Private security industry concerned about new gun law

The private security industry raised concern over the proposed Firearms Control Amendment Bill, warning the changes will hamper its ability to respond to crime and protect communities.

The department of police, in conjunction with the industry regulator, recently gazetted a set of draft amendments aimed at tightening firearm control within the private security sector. According to the gazette, the amendments would limit the number and types of firearms that security personnel may use.

Semi-automatic firearms may only be used for transporting valuables or protecting critical infrastructure. Shotguns and handguns would be restricted to roles such as armed response and close protection.

All firearms used must be equipped with approved tracking devices and both the service provider and the devices must be vetted and approved.

Unintended consequences of new gun law

Vision Tactical director Yaseen Theba warned while the proposals were well-intentioned, they could have unintended consequences.

“Private security companies play a vital role in safeguarding communities and responding to crime when law enforcement is unable to do so timeously. The proposed restrictions on firearm ownership directly threaten the operational effectiveness of security companies.

“In a high-crime country like South Africa, it is imperative that security professionals are adequately equipped to confront the ever-present threat of violent criminals,” Theba said.

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The amendments also propose banning the possession of firearms by security personnel in public spaces such as taxi ranks, cemeteries, stadiums and shopping malls.

Restricting use of handcuffs

Another key provision targets handcuffs, which are now classified as weapons. The use and issuing of handcuffs would require regulator approval and individuals must receive proper training before being allowed to use them.

“Restricting firearm ownership for security personnel, who are trained professionals, would undoubtedly impede their ability to respond swiftly and decisively in the face of danger. This shift in policy risks leaving many South Africans unprotected, particularly in the absence of sufficient public policing resources,” Theba said.

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The proposals go beyond firearms: private security companies will no longer use tasers, teargas, water cannons, stun grenades, rubber and plastic bullets.

Companies seeking to use such equipment would need to apply for approval seven days in advance.

‘Criminals do not adhere to firearm regulations’

Such measures could encourage criminals, who are already operating with little fear of punishment, Theba said.

“The core issue with the amendments is that they fail to address the fundamental problem: criminals do not adhere to firearm regulations. Criminals will continue to use illegal firearms, undeterred by the tightening of laws that only affect law-abiding citizens and private security professionals. As a result, these regulations may inadvertently create a more favourable environment for criminals.”

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Security strategist and retired Interpol ambassador Andy Mashaile said: “Firearms in the hands of law-abiding citizens are an absolute necessity in the era of organised crime gangs that intrude into people’s homes and unleash wanton violence on family members. Firearms become crucial in defending homes,” he said.

“Illegal firearms in the hands of criminals are a serious problem for law enforcement agencies. They are a weapon of choice in the killing of police officers. These are the firearms that the SA police department must focus its energy on.”

Mashaile called on the police to be transparent about how it plans to collect illegal firearms and what its daily, weekly and monthly targets are for removing them.

“The proposal is well-intentioned but poses a risk for those who use firearms responsibly.”

The proposal is currently open for public comment.

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