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LEGISLATION REPORT 2009 - FIREARMS CONTROL ACT:
by Adri Kitshoff

SA Hunters' and Game Conservation Association's (SAHGCA) urgent application to the Court:

On 26 June 2009, the North Gauteng High Court, Pretoria, issued an interim order pending the finalisation of SAHGCA's main application in that all firearm licences issues in terms of the Firearms Act (1969), contemplated in sub-item 1 of Schedule 1 of the Firearms Control Act, 2000 (Act No 60 of 2000) (hereinafter "the Act"), will be deemed to be lawful and valid, pending final adjudication of the main application.

This effectively means that where a person is in possession of a firearm and relevant licence, permit or authorization, issued in terms of the Arms and Ammunition Act, 1969 (Act No 75 of 1969) (hereinafter the "previous Act"), as amended, such a person will remain legally in possession of such firearm and may not be prosecuted in terms of section 3 of the Act. In terms of section 3 of the Act no person may possess a firearm unless he or she holds a license, permit or authorization issued in terms of the Firearms Control Act, 2000 (Act No 60 of 2000), for that firearm.

The main effect of the order is that persons (natural / juristic persons) who have not yet re-licenced their firearms as provided for in the transitional provisions of the Act, or have not yet disposed of the firearms as required by the Act, may lawfully remain in possession of those firearms, at least until the main application has been decided.

In terms of a SAPS press release dated 27 June 2009, all firearms that have been voluntarily surrendered to the South African Police Service, for the purpose of destruction, may not be destroyed until further directives in this regard has been disseminated from the Central Firearms Registrar's office. These firearms may not be handed back to the original firearm owner. However, any person who opted to sell/donate their firearms to other persons/legal entity, and who in the meantime have surrendered such firearms for safe keeping to the South African Police Service, may retrieve (if so desired), their respective firearms and firearm licences from the police stations where they were handed in.

All storage permits issued for firearms in terms of the previous Act will remain valid until the expiry date of such permit. Further storage permits (SAPS 539) may be issued in terms of Regulation 86(4) of the Firearms Control Regulations, 2004, for a further period if required. All firearms which are currently in safe storage with licenced firearm dealers and gunsmiths, will remain valid and need not be handed to the South African Police Service for destruction. In the case where a person applied for the renewal of his/her firearm licence and such renewal application has been refused and/or the appeal has not been successful, such person may legally continue to possess such firearms in terms of the previous Act, until further notice from this office.

SAHGCA's main application to the Court: In the main application yet to happen, the Court will have to pass judgement on the following: - The constitutional principles regarding private property;
- The principles of criminal prosecution; and
- Whether fair administrative procedures were applied.

CHASA's Role:
CHASA Board has taken a decision on 5 September to enter as a "Friend of the Court". CHASA has in the mean time requested member associations to pledge money towards a legal fund. Our association made R27500 available, to be paid over on request from CHASA.