No firearms surrendered will be destroyed as SAPS studies court ruling

The South African Police Service says it will study the Gauteng North High Court ruling which declared two sections of the Firearms Control Act (2000) unconstitutional.

The two sections deal with procedures and regulations that should be in place when surrendering a firearm for which the licence has already expired.

Also read:

• Sections 24 and 28 of the Firearms Act found unconstitutional

As it stands, the Firearms Control Act (2000) indicates that if a person failed to reapply more than 90 days from the date of expiry, they would be deemed to be in unlawful possession of a firearm.

However, the court on Tuesday ruled that all firearms issued in terms of the Act which are due or were due to be renewed, shall be deemed to be valid.

The application brought by the South African Hunters and Game Conservation Association urged that the licensing and administration of firearms system is chaotic and dysfunctional.

SAPS spokesperson Brigadier Vish Naidoo said they were studying this judgement, as it has 15 court days within which to do so and to consider a way forward.

“In the meantime the South African Police Service will retain all firearms surrendered to the police by people that have failed to renew their licences in accordance with the Firearms Control Act.”

Furthermore, Naidoo said no prosecutions would be instituted against those concerned and none of these firearms would be destroyed during this period.