1.1.The FIREARMS CONTROL ACT (hereinafter referred to as "the Act") makes it
compulsory before obtaining a firearm licence to obtain a competency certificate.
1.2. The Act requires all individuals who want to possess firearms, trade in firearms, manufacture firearms or conduct business as a gunsmith to obtain competency certificates.
1.2.1 The South African Police Service is primarily responsible for the issuing and reissuing of any competency certificate required in terms of the Act.
2. CATEGORIES OF COMPETENCY CERTIFICATES
- To possess a firearm;
- To trade in firearms;
- To manufacture firearms;
- To conduct business as a gunsmith.
3. RESPONSIBILITIES OF AN APPLICANT APPLYING FOR A COMPETENCY CERTIFICATE TO POSSESS A FIREARM
3.1. The Applicant must complete an application form (SAPS 517) for the relevant competency certificate and deliver it to the Designated Firearm Officer (DFO), in the area where they reside or in the area where their business is situated.
- The Applicant must obtain the necessary training certificate from an accredited training institution.
- The Applicant must submit the undermentioned supporting documentation with the application form:
- Two recent colour photograph (passport size).
- An authenticated copy of page one of their identity document.
- An authenticated copy of the firearm training certificate.
- An authenticated copy of their permanent residence permit in the case of a non SA citizen.
- In the case of an individual who applies for a competency certificate to be registered as a private collector, they must submit a valid certified copy of their membership of an accredited collectors association, as well as proof of their categorisation and certificate endorsing their firearms as collectable, issued by the Collectors Association.
4.
The requirements for a further competency certificate differ from those of the existing or previously issued competency certificates.FURTHER COMPETENCY CERTIFICATES
The DFO must determine which additional tests are required for a further competency certificate.
A further competency certificate is not required in cases where the applicant has received practical training in handguns and now wishes to possess different types of firearms. The applicant need only submit a further practical training certificate with their original competency certificate when they apply for such a firearm.A further competency certificate is required when the applicant has previously obtained a competency certificate to possess a firearm and they now wish to trade, manufacture, or conduct business as a gunsmith.
The following process must be followed for an application for a further competency certificate:
4.5.1.An application for a further competency certificate must be submitted on the SAPS 517(a) Form;
4.5.2.The following supporting documentation must be furnished with the application form:
4.5.2.1. documentary proof that the applicant complies with all requirements of the Act for a competency certificate for the specific category (dealers, manufacturers, gunsmith).
5. All requirements for an application for a competency certificate are mutatis mutandis applicable in the application for the issuing of a further competency certificate.
RESPONSIBILITIES OF THE DFO
- Receive the application form (SAPS 517) from the Applicant.
- Check the correctness and completeness of the application form.
- Check and verify the supporting documentation.
- Hand the application form and supporting documentation back to the Applicant if incomplete.
If application is complete:
- Record the details of the application in the SAPS 86 register.
- Endorse the SAPS 86 reference number and the particulars of the police station on the application form. (In red ink).
- Obtain a set of fingerprints from the Applicant on the SAPS 91(a) form.
- Capture the application form on the Enhanced Firearms Control System (EFCS).
- Scan photograph(s), fingerprints) and signature.
- Write the system generated application number on the application form.
- Issue payment advice to Applicant.
- Receipt proof of payment from the Applicant.
- Attach a copy of the proof of payment to the application form.
- Update the payment on the EFCS.
- Issue an acknowledgement of receipt of the application on the EFCS.
- Date stamp and sign the acknowledgement of receipt.
- Hand the acknowledgement of receipt to the Applicant.
- Conduct interviews and perform background check regarding the Applicant.
Must make a recommendation on the application form whether the application was recommended or not.
Update the application status on the EFCS.
Forward the application form with all supporting documentation to the Central Firearms Register.
6. PAYMENT OF FEES
6.1. The applicable fee must be paid in the following manner;
the fee must be paid at the relevant police station.
the fee must be paid by means of cash or bank guaranteed cheque.
7. PERIOD OF VALIDITY
from the date of issue. (This may be amended during 2007)
7.2. In terms of Section 104(1)(a) of the Act a competency certificate will cease to be.valid from the date the person has been declared unfit to possess a firearm interms of Section 102 or 103 of the Act.
8.RIGHT OF APPEAL
9. THE FOLLOWING SECTIONS OF THE ACT ARE APPLICABLE TO THE
ISSUING OF COMPETENCY CERTIFICATES.
9.1 Section 6
"Competency certificates, licences, permits and authorisations-
(1) The Registrar may issue any competency certificate, licence, permit or authorisation contemplated in this Act:-
on receipt of an application completed in the prescribed form, including a full set of fingerprints of the Applicant; and
if the Applicant complies with all the applicable requirements of this Act.
Subject to Section 7, no licence may be issued to a person who is not in possession of the relevant competency certificate.
Every application for a competency certificate, licence, permit or authorisation must be accompanied by such information as may be prescribed".Section 7
- "Applications by persons other than natural persons -
- When a juristic person wishes to apply for a licence, permit or authorisation in terms of this Act, it must nominate a natural person to apply on its behalf.
- The person so nominated must be identified on the licence, permit or authorisation as the responsible person.
- A responsible person who holds any licence, permit or authorisation issued in terms of this Act pursuant to an application contemplated in subsection (1) on behalf of the juristic person must for purposes of this Act be regarded as the holder of the licence in question.
- If it becomes necessary to replace a responsible person for any reason, the juristic person must nominate a new responsible person who must be in possession of the relevant competency certificate."
Section 9
- "Application for competency certificate -
- An application for a competency certificate to possess a firearm, to trade in firearms, to manufacture firearms or to carry on business as a gunsmith must be delivered to the Designated Firearms Officer responsible for the area in which the Applicant ordinarily resides or in which the Applicant's business is or will be situated, as the case may be.
- Where a person has not previously obtained a competency certificate, a competency certificate may only be issued to such person if he or she-
- is 21 years or older on the day of the application is received by the Designated Firearms Officer;
- is a South African citizen or a holder of a permanent South African residence permit;
- is a fit and proper person to possess a firearm, to trade in firearms, to manufacture firearms or to conduct business as a gunsmith, as the case may be;
- is of stable mental condition and it not inclined to violence;
- is not dependent on any substance which has an intoxicating or narcotic effect;
- has not been convicted of any office under or in terms of this Act or the previous Act and sentenced to a period of imprisonment without the option of a fine;
- has not been convicted, whether in or outside South Africa, of an offence involving the unlawful use of handling of a firearms by him or her or another participant to the offence, whether committed in or outside South Africa;
(h) has not been convicted, whether in or outside South Africa, of an offence involving-
(i) Violence or sexual abuse, whether committed in or outside South Africa, and sentenced to a period of imprisonment without the option of a fine; or (ii) physical or sexual abuse which occurred within a domestic relationship as defined in Section 1 of the Domestic Violence
Act, 1998 (Act no 116 of 1998) whether committed in oroutside South Africa; (i) has not been convicted of fraud in relation to, or supplying false information for the purpose of, obtaining a competency certificate, licence, permit or authorisation in terms of this Act or the previous Act; (j) has not been convicted, whether in or outside South Africa, of an offence involving the abuse of alcohol or drugs, whether committed in or outside South Africa, and sentenced to a period of imprisonment without the option of a fine;
(i) Violence or sexual abuse, whether committed in or outside South Africa, and sentenced to a period of imprisonment without the option of a fine; or (ii) physical or sexual abuse which occurred within a domestic relationship as defined in Section 1 of the Domestic Violence
Act, 1998 (Act no 116 of 1998) whether committed in oroutside South Africa; (i) has not been convicted of fraud in relation to, or supplying false information for the purpose of, obtaining a competency certificate, licence, permit or authorisation in terms of this Act or the previous Act; (j) has not been convicted, whether in or outside South Africa, of an offence involving the abuse of alcohol or drugs, whether committed in or outside South Africa, and sentenced to a period of imprisonment without the option of a fine;
(k) has not been convicted, whether in or outside South Africa, of anoffence involving dealing in drugs, whether committed in or outsideSouth Africa, and sentenced to a period of imprisonment with the option of a fine;
(I) has not been convicted of a offence in terms of the DomesticViolence Act, 1998 (Act no 116 of 1998), and sentenced to a period of imprisonment without the option of a fine;
(m) has not been convicted of an offence involving the negligent handling of a firearm;
(n) has not been convicted of an offence in terms of the Explosives Act,1956 (Act no 26 of 1956),and sentenced to a period of imprisonment without the option of a fine;
(o) has not been convicted, whether inside or outside South Africa, ofan offence involving sabotage,terrorism, public violence, arson, intimidation, rape, kidnapping or child stealing, whether committed in or outside South Africa;
(I) has not been convicted of a offence in terms of the DomesticViolence Act, 1998 (Act no 116 of 1998), and sentenced to a period of imprisonment without the option of a fine;
(m) has not been convicted of an offence involving the negligent handling of a firearm;
(n) has not been convicted of an offence in terms of the Explosives Act,1956 (Act no 26 of 1956),and sentenced to a period of imprisonment without the option of a fine;
(o) has not been convicted, whether inside or outside South Africa, ofan offence involving sabotage,terrorism, public violence, arson, intimidation, rape, kidnapping or child stealing, whether committed in or outside South Africa;
(p) has not become or been declared unfit to possess a firearms interms of this Act or the previous Act;
(q) has successfully completed the prescribed test on knowledge of theAct;
(r) has successfully completed the prescribed training and practical tests regarding the safe and efficient handling of a firearms; and
(s) has, where applicable, successfully completed the prescribed training and practical tests for firearms dealers, manufactures, gunsmith, security officers or other persons who use firearms in the course of their business. Any offence referred to in subsection (2) includes any conspiracy incitement or attempt to commit such offence, and means an offence in respect of which-a court has not made a determination that the person is unfit to possess a firearm despite the conviction;and the sentence has been complied with less than five years before the application for a competency certificate was received by the Designated Firearms Officer.
(q) has successfully completed the prescribed test on knowledge of theAct;
(r) has successfully completed the prescribed training and practical tests regarding the safe and efficient handling of a firearms; and
(s) has, where applicable, successfully completed the prescribed training and practical tests for firearms dealers, manufactures, gunsmith, security officers or other persons who use firearms in the course of their business. Any offence referred to in subsection (2) includes any conspiracy incitement or attempt to commit such offence, and means an offence in respect of which-a court has not made a determination that the person is unfit to possess a firearm despite the conviction;and the sentence has been complied with less than five years before the application for a competency certificate was received by the Designated Firearms Officer.
| (4) |
the disqualification contemplated in subsection (2)(p) ends upon the expiryof a period of five years calculated from the date on which the personbecame or was declared unfit, or the expiry of the period for which the declaration is valid, whichever occurs first.
| (5)(a) |
Despite subsection (2)(a), the Registrar may allow a person under the age of 21 years to apply for a competency certificate if there are compelling reasons which require the person to obtain a competency certificate orlicence to possess a firearm.
| (b) |
Compelling reasons contemplated in paragraph (a) may include the fact that the Applicant conducts a business, is gainfully employed, a dedicated hunter, a dedicated sports person or a private collector.
| (6)(a) |
Where a person has previously obtained a competency certificate, a further competency certificate may only be issued to such person if he or she satisfies such requirements as may be prescribed.
| (b) |
The requirements contemplated in paragraph (a) may not be more onerous than those applicable to a person who has not previously obtained a competency certificate."
9.5 Section 10
"Competency certificate -
(1) A competency certificate must specify
(a) whether it relates to competency to -
(i)possess a firearm;
(ii)trade in firearms;
(iii)manufacture firearms; or
(iv)conduct business as a gunsmith; and
(b) all the relevant tests successfully completed by the holder.
(b) all the relevant tests successfully completed by the holder.
(2) A competency certificate lapses after five years from its date of issue.
This article was prepared by MJ Hood & Associates and is not intended to be nor should it be taken to be legal advice. Each case depends on its unique facts and circumstances.
March 2007
