Court makes important ruling on Firearms Control Act

MUST READ for gun owners – sections 24 and 28 of the Firearms Control Act declared unconstitutional.

The High Court in Pretoria has declared sections 24 and 28 of the Firearms Control Act 60 of 2000 unconstitutional and given Parliament 18 months to amend the Act to ensure constitutional compliance.

This news was received by the Herald on Tuesday, 4 July.

Johan Krogh, General Manager of EPR West Rand, addressed residents, business owners and organisations at their open day event in May this year regarding the pending amendment of certain sections of the Firearms Control Act.

Krogh said that an application had been lodged by three major organisations (one of them being the SA Hunters’ Association) for certain changes to be made to the Act.

Judge Ronel Tolmay, ruled in favour of the SA Hunters’ Association, declaring that all firearms issued in terms of the Firearms Control Act which are or were due to be renewed in terms of section 24 of the Act shall be deemed to be valid, until the Constitutional Court has made its determination on the constitutionality of the aforesaid sections.

Section 24 of the Act provides that firearm licence-holders have to apply for renewals at least 90 days before the expiry date, but the SA Hunter’s Association argued that it was almost impossible to meet the requirements of the Act if one failed to apply within the 90-day limit as there was no provision in the Act for late applications – not even if there were legitimate reasons.

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