Civilians use firearms for a variety of purposes: self-defence, hunting, competitive sports-shooting, and recreation. Our law is very strict on the control of firearms and one needs to meet various criteria and complete various processes in order to obtain a firearm licence.
The Firearms Control Act, Act 60 of 2000 (“the Act”) applies in this regard. No person may possess a firearm unless authorised to do so in terms of the Act.
- How do I license a firearm?
An applicant must:
• Purchase a firearm (or obtain it by way of donation or inheritance). He may not take possession of the firearm until a licence (or other authorisation) has been issued by the SAPS Central Firearms Registry (CFR);
• Undergo the prescribed proficiency training, which is offered by various accredited training providers. Students study the Act, are taught how to use a firearm safely and effectively, and must pass a written and practical test.
• After receiving a proficiency certificate, apply to the CFR for a competency certificate. This certifies that the police recognise a person as being competent to handle a particular class of firearm (handgun, shotgun, manually operated rifle or self-loading rifle).
• Once a competency certificate is issued, apply for a licence for the specific firearm he has obtained.
- Who qualifies for a competency certificate?
Applicants must (among other requirements):
- Be at least 21 years old when applying;
- Be a South African citizen/holder of permanent residence;
- Be in stable mental condition;
- Not be dependant on any substance with a narcotic or intoxicating effect;
- Not have been convicted of certain offences (particular contraventions of the Act or violent offences).
For what purposes may a firearm be licensed?
- Self-defence (section 13);
- Restricted firearm for self-defence (section 14);
- Occasional hunting and sports-shooting (Section 15);
- Dedicated hunting and sports-shooting (section 16);
- Certain other purposes, not discussed herein.
What kind of firearm, and how many firearms, may I possess?
• Section 13 allows for licensing of one handgun which is not fully automatic or shotgun which is not fully or semi-automatic;
• Section 14 allows for licensing of one “restricted firearm”. This is a semi-automatic rifle or shotgun;
• Section 15 allows for licensing of a total of four firearms, being handguns which are not fully automatic and rifles or shotguns which are not fully or semi-automatic. If a person has already licensed a firearm in terms of section 13, he may only license three firearms in terms of section 15.
• Section 16 allows for licensing of more than four firearms, which may be any handgun which is not fully automatic and any rifle or shotgun which is not fully automatic.
• Semi-automatic rifles and shotguns can only be possessed under section 14, or by dedicated hunters and sports-shooters. Only dedicated hunters or sports-shooters may possess more than two handguns.
How do I motivate my application?
• Every application for a firearm licence must be accompanied by a thorough motivation as to why it should be granted.
- An applicant must:
• Section 13: Show that he needs the firearm for self-defence and cannot satisfy this need by other means;
• Section 14: Show that a firearm contemplated in section 13 will not provide sufficient protection and submit reasonable information to motivate the need for a restricted firearm;
• Section 15: Show that he is an occasional hunter or sports-shooter and will use the firearm in this regard;
• Section 16: Provide proof of a dedicated membership to an accredited association and indicate how the firearm will be used for a dedicated shooting activity recognised by the association.
The police have discretion and must be convinced to grant you a licence. Firearm applications are technical in nature.
For specialist assistance contact Juan Kotze Attorneys at 011 892 1019, francois@therescueshop.co.za or juan@therescueshop.co.za
