All existing firearm licence holders including legal persons must re-licence their firearms as specified in GG26664/20-8-2004. This means that all persons with birthdays between January and March must renew their licences during the year 2005, April to June in 2006, July to September in 2007 and the last three months of the year in 2008. Firearms owned by legal entities must re-licence their firearms in 2006.
In order to apply to renew a licence (or to obtain a new licence) an individual must be in possession of a competency certificate issued by the South African Police Service (SAPS) as required by s 9 as read with regs 13 and 14. These regulations are lengthy and complex but in essence the applicant must be a fit and proper person, not have any criminal convictions involving violence, sexual abuse or the use of drugs or alcohol and must not have a history of mental or emotional instability.
Regulation 14 modifies the requirements specified in s 9. There is no automatic disqualification from obtaining a competency certificate even if you have a criminal conviction if thatconviction and sentence was completed at least five years before the lodging of the application for a competency certificate or firearm licence.
However, reg 14 gives the Registrar the discretion to conduct
'an investigation or enquiry contemplated in terms of Section 124(3) which allows the Registrar to conduct any such enquiry that the Registrar deems necessary in order to exercise -his or her powers or carry out his or her duties in terms of the Act'.
Certain key indicators are specified that will at the discretion of the Registrar allow him to commence such an enquiry. They are the following:
- The service of a domestic violence order in the last five years on any applicant.
- The denial of a licence in the past five years to any applicant.
- In the previous five years the applicant having attempted or threatened suicide or suffered from major depression or emotional problems or engaged in toxicating or narcotic substance abuse.
- Whether in the past five years the applicant has been diagnosed or treated by a medical practitioner for depression or drug-related illnesses.
- Whether in the past five years the applicant has been reported to the police or social services for alleged threatened or attempted violence or conflict.
- Whether in the past two years the applicant has experienced a divorce or separation from an intimate partner where there are written allegations of violence.
- Whether in the past two years the applicant has experienced a forced job loss.
It would seem, therefore, that even if one does not objectively comply fully with the competency provisions, the Registrar has a discretion to conduct an inquiry and receive information that may allow him to waive strict compliance with the competency provisions. Of course the application of these provisions in practice is a different matter and will, in the absence of a court order, in all probability result in an automatic disqualification from obtaining a licence.
There is a fundamental difference embodied in the Act that distinguishes persons applying for a licence renewal and persons applying for a new licence. In terms of s 11(3) of the transitional provisions relating to licence renewals s 9(2)(r) of the Act does not apply. Section 9(2)(r) of the Act states that an applicant for a competency certificate who 'has successfully completed the prescribed training and practical tests regarding the safe and efficient handling of a firearm.' It is therefore not necessary for an applicant for a licence renewal to complete a practical test. An applicant to renew a licence needs only to complete the test specified in reg 9(q) which is a prescribed test on knowledge of the Act.
At the time of writing, the prescribed test had not yet been approved by the South African Qualifications Authority in terms of the unit standard so it is impossible at this stage to obtain a valid issued competency certificate. There are also no assessors or instructors accredited to teach this standard, and no approved training material.
Limitation on number of firearms and ammunition
There are numerical limitations specified in the Act. Generally speaking, a person who is not deemed dedicated in terms of the Act is limited to a maximum of four firearms. One firearm (generally a handgun) may be possessed for self-defence and this includes any shotgun that is not self-loading. A second handgun may be licensed for the purposes of occasional sport shooting and the remaining two licences may be shotguns or rifles. If one does not have a handgun for occasional sport shooting this can be substituted with a shotgun or rifle.
Please note that these are the maximum numbers allowed and applicants will not automatically be granted up to four licences. Each application must be thoroughly motivated specifying its purpose because the SAPS introduced the concept of 'need for a specific firearm' although this is only a requirement specified in s 13(2) which deals with licences for self-defence and reads as follows
'the Registrar may issue a licence under this section to any natural person who - (a) needs a firearm for self-defence; and
(b) cannot reasonably satisfy that need by means other than the possession of a firearm'.
There is no definition of 'need' in the Act and there is no definition of what a 'proper motivation' is. Currently the SAPS is refusing firearm licences in terms of the old Act on the basis of 'insufficient motivation/not convinced of need' although this is not a legal requirement.
The maximum number of firearms may, however, be exceeded if one is deemed to be dedicated in terms of the Act either as a hunter, sport shooter or collector. In order to become dedicated one has to be a member of an accredited sport-shooting or hunting association, and in terms of regs 4(b)(1) and (2) that association must have a relevant training course that complies with the South African Qualifications Authority Act 58 of 1995 as read with the Skills Development Act 97 of 1998. Once again unfortunately the unit standard necessary for this course is not yet complete and has not yet been promulgated. Collectors are governed by different set of complex regulations and will not be dealt with in this article.
Ammunition is limited to 200 rounds per calibre per licence unless one is deemed to be a dedicated hunter or sport shooter in which event there is no limit on the amount of ammunition a person may possess. Presumably this exception applies only to licences issued for dedicated hunting or dedicated sport-shooting although the Act does not specifically say this.
In addition to this, for those persons who reload ammunition for the first time a limit of 2 400 primers per licence is imposed but this does not exempt the licence holder from having a maximum of 200 rounds at a time in his possession.
