Police compelled to act against non-renewal of gun licences

AMANZIMTOTI police warn of the serious implications of contravening the tenets of the Firearms Control Act, 2000 (Act no 60 of 2000).

In a recently reported case, a man was found guilty in a magistrate’s court for failing to renew his licence in time, as required by the Act.

He was sentenced to two years’ imprisonment or a fine of R10,000.

In terms of section 24 of the Firearms Control Act, a person who has been issued with a licence to possess a firearm is obliged to renew it at least 90 days before its expiry date.

Section 27 of the Firearms Control Act, 2000 provides for the period of validity of each type of licence and permit that is issued. These dates are also reflected on the licence cards, which are issued by the South African Police Service (SAPS). However, in terms of section 28 of the Firearms Control Act, 2000, a firearm licence terminates on the expiry of the relevant period, unless it is renewed.

The firearm owner has the option of selling, donating or deactivating the firearm, which must be concluded before the expiry date. If an application for the renewal has been lodged before the licence has expired, the existing licence remains valid until the application has been decided.

New directives provided to police in a circular dated 3 February 2016 drew attention to the following:
* In the case where a person wants to renew or apply for a licence, but the validity of the licence has already expired, the person must be informed that he/she is not in lawful possession of the firearm anymore and that the firearm must be surrendered to the nearest police station.
* When a firearm in respect of which the licence has expired, is voluntarily surrendered, the owner will not be prosecuted.
It is clear that provisions were made for persons who failed to renew their firearm licences, to voluntarily surrender their weapons and ammunition to the nearest police station, following which prosecution would not be instituted against the person.

This position prevails and, therefore those who voluntarily surrender their firearms at police stations will not be charged for the illegal possession thereof.

However, where a police official discovers a person who is in possession of a firearm but who has failed to renew their licence (meaning they did not apply for the renewal of the licence), the police official may institute criminal proceedings against the person for the illegal possession of a firearm in terms of section 3 of the Firearms Control Act, 2000.

The registrar of firearms is ultimately responsible for the implementation of the Firearms Control Act, 2000, which includes administrative steps that are reasonable, fair and lawful.