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Firearm owners – make sure you are compliant

The Registrar of Firearms (National Commissioner) is ultimately responsible for the implementation of the Firearms Control Act, 2000, which includes administrative steps that are reasonable, fair and lawful.

South Africa has comprehensive firearm controls. This regulatory regime has been put in place to ensure stringent substantive and procedural limits of obtaining firearms. In terms of section 24, of the Firearms Control Act, 2000, a person who has been issued with a licence to possess a firearm, is obliged to renew the licence. A firearm owner has to renew the firearm licence after five years if the licensee continues to show compliance with all applicable requirements.

The licence is renewed at least 90 days before the expiry date.The purpose of the Firearms Control Act (FCA), 2000 (Act no 60 of 2000), is to establish a comprehensive and effective firearm control system that will enhance the management and enforcement of the legislation.

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Section 27 of the FCA, 2000, provides for the validity of each type of licence and permit that is issued. These dates are reflected on the licence cards, as issued by the South African Police Service (SAPS). However, in terms of section 28 of the FCA, 2000, a firearm licence prorogues on the expiry of the relevant period contemplated in section 27 of the Firearms Control Act, 2000, unless it is renewed in terms of section 24 of the FCA, 2000. As a firearm owner you have the option to either sell, donate or deactivate your firearm, which must be concluded before the relevant expiry date. If an application for the renewal has been lodged before the licence has expire, the existing licence remains valid until the application has been decided.

The licence is renewed at least 90 days before the expiry date.The purpose of the Firearms Control Act (FCA), 2000 (Act no 60 of 2000), is to establish a comprehensive and effective firearm control system that will enhance the management and enforcement of the legislation. Section 27 of the FCA, 2000, provides for the validity of each type of licence and permit that is issued. These dates are reflected on the licence cards, as issued by the South African Police Service (SAPS).

 

If an application for the renewal has been lodged before the licence has expire, the existing licence remains valid until the application has been decided.

 

However, in terms of section 28 of the FCA, 2000, a firearm licence prorogues on the expiry of the relevant period contemplated in section 27 of the Firearms Control Act, 2000, unless it is renewed in terms of section 24 of the FCA, 2000. As a firearm owner you have the option to either sell, donate or deactivate your firearm, which must be concluded before the relevant expiry date. If an application for the renewal has been lodged before the licence has expire, the existing licence remains valid until the application has been decided.

However, in terms of section 28 of the FCA, 2000, a firearm licence prorogues on the expiry of the relevant period contemplated in section 27 of the Firearms Control Act, 2000, unless it is renewed in terms of section 24 of the FCA, 2000. As a firearm owner you have the option to either sell, donate or deactivate your firearm, which must be concluded before the relevant expiry date. If an application for the renewal has been lodged before the licence has expire, the existing licence remains valid until the application has been decided.
Provisions were made for persons who fail to renew their firearm licences, to voluntarily surrender these firearm(s) and/or ammunition to the nearest police station, following which prosecution will not be instituted against a person. In the case where a person wants to renew or apply for a licence, but the validity of the licence has already expired, the person must be informed that he/she is not in lawful possession of the firearm anymore and the firearm must be surrendered to the nearest police station.
However, if a police officer discovers during their day-to-day policing activities or operations that a person is in possession of a firearm, but failed to renew his or her licence, meaning that they did not apply for the renewal of the firearm licence, that person will be prosecuted in terms of section 3 of the Firearms Control Act, 2000, which stipulates that ” Section 3: No persons may possess a firearm unless he or she holds a licence, permit or authorisation issued in terms of this Act for that firearm”.
The Registrar of Firearms (National Commissioner) is ultimately responsible for the implementation of the Firearms Control Act, 2000, which includes administrative steps that are reasonable, fair and lawful.

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Terry Worley

Terry Worley has been associated with the Courier for many years and is involved in the community covering a variety of issues affecting residents. He has a passion for local politics and for the history of the area.

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