Court ruling forces 400 000 people to surrender unlicensed firearms

CURRENTLY there are between 420 000 and 470 000 people in South Africa with expired gun licenses. That’s according to the figures provided by the Central Firearms Registry.

These individuals, who are now in possession of unlawful firearms, are required to surrender their guns to the South African Police Service.

This comes after the Constitutional Court (ConCort) ruled that the Firearms Control Act of 2000 – particularly sections 24 and 28 – were indeed constitutional. The final ruling follows a long court battle between the South African Hunters and Game Conservation Association (SAHGCA) and the minister of police.

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In July last year the Pretoria High Court ruled in favour of the association. Judge Ronel Tolmay at the time deemed the sections unconstitutional, and gave parliament 18 months to amend the act. Following the ruling all firearm licenses that were due to be renewed in terms of the Act were deemed valid until the Constitutional Court made its final ruling.

At the time the SAHGCA argued that the Act was ‘vague, unfair and unreasonable’.

ConCourt ruling

Since the ConCourt overturned the Pretioria High Court’s decision on 7 June 2018 the Northglen News has been inundated with calls of concern and confusion from people who could be sentenced to 15-years in prison for the unlawful possession of firearms.

SAHGCA CEO, Fred Camphor said they were disappointed by the final ruling – especially since there was no option of any further legal redress.

“We believe that the decision was taken very narrowly, especially since in his judgement, Justice Johan Froneman acknowledged there were problems with the administration of the Act,” he said.

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Camphor said they were hoping for clarity on the legislation, but have instead been met with more confusion.

“Police have been mum since the ruling was made, people are confused as to when they had to hand in their unlicensed weapons – should it have been the day after, been done withing a week, a month or a year? When will they start prosecuting people? There has been no official statement. This clearly contributes to bigger uncertainty and hysteria,” he said.

“People who forget to renew their gun license are not given alternative options. They simply forfeit their weapon. It often happens that people forget to renew their driver’s or car licence, however they are not mandated to have their car destroyed,” he added.

Surrender ASAP, says SAPS

Captain Raymond Deokaran, of the Durban North SAPS said people, who are in possession of firearms whose licenses have expired, are urged to surrender the weapon and ammunition to their nearest police station as soon as possible.

“They should not be afraid. Those who do so do not face any repercussions. Police have been instructed to implement an action plan to ensure an effective implementation of the court ruling. Unlawful firearms and/or ammunition surrendered to the police will be destroyed,” he said.

ALSO READ: Gun owners reminded to renew licences

He warned the public to ensure that they receive a receipt proving that the firearm had been surrendered.

National police spokesperson Brigadier Vishnu Naidoo confirmed that those who failed to surrender their unlawful weapons would be arrested.

Naidoo confirming that those who failed to do so would be arrested.

Firearms Control Act quick info:

Before the Firearms Control Act of 2000‚ a license to possess a firearm lasted for life.

After the Act was passed members of the public, who wished to own a firearm, had to regularly renew their firearm licenses.

Section 13 licenses (mostly handguns for self defense) have to be renewed every five years

Section 15 and 16 licenses (occasional and dedicated hunting and sport shooting) have to be renewed every 10 years

Section 24 of the Act states that a person must apply for renewal of their firearm license at least 90 days before the expiration date

Section 28 asserts that the license of a firearm is terminated at the expiry of the relevant period in the Act.

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