After a long court battle between the South African Hunters and Game Conservation Association and the Police the Constitutional Court recently ruled that sections 24 and 28 of the Firearms Control Act (2000), under which gun owners must renew their firearm licences or forfeit guns for which licences have expired to the state, are constitutional.
On national and provincial level the South African Police Service confirmed that those who failed to do so would have to surrender their weapons or face the consequences.
Although Provincial Police Spokesperson Moatshe Ngoepe could not provide figures of how many Limpopo firearm owners were affected, he indicated that the Constitutional Court ruling dictated that any person who failed to renew the firearm licence as contemplated in terms of the relevant sections of the Firearms Control (2000), will be declared to be unlawfully possessing a firearm(s) from the date on which the period of validity of the licence(s) expired and will be required to surrender all such firearms.
The Police pronounced that firearm owners whose licences had expired, may surrender such firearms and ammunition with no fear to the nearest Police station. Ngoepe advised and encouraged firearm owners to take serious note of the clearly outlined plan:
• No Police station must send any person away who wants to surrender firearms.
• All firearms with the expired licences must be handed in for destruction.
• All Police stations have all the necessary resources to deal with surrendered firearms and ammunition.
• Firearms will not be held for more than 24 hours at any Police station.
• All firearms handed in will be kept at a designated place to minimise all the risks.
• All firearm owners will be provided with a receipt that reflects the Occurrence Book entry and SAPS 13 number.
• A consolidated report is to be sent to the Police’s provincial office before 8:00 every day.
• Please take note that the green licence that was not migrated to the white licence is still valid but those who migrated from green to white licences cannot use the green licence as a valid licence for the firearm as it seized to exist with the issuing of the white licence.
• No compensation can be paid for illegal firearms and illegal firearms cannot be relicensed or handed over to the dealer.
• The only way to get rid of the firearm is to surrender it to the Police for destruction.
• It is contravention of the Firearm Control Act when you damage, destroy or hand over the firearm to the Police in pieces.
• If anyone encounters any form of problem about this process the station commanders are there as sole custodian of this project.
Ngoepe indicated that the doors to station and cluster commanders as well as management of the provincial Police will remain open to assist anyone to ensure a smooth process.
Acting Provincial Commissioner Jan Scheepers has appealed to all firearm owners to comply fully with the judgement because all those who will be found in possession of a firearm without a renewed licence will be dealt with accordingly.
Story: RC Myburgh
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