This Act establishes a comprehensive and effective system for firearms control in South Africa. It seeks to prevent the proliferation of illegally possessed firearms and seeks to ensure efficient monitoring and enforcement of legislation pertaining to the control of firearms.
This Chapter sets out a general prohibition in respect of firearms (section 3) and lists prohibited firearms (section 4).
Compliance Obligations?
No person may possess a firearm unless a permit, authorization or license has been obtained. Subject to the exceptions listed in section 17, 18(5), 19 and 20, the firearms listed in section 4 may not be possessed nor may they be licensed.
This Chapter lists devices that are not considered to be firearms (section 5).
Compliance Obligations?
The devices listed do not require a license under this Act.
This Chapter deals with competency certificates, licenses, permits and authorisations (section 6), applications for licenses by persons other than natural persons (section 7) and accreditation (section 8).
Compliance Obligations?
Subject to section , no person may be issued with a license unless they hold a competency certificate. This certificate is issued by the Registrar of Firearms (“Registrar”) upon receipt of the correct application, including a full set of finger prints and such information as may be required. When a juristic person (such as a company) applies for a license, it must nominate a natural person to apply on its behalf.
This Chapter sets out how one should apply for a competency certificate and what such certificate should specify.
Compliance Obligations?
Note that the Competency Certificate must specify whether it relates to competency to possess, trade, or to manufacture a firearm, or competency to conduct business as a gunsmith.
This Chapter deals (inter alia) with the requirements for a separate license in respect of each firearm (section 11), additional licenses (section 12), license to possess a firearm and restricted firearms for self defence (section 13 and 14) and licenses to possess firearms for business purposes (section 20).
Compliance Obligations?
Section 20 makes provision for a license to be issued for the possession of a firearm for business purposes. The types of firearm for which such a license can be issued are described. The types of person to whom such a license may be issued are listed. The firearm in question must be used only as specified in the license and only by a person who possess a competency certificate. Various obligations are placed on the holder of the license to keep a register of all firearms in its possession, to store and transport the firearms as may be prescribed and produce for inspection firearms, ammunition and licenses as may be required by a police official. The Chapter also lists requirements for the identification marks on firearms (section 23), the renewal of firearm licenses (section 24), notification of changes to address and circumstance. Note the provisions of section 146 in respect of the safe disposal of firearms in the case of ceasing to carry on business.
This Chapter deals (inter alia) with the storage and transport of firearms and ammunition (section 83) and the carrying firearms in public places (section 84).
Compliance Obligations?
Note that if a handgun is being carried in a public place, it must either be in a holster or similar holder and be attached to the person carrying it, or it must be in a rucksack or similar holder. Any other firearm must be carried in a holder designed, manufactured or adapted for the carrying of the firearm. The firearm must be completely covered and the person carrying it must be able to exercise effective control over it.
This Chapter prohibits and restricts the possession of ammunition in certain circumstances (sections 90 and 91).
Compliance Obligations?
Note that ammunition may only be possessed in the person in possession holds a valic license or permit. If you have a license to possess a firearm, there is a limit of 200 cartridges per firearm which may be possessed at any one time.