In a recent talk on firearms, Juan Kotze discussed the legal ramifications of shooting an intruder in one’s house, the psychological effects thereof and also shared some case studies from his own career.
Kotze has been practising as a criminal defence attorney for about 30 years.
He is also a director of the National Hunting and Shooting Association (NHSA).
At the talk, held in Brentwood Park, the biggest subject under discussion was the shooting of an intruder or attacker.
Alan Mallinick, a tactical firearms trainer, told the audience owning a firearm requires an immense psychological shift.
“I support firearm ownership in SA, but strongly advocate responsibility in this regard,” he said.
Kotze and Mallinick emphasised that the only circumstances under which a firearm owner may shoot at another person are when they pose a direct danger to your life or someone else’s life.
Mallinick said it is too complicated to define direct danger in this regard, as each situation is different: “Right of life will take priority above property; you can’t shoot someone who only steals your belongings, there has to be clear danger, but where do you draw that line?”
Kotze warned the attendees to have a lawyer ready if they own a firearm.
He gave several shooting survival tips:
- don’t leave or tamper with the scene;
- report the shooting incident to the police or paramedics;
- make it clear that you were the victim. Give a brief description of the incident to enable police to follow up;
- promise to give co-operation;
- point out injuries, witnesses or exhibits;
- stop talking. Tell police your lawyer has advised you not to make a statement without his or her assistance;
- call your lawyer;
- be mentally prepared to fight for your survival. Accept you may be arrested.
Before a firearm licence can be obtained, the applicant must have a competency certificate, which is given after extensive training at a Safety and Security, Sector Education and Training Authority (Sasseta) approved shooting range.
Kotze said firearm licence holders must practise regularly by visiting a shooting range.
For self-defence weapons, the licence is valid for five years.
Application forms can be obtained from the police or the Internet.
He added that renewal of a licence must be applied for at least 90 days before its expiry date.
