Business Firearm Renewals

 

The deadline for business firearm licence renewals is 31 December 2006. This deadline includes all i business licences, i. e. not just security companies but any entity whether incorporated or not, that was" issued a code of body under the Arms and Ammunitions Act 75 of 1969 and had firearms licensed to it For example, many game farms, farmers, security companies, hospitals and even schools had firearms licences issued in their name. Martin Hood, an attorney at MJ Hood & Associates, who specialises in firearm law and legal matters in relation to firearm law, has the following information regarding the renewal of business firearms:

1. All people and incorporated entities in possession of business licences need to apply on or before 31 December 2006 to re-licence these firearms. Please note that one merely has to apply. The processing of such applications will take place at some point in the future. Here is how to do it.
2. The basic requirements are that any entity that possesses business firearms, other than a security company must be accredited for a specific business purpose specified in Section 20 of the Firearms Control Act 60 of 2000 ("the Act"). If a security company is registered with the Security Industry Regulatory Authority ("SIRA") the South African Police Services automatically deem such security company to be accredited. All other business firearm licence renewals are subject to the licence holder being accredited.
3. All business licences for firearms must be controlled by a responsible person nominated as such by the business. The responsible person in turn must comply with the provisions of Section 9 of the Act and be issued with a competency certificate. A practical application of the Act dictates the probability that the South African Police Service will accept an application for a competency certificate, an application for accreditation for business purposes and an application to re-licence business firearms together and will process them together.
4. It should be emphasised, that unless an extension is granted, the probability will be that a policy decision will be taken not to allow business licences for which no application for renewal has been made by 31 December, to be renewed at some point in the future, i.e. once these licences expire on the 30 June 2008 the licence will terminate. If the firearm is not sold, surrendered, destroyed or re-licensed in any other manner provided for in the Act, those firearms will become illegal. If a business licence is not renewed it remains valid until 30 June 2009 in terms of the transitional provisions of the Act.
5. The requirements for competency are quite specific in Section 9 of the Act and falls outside the scope of this article. However, please note that the Act requires that all persons who are going to use firearms for business purposes must successfully complete the prescribed training and practical test for firearms and it is a policy requirement of the South African Police Service that they must have a competency certificate although the Act does not specifically require this. The Act does specify that all security officials must have competency certificates.
6. Once again practically speaking, because of the work load of the South African Police Service, it is probable that the Police will take a practical approach and allow business firearms to continue to be issued to people who are not yet in possession of a competency certificate but who have completed the training and applied for a competency certificate.
7. It follows that should a person be refused a competency certificate, they are incompetent to possess firearms licensed in terms of the Firearms Control Act and therefore they cannot have access to such firearms for any purpose.
8. When security service providers submit renewal applications, registration with SIRA is required. If not registered with SIRA you must submit a copy of your accreditation certificate or proof that you have applied for accreditation for a business purpose. Coupled with this must be a proper motivation which specifies why the juristic person requires these firearms. The Police have erroneously stated that one must prove a need for this but the Act does not require tha one must prove a need for a firearm other than for self-defence One must however comply with the requirements of the Act and motivate why firearms are necessary.
9. With specific reference to security service providers, the relevant factors in a motivation would be the number of employees, working hours, the value of immovable or movable property that needs to be protected and the suitability of the > firearms for the purpose for which they are required. These criteria are not exhaustive and further reasons can and should. be given to the police.
10. When submitting the application for the actual renewal of the firearm licence, the responsible person must produce his/her original identity document and allow the police to take a certified copy along with a certified copy of the original licence.
11. Documentary proof must be submitted of the existence of the legal entity and certified copies of the competency certificates must be provided of all persons who will utilise firearms. This requirement cannot immediately be enforced for the reason detailed above.
12. You must submit a certified copy of the resolution of the jurist person, resolving to nominate the responsible person to applicant on its behalf.
13. The forms required are the completion of an SAP 517(e) which is the actual renewal application, and if a person has not applied for a competency certificate then the responsible person must complete an SAP 517 application for a competent certificate and submit proof of having undergone the relevant training. A SASSETA certificate is no longer required to lodge the application for a competency certificate.
14. It is also a requirement that the responsible person complete; annexure "B" on behalf of each firearm.
15. The responsible person must lodge one application form to renew each licence, i.e. you cannot apply for multiple renewals on one form. The same applies to the annexure "B".
16. Each renewal application will cost R70 per firearm and each competency certificate will cost R70.
17. Cash or bank guaranteed cheques only are acceptable, and J payment is not to be made to the designated firearm office^ to the appropriate expenditure office.