Dear CHASA Members,

The three court cases relating to the chaos precipitated by the requirement to renew firearm licences on a rotational basis as prescribed by the Firearm Control Act (60 OF 2000) as amended are of critical concern to many of you as well as the public at large. These cases were heard on 25th & 26th April. CHASA Spokesperson and advisor for firearm legal issues, Martin Hood, is attorney of record for two of the three cases, being those of the SA Arms and Ammunition Dealers Association and a private security company.

Martin has produced a written report back for general distribution which I attach. The “biggest” of the three cases is that of “SA Hunters” and SAGA had joined this case as “Friend of the Court”. I also attach the SAGA update for your info.

The CURRENT SITUATION in a nutshell is that the judge has reserved judgement regarding the constitutionality of Sec 24 and 28 of the Act, and also ordered that NO FIREARMS HANDED IN MAY BE DESTROYED, pending the outcome of the various matters. Although SAGA’s report indicated that this judgement could take months, Martin indicated to me that it could be within a month or so.

Firearm owners with expired “white” licences, who never had a “green” licence remain in “unknown territory” at this stage. CHASA firmly believes that those who had an original “green” licence remain covered by the interim order of 2009. Advice to those who only have expired “white” licences to hold their firearm in safe storage is, until this case is decided, contrary to the letter of the law. Owners in this situation should decide for themselves the best course of action for now. Recently, there were moves in the Western Cape by SAPS to act deliberately and harshly against such persons, but various responses by ourselves and other stakeholders appears to have thwarted this (for now). It is doubtful whether such harsh action would resume now until & unless the judgement is unfavourable.

Kind Regards

Stephen Palos



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