Existing licence to possess an arm
1.(1) Subject to subitem (2) and item 11, any licence, which was issued in terms of the previous Act and which was valid immediately before the date of the commencement of this Act, remains valid for a period of five years from the date this Act comes into operation, unless terminated, cancelled or surrendered in terms of this Act.
(2) (a) The holder of a licence to possess an arm contemplated in subitem (1) must, before the end of the period contemplated in that subitem, in a lawful manner dispose of any firearms in his or her possession in excess of the number that he or she may lawfully possess in terms of this Act.
(b) For the purpose of paragraph (a), section 32 does not apply.
(3) Any firearm not disposed of as contemplated in subitem (2) may be forfeited to the State and must be disposed of in such manner as the Registrar may direct.
Existing dealer's licence
2. Subject to item 11, any licence issued in terms of section 19(1) or transferred in terms of section 20 of the previous Act or any temporary licence issued in terms of section 19A(1) of the previous Act, which was valid immediately before the date of commencement of this Act, remains valid for one year from that date, unless terminated, cancelled or surrendered in terms of this Act.
Existing permit for importation or exportation of arms and ammunition
3. Subject to item 11, any permit issued in terms of section 26(1) or 32(1) of the previous Act, which was valid immediately before the commencement of this Act, remains valid for the period specified in that permit, unless terminated, cancelled or surrendered in terms of this Act.
Existing permit for manufacture of arms and ammunition
4. Subject to item 11, any permit issued in terms of section 30 of the previous Act, which was valid immediately before the commencement of this Act, remains valid for one year from that date, unless terminated, cancelled or surrendered in terms of this Act.
Existing authorisations and certain existing permits
5. Subject to item 11, any authorisation issued in terms of section 3(5) or 33A(1) of the previous Act or any permit issued in terms of the previous Act other than a permit contemplated in item 3 or 4, which was valid immediately before the commencement of this Act, remains valid for the period specified in the authorisation or permit, as the case may be, unless terminated, cancelled or surrendered in terms of this Act.
Person unfit to possess an arm
6.(1) Any person declared to be unfit to possess an arm in terms of the previous Act must be regarded as having been declared unfit to possess an arm in terms of this Act.
(2) Despite items 1, 2, 3, 4 and 5, any person holding a licence contemplated in any of those items may in terms of this Act be declared unfit to possess a firearm.
Register kept by Commissioner in terms of previous Act
7.(1) The register kept in terms of section 42 of the previous Act may be maintained by the Registrar for such period as may be necessary.
(2) A certificate purporting to be signed by the Commissioner or any person acting under his or her authority stating any fact recorded in the register referred to in subitem (1) is upon its mere production by any person, prima facie proof of the fact so stated.
Matters pending under previous Act
8.(1) Subject to subitems (2) and (3), this Act does not affect any matter instituted in terms of the previous Act which is pending in a court of law immediately before the date of commencement of this Act, and such matter must be disposed of in the court in question as if this Act had not been passed.
(2) A matter must be regarded as being pending if the person concerned has pleaded to the offence in question.
(3) No matter may continue against any person in respect of any contravention of a provision of the previous Act if the alleged act or omission constituting the offence would not have constituted an offence if this Act had been in force at the time when the act or omission took place.
Investigations by Commissioner under previous Act
9.(1) An investigation by the Commissioner in terms of the previous Act which has on the date this Act took effect not been completed, must be discontinued.
(2) Any act or omission committed prior to the coming into operation of this Act, which constituted grounds for declaring a person unfit to possess an arm, must be deemed as grounds in terms of which a person may be declared unfit to possess a firearm in terms of this Act and may be dealt with in terms of this Act.
Consideration of validity of existing licence, permit and authorisation
10.(1) Despite this Schedule, the Registrar may at any time notify any person who holds a licence, permit or authorisation contemplated in item 1, 2, 3, 4 or 5 that he or she intends investigating the validity of that licence, permit or authorisation.
(2) The person notified must on a date specified in the notice furnish the Registrar -
(a) with the original licence, permit or authorisation in question, against the issue of a receipt; and
(b) with such additional information as may be required in terms of the notice.
(3) If the Registrar finds that the licence, permit or authorisation was not validly issued, the holder of the licence, permit or authorisation must, if applicable and against the issue of a receipt, surrender the firearm in question to a police official at a police station specified by the Registrar in a written notice to the holder.
(4) Upon receipt the firearm must be disposed of as prescribed.
(5) The Registrar may declare the holder referred to in subitem (3) to be unfit to possess a firearm, in which case the provisions of Chapter 12 of this Act apply with the necessary changes.
(6) Any person who fails to comply with subitem (2) or (3) is guilty of an offence and is liable on conviction to a fine, or to imprisonment for a period not exceeding one year or to both such fine and imprisonment.
Renewal of licence
11.(1) (a) The holder of a licence, permit or authorisation contemplated in item 1, 2, 3, 4 or 5 must apply for the licence, permit or authorisation in terms of this Act within the period determined by the Minister by notice in the Gazette.
(b) Different periods may be determined in terms of paragraph (a) in respect of -
(i) different licences, permits or authorisations; and
(ii) holders whose surnames start with different letters of the alphabet, or whose dates of birth fall in different months.
(c) The period contemplated in paragraph (a) must end before the end of the relevant period contemplated in item 1(1) and may not exceed the periods contemplated in item 2, 3, 4 or 5.
(2) An application for a licence, permit or authorisation contemplated in subitem (1) must in addition to any requirement in terms of this Act be accompanied by -
(a) the existing licence, permit or authorisation or a certified copy thereof;
(b) such other information as may be required.
(3) For the purposes of this item, section 10(4)(o) does not apply.
(4) (a) If the holder of a licence, permit or authorisation fails to apply for the renewal of his or her licence, permit or authorisation before the end of the period determined by the Minister in terms of subitem (1), the Registrar may impose upon him or her a fine not exceeding R 100 for every month during which such failure continues.
(b) The Registrar may not impose the fine before such holder has been afforded an opportunity of making representations in writing to the Registrar setting out the reason for the failure to make such application.
- in terms of this Act or the previous Act;
- involving the abuse of alcohol or drugs;
- involving dealing in drugs;
- in terms of the Domestic Violence Act, 1998; or
- involving violence or dishonesty,
- in terms of the Explosive Act, 1956.
and which is not an offence for which a court is obliged in terms of section 110(2) to declare a person unfit.
16. Any conspiracy, incitement or attempt to commit any offence referred to in this Schedule
| Section | Reference to nature of failure to comply with provision | Nature of contravention | Max period of imprisonment | (a) Maximum administrative fine (b) Other administrative sanctions |
| 3 | A person in possession of a firearm without a valid licence, permit or authorisation issued in terms of this Act | Criminal offence | 15 years | - |
| 4 | A person in possession of a prohibited firearm | Criminal offence | 25 years | - |
| 6(1) | Failure by a licenced dealer to keep a register of antique firearms | Administrative transgression | - | (a)First transgression -R 5 000 Further transgressions - R 10 000 |
| 6(2) | Failure by a licenced dealer to record particulars relating to the dealer's acquisition, possession and disposal of antique firearms in accordance with such regulations as may be prescribed | Administrative transgression | - | (a)First transgression - R 5 000 Further transgressions - R 10 000 |
| 6(3) | A person displaying or storing an antique firearm other than - (a)in an accredited museum; (b)in the residence or building of the person or institution in lawful possession of that antique firearm; (c)in a building approved by the Registrar and in compliance with such conditions which the Registrar may specify |
Administrative transgression | - | (a)First transgression - R 5 000 Further transgressions - R 10 000 |
| 6(4) | A person discharging an antique firearm on premises other than that of an accredited shooting-range or on such other premises which the Registrar may approve | Administrative transgression | - | (a)First transgression - R 5 000 Further transgressions -R 10 000 |
| 6(5) | A person disposing of an antique firearm other than through a licenced dealer | Administrative transgression | - | (a)First transgression - R 5 000 Further transgressions - R 10 000 |
| 7(1) | Failure by a licenced dealer to keep a register of airguns | Administrative transgression | - | (a)First transgression - R 5 000 Further transgressions - R 10 000 |
| 7(2) | Failure by a licenced dealer to record the particulars relating to the dealer's acquisition, possession and disposal of airguns in accordance with such regulations as may be prescribed | Administrative transgression | - | (a)First transgression - R 5 000 Further transgressions - R 10 000 |
| 7(4) | A person disposing of an airgun other than through a licenced dealer | Administrative transgression | - | (a)First transgression - R 5 000 Further transgressions - R 10 000 |
| 14(6) | A restricted firearm licenced for self-defence purposes used for other purposes | Criminal offence | Five years | - |
| 15(5) | A firearm licenced for self-defence used - (a)for purposes other than self-defence purposes; (b)for purposes other than sporting purposes on the premises of an accredited shooting range and not in accordance with the rules of that shooting range; (c)in contravention of such regulations as may be prescribed |
Administrative transgression | - | (a)First transgression - R 5 000 Further transgressions - R 10 000 |
| 16(6) | A firearm licenced for occasional hunting or occasional sporting purposes
used - (a)for purposes other than hunting and sporting purposes; (b)on premises not suitable for hunting or of an accredited shooting-range and not in accordance with the rules of that shooting range (c)in contravention of such regulations as may be prescribed |
Administrative transgression | - | (a)First transgression - R 5 000 Further transgressions - R 10 000 |
| 17(6) | A firearm licenced for dedicated hunting used - (a)for purposes other than hunting or sporting purposes; (b)on premises not suitable for hunting or on an accredited shooting-range and not in accordance with the rules of that shooting range (c)in contravention of such regulations as may be prescribed |
Administrative transgression | - | (a)First transgression - R 5 000 Further transgressions - R 10 000 |
| 17(7) | Failure by an accredited hunting association to - (a)keep a register which contains the information as prescribed; (b)submit an annual report to the Registrar containing the information as prescribed |
Administrative transgression | - | (a)First transgression - R 5 000 Further transgressions - R 10 000 |
| 18(5) | A firearm licenced for dedicated sports-shooting used - (a)for purposes other than hunting or sporting purposes; (b)on premises not suitable for hunting or on an accredited shooting-range and not in accordance with the rules of that shooting range (c)in contravention of such regulations as may be prescribed |
Administrative transgression | - | (a)First transgression - R 5 000 Further transgressions - R 10 000 |
| 18(6) | Failure by an accredited sports-shooting association to - (a)keep a register which contains such information as may be prescribed; (b)submit an annual report to the Registrar which contains such information as may be prescribed |
Administrative transgression | - | (a)First transgression - R 5 000 Further transgressions - R 10 000 |
| 19(6) | Failure by a private collector to keep the relevant firearms or ammunition at the place specified in the licence or permit | Administrative transgression | - | (a)First transgression - R 15 000 Further transgressions - R 25 000 |
| 19(7) | Failure by a private collector to display the firearms and ammunition in accordance with such safety measures as may be prescribed by regulation | Administrative transgression | - | (a)First transgression - R 15 000 Further transgressions - R 25 000 |
| 19(8) | Use of a firearm licenced for collecting purposes without the authorisation of the Registrar | Criminal offence | Five years | - |
| 19(9) | A firearm licenced for a private collection used - (a)on premises other than that of an accredited shooting-range and not in accordance with the rules of that shooting range; (b)in contravention of the written authorisation issued by the Registrar |
Administrative transgression | - | (a)First transgression - R 5 000 Further transgressions - R 10 000 |
| 19(10) | A person using ammunition forming part of a private collection | Criminal offence | Five years | - |
| 19(11) | A private collector of ammunition in possession of more than 200 rounds of ammunition of any particular calibre | Criminal offence | Five years | - |
| 19(13)(b) | Failure by a partnership or juristic person licenced as a private collector to apply to the Registrar to replace the nominated person due to the death or otherwise inability of the nominated person to continue to hold the licence on its behalf | Administrative transgression | - | (a)First transgression - R 5 000 Further transgressions - R 15 000 |
| 20(4) | Failure by a public collector to keep the relevant firearms or ammunition at the place specified in the licence or permit | Administrative transgression | - | (a)First transgression - R 15 000 Further transgressions - R 25 000 |
| 20(5) | Failure by a public collector to display firearms and ammunition - (a)in an accredited museum; (b)in accordance with such safety measures as may be prescribed by regulation |
Administrative transgression | - | (a)First transgression - R 15 000 Further transgressions - R 25 000 |
| 20(6) | A firearm licenced to a public collector used without the authorisation of the Registrar | Criminal offence | Five years | - |
| 20(7) | A firearm licenced to a public collector authorised for use and used - (a)on premises other than that of an accredited shooting-range and not in accordance with the rules of that shooting range; (b)in contravention of the written authorisation issued by the Registrar |
Administrative transgression | - | (a)First transgression - R 5 000 Further transgressions - R 10 000 |
| 20(8) | A person using ammunition forming part of a public collection | Criminal offence | Five years | - |
| 20(9) | A public collector of ammunition in possession of more than 200 rounds of ammunition of any particular calibre | Criminal offence | Five years | - |
| 20(11)(b) | Failure by a partnership or juristic person licenced as a public collector to apply to the Registrar to replace the nominated person due to the death or inability of the nominated person to continue to hold the licence on its behalf | Administrative transgression | - | (a)First transgression - R 5 000 Further transgressions - R 15 000 |
| 21(5) | A person using a firearm licenced for business purposes for purposes other than that specified in the licence | Criminal offence | Five years | - |
| 21(6) | A licence holder of a firearm licenced for business purposes providing a firearm for use by another person in contravention of such conditions as may be prescribed by regulation | Criminal offence | Five years | - |
| 21(8)(b) | Failure by a partnership or juristic person licenced for business purposes to apply to the Registrar to replace the nominated person due to the death or inability of the nominated person to continue to hold the licence on its behalf | Administrative transgression | - | (a)First transgression - R 5 000 Further transgressions - R 15 000 |
| 21(12) | Failure by remaining partners to make application in the prescribed form for an endorsement of the licence after a licenced partner ceases to be a partner | Administrative transgression | - | (a)First transgression - R 5 000 Further transgressions - R 15 000 (b)Forfeiture of firearms and ammunition in stock |
| 21(13) | Failure by remaining members or directors of a licenced juristic person to make application in the prescribed form for an endorsement of the licence after a licenced member or director ceases to be a member or director | Administrative transgression | - | (a)First transgression - R 5 000 Further transgressions - R 15 000 (b)Forfeiture of firearms and ammunition in stock |
| 21(14) | Failure by a licenced partnership to apply for an amendment of the licence to include a new partner | Administrative transgression | - | (a)First transgression - R 5 000 Further transgressions - R 15 000 (b)Forfeiture of firearms and ammunition in stock |
| 21(15) | Failure by a licenced juristic person to apply for an amendment of the licence to include a new member or director | Administrative transgression | - | (a)First transgression - R 5 000 Further transgressions - R 15 000 (b)Forfeiture of firearms and ammunition in stock |
| 22(1) | A security company providing a firearm to a security officer who does not hold a valid competency certificate | Criminal offence and administrative transgression | 25 years | (a)R 150 000 (b)Forfeiture of firearms and ammunition in stock |
| 22(2) | A security officer being in possession or in control of a firearm without holding a valid competency certificate | Criminal offence | 10 years | - |
| 22(3) | Failure by a security officer to carry, store and use a firearm in accordance with such regulations as may be prescribed | Criminal offence | 10 years | - |
| 22(4) | Failure by a security company to keep a register in the prescribed form of all firearms in its possession, including but not limited to the particulars of firearms acquired by it and disposed of by it | Criminal offence and administrative transgression | Five years | (a) First transgression - R 50 000 Further transgressions - R 75 000 (b)Forfeiture of firearms and ammunition in possession of security company |
| 22(5) | Failure by a security company to store and transport firearms in accordance with prescribed regulations | Administrative transgression | - | (a)First transgression - R 50 000 Further transgressions - R 75 000 (b)Forfeiture of firearms and ammunition in possession of security company |
| 23(6) | Use of a firearm possessed in terms of a temporary authorisation - (a)without the Registrar's endorsement on the authorisation allowing its use; (b)in contravention of the conditions imposed by the Registrar |
Criminal offence | Five years | - |
| 23(7) | Disposal of a firearm possessed in terms of a temporary authorisation without the written consent of the Registrar or contrary to the conditions as he or she may impose | Criminal offence | Five years | - |
| 24(5) | A person erasing, altering or in any other manner tampering with the manufacturer's serial number or any other identification number on a firearm | Criminal offence | 10 years | - |
| 24(6) | Failure by a person to notify the Registrar of a firearm in his or her possession of which the manufacturer's serial number or other identification number has been erased, altered or tampered with | Criminal offence | Five years | - |
| 26(1) | Failure by a holder of a firearms licence to notify the Registrar of any change in his or her physical or postal address within 30 days of such change occurring | Administrative transgression | - | (a)First transgression - R 5 000 Further transgressions - R 10 000 |
| 27(2) | Failure by a holder of a firearms licence to submit any information relating to a change of circumstances to the Registrar within 30 days of such change occurring | Administrative transgression | - | (a)First transgression - R 5000 Further transgressions - R 15 000 |
| 29(3)(b) read with (4) |
Failure by a former licence holder to immediately surrender the forfeited firearms and ammunition after the expiry of the period allowed for the disposal of such firearms or ammunition | Criminal offence | 10 years | - |
| 30(1) | Failure by the holder of a firearms licence to inform the Registrar within 24 hours of the discovery of the loss or theft of such licence | Administrative transgression | - | (a)R 5 000 |
| 30(2) | Failure by the holder of a firearms licence to apply in the prescribed form for a copy of the licence | Administrative transgression | - | (a)R 5 000 |
| 30(3) | Failure by the holder of a firearms licence to apply in the prescribed form for a copy of the licence within seven days of discovery of the defacement, loss or theft of the firearm licence | Administrative transgression | - | (a)R 5 000 |
| DEALERS | ||||
| 32(1) | A person dealing in firearms or ammunition without a valid dealer's licence | Criminal offence | 25 years | - |
| 32(2) | Failure to dispose of a firearm or ammunition through a licenced dealer or as otherwise provided for in this Act | Criminal offence and administrative transgression | 25 years | (a)R 150 000 (b)Forfeiture of firearms and ammunition in stock |
| 32(3) | Failure by a person to notify the Registrar in writing of the disposal of a firearm | Criminal offence | 15 years | - |
| 33(2) | A person trading on behalf of a licenced dealer without being in possession of the appropriate competency certificate | Administrative transgression | - | (a)First transgression - R 50 000 Further transgressions - R 75 000 (b)Forfeiture of firearms and ammunition held in stock |
| 37(6) | Failure by a licenced dealer to comply with the requirements under which a temporary authorisation to deal in firearms and ammunition was issued | Administrative transgression | - | (a)First transgression-R 5 000 Further transgressions -R 10 000 |
| 39(2) | Failure by a licenced dealer licence to submit any information relating to a change of circumstances to the Registrar within 14 days after the change occurring | Administrative transgression | - | (a)First transgression - R 5000 Further transgressions - R 15 000 |
| 40(1) | Failure by a licenced dealer to deal in firearms or ammunition on the premises specified in the dealer's licence | Administrative transgression | - | (a)First transgression - R 50 000 Further transgressions - R 75 000 (b)Forfeiture of firearms and ammunition held in stock |
| 40(2) | A licenced dealer permitting a person who is not in possession of the appropriate competency certificate to deal in firearms and ammunition on its behalf | Administrative transgression | - | (a)First transgression - R 50 000 Further transgressions - R 75 000 (b) Forfeiture of firearms and ammunition held in stock |
| 40(3) | Failure by a licenced dealer to keep at the premises specified in the dealer's licence the required registers containing such information as may be prescribed | Criminal offence and administrative transgression | Five years | (a)First transgression-R 50 000 Further transgressions -R 75 000 (b) Forfeiture of firearms and ammunition held in stock |
| 40(4) | Failure by a licenced dealer to keep his or her dealer's licence on the premises specified in the dealer's licence | Administrative transgression | - | (a)First transgression -R 5 000 Further transgressions - R 10 000 |
| 40(5) | Failure by a licenced dealer to produce for inspection - (a)any firearms or ammunition in stock; (b)his or her dealer's licence; (c)any register or electronic data kept by the dealer in terms of this Act |
Administrative transgression | - | (a)First transgression-R 15 000 Further transgressions - R 25 000 |
| 40(6) | Failure by a licenced dealer to establish and maintain a workstation which complies with such requirements as may be prescribed and which links the registers referred to in subsection (3) to the central dealers' database | Administrative transgression | - | (a)R 15 000 |
| 40(8) | Failure by a licenced dealer, who is exempted from the duties referred to in subsection (6), to submit weekly returns completed in the prescribed form to the Office of the Central Firearms Register | Administrative transgression | - | (a)First transgression - R 15 000 Further transgressions - R 25 000 |
| 40(9) | Failure by a licenced dealer to comply with the conditions specified in the dealer's licence | Administrative transgression and criminal offence | 15 years | (a)First transgression -R 75 000 Further transgressions -R 125 000 (b)Forfeiture of firearms and ammunition held in stock |
| 42(6) | A licenced dealer trading while his or her dealer's licence is suspended | Criminal offence and administrative transgression | 25 years | (a)R 150 000 (b)Forfeiture of firearms and ammunition held in stock |
| 43(4)(b) read with (5) |
Failure by a licenced dealer to immediately surrender the forfeited firearms and ammunition after the expiry of the period allowed for the disposal of such firearms or ammunition | Criminal offence and administrative transgression | 25 years | (a)R 150 000 (b)Forfeiture of firearms and ammunition in stock |
| 44(3) | Failure by remaining partners to make application in the prescribed form for an endorsement of the licence after a licenced partner ceases to be a partner | Administrative transgression | - | (a)First transgression - R 5 000 Further transgressions - R 15 000 (b)Forfeiture of firearms and ammunition in stock |
| 44(4) | Failure by remaining members or directors of a licenced juristic person to make application in the prescribed form for an endorsement of the licence after a licenced member or director ceases to be a member or director | Administrative transgression | - | (a)First transgression - R 5 000 Further transgressions - R 15 000 (b)Forfeiture of firearms and ammunition in stock |
| 44(5) | Failure by a licenced partnership to apply for an amendment of the licence to include a new partner | Administrative transgression | - | (a)First transgression -R 5 000 Further transgressions - R 15 000 (b)Forfeiture of firearms and ammunition in stock |
| 44(6) | Failure by a licenced juristic person to apply for amendment of licence to include a new member or director | Administrative transgression | - | (a)First transgression - R 5 000 Further transgressions - R 15 000 (b)Forfeiture of firearms and ammunition in stock |
| 46(1) | Failure by the holder of a dealer's licence to inform the Registrar within 24 hours of the discovery of the loss or theft of such licence | Administrative transgression | - | (a)R 5 000 |
| 46(2) | Failure by the holder of a dealer's licence to apply in the prescribed form for a copy of the licence | Administrative transgression | - | (a) R 5 000 |
| 46(3) | Failure by the holder of a dealer's licence to apply in the prescribed form for a copy of the licence within seven days of discovery of the defacement, loss or theft of the licence | Administrative transgression | - | (a) R 5 000 |
| MANUFACTURERS | ||||
| 47(1) | A person manufacturing a firearm or ammunition without a valid manufacturer's licence | Criminal offence | 25 years | - |
| 47(2) | A licenced manufacturer selling firearms and ammunition without a dealer's licence to a person other than a licenced dealer | Criminal offence and administrative transgression | 25 years | (a)R 150 000 (b)Forfeiture of firearms and ammunition in stock |
| 48(2) | A licence holder- (a)in possession of propellant and primers in excess of the stipulated quantity; (b)purchasing propellant and primers in excess of the stipulated quantity |
Criminal offence and administrative transgression | 10 years | (a)First transgression - R 25 000 Further transgressions - R 50 000 (b)Forfeiture of firearms and ammunition |
| 48(3) | A person loading prohibited ammunition | Criminal offence and administrative transgression | 10 years | (a)First transgression - R 25 000 Further transgressions - R 50 000 (b)Forfeiture of firearms and ammunition |
| 48(4) | A person acquiring, possessing or using equipment for loading ammunition without being authorised to possess a firearm | Criminal offence and administrative transgression | 10 years | (a)First transgression - R 25 000 Further transgressions - R 50 000 (b)Forfeiture of firearms and ammunition |
| 48(5) | A licence holder acquiring, possessing or using equipment for loading ammunition for a firearm other than that for which he or she is licenced | Criminal offence and administrative transgression | 10 years | (a)First transgression - R 25 000 Further transgressions - R 50 000 (b)Forfeiture of firearms and ammunition |
| 53(6) | Failure by a licenced manufacturer to comply with the requirements under which a temporary authorisation to display firearms and ammunition was issued | Administrative transgression | - | (a)First transgression-R 5 000 Further transgressions -R 10 000 |
| 55(2) | Failure by a licenced manufacturer to submit any information relating to a change of circumstances to the Registrar within 14 days of that change occurring | Administrative transgression | - | (a)First transgression - R 5000 Further transgressions - R 15 000 (b)Forfeiture of firearms and ammunition in stock |
| 56(1) | A licenced manufacturer manufacturing firearms or ammunition on premises other than that specified in the manufacturer's licence | Administrative transgression | - | (a)First transgression - R 50 000 Further transgressions - R 75 000 (b)Forfeiture of firearms and ammunition in stock |
| 56(2) | Failure by a licenced manufacturer to keep at the premises specified in the manufacturer's licence the registers containing such information as may be prescribed | Administrative transgression | - | (a)First transgression - R 15 000 Further transgressions - R 25 000 |
| 56(3) | Failure by a licenced manufacturer to keep his or her manufacturer's licence on premises specified in the licence | Administrative transgression | - | (a)First transgression - R 5 000 (b)Further transgressions - R 10 000 |
| 56(4) | Failure by a licenced manufacturer to produce for inspection - (a)any firearms or ammunition in stock; (b)his or her manufacturer's licence; (c)any register or electronic data kept by the manufacturer in terms of this Act |
Administrative transgression | - | (a)First transgression - R 5 000 (b)Further transgressions - R 10 000 |
| 56(5) | Failure by a licenced manufacturer to establish and maintain a workstation which complies with such requirements as may be prescribed and which links the registers referred to in subsection (2) to the central manufacturers' database | Administrative transgression | - | (a)R 15 000 |
| 56(6) | Failure by a licenced manufacturer to comply with the conditions specified in the manufacturer's licence | Criminal offence and administrative transgression | 15 years | (a)First transgression -R 75 000 Further transgressions -R 125 000 (b)Forfeiture of firearms and ammunition held in stock |
| 58(6) | A licenced manufacturer trading while his or her manufacturer's licence is suspended | Criminal offence and administrative transgression | 25 years | (a)R 150 000 (b)Forfeiture of firearms and ammunition held in stock |
| 59(4)(b) read with (5) |
Failure by a licenced manufacturer to immediately surrender the forfeited firearms and ammunition after the expiry of the period allowed for the disposal of such firearms or ammunition | Criminal offence and administrative transgression | 25 years | (a)R 150 000 (b)Forfeiture of firearms and ammunition held in stock |
| 60(3) | Failure by remaining partners to make application in the prescribed form for an endorsement of the licence after a licenced partner ceases to be a partner | Administrative transgression | - | (a)First transgression - R 5 000 Further transgressions - R 15 000 (b)Forfeiture of firearms and ammunition in stock |
| 60(4) | Failure by remaining members or directors of a licenced juristic person to make application in the prescribed form for an endorsement of the licence after a licenced member or director ceases to be a member or director | Administrative transgression | - | (a)First transgression - R 5 000 Further transgressions - R 15 000 (b)Forfeiture of firearms and ammunition in stock |
| 60(5) | Failure by a licenced partnership to apply for an amendment of the licence to include a new partner | Administrative transgression | - | (a)First transgression - R 5 000 Further transgressions - R 15 000 (b)Forfeiture of firearms and ammunition in stock |
| 60(6) | Failure by a licenced juristic person to apply for an amendment of the licence to include a new member or director | Administrative transgression | - | (a)First transgression - R 5 000 Further transgressions - R 15 000 (b)Forfeiture of firearms and ammunition in stock |
| 62(1) | Failure by the holder of a manufacturer's licence to inform the Registrar within 24 hours of the discovery of the loss or theft of such licence | Administrative transgression | - | (a)R 5 000 |
| 62(2) | Failure by the holder of a manufacturer's licence to apply in the prescribed form for a copy of the licence | Administrative transgression | - | (a) R 5 000 |
| 62(3) | Failure by the holder of a manufacturer's licence to apply in the prescribed form for a copy of the licence within seven days of the discovery of the defacement, loss or theft of the licence | Administrative transgression | - | (a) R 5 000 |
| 63 | A person performing any work contemplated in section 4(1)(g) or other work as prescribed without a valid gunsmith's licence | Criminal offence | 15 years | - |
| 68(6) | Failure by a licenced gunsmith to comply with the requirements under which a temporary authorisation to conduct business was issued | Administrative transgression | - | (a)First transgression -R 5 000 Further transgressions -R 10 000 |
| 70(2) | Failure by a licenced gunsmith to submit any information relating to a change of circumstances to the Registrar within 14 days of that change occurring | Administrative transgression | - | (a)First transgression - R 5000 Further transgressions - R 15 000 (b)Forfeiture of firearms and ammunition in stock |
| 71(1) | A licenced gunsmith conducting business on premises other than that specified in the gunsmith's licence | Administrative transgression | - | (a)First transgression - R 50 000 Further transgressions - R 75 000 (b)Forfeiture of firearms and ammunition held in stock |
| 71(2) | Failure by a licenced gunsmith to keep at the premises specified in the gunsmith's licence the registers containing the information as may be prescribed | Criminal offence and administrative transgression | Five years | (a)First transgression - R 50 000 Further transgressions -R 75 000 (bForfeiture of firearms and ammunition in stock |
| 71(3) | Failure by a licenced gunsmith to keep his or her gunsmith's licence on the premises specified in the gunsmith's licence | Administrative transgression | - | (a)First transgression - R 5 000 Further transgressions - R 10 000 |
| 71(4) | Failure by a licenced gunsmith to produce for inspection - (a)any firearms or ammunition held in his or her possession; (b)his or her gunsmith's licence; (c)any register or electronic data kept in terms of this Act |
Administrative transgression | - | (a)First transgression -R 15 000 Further transgressions - R 25 000 |
| 71(5) | Failure by a licenced gunsmith to establish and maintain a workstation which complies with such requirements as may be prescribed and which links the registers referred to in subsection(2) to the central gunsmiths' database | Administrative transgression | - | (a)R 15 000 |
| 71(7) | Failure by a licenced gunsmith, who is exempted from the duties referred to in subsection (5), to submit weekly returns completed in the prescribed form to the Office of the Central Firearms Register | Administrative transgression | - | (a)First transgression - R 15 000 Further transgressions - R 25 000 |
| 71(8) | Failure by a licenced gunsmith to comply with the conditions as specified in the gunsmith's licence | Administrative transgression and criminal offence | 15 years | (a)First transgression -R 75 000 Further transgressions -R 125 000 (b)Forfeiture of firearms and ammunition held in stock |
| 73(6) | A licenced gunsmith conducting business while his or her gunsmith's licence is suspended | Criminal offence and administrative transgression | 25 years | (a)R 150 000 (b)Forfeiture of firearms and ammunition held in stock |
| 74(4)(b) read with (5) |
Failure by a licenced gunsmith to immediately surrender the forfeited firearms and ammunition after the expiry of the period allowed for the disposal of such firearms or ammunition | Criminal offence and administrative transgression | 25 years | (a) R 150 000 (b)Forfeiture of firearms and ammunition held in stock |
| 75(3) | Failure by remaining partners to make application in the prescribed form for an endorsement of the licence after a licenced partner ceases to be a partner | Administrative transgression | - | (a)First transgression - R 5000 Further transgressions - R 15 000 (b)Forfeiture of firearms and ammunition in stock |
| 75(4) | Failure by remaining members or directors of a licenced juristic person to make application in the prescribed form for an endorsement of the licence after a licenced member or director ceases to be a member or director | Administrative transgression | - | (a)First transgression - R 5000 Further transgressions - R 15 000 (b)Forfeiture of firearms and ammunition in stock |
| 75(5) | Failure by a licenced partnership to apply for an amendment of the licence to include a new partner | Administrative transgression | - | (a)First transgression - R 5000 Further transgressions - R 15 000 (b)Forfeiture of firearms and ammunition in stock |
| 75(6) | Failure by a licenced juristic person to apply for an amendment of the licence to include new member or director | Administrative transgression | - | (a)First transgression - R 5000 Further transgressions - R 15 000 (b)Forfeiture of firearms and ammunition in stock |
| 77(1) | Failure by the holder of a gunsmith's licence to inform the Registrar within 24 hours of the discovery of the loss or theft of such licence | Administrative transgression | - | (a)R 5 000 |
| 77(2) | Failure by a holder of a gunsmith's licence to apply in the prescribed form for a copy of a the licence | Administrative transgression | - | (a) R 5 000 |
| 77(3) | Failure by the holder of a gunsmith's licence to apply in the prescribed form for a copy of the licence within seven days of discovery of the defacement, loss or theft of the licence | |||
| IMPORTERS AND EXPORTERS | ||||
| 78(1) | A person importing into or exporting from South Africa any firearm or ammunition without a valid import or export permit | Criminal offence and administrative transgression | 15 years | (a) R 75 000 |
| 78(2) | A person carrying in transit through South Africa any firearms or ammunition without a valid transit permit | Criminal offence and administrative transgression | 15 years | (a)R 75 000 |
| 83(1) | Failure by the holder of an import or export permit to produce for
inspection - (a)any firearms or ammunition in his or her possession or control; (b)his or her permit; (c)any register or electronic data kept in terms of this Act |
Administrative transgression | - | (a)First transgression -R 5 000 (b)Further transgressions - R 10 000 |
| 83(3) | Failure by the holder of an import or export permit to establish and maintain a workstation which complies with such requirements as may be prescribed and which links the registers referred to in subsection(2) to the central importers' or exporters' database | Administrative transgression | - | (a)R 15 000 |
| 83(4) | Failure by the holder of an import or export permit to comply with the conditions as specified in the permit | Administrative transgression and criminal offence | 15 years | (a)First transgression -R 75 000 Further transgressions -R 125 000 (b)Forfeiture of firearms and ammunition held in stock |
| 85(1) | An importer or exporter importing or exporting while his or her importer's or exporter's permit is suspended | Criminal offence and administrative transgression | 25 years | (a)R 150 000 (b)Forfeiture of firearms and ammunition held in stock |
| 87(3) | Failure by remaining partners to make application in the prescribed form for an endorsement of the import, export or transit permit after a permit holder ceases to be a partner | Administrative transgression | - | (a)First transgression - R 5 000 Further transgressions - R 15 000 (b)Forfeiture of firearms and ammunition in stock |
| 87(4) | Failure by remaining members or directors of a juristic person holding an import, export or transit permit to apply for an endorsement of such permit after a member or director holding such permit ceases to be a member or director | Administrative transgression | - | (a)First transgression - R 5 000 Further transgressions - R 15 000 (b)Forfeiture of firearms and ammunition in stock |
| 87(5) | Failure by a partnership holding an import, export or transit permit to apply for an amendment of such permit to include a new partner | Administrative transgression | - | (a)First transgression - R 5 000 Further transgressions - R 15 000 (b)Forfeiture of firearms and ammunition in stock |
| 87(6) | Failure by a juristic person holding an import, export or transit permit to apply for an amendment of such permit to include a new member or director | Administrative transgression | - | (a)First transgression - R 5 000 Further transgressions - R 15 000 (b)Forfeiture of firearms and ammunition in stock |
| 88(1) | Failure by the holder of an import, export or transit permit to inform the Registrar within 24 hours of the discovery of the loss or theft of such permit | Administrative transgression | - | (a)R 5 000 |
| 88(2) | Failure by the holder of an import, export or transit permit to apply in the prescribed for a copy of such permit | Administrative transgression | - | (a) R 5 000 |
| 88(3) | Failure by the holder of an import, export or transit permit to apply in the prescribed form for a copy of such permit within seven days of the discovery of the defacement, loss or theft of such permit | Administrative transgression | - | (a) R 5 000 |
| STORAGE AND TRANSPORT OF FIREARMS AND AMMUNITION | ||||
| 89(1) | Failure by a person to store firearms and ammunition in accordance with such regulations as may be prescribed | Criminal offence and administrative transgression | 15 years | (a)First transgression - R 5 000 Further transgressions - R 15 000 (b)Forfeiture of firearms and ammunition |
| 89(2) | Failure by a person to transport or carry firearms and ammunition in accordance with such regulations as may be prescribed | Criminal offence and administrative transgression | 15 years | (a)First transgression - R 5 000 Further transgressions - R 15 000 (b)Forfeiture of firearms and ammunition |
| 90 | Failure by a person to carry a firearm in a public place - (a)in the case of a handgun in a holster or similar holder designed, manufactured or adapted for the carrying of a handgun attached to his or her person; (b)in a rucksack or similar holder; or (c)in the case of any other firearm, the firearm must be carried 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 |
Administrative transgression | - | (a)First transgression -R 3 000 Further transgression - R 5 000 |
| 91(1) | A person transporting firearms or ammunition for reward without a valid firearm transporter's permit | Criminal offence and administrative | 25 years | (a)R 150 000 (b)Forfeiture of vehicle used to transport firearms and ammunition |
| AMMUNITION CONTROL | ||||
| 93(1) | Failure by the holder of a firearms transporter's permit to produce for
inspection - (a)any firearms or ammunition in his or her possession or control; (b)his or her transporter's permit; (c)any register or electronic data kept in terms of this Act |
Administrative transgression | - | (a)First transgression -R 5 000 (b)Further transgressions - R 10 000 |
| 94(2) | Failure by the former holder of a transporter's permit to dispose of his or her cargo of firearms or ammunition after the expiry of the period allowed for the disposal of such firearms and ammunition | Criminal offence and administrative transgression | 25 years | (a) R 150 000 (b)Forfeiture of firearms and ammunition held in stock |
| 96 | A person who is in possession of ammunition without - (a)holding a valid licence in respect of a firearm capable of firing that ammunition; (b)holding a valid dealer's licence, manufacturer's licence, gunsmith's licence or import, export or transit permit; or (c)being authorised to do so by the Registrar |
Criminal offence | 15 years | - |
| 97(2) | A holder of a firearms licence in possession of more than 200 cartridges for each firearm licenced to him or her | Criminal offence and administrative transgression | 10 years | (a)First transgression - R 15 000 Further transgressions - R 25 000 (b)Forfeiture of firearms and ammunition |
| 97(3) | A holder of a firearms licence purchasing more than 2400 cartridges during a 12 month period | Criminal offence and administrative transgression | 10 years | (a)First transgression - R 15 000 Further transgressions - R 25 000 (b)Forfeiture of firearms and ammunition |
| POSSESSION AND USE OF FIREARMS BY OFFICIAL INSTITUTIONS | ||||
| 99(2) | A person who possesses a firearm part unless he or she - (a)holds a valid licence in respect of a firearm capable of bearing that 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; (c)is otherwise authorised to do so by the Registrar |
Criminal offence and administrative transgression | Five years | (a)R 15 000 (b)Forfeiture of firearms and ammunition in his or her possession |
| 103(1) | An employee of an Official Institution being in possession of a firearm owned by the Official Institution without a valid permit issued in terms of this Act | Administrative transgression | - | (a) First transgression - R 2 000 (b) Further transgressions - R 5 000 |
| 103(5) | An employee of an Official Institution who fails to - (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; (c)when travelling with a firearm, carry the firearm on his or her person or in a secured place under his or her control |
Administrative transgression | - | (a) First transgression - R 2 000 (b) Further transgressions - R 5 000 |
| 103(7) | Failure by the holder of a permit to carry such permit on his or her person whilst in possession of the firearm | Administrative transgression | - | (a) First transgression - R 2 000 (b) Further transgressions - R 5 000 |
| EFFECT OF DECLARATION OF UNFITNESS TO POSSESS A FIREARM | ||||
| 109(2) | Failure by a person declared unfit to possess a firearm to surrender on
demand by the Designated Firearms Officer - (a)all competency certificates, licences, permits or authorisations issued in terms of this Act; (b)all firearms in his or her possession; and (c)all ammunition in his or her possession |
Criminal offence | 10 years | - |
| 109(3)(b) read with (c) | Failure by a person who has control of firearms and ammunition that are forfeited to the State to immediately surrender such firearms and ammunition in accordance with the directions of the Registrar | Criminal offence and administrative transgression | 15 years | (a)R 150 000 (b)Forfeiture of firearms and ammunition in his or her possession |
| INSPECTIONS | ||||
| 111(1) | Failure by a holder of a firearms licence, permit or authorisation
to - (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 licence, permit or authorisation so that it can be produced in an undefaced and legible condition; (c)produce the firearm in respect of which the licence, permit or authorisation is issued whenever required to do so by a police official or person authorised by the Registrar |
Administrative transgression | - | (a)First transgression - R 5 000 Further transgressions - R 15 000 (b)Forfeiture of firearm and ammunition |
| 113(1) | Failure by 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 to carry a licence | Criminal offence | 10 years | - |
| 113(2)
|
Failure by a person - (a)at the request and to the satisfaction of a police official or authorised person to identify himself or herself forthwith ; (b)at the request of a police official or authorised person to forthwith produce such firearm and any licence, permit or authorisation in respect of such firearm |
Criminal offence | One year | - |
| ADDITIONAL OFFENCES AND OBLIGATIONS | ||||
| 130(1) | Failure by a person to give a satisfactory explanation for his or her presence in relation to a prohibited firearm | Criminal offence | 15 years | - |
| 130(2) | Failure by a person to give a satisfactory explanation for his or her presence in relation to an unlawful firearm or ammunition | Criminal offence | Five years | - |
| 130(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; (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 steps to avoid the danger |
Criminal offence | Five years | - |
| 130(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; (ii)handles a firearm while he or she is under the influence of a substance which has an intoxicating or a narcotic effect |
Criminal offence | Three years | - |
| 130(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)is mentally ill; or (ii)to be under the influence of a substance which has an intoxicating or a narcotic effect |
Criminal offence | Three years | - |
| 130(6) | A person who without just excuse points at another person - (a)a firearm , whether or not the firearm is capable of being discharged; or (b)anything which, in the circumstances, is likely to lead that person to believe that it is a firearm |
Criminal offence | 10 years | - |
| 130(7) | A person who without just cause discharges a firearm in a municipal area or any public place | Criminal offence | Five years | - |
| 130(8) | Failure by a person to - (a)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 - (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)keep the keys of such safe, strong-room or device in safe custody |
Criminal offence | Five years | - |
| 130(8) | (c)prevent the loss or theft of a firearm 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; |
Criminal offence | Five years | - |
| 130(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 retains 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; (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; |
Criminal offence | Five years | - |
| 130(9) | (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 |
Criminal offence | Five years | - |
| 130(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; (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 not believing it to be true |
Criminal offence and administrative transgression | Five years | (a)First transgression -R 50 000 Further transgression -R 75 000 (b)Forfeiture of firearms and ammunition in stock |
| 130(11)(a) | A person who 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 | Criminal offence | 10 years | - |
| 130(11)(b) | A person who is in possession of any firearm, an imitation firearm or ammunition, with intent to commit an offence or uses the firearm or imitation firearm to resist arrest or prevent the arrest of another person | Criminal offence | 25 years | - |
| 130(12) | Failure by a holder of a competency certificate, licence, permit or authorisation to possess a firearm to report the loss, theft or destruction of a firearm to a police station within 24 hours after having become aware of the loss, theft or destruction of the firearm. | Criminal offence | 10 years | - |
| 130(13) | Failure by a firearms licence holder or holder of a temporary authorisation to possess a firearm to surrender the licence or authorisation for that firearm to the police station nearest to the place where the loss, theft of destruction occurred, within 24 hours after having become aware of the loss, theft or destruction of the relevant firearm. | Criminal offence | Five years | - |
| 130(14) | A person who obstructs or hinders any person in the performance of any duty in terms of this Act | Criminal offence | Five years | - |
| 130(15) | Failure by a person to comply with any provision, direction or requirement of any notice issued in terms of this Act | Criminal offence | Five years | - |
| FIREARM FREE ZONES | ||||
| 149(2)(a) | A person allowing a firearm or ammunition to be in a firearm free zone without authorisation to do so | Criminal offence | Five years | - |
| 149(2)(b) | A person carrying a firearm or ammunition in a firearm free zone without authorisation to do so | Criminal offence | 10 years | - |
| 149(2)(c) | A person storing a firearm or ammunition in a firearm free zone without authorisation to do so | Criminal offence | 25 years | - |
| EMERGENCY PROVISIONS | ||||
| 150(1)(a) | A person who - (a)supplies or transports firearms and ammunition within a particular area contrary to a the provisions of a notice published in the Gazette by the Minister; (b)fails to surrender firearms or ammunition in his or her possession in accordance with the directions published in the Gazette by the Minister; (c)is a licenced dealer or authorised manufacturer who fails to surrender firearms or ammunition in his or her possession in accordance with the directions published in the Gazette by the Minister |
Criminal offence | 15 years | - |
| DISPOSAL OF FIREARMS OR AMMUNITION UPON CEASING TO CARRY ON BUSINESS | ||||
| 158(2)(a) | Failure by a person who holds a licence, permit or authorisation for the
purposes of conducting a business or who holds a licence, permit or authorisation for
business use and who ceases to carry on business for any reason - (a)to keep the firearms and ammunition in possession of that person 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; (b)to notify the Registrar in writing of the disposal of firearms and ammunition |
Criminal offence | 15 years | - |
| DISPOSAL OF FIREARMS IN CASE OF DEATH | ||||
| 159(1) | Failure by a person to dispose of the firearm licenced to a deceased person in accordance with regulations as may be prescribed and with the directions of the Registrar | Criminal offence | Five years | - |
| 159(2) | Failure by 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 to store the firearm in accordance with such regulations as may be prescribed | Criminal offence | Five years | - |
| 159(3) | Failure by a person who, on the death of the holder of a licence, permit
or authorisation becomes entitled to the relevant firearm to - (a)apply for an appropriate
licence, permit or authorisation in terms of this Act; (b)if he or she does not wish to acquire the firearm, or fails to obtain the appropriate licence, permit or authorisation, to dispose of them in accordance with such regulations as may be prescribed and with the directions of the Registrar |
Criminal offence | Five years | - |
| 159(4) | Failure by a person to notify the Registrar in writing of the disposal of a firearm in the case of the death of the licence holder | Criminal offence | 15 years | - |
| INHERITED FIREARMS | ||||
| 160(2)(a) | A person who inherits a firearm which is a prohibited or restricted firearm and has such firearm in his or her possession. | Criminal offence | 25 years | - |
| 160(2)(b) | Failure by a person who inherits a firearm to obtain a valid permit to possess the firearm | Criminal offence | 25 years | - |
| 160(4) | A person who uses an inherited firearm without a licence having been issued in respect of that firearm | Criminal offence | 15 years | - |
| COMPULSORY DESTRUCTION OF FIREARMS BY THE STATE | ||||
| 161(1) | Failure by a person to destroy a firearm in accordance with such regulations as may be prescribed | Criminal offence | 10 years | - |
| DEACTIVATION OF FIREARMS | ||||
| 162(2) | Failure to deactivate a firearm in accordance with such regulations as may be prescribed | Criminal offence | Five years | - |
| 162(3) | Deactivation of a firearm by a person other than a licenced gunsmith | Criminal offence | Five years | - |
| 162(4)(a) | Failure by a licenced gunsmith to issue a certificate indicating the manner in which the deactivation was performed | Administrative transgression | - | (a)First transgression - R 5 000 Further transgressions - R 15 000 (b)Forfeiture of firearms and ammunition in stock |
| 162(4)(b) | Failure by a licence holder to notify the Registrar of the deactivation within 14 days and at the same time forward to him or her a copy of the deactivation certificate | Administrative transgression | - | (a)R 5 000 (b)Forfeiture of firearms and ammunition |
| 162(4)(c) | Failure by a licenced gunsmith to notify the Registrar within 14 days of the deactivation and at the same time forward to him or her a copy of the deactivation certificate | Administrative transgression | - | (a)R 5 000 (b)Forfeiture of firearms and ammunition |