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MARTIN HOOD'S FEEDBACK ON COURT CASE

06-Jul-2017

Martin Hood posted in MJ Hood & Associates Attorneys on 5 July at 10:20

Preliminary comments on the SA Hunters Court Decision declaring Sections 24 and 28 of the Firearms Control Act unconstitutional

My office has received many enquiries about the consequences of the North Gauteng High Court judgement given yesterday.

We are busy studying the judgement and will provide more information shortly.

Hereunder are answers to some frequently asked questions:

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 relicense 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 licenced 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 due course.

Please note that this information has been provided as at the 5th of July 2017 and the South African Police Services have not responded to this judgement or whether they are going to accept it 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.



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