MEMORANDUM TO CLIENTS
WHAT HAPPENS AFTER THE 30TH JUNE 2009
1 On the 30th June 2009 the transitional provisions to the Firearms Control Act terminate.
2 This means that all licences issued under the Arms and Ammunitions Act 75 of 1969 terminate if a person has not applied to have their firearms re-licenced. If an application has been made to re-licence the firearms then the Arms and Ammunitions Act licence or permit remains valid until a decision is made on the renewal application.
3 Many people have or wanted to lawfully dispose of their firearms before the 30th June 2009, which they did not apply to re-licence. Lawful disposal includes sale, donation, deactivation or destruction. The firearms can be handed into the South African Police Services for destruction, sold or given to a private individual or a deactivation permit may be applied for. This memorandum focuses on the following aspects:
3.1 Handing of a firearm to the South African Police Services;
3.2 Disposal of the firearm to a private individual;
3.3 Disposal of a firearm to a dealer.
4 The South African Police Services in terms of their memorandum dated the 16th March 2009, a copy of which is attached have decided that there is no possibility at this stage of any person keeping a firearm licenced in terms of the Arms and Ammunitions Act and for which a renewal applications has not been made in their possession, beyond the 30th June 2009. The South African Police Services has directed that all firearms that have been lawfully disposed of, but not yet licenced into the name of the new applicant must either be handed to the South African Police Services for safekeeping, pending the issue of a licence or they must be handed to a dealer.
5 We cannot recommend that firearms be handed to the South African Police Services, because they simply do not have the capacity to look after and safeguard firearms, particularly firearms that may have considerable value. The handing of firearms to a dealer involves a specific procedure. This procedure entails the licence being cancelled and upon handing of the firearm over to the dealer, the dealer effectively becomes the owner of the firearm. A new application is then made by the “owner” to licence the firearms in terms of the Arms and Ammunitions Act. This option is not available to any person who has already submitted an application to the South African Police Services for the transfer of the licence, but which has not yet been issued. The only option available to a person in these circumstances is that the firearm must be handed to the South African Police Services for safekeeping.
6 There are certain disadvantages to handing a firearm to a dealer for cancellation of the licence, although this is our recommended and preferred option.
7 Firstly, the dealer is entitled and in all probability will charge for storage. The storing of a firearm is a normal commercial transaction for which dealers are entitled to be compensated. Secondly, should the dealer be placed into liquidation, that firearm will form part of the insolvent estate and the firearm will in all probability have to be repurchased by the “owner” from the trustee of the insolvent estate. Thirdly, there is no guarantee that any specific dealer will safeguard a firearm properly in looking after it and caring for it and that such dealer will not sell that firearm to a third party without the “owner’s” consent.
8 Please note that this document is for information purposes only and is not intended to be exhaustive at this stage, but is merely a brief explanation of the legal situation as at 24 April 2009.
