Owners with expired licences urged to hand guns in or face arrest
Constitutional Court has ruled that people who failed to renew their firearm licences on time are deemed to be in illegal possession of the guns, and they are thus required to get rid of their guns or hand them over to the police.
The Boksburg police are calling on all gun owners whose firearm licences have expired to surrender their guns to their respective police stations immediately.
According to Boksburg SAPS spokesperson Sgt Cebisa Maseko, those who failed to surrender their guns would be arrested if found possessing those weapons.
This comes after the June 7 Constitutional Court judgement in the long court battle between the minister of police and the South African Hunters and Game Conservation Association (SAHGCA).
The Constitutional Court judgement dismissed a previous High Court decision which declared Sections 24 and 28 of the Firearms Control Act of 2000 constitutionally invalid.
Section 24 deals with the renewal of firearm licences and stipulated that renewals must be done within 90 days.
The Constitutional Court held that “the gun-owner knows that he must either apply in time for renewal of firearm or dispose of the firearm before expiry. If he does not he will be guilty of an offence”.
The Constitutional Court, however, does not expect the SAPS to prosecute licence holders whose licences have expired and were not renewed on time if they hand over their firearms at the police station.
In spite of this, the SAPS has the responsibility to enforce the provisions of the law where there is non-compliance.
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