The law prescribes hefty sentences for firearm contraventions

MBOMBELA – On September 18 Lowvelder reported on man who was found in possession of a large number of firearms, which purportedly had dealer tags on them.

The weapons were found at a farm on the outskirts of Mbombela. Also on Wednesday a man shot and killed himself and his mother, allegedly with a firearm registered to his wife’s name.

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A dealers’ license may be issued to a person who is ‘fit and proper’ to trade in firearms or ammunition. Any person who engages in trading on behalf of a dealer must hold a competency certificate to trade in firearms and ammunition and where applicable, successfully complete the prescribed training and practical tests for firearms dealers.

Limiting conditions may be imposed by the registrar of firearms, in respect of the issuing of a dealer’s license and guiding specifications with regards to the specific business premises may be laid down. Unlicensed trading in firearms without a valid dealers’ license may secure one a maximum penalty of 25 years in prison.

All gun owners must be in possession of a competency certificate to possess a firearm. Such a certificate is issued to an applicant who is a ‘fit and proper’ South African citizen of stable mental capacity and over 21 years of age.

The person must complete the prescribed competency test on the FCA and practical training with regards to the safe and efficient handling of a firearm.

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A license to possess a firearm for self-defense and for business purposes other than that of a game rancher is valid for five years. Licenses to possess a firearm for occasional hunting and sports shooting and firearms in a private collection are valid for 10 years. A separate license is required in respect of each firearm and a single licensing document containing all the firearms owned may be issued.

The holder of a license, may allow any other person to use that firearm, whilst under his or her immediate supervision and where it is safe to use the firearm for a lawful purpose.

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The registrar may declare a person unfit to possess a firearm if, on the grounds of information contained in a statement under oath, it appears that there was a contravention in terms of the Domestic Violence Act; the person has expressed the intention to kill or injure himself or any other person; has a drug or mental stability problem, or has failed to take the prescribed steps for the safekeeping of any firearm.

A person convicted of offences in which firearms were used, becomes unfit to possess a firearm and that person must surrender his weapons and ammunition within 24 hours at the nearest police.

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A person is guilty of an offence if he or she contravenes or fails to comply with any of the provisions envisaged by the FCA in Section 120. Some of the offences include:

• Any person that is aware of the existence of firearms or ammunition that is not lawfully kept and fails to report it without delay, is guilty of an offence and may be imprisoned for a period of up to 15 years.
• Giving control of a firearm to a person whom he or she knows to be mentally ill; or who is under the influence of a substance which has a narcotic effect. A three year maximum prison sentence may be imposed, if found guilty.
• It is also an offence to point a weapon, at any person, without good reason to do so. A 10 year prison sentence may be imposed for contravening this provision.

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• A person who fails to lock away his or her firearm in a safe, strong-room or device for the safe-keeping of the gun and loses it by theft or otherwise may be guilty of an offence and a five year prison sentence can be enforced.
• If a firearm gets stolen lost or destroyed, it must be reported to the nearest police station within 24 hours. Failure to do so, may procure you a 10 year prison sentence.

Administrative fines between R5 000 and R100 000, may also be awarded for an offence committed in terms of Section 120, where the choice of a fine or a prison sentence not exceeding five years’ are imposed.