Court takes aim at gun regulation – here’s what you need to know

Have you gone from being a gun owner to a criminal overnight?

According to a judgement by the Constitutional Court (ConCourt) this month, more than 300 000 gun owners should answer ‘yes’.

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This after a determination was made on gun license renewals.

A number of gun lobby groups in the country have challenged sections of the Firearms Control Act, specifically Section 24 (which requires gun owners to apply for license renewals at least 90 days before the date of expiry) and Section 28 (if a license is cancelled, the firearm must be disposed of, or forfeited to the state within 60 days).

However, ConCourt has declared these sections valid.

Prior to the Firearms Control Act of 2000, an applicant would undergo extensive processes but would earn a firearm license for life, without the need for renewal.

Now ownership must be re-assessed on a regular basis.

A local gun enthusiast and gun owner explained this judgement would see hundreds of thousands of gun owners now in possession of ‘illegal’ firearms.

“There will be a possible amnesty but it hasn’t been decided on. The problem is that there’s been no directive from SAPS.”

Pointing out flaws in the system, he said the state could already not handle the volume of firearm re-licensing and new applications for firearm ownership.

His concern was how officials would handle even more responsibility.

“There is no capacity to renew this many guns, and to test or destroy this amount of firearms.”

The gun owner added the directive from SAPS was anticipated in the next week or so, and advised gun owners to contact Gun Owners of South Africa (GOSA) or their nearest Designated Firearms Officer (DFO) for advice.

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“Anyone with a firearm license should check their expiry date immediately.”

According to Caxton Legal Advisor, Helene Eloff, the many gun owners who failed to renew their license on time would have to hand in their firearms to SAPS officials, to be destroyed.

Monetary compensation of between R500 and R1 000 can be applied for.

“The registrar has the authority to decide whether this will be done, so compensation is therefore not a given.”

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