Local firearm owners have widely welcomed the ruling by Judge Tolmay in the Pretoria High Court that declared sections 24 and 28 of the Firearms Control Act unconstitutional.
This means that firearm licences which are or were due to be renewed are now valid until the Constitutional Court has its determination on the constitutionality of the two sections of the Act.
Judge Tolmay gave Parliament 18 months to change the amendment of the Act to ensure constitutional compliance. He also ruled that the State pays the costs of the applicant, the South African Hunters and Game Conservation Association.
The Association argued that two sections were problematic. According to the association, they treated two classes of people – those whose firearm licences had expired and those who had theirs cancelled – differently‚ which it argued was contrary to the constitutional provisions that everyone was equal before the law and enjoyed the same protection from the law.
Section 24 of the Act requires that any person who seeks to renew a licence must do so 90 days before its expiry date. Section 28 stipulates that if a firearm licence has been cancelled‚ the firearm must be disposed of or forfeited to the state.
A 60-day time frame was placed at its disposal, which was to be done through a dealer.

Questions and answers
Martin Hood, a Gauteng attorney, who is an expert in the Firearms Control Act and related matters, commented that as far as groups like the Die Hards are concerned ‘The Act in Section 22 clearly provides that a licence holder of a firearm can allow anyone else to use a firearm under their direct supervision and control. No competency training is necessary.’
Mr Hood answered questions posed by the Courier regarding the impact the new ruling will have:
1. I still have a valid licence that is about to expire. Do I have to renew this licence?
No, you do not need to at this stage because the sections compelling you to re-license your firearm have been declared unconstitutional.
2. If I have an expired white Firearms Control Act licence what must I do?
Your firearm licence validity has now been extended for a period of at least 18 months by the High Court order. This means that you can carry and use your firearm just like any other licensed firearm. You may also buy ammunition or lawfully dispose of it by sale, donation or surrender to the police.
3. What happens if I handed my firearm to the police in terms of the Police Directive of February 2016?
You are entitled to go down to your police station where you handed in the firearm and demand that the police hand back your firearm to you.
4. Should I lodge a renewal application for my firearm licence that has already expired?
No, you cannot and do not have to re-apply to renew your licence.
5. I have already applied for a renewal, what must I do?
Nothing, the police will issue some internal directives as to what will happen in due course.
“Please note that this information has been provided as at July 5, 2017, and the South African Police Services have not responded to this judgement as to whether they are going to accept or appeal it in some way.
“If the police issue any internal directives, or should they choose to challenge the judgement in any way, this information may change and we will advise accordingly.”