ESTATE FIREARMS: now is the time to have it sorted out
“What will happen after the amnesty period of 6 months lapses?” People who are in possession of estate firearms and have not made any effort to license these firearms in terms of Act 60/2000, now have the opportunity to get these firearms legally licensed in terms of the Firearms Control Act.
The amnesty period which was announced by Government will run from 2017-04-01 to 2017-09-30 and focus specifically on firearms from estates which has not been licensed or disposed of in terms of the new Act.
With this amnesty announced by Government, it is the first time that specific focus is placed on estate firearms.
People do not have to be afraid that they will be prosecuted.
This is exactly what amnesty is, to be exempted from prosecution.
If you have any estate firearms in your possession and the firearm does appear on the SAPS Firearms System, you will be able to hand in the firearm and also be allowed to apply for the licensing of the said firearm during this time, off course within the scope allowed under the amnesty.
This could be done even if the executor in the estate is not known or not available any more, and even though all the usual documents are not available for the estate any longer.
General amnesty exempt you from prosecution if you participate in the process out of your own free will and hand in these firearms in order to license it, have it deactivated or destroyed.
Since 2005 with the implementation of the Firearms Control Act, Act 60/2000, the responsibility of estate firearms were placed squarely on the shoulders of executors.
People should use this amnesty and not keep quiet or hide estate firearms, or even worse, try and dispose of such firearms by destroying it or throwing it away down old boreholes or mine shafts.
It is important to remember that there is record of these firearms with the SAPS and that all government systems are linked.
The minute a death is recorded at Home Affairs onto their system, it is known and recorded by SAPS on the Firearms System.
SAPS will therefore start looking for estate firearms with the heirs and family members of the deceased firearms owner when they follow up after the amnesty period has lapsed.
The fact that all firearms licenses are not available for estate firearms is also not a mayor problem.
You can take the RSA ID number or copy of the RSA ID document of the deceased to your nearest SAPS DFO offices and find out exactly which firearms were licensed in his/her name according to the SAPS firearms system.
It is also important to remember that licenses for air rifles which used to be licensed in the name of a person, should be applied for cancellation as it is no longer required to have the .177 air rifles licensed.
If you however do not apply for the cancellation of the license, it will appear on the deceased’s name and the SAPS will then have to follow up and look for the specific firearm.
It is important that the original signature of the executor appears on all relevant documents pertaining to firearms from the estate.
All documents must be accompanied by five(5) source documents, RSA ID of the deceased, firearm licenses of the firearms, death certificate, executor’s appointment letter, RSA ID of the executor.
The amnesty however now allows for these firearms to be disposed of even if all the source documents are not present, a statement by the executor could now for instance be used to replace certain source documents and therefore have the firearms disposed of.
Even if the executor is no longer available or not known to the heirs of the estate, the amnesty period could be used to dispose of these firearms without any source documents, as long as the people in possession of these firearms participate in the process of their own free will.
The amnesty period however do not address the licenses which expired before the license holders could apply for the renewal of these licenses.
There is presently a court hearing instituted by SAADA, SAHGCA and Fidility Guard, scheduled for DV 25 & 26 April 2017 which would specifically address these lapsed licenses.
Marius Du Preez of the Legally Armed group in Polokwane call on all people in possession of estate firearms who have not done anything to start licensing these firearms in terms of Act 60/2000, as well as all executors, Attorneys and estate administrators to contact his office for assistance with these firearms in order to ensure that these firearms are disposed of accordingly and for assistance with the whole process.
He can be contacted at office number 015-2977724/015-2978002, oron e-mailafadrb@mweb.co.za of legallyarmedanina@telkomsa.net.
This statement issued by ARMS FOR AFRICA / LAWFULLY ARMED, Proud members of: SAADA, NHSA, SAGA, NRA, PFTC, ITA.
No 25 Exelsior Street, CBD, Polokwane, 0699, 015-297 7724/8002, 083 4144 182
