CHASA
To: Member Associations
FIREARM CONTROL ACT 60 OF 2000
At the last meeting held on 25 March 2009, members of the forum raised their concern with the CFR regarding the SAPS’ interpretation of the FCA. An urgent follow-up meeting has been scheduled for Tuesday 28 April to discuss this further, but in the mean time it is important to keep all our members up to date regarding the SAPS’ current interpretation of the Act.
Background:
The following specific periods were published in the Government Gazette for the renewal of firearm licences:
Birthdays
Cut-off Date for Renewal Process
January – March = 31 March 2006
April – June = 31 March 2007
July – September = 31 March 2008
October – December = 31 March 2009
SAP 523: Acknowledgement of Receipt of Documentation
When applying for the relicensing of a firearm licence, it is of vital importance that the applicant receives the above mentioned document from the SAPS. We strongly suggest that people who did not receive this document during the relicensing process, return to their DFO’s and insist on being issued with a SAP523 (even if it is hand-written). The SAP523, together with the old firearm licence, will result in the person having a legal firearm licence until the relicensing process has been finalised. In other words the expenditure receipt showing you have paid your fees is NOT good enough.
Late Applications:
A set of three reasons were published in the Government Gazette for “late applications”, eg after the specified times as above, but within 90 days of the situation returning to normal:
If the applicant was hospitalised;
If he/she was out of the country; and/or
In the event of a situation completely out of the applicant’s control, such as a natural disaster (rain, wind, etc) which would have prevented the SAPS from assisting the person with the firearm relicensing process.
Important: The 90-day “grace period” is only applicable until 30 June 2009.
The SAPS will accept duly completed “late” applications forms accompanied by the necessary documentary proof, including an affidavit as to the reason for the late application. We are, however, uncertain as to how these late applications will be handled.
Persons who are/were out of the country during the renewal process:
The 90- day extension period as well as the 30 June 2009 cut-off date is also applicable to these people. However, there are certain ways for a person abroad to apply for relicensing, which could be a fairly difficult/complicated procedure. The firearm owner can give a nominated person in South Africa a Power of Attorney to hand in the firearm relicensing applications on his behalf. The applicant can have his finger prints done at his local Embassy, whereafter the signed application form and finger prints can be couriered to the person in South Africa, who can hand in the application on the applicant’s behalf – before 30 June 2009. Full information regarding the procedure is available from the SAPS and the CFR’s 24-hour helpline: 012-353-6111.
Consequences after 30 June, should a person not have started the relicensing procedure:
According to FCA 60 of 2000, all firearms with licenses issued under the Old Act will be illegal if: the owner thereof did not apply for the relicensing thereof by 30 June 2009. Somebody in possession of such a firearm has, according to the Act, until 30 June 2009 to legally dispose of such a firearm, either by selling it to for instance a gun dealer to be taken up in their stock, or to another individual (who must then be issued with a new licence before 30 June); or by having the firearm deactivated; or by handing it in to the SAPS to be destroyed.
“New” licence applications and storing permits:
Where a person has sold a firearm to another individual and the new licence has not been issued yet, the firearm will effectively be an illegal firearm after 30 June 2009. Therefore neither the previous and/or the new owner of such firearm may be in possession of the firearm after 30 June 2009. We were informed by the CFR that such firearms must be handed at the local police station for safe keeping until the new licence has been issued. Should the firearm licence or the appeal where applicable be unsuccessful, the firearm will automatically be forfeited to the Stated. According to the CFR, all storage permits issued for firearms not legally licensed, will be illegal on 1 July 2009, as a legal document cannot be applicable to an “illegal firearm”.
What are the possible consequences thus on 1 July 2009?
The CFR is convinced that, according to the Act, they will have the right to take legal action against owners of so-called “illegal” firearms as from 1 July 2009, which could lead to fines and/or imprisonment.
Hunters Greetings
Adri Kitshoff
Vice Chair of CHASA and the Hunters Forum
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