ADDITIONAL COMMENTS MADE AT THE PORTFOLIO COMMITTEE DURING PUBLIC HEARINGS ON THE FIREARMS CONTROL BILL
|
CLAUSE |
ORGANISATIONSUBMITTED PROPOSAL |
PROPOSED CHANGE TO THE BILL |
DEPARTMENTAL COMMENT |
|
Preamble |
CHPUI - WCU |
Emphasis on safe storage of firearms should be placed in the Preamble of the Bill |
Policy issue |
|
Purpose |
CHPUI - WCU |
Strong emphasis on storage of firearms |
See comment above |
|
1(xii) |
SANRA |
Definition of a firearm impractical to licence a barrel and receiver the word "barrel" should be removed from the definition and the receiver should be licensed. The receiver is the mechanism that would fire the ammunition and make the firearm function. If dual parts are going to be licensed there is a conflict with 13(1) of the bill. Conflict 26-2 number of the gun should be on either the barrel or receiver - Shooters change barrels regularly |
Policy issue but the Department is not oppose to this suggestion |
|
4(3) |
R Wesson |
Minister may change the law without consulting |
Policy issue |
|
4 |
Adv. J I Welsh |
Semi-automatic rifles not necessary to have these prohibitions |
The Department does not agree with this position |
|
5(1)(a) + (b) |
SANRA |
Chapter 3 Special provision The words "compressed" and "hydraulic" should be inserted in this Section between "explosive" and "powered" |
Department does not agree |
|
11(2) |
SACC |
We agree that conviction for any of the offences listed (violent offences--including domestic violence, offences involving a firearm, fraud, and alcohol and drug-related offences) should all disqualify a person from receiving a competency certificate. However, we are concerned that, in terms of section 11(3) only convictions that earn a sentence of more than six months imprisonment without the option of a fine constitute "offences". Any conviction for a violent or firearms-related crime should render the perpetrator ineligible to obtain a firearm. We therefore recommend the deletion of section 11(3)(a). |
Policy issue |
|
11(3) |
CHPUI - WCU |
Offences of 6 months in prison should be removed Offences of assaults, Domestic Violence etc. should be an early warning sign that he/she has an inclination to violence. |
On the one hand the department agrees but on the other some measure is required to exclude petty contraventions |
|
11(3) |
CHPUI - WCU |
Once a person is convicted and an appeal is instituted no consideration should be given to an application of an firearm |
Policy issue |
|
11(2) |
SANRA |
Age of 18 should be consider for person who is not a dedicated hunter or sports person |
Policy issue |
|
11(2) |
Soul City |
Age for competency should be 25 yr. |
Policy issue |
|
11(2)(m) |
SACBC |
Support the inclusion of Domestic Violence |
No comment |
|
11 |
CHPUI - WCU |
Competency Certificates should only be issued to a person older than 25 yr. Schools currently have youths older than 18 yr. and this causes great concern where learners of the age of 18 may legally possess a firearm while still attending school Gang activity a number of youths in the age category of 18-29 yr. is involved in gang activity. By raising the age would address the risk of young people being able to possess firearms in this risk categories Limitation of the right to possession is a justifiable limitation |
Policy issue |
|
11 |
CHPUI - WCU |
Competency Certificate The Family should provide information to the DFO when considering a competency certificate |
Policy issue |
|
11 |
CHPUI - WCU |
Input and objection by partner , family and community should be considered before a competency certificate is issued to an applicant |
Policy issue |
|
11 |
NFVAWWC |
Competence certificate - The names of applicants for competency certificates must be published in local newspapers. The identity of the objector should not be made public |
Policy issue |
|
11 |
Adv. J I Welsh |
Licensing of a person rather than the firearm Need to register a firearm and license a firearm owner |
Policy issue |
|
11 |
Adv. J I Welsh |
Bill refer to competency certificate skill to use a firearm, is the person fit and proper to possess, trained in the safety in the use of firearms |
Policy issue |
|
11 |
SACBC |
Support the applicant need to have save gun practices |
No comment |
|
11 |
SACBC |
Age limit increasingly that youth between 16 and 21 are irresponsible youth at risk due to apartheid breaded disrespect for human life easy access to firearms not good. 21 is also a coming of age in a lot of cultures |
Policy issue |
|
11 |
SACBC |
References from faith healers should be obtained as part of the approval process for competency certificates |
Policy issue |
|
11 |
SACBC |
Competency certificate encourage the promotion of non-violent of conflict resolution applicants to undergo a course in Conflict resolutions |
Support this comment |
|
11 |
SACBC |
Backgrounds on screening partners should be informed and also the opportunity to object to the granting of the license. |
Policy issue |
|
15(1) |
CHPUI - WCU |
One gun for self defence Second to handguns, shotguns is the firearm of choice in shooting incidence Shotguns should require special provisions |
Policy issue |
|
15 |
NFVAWWC |
Reasons for obtaining self defence firearms need to identify criteria for the approval of licences on firearms what is the test also to limit the registrar in his discretion Does not specify that a competency certificate should be applied for renewal |
These will be dealt with in detail in the regulations
Competency certificates will be required in renewal |
|
15 |
R Wesson |
Encourage the proliferation of firearms because one gun can only be used for one purpose |
Department notes this and has proposed certain amendments |
|
15 |
BTGA |
As a farmer we need to defend a large area no limitation on the number of firearms to be possessed |
Policy issue |
|
15 |
Adv. J I Welsh |
Re-registration and re-licensing of firearms - This process will not contribute to crime prevention if the firearm is stolen you will only realised it later Will not get a service form the state renders Firearms is not the cause crime Firearms are but tools used by craftsman. |
Policy issue |
|
15 |
Adv. J I Welsh |
Should not prescribe how many guns should be possessed for self defence but they have to convince the registrar that there is a need for anther firearm |
Policy issue |
|
15 |
SACBC |
Firearms should only be available to people that can show extra ordinary need for guns |
Policy issue |
|
15 |
SACBC |
Oppose that shotgun and handgun for self defence community will be at greater risk limit or decrease the number of guns in society |
Policy issue |
|
16(2) |
SACC |
We appreciate the Bills particular emphasis on controlling the proliferation of handguns, given their close association with incidents of gun violence. However, we believe that, in most cases where individuals feel that they require a gun for self-defence, a single gun should suffice. If provision must be made for an individual to possess a second (non-restricted) firearm for protection in exceptional circumstances, then the applicant should be required to explain why a single gun affords inadequate protection, just as she or he would be required to do if applying for a licence for a restricted firearm in terms of section 16(3). |
Policy issue |
|
17 |
CHPUI - WCU |
Occasional hunter is not require to belong to association as part of its regulation. This provision could be abused. It is proposed that occasional hunters should be required to belong to an association |
Policy issue |
|
18(1) & 17(1) |
SANRA |
Prohibitions on possession by an Occasional hunter of a semi-automatic rifle but a dedicated hunter may not possess such a firearm |
The Department has proposed an amendment |
|
18 &19 |
TAU |
The bill requires members to belong to an association this is contrary to the Constitution which state the right to association and personal choice |
Policy issue |
|
20 |
SANRA |
Private Collectors may want to hunt with their collected firearms once a year Private collector be allowed to use his collection for other purposes |
Department has proposed and amendment to accommodate this comment |
|
23 |
CHPUI - WCU |
Security officers need to have competency certificate |
Security officers will be required to have |
|
23 |
SAGRO |
The legislation does not make provision for the game rancher. A game rancher do manipulation of game stocks in the industry only by firearms which qualify as tools of the trade Requested a separate category under Sec 23 Section is vague and want a separate category will address specific needs |
The Department has proposed an amendment to this comment |
|
23 |
TAU |
Firearm a tool to a farmer |
No Comment |
|
23 |
BTGA |
Shotguns are use as a tool of trade in the Western Cape to deal with pests that threaten grape crops |
No Comment |
|
24 |
SACBC |
No lending of firearms |
The Bill does not make provision for lending of firearms |
|
27 |
SAGRO TAU |
Re-licensing of licences It is proposed that an audit of firearms should be utilised. Owners of firearms should automatically qualify for licensing rather than re-licenses Renewal of licence no guarantee that legal firearms will become illegal firearms with heavy penalties |
Policy issue |
|
27 |
SAGRO |
Ranches situated in remote areas need to protect customers |
Provision is made for self defence in the Bill |
|
27 |
R Wesson |
Re-licensed guns can be refused at the whim of the Registrar. Generally it is difficult to get a licence |
Policy issue |
|
27 |
SACBC |
Annual renewal of licences self defence, business purposes and restricted |
Policy issue |
|
30 |
SAGRO |
Period of validity of licenses at least for 10 yr. Should enjoy same status of dedicated hunters |
Policy issue |
|
34 |
SACBC |
Support the increase transparency of sale, movement of guns through dealers |
No comment |
|
80(3) |
SACC |
Far from advancing these objectives, eliminating the obligation to secure NCACC approval for arms exports merely invites further erosion of public oversight. Therefore, we strongly urge that section 80(3) of the draft bill be reinstated as section 79(2) of the current Bill |
The Bill drafted for the NCACC will accommodate this issue |
|
86 |
CHPUI - WCU |
Bill need to specify that the firearm need to be stored in a safe explicitly. |
This will be dealt with in the Regulations |
|
94(3) |
WPSBA |
Rim-fire ammunition can not be re-loaded Section 94(3) should apply to sec 94(1) and 94(2) No transitional arrangement for access of ammunition on possession of the limit prescribe |
No comment |
|
94(3) |
SANRA |
Limitations in sections 1 and 2 should not be applicable to dedicated sport and hunters |
It is not |
|
94 |
TAU |
Restriction of ammunition need to keep birds of crops |
No comment |
|
96(2)(a) |
SANRA |
Each and every primer and propellant has different use - in respect with every licence you need the specific primer and propellant the volumes "per licence "be added in section a and b |
Department has proposed an amendment |
|
101 |
CHPUI WCU SACC |
No requirements are stated in the Bill for the issuing of competency certificates. Bill should state objective criteria to define a fit and proper person Police Officer who is found guilty of violent offences and in particular of Domestic Violence protection orders issued against him/her should not be in possession of any firearms |
This will be dealt with in the Regulations |
|
105 |
NFVAWWC SACC |
Registrar has a to wide a discretion May have to be changed by must |
Policy issue |
|
106 |
CHPUI WCU SACC |
Once a person is declared incompetent he/she should always be incompetent and no firearm licence may be issued to such a person |
Policy issue |
|
106 |
NFVAWWC SACC |
There is a great concern that perpetrators of Domestic Violence will be able evade declaration of unfitness due to the limitation placed in the sentence which is stipulated in the Bill A fit and proper person needs to be defined |
The Department is of the opinion that the limitation is necessary in order to avoid petty convictions resulting in a person being declared unfit
No comment |
|
106 |
SANRA |
Whole of section 11 be applicable on 106. Cross ref. 11(a) crimes that disqualify only regarded as offence 6 months without option of fine (g) |
No comment |
|
106 |
SACBC |
Grounds of unfitness by means of a firearm if person want to kill or endanger is good enough need to exclude particular means |
The Department is of the opinion that this could lead to unjust results |
|
123(2) |
SANRA |
If the offender drops a firearm on the scene all witnesses should leave the scene |
Department has proposed an amendment |
|
127(1)(h) |
CHPUI - WCU |
Designated firearms officer should be adequately resourced |
No comment |
|
128 |
SACBC |
Support the upgrading of the Central Firearms Register |
No comment |
|
137 - 140 |
TAU |
Resale value of guns- will government refund owners for loss |
Policy issue |
|
143 |
CHPUI - WCU |
Taxis should be declared Firearm Free Areas. The proposed legislation should include all public transport vehicles |
No comment |
|
143 |
TAU |
Do not support Firearm Free Areas |
No comment |
|
143 |
SACBC |
Support the inclusion of Firearm Free Zones |
No comment |
|
150 |
CHPUI - WCU |
Regulations should be drafted to a specific timeframe which should be stated in the Bill |
No comment |
|
150 |
R Wesson |
Lack of regulations |
No comment |
|
150 |
Adv. J I Welsh |
Minister had various rights in terms of which he can pass regulation in accordance with this bill |
Policy issue |
|
153 |
BTGA |
Firearms can not the Inherited |
Provision is made for the inheritance of firearms |
|
155 |
SANRA |
Deactivated firearms gunsmith can certify deactivated firearms |
This is already contained in the Bill |
|
Schedule 1 |
CHPUI - WCU |
Transitional arrangements Stricter scrutiny |
No comment |
|
Schedule 4 |
SACBC |
Support the harsh penalties |
No comment |
|
Miscellaneous |
CHPUI - WCU |
There is no central database on protection orders to ensure that no person with a protection order obtain a firearm |
The Domestic Violence Act should make provision for this requirement |
|
Miscellaneous |
CHPUI - WCU |
No accurate statistics are available to collect information on injuries on firearm violence. Provision should be made as part of the Health Act |
Department supports this proposal |
|
Miscellaneous |
R Wesson |
Most violence inflicted by state owned firearms Current legislation is good enough |
No comment |
|
Miscellaneous |
R Wesson |
More victims shot by firearm has a better change surviving the attach than victims of knife wounds |
No comment |
|
Miscellaneous |
R Wesson |
If you increase legitimate firearm ownership you reduce murders |
No comment |
|
Miscellaneous |
SANRA |
We support the bill as it stands as there is substantial loopholes in current Act |
No comment |
|
Miscellaneous |
Soul City |
Exposure to gun related violence of children is very high due to the high levels of gun violence in our society. |
Department agrees |
|
Miscellaneous |
Soul City |
Access to guns During the research conducted children indicated that they have easy access to guns |
No comment |
|
Miscellaneous |
Soul City |
Exposure to gun related violence of children during a study showed: Children are aware of the hazardous and unsafe areas in their environment The levels of exposure of children to gun related violence incur high levels of trauma to the children involved Gang related violence has a high level of firearm involvement Firearm violence is an integral part of childrens lives Children experience a sense of powerlessness Children utilise a number of strategies to avoid danger in their environment and are powerless to deal with gun violence |
No comment |
|
Miscellaneous |
SASSF |
Effectiveness of Law Nothing wrong with the current Act need to enforced the Act |
No comment |
|
Miscellaneous |
SASSF |
Consistent Bill is not addressing the criminals |
No comment |
|
Miscellaneous |
Adv. J I Welsh |
Bill Predominantly aimed at disarming law abiding citizens |
No comment |
|
Miscellaneous |
Adv. J I Welsh |
The current law can be streamlined and updated |
The Department is of the opinion that new legislation is required |
|
Miscellaneous |
SACBC |
Opposition to guns is similar to our commitment and philosophy of pro life. |
No comment |
|
Miscellaneous |
SACBC |
Support the bill |
No comment |
|
Miscellaneous |
SACBC |
Welcome greater control over state owned firearms |
No comment |
|
Miscellaneous |
SACBC |
Licenses high cost of gun ownership as a result of fatalities it is not the tax payer that should subsidise the price of licences high prices for licences for gun owners should sponsor the cost for injuries and firearm related violence |
The Department agrees and will apply the Masakhane principle |
|
Miscellaneous |
SACBC |
Financial implications Present cost of not having gun control is 33 people killed everyday |
No comment |
|
Miscellaneous |
SACBC |
Current bill represents a tremendous stride to deal with gun violence in SA |
No comment |
|
Miscellaneous |
SACBC |
Need for partnership between government and civil society |
Department agrees |
ABBREVIATIONS
|
WPSBA |
Western Province Small Bore Association |
|
NFVAWWC |
Network for Violence Against Women in the Western Cape |
|
TAU |
Transvaal Agricultural Union |
|
SAGRO |
South African Game Ranchers Organisation |
|
CHPUI WCU |
Child Health Policy Unit Institute WCU |
|
SANRA |
South African National Rifle Association SA Bisley Union |
|
SACBC |
South African Catholic Bishops Conference |
|
SASSF |
South African Shooting Sports Federation |
|
BTGA |
The Bergriver Table Grape Association |
|
SACC |
South African Council of Churches |