificate signed by Registrar to constitute prima facie proof
134. Any document containing information contemplated in section 133 and purporting to be a certificate signed by the Registrar, is upon its mere production by any person, prima facie proof of the facts stated therein.
Appointment, powers and functions of the Head of the Office of the Central Firearms Register
135.(1) The Registrar must, in consultation with the Minister, appoint a woman or a man as Head of the Office of the Central Firearms Register.
(2) The Head of the Office of the Central Firearms Register -
(a) is responsible for the management of the Office of the Central Firearms Register; and
(b) must perform the duties delegated to him or her by the Registrar.
Establishment and functions of Appeal Board
136.(1) An Appeal Board is hereby established.
(2) The Appeal Board must perform the functions entrusted to it in terms of this Act.
Composition of Appeal Board
137. The Appeal Board must -
(a) comprise not more than five members appointed by the Minister; and
(b) as far as possible be broadly representative of the population of South Africa.
Conditions of service, remuneration and allowances of members of Appeal Board
138.(1) The period and conditions of office, remuneration and allowances of the members of the Appeal Board are as prescribed.
(2) (a) The Minister may at any time withdraw the appointment of a member of the Appeal Board if in his or her opinion there is sufficient reason for doing so.
(b) A member may resign by notice in writing to the Minister.
Quorum, meetings and procedure of Appeal Board
139.(1) The quorum for, the procedure at, and the holding of meetings of the Appeal Board are as prescribed by regulation.
(2) The regulations contemplated in subsection (1) may include regulations empowering the Appeal Board to establish committees consisting of members of the Appeal Board to exercise the powers and perform the functions delegated to them by the Appeal Board.
Administrative work of Appeal Board
140. The administrative work of the Appeal Board will be performed by persons appointed by the Registrar.
Establishment of Ministerial Committees
141.(1) The Minister may, if he considers it appropriate, establish committees from time to time to assist him or her or any other functionary appointed in terms of this Act in respect of any matter dealt with in this Act.
(2) The composition and functions of the Committee must be determined by the Minister.
(3) The conditions of office, remuneration, allowances and other benefits of members of the Committee shall be as prescribed.
Right of appeal against decisions
142.(1) Any person -
(a) whose application in terms of this Act for a competency certificate, licence, permit or authorisation has been refused;
(b) whose competency certificate, licence, permit, or authorisation has been cancelled;
(c) whose licence, permit or authorisation has been issued subject to any condition; or
(d) who has received a notice of an administrative decision in terms of this Act which may detrimentally affect his or her rights,
may, in the prescribed manner, appeal to the Appeal Board.
(2) The Appeal Board may confirm, vary or reverse any decision appealed against in terms of this section.
(3) The Appeal Board may admit evidence of facts not before the Registrar when he or she made the decision which is the subject of the appeal only if it is satisfied -
(a) that there is a reasonable explanation for the failure timeously to inform the Registrar of the facts;
(b) that the Registrar has had sufficient opportunity to verify the facts; and
(c) the Registrar is not prejudiced by the admission of the evidence.
(4) Subject to the provisions of this Act, no person is excused from complying with any of the provisions of this Act on the ground that an appeal is pending in terms of this section.
Circumstances where compensation is not payable in respect of firearms and ammunition forfeited to the State
143. No compensation is payable to a person in respect of a firearm or ammunition forfeited to the State in terms of this Act if the relevant licence, permit or authorisation held by that person was cancelled in terms of this Act because that person -
(a) committed any offence;
(b) was declared unfit to possess a firearm;
(c) failed to comply with the provisions of this Act; or
(d) failed to comply with a condition in the relevant licence permit or authorisation.
Circumstances where compensation is not payable in respect of firearms and ammunition seized by the State
144. No compensation is payable to a person in respect of a firearm or ammunition seized by the State because -
(a) no licence, permit or authorisation had been issued to that person in terms of this Act;
(b) the firearm or ammunition was for any other reason unlawfully in the possession of that person; or
(c) the firearm or ammunition was lost by or stolen from the lawful owner thereof and where the Registrar is satisfied that the loss or theft was caused by the negligence of the lawful owner.
Compensation is not payable where firearms or ammunition are destroyed by the State
145.(1) The Registrar may in respect of any firearm or ammunition seized by, surrendered to or forfeited to the State, issue a notice in the Gazette that it is the intention of the State to destroy that firearm or ammunition.
(2) A person who has a valid claim to the relevant firearm or ammunition may, within 21 days after the publication of the notice in the Gazette, make representations to the Registrar why the firearm or ammunition should not be destroyed.
(3) If the Registrar is not satisfied, after consideration of any representations contemplated in subsection (2), that a valid claim to the relevant firearm or ammunition has been proved, the firearm or ammunition may be destroyed and no compensation will be payable to anyone in respect thereof.
Applications for compensation
146.(1) A person whose firearm has been surrendered or forfeited to the State in circumstances other than those referred to in sections 143, 144 and 145 may make application to the Registrar, completed in the prescribed form, for compensation in respect of that firearm.
(2) On receipt of an application for compensation made in terms of this Act the Registrar must -
(a) satisfy himself or herself that compensation is payable in terms of this Chapter;
(b) if compensation is payable, attempt to agree with the applicant the amount of compensation to be paid; and
(c) if compensation is payable, but no compensation is agreed, determine the amount of compensation to be paid.
(3) An applicant for compensation may appeal against a decision of the Registrar made in terms of subsection (2)(c).
(4) On receipt of an appeal lodged in terms of subsection(3) the Appeal Board must -
(a) hear the applicant and the Registrar; and
(b) determine the amount of compensation to be paid.
(5) The Minister must, in consultation with the Minister of Finance, as soon as practicable, establish guidelines for the payment of compensation, taking into account -
(a) the financial constraints on the State and its ability to meet actual and anticipated claims for compensation; and
(b) the interests of persons who have applied or may in the future apply for compensation.
(6) The guidelines referred to in subsection (5) bind -
(a) the Registrar when he or she agrees or determines compensation in terms of subsection (2); and
(b) the Appeal Board when it determines compensation in terms of subsection (4).
Definition
147. In this Chapter "amnesty" means an indemnity against prosecution for the unlawful possession of a firearm or ammunition.
Amnesty
148.(1) The Minister may, by notice in the Gazette, declare an amnesty if he or she is satisfied that -
(a) the amnesty may result in the reduction of the number of illegally possessed firearms in South Africa; and
(b) it is in the public interest to do so.
(2) A notice contemplated in subsection(1) must -
(a) 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;
(b) specify the period during which persons may apply for amnesty; and
(c) specify the conditions under which amnesty may be granted.
(3) A person who surrenders a firearm or ammunition in compliance with a notice published in terms of subsection (1) may not be prosecuted -
(a) in relation to the firearm, for having been in possession of that firearm without the appropriate licence, permit or authorisation; or
(b) in relation to the ammunition, for having been in possession of that ammunition without having been in lawful possession of a firearm capable of firing the ammunition.
(4) (a) A person who surrenders a firearm in compliance with a notice published in terms of subsection (1) may apply in terms of this Act for a licence in respect of that firearm.
(b) If a licence is granted the firearm and any relevant ammunition surrendered in terms of this Act must be returned to the relevant licence holder.
(5) The Registrar must dispose of any firearm or ammunition surrendered in compliance with a notice in terms of subsection (1) in such manner as may be prescribed.
Firearm free zones
149.(1) The Minister may, after consultation with the National Commissioner and the Secretary for Safety and Security, if he or she is satisfied that -
(a) it is in the public interest; and
(b) it is in accordance with the objects of this Act,
by notice in the Gazette declare any premises or categories of premises to be firearm free zones.
(2) No person may, unless authorised to do so in terms of a notice issued in terms of subsection (1) -
(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
(c) store any firearm or ammunition in a firearm free zone.
(3) A police official may, without warrant -
(a) search any building or premises in a firearm free zone if he or she has a reasonable suspicion that a firearm or ammunition may be present in the firearm free zone in contravention of a notice issued in terms 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 on the person in contravention of a notice issued in terms of subsection (1).
Emergency provisions
150.(1) Notwithstanding the provisions of this Chapter, the Minister may, if he or she considers it to be necessary in the interest of public safety or the maintenance of law and order -
(a) by notice in the Gazette prohibit or regulate, for a period specified in the notice -
(i) the supply; and
(ii) the transportation
within a particular area of firearms and ammunition, or firearms and ammunition of a particular class;
(b) by notice in the Gazette, direct all persons, or licenced dealers or authorised manufacturers, within a particular area or a class of such persons, or licenced dealers or authorised manufacturers within a particular area, to surrender, in accordance with directions in the notice, all firearms or ammunition within their possession, or all firearms or ammunition of a particular class within their possession; and
(c) by notice in writing to any particular licenced dealer or authorised manufacturer, direct him or her to surrender, in accordance with directions in the notice, all firearms and ammunition in his or her possession, or all firearms and ammunition of a particular class in his or her possession.
Use of firearms
151. Notwithstanding any limitation on the use of a firearm licenced in terms of this Act, the firearm may also be used -
(a) to euthanase or slaughter animals if it is suitable for that purpose; and
(b) for such purposes and in accordance with such requirements as may be prescribed.
Retrospectivity of this Act
152.(1) This Act applies retrospectively and applies to offences committed before this Act comes into operation if the relevant conduct would also have constituted an offence before this Act comes into operation.
(2) Any reference in this Act to an offence or any other form of conduct of a person includes an offence committed or conduct of a person before this Act comes into operation.
(3) Notwithstanding the retrospective application of this Act, any penalty imposed, in terms of this Act, in respect of conduct before the date when this Act comes into operation, may not exceed the maximum penalty which could have been imposed before that date.
Delegation of powers and functions
153.(1) The Registrar may delegate any power or function conferred on him or her in terms of this Act to any official in the service of the State.
(2) An official to whom a power or function has been delegated in terms of subsection (1) must exercise the power or perform the function subject to the control and directions of the Registrar.
(3) The Registrar may, notwithstanding a delegation in terms of subsection (1), personally exercise the power or perform the duty delegated to another official.
Designation as police officials
154. The Minister may in writing designate any persons or categories of persons employed by the State as police officials for the purposes of this Act.
Service of documents
155.(1) Any notice or other document to be served on or given to any person in terms of this Act may be -
(a) delivered to that person;
(b) left at that person's usual or last known place of residence or business;
(c) left at an address specified by that person for the purpose of any application made in terms of this Act;
(d) posted by certified mail addressed to that person by name at that person's last known place of residence or business or at a postal address specified by that person for the purpose of any application made in terms of this Act;
(e) delivered to any legal representative or other agent of that person who is duly authorised by that person to receive it;
(f) if the relevant person is deceased, delivered to that person's legal representative, to the executor of his or her will or to any other representative; or
(g) if the relevant person is absent from South Africa, delivered to that person's legal representative or agent in South Africa or served in such manner as may be prescribed by regulation.
(2) This section does not apply to notices or other documents served or given during the course of any proceedings in a court of law.
Return of service
156. A document purporting to be signed by a police official or person authorised by the Registrar; and indicating that the service was effected in accordance with section 155(1) by the person who has signed the document, is upon its mere production by any person, prima facie proof
of service of the notice or other document.
Regulations
157.(1) The Minister may, by notice in the Gazette, from time to time, make regulations for all or any of the following purposes -
(a) Regulating the surrendering of firearms and ammunition to the South African Police Service;
(b) regulating the application and issue and renewal of competency certificates and firearms licences;
(c) regulating the application, issue and renewal of dealer's licences, manufacturer's licences and import, export and transit permits and the making of endorsements on such licences and permits;
(d) regulating the application, issue and renewal of gunsmith licences and making of endorsements on such licences;
(e) regulating the application for and the issuing of accreditations, as well as the cancellation of accreditations in terms of this Act;
(f) prescribing the manner and content of applications for competency certificates, licences, permits, authorisations, accreditations and of any other application in terms of this Act, and requiring such applications to be supported by statutory declarations, certificates and by other documents or information as may be prescribed;
(g) the production of any firearm to which any application relates for the purpose of identification, and the firing of ammunition for identification purposes and the person to whom an application must be submitted;
(h) providing for applicants for competency certificates or firearms licences to pass theoretical and practical tests as to their ability to handle firearms or to undergo courses of training designed to teach them to handle firearms safely;
(i) prescribing conditions and requirements to which competency certificates, licences, permits, authorisations and endorsements are subject;
(j) prescribing or providing for the determination of fees payable in respect of any competency certificate, licence, permit or authorisation or renewal of such competency certificate, licence, permit or authorisation or other matter in terms of this Act, the manner of assessing such fee and the other matters in respect of which fees are payable;
(k) prescribing forms of applications, competency certificates, licences, permits, authorisations, endorsements, registers, notices and other documents required for the purpose of this Act, or authorising the Registrar to prescribe or approve such forms, and requiring the use thereof;
(l) prescribing the information and particulars to be recorded in the prescribed registers and in the prescribed manner by licenced dealers, manufacturers, gunsmiths, and importers or exporters of firearms and ammunition;
(m) making provision for the security of any premises at which licenced dealers, manufacturers, gunsmiths, importers and exporters of firearms and ammunition, Official Institutions or persons who use firearms for business purposes conduct business and prescribing precautions and procedures to be taken to prevent the theft or abuse of firearms and ammunition in possession of such persons;
(n) prescribing precautions and procedures to be taken in respect of the carriage, use and safe custody or destruction of firearms and ammunition;
(o) making provision for the marking of firearms and ammunition with identifying marks before the issue of a licence, permit or authorisation or before such firearms and ammunition are imported or exported;
(p) enabling the Registrar to designate certain police officials or categories of police officials to issue competency certificates, licences, permits, authorisations or grant endorsements or to perform any other function prescribed by this Act;
(q) conferring or providing for exemptions from any provision of any regulation made under this Act;
(r) prescribing the manner in which and the forms on which an appeal must be lodged in terms of section 142;
(s) prescribing the particulars and information to be recorded in the Central Firearms Register by the Registrar under this Act and the matters in respect of which such particulars and information must be recorded;
(t) making provision for the surrender and disposal of competency certificates, licences, permits or authorisations issued in terms of this Act which have been suspended, revoked or cancelled or have ceased to be valid;
(u) prescribing the notification of a permanent change in the ordinary place of residence or the postal address or other circumstances of the holder of a competency certificate, licence, permit or authorisation;
(v) prescribing the acquisition, disposal, possession, importation or exportation of equipment and material designed for the charging or recharging of ammunition;
(w) providing for the reporting and control measures by any person in his or her capacity as executor, administrator, trustee, or liquidator of the estate of the former owner of firearms and ammunition of such firearms and ammunition;
(x) prescribing the period and conditions of office, remuneration, allowances and other benefits of the members of the Appeal Board;
(y) prescribing the quorum for the procedure at and the holding of meetings of the Appeal Board which may include a quorum for separate meetings of the Appeal Board and its committees;
(z) prescribing the requirements with which safes, strongrooms or devices for the safe-keeping of a firearm or ammunition must comply, which may include the safe keeping of the keys thereof;
(aa) prescribing -
(i) shooting ranges defined by the Minister for the purposes of this paragraph, the control and regulation of shooting-ranges, whether indoors or in the open, the approval of persons employed at such ranges, the standards and safety requirements with which such ranges must comply, the places where such ranges may or may not be established, and the types of firearms and ammunition which may be used thereat;
(ii) the periods within which existing ranges must comply with the requirements of the regulations referred to in subparagraph (i); and
(iii) the closure of ranges which do not comply with the prescribed requirements or at which such requirements are not being complied with;
(bb) the declaration of persons or categories of persons as dedicated collectors of firearms and ammunition, dedicated collectors of ammunition, occasional hunters, dedicated hunters or dedicated sports persons, subject to such terms, conditions, restrictions, directions or exemptions as may be determined, including the particulars or information to be furnished by such persons in an application to possess firearms and ammunition, any document which must accompany such application, the registration of such persons and the acquisition and disposal of firearms and ammunition by such persons;
(cc) prescribing the procedure to enable the Registrar to deal with unsafe firearms;
(dd) providing for the taking of fingerprints in respect of any application in terms of this Act if the Registrar deems it necessary;
(ee) making provisions for issues relating to the persons who acquire firearms and ammunition by way of inheritance subject to such terms, conditions, restrictions, directions or exemptions as may be specified;
(ff) prescribing, in addition to these referred to in this Act, the purposes for which a firearm classified for dedicated hunting or sports shooting may be used;
(gg) prescribing the information and particulars to be recorded in the registers by accredited hunting associations and sports-shooting clubs;
(hh) prescribing the information to be recorded in the annual report submitted to the Registrar by accredited hunting associations and sports-shooting clubs;
(ii) prescribing those prohibited or restricted firearms and ammunition that may be licenced to a person that may be kept in a private collection or public collection;
(jj) prescribing the safety measures applicable to the display of firearms and ammunition licenced for private and public collections;
(kk) prescribing the information to be submitted annually to the Minister in respect of temporary authorisations to possess a firearm;
(ll) prescribing the steps the Registrar must take before granting an application for the renewal of a licence;
(mm) prescribing, in addition to the information mentioned in the Act, other information relating to a change of circumstances regarding licenced dealers, manufacturers and gunsmiths;
(nn) prescribing the requirements of workstations to be established and maintained by licenced dealers, manufacturers, gunsmiths and a head of an Official Institution;
(oo) prescribing the form of application to replace a defaced, lost or stolen dealer's licence, manufacturers licence and gunsmiths licence;
(pp) prescribing matters related to the disposal of firearms and ammunition through licenced dealers;
(qq) prescribing work done on a firearm by a gunsmith;
(rr) prescribing the information and particulars to be recorded in the prescribed register and in the prescribed manner by the head of an Official Institution;
(ss) prescribing the procedures to be followed by the Registrar when declaring a person unfit to possess a firearm;
(tt) prescribing the manner of disposal of a firearm on the death of the licence holder;
(uu) prescribing the manner in which a person may carry a firearm in a public place;
(vv) prescribing the periods for which, the manner in which and by whom documentation contemplated in this Act must be retained;
(ww) to provide for the payment of fees in respect of -
(i) certification in accordance with the provisions of this Act;
(ii) the issuing of licences, permits and authorisations in terms of this Act; and
(iii) any other service which may be rendered in terms of this Act;
(xx) prescribing any other matter that may be prescribed in terms of this Act;
(yy) to provide for any other matter which may, in terms of this Act, be provided for by regulation; and
(zz) to provide for any other matter that the Minister may consider expedient to promote the purposes of this Act.
(2) The regulations made in terms of subsection (1) may prescribe penalties for any failure to comply therewith, of a fine or imprisonment not exceeding 12 months or both such fine and such imprisonment.
(3) A regulation regarding state revenue or expenditure may be made only with the concurrence of the Minister of Finance.
(4) Different regulations, other than regulations relating to the payment of fees, may be made with reference to different areas in South Africa.
Disposal of firearms in case of ceasing to carry on business
158.(1) For the purposes of this section "ceases to carry on business" includes, but is not limited to, ceasing to carry on business by reason of insolvency, liquidation, curatorship or death.
(2) If a person who holds a licence, permit or authorisation for the purpose of conducting a business or who holds a licence, permit or authorisation for business use, ceases to carry on business for any reason -
(a) the firearms and ammunition in possession of that person must be kept in safe custody at a place designated by the Registrar, until they are disposed of in accordance with such regulations as may be prescribed and with the directions of the Registrar; and
(b) any person who disposes of a firearm in terms of paragraph (a) must notify the Registrar in writing thereof.
Disposal of firearms in case of death
159.(1) In the case of the death of the holder of a firearms licence, the firearm must be disposed of in accordance with such regulations as may be prescribed and with the directions of the Registrar.
(2) The executor of the will of a deceased person or the administrator of a deceased estate who comes into possession of a firearm licenced to the deceased must store the firearm in accordance with such regulations as may be prescribed.
(3) A person who, on the death of the holder of a licence, permit or authorisation, becomes entitled to the relevant firearm must -
(a) if he or she wishes to acquire the firearm, apply for an appropriate licence, permit or authorisation in terms of this Act; or
(b) if he or she does not wish to acquire the firearm, or fails to obtain the appropriate licence, permit or authorisation, dispose of them in accordance with such regulations as may be prescribed and with the directions of the Registrar.
(4) Any person who disposes of a firearm in terms of this section must notify the Registrar in writing thereof.
Inherited firearms
160.(1) For the purposes of this section "relative" means a spouse, child, parent, grandparent, uncle, aunt, brother or sister.
(2) Notwithstanding the provisions of sections 3 and 159, a person who inherits a firearm or firearms from his or her relative may have those firearms in his or her possession, if -
(a) the firearm is not a prohibited or restricted firearm; and
(b) he or she obtains a permit referred to in subsection (3).
(3) The Registrar may, on application, completed in the prescribed form, issue to a person a permit to possess a firearm or firearms inherited from his or her relative.
(4) A firearm in respect of which a permit is issued in terms of this section may not be used unless a licence in terms of this Act has been issued in respect of that firearm.
(5) If a licence is issued in respect of any firearm contemplated in this section, all the relevant provisions of this Act shall apply in respect of that licence and firearm.
Compulsory destruction of firearms by the State
161.(1) A firearm may only be destroyed in accordance with such regulations as may be prescribed.
(2) Any firearm or ammunition forfeited to the State in terms of this Act -
(a) must be destroyed by the State within six months of the date of the forfeiture; and
(b) will remain the property of the owner thereof pending its destruction.
(3) (a) Notwithstanding the provisions of subsection (2), the State may retain any firearm or ammunition forfeited to the State, which the Registrar deems to be of special value.
(b) (i) Any firearm or ammunition retained by the Registrar in terms of paragraph (a) shall become the property of the State.
(ii) Subject to the provisions of Chapter 19, the owner of any firearm or ammunition which becomes the property of the State in terms of this subsection shall be entitled to compensation therefor in terms of this Act.
Deactivation of firearms
162.(1) For the purposes of this section "to deactivate" means to render permanently inoperable and "deactivation" has a corresponding meaning.
(2) A firearm may only be deactivated in accordance with such regulations as may be prescribed.
(3) Only a licenced gunsmith may deactivate a firearm.
(4) If a firearm is deactivated by a gunsmith -
(a) the gunsmith must issue a certificate to that effect indicating the manner in which the deactivation was performed;
(b) the licence holder must notify the Registrar thereof within 14 days and at the same time forward to him or her a copy of the deactivation certificate; and
(c) the gunsmith must notify the Registrar thereof within 14 days and at the same time forward to him or her a copy of the deactivation certificate.
Jurisdiction of magistrates' courts
163. Notwithstanding any law to the contrary any magistrate's court has jurisdiction to impose any penalty provided for in terms of this Act.
Amendment and repeal of laws
164. Subject to the provisions of Schedule 1, the previous Act is hereby repealed.
Act to bind State
165. Subject to any specific provisions to the contrary, this Act binds the State.
Short title and commencement
166.(1) This Act is called the Firearms Control Act, 1999, and comes into effect on a date to be fixed by the President by proclamation in the Gazette.
(2) Different dates may be so fixed in respect of different provisions of this Act.