DRAFT

(2002-09-30)

FIREARMS CONTROL REGULATIONS

IMPORTANT NOTE: This is merely a working document which is used to obtain the input of interest groups. The finalization of the draft regulations will ultimately be done after the consultation process has been concluded. Parliamentary committees will also be involved in the process.

NO PART OF THE CONTENT OF THIS DOCUMENT OR ANY ALTERATION THEREOF MAY BE CONSIDERED AS A COMMITMENT TO THE FINAL PROVISIONS OF THE REGULATIONS

Kindly note that as this is a working document certain technical corrections with regard to the numbering, spacing and general layout still need to be done.

Any comments, contributions or proposals on the Regulations may be submitted to the following:

Fax: (012) 353-6269; or

E-mail address: westerveldn@saps.org.za or

Fax Number:	012 3391822

Postal Address:

Director P van Vuuren

Legal Services: SAPS

Private Bag X302

PRETORIA

0001

DRAFT 1

FIREARMS CONTROL REGULATIONS DRAFT FIREARMS CONTROL REGULATIONS

1	Definitions

In these Regulations (including the Schedules) "the Act" means the Firearms Control Act, 2000 (Act No. 60 of 2000), and any word or expression to which a meaning has been assigned in the Act, shall bear the meaning so assigned in the Act, and, unless the context otherwise indicates-
(i)	"accredited shooting range" means a shooting range that complies with SABS standard 0353,

(ii)	"applicant" includes the responsible person contemplated in section7(2) of the Act,

(iii)	"multiple import-export permit" means an import and export permit authorizing the multiple import and export of a firearm or ammunition during a specified period;

(iv)	"police station" includes a police or government office designated by the Registrar at which a function in terms of the Act as specified by the Registrar may be exercised;

(v)	"relevant Designated Firearms Officer" means the Designated Firearms Officer responsible for the area in which the applicant or contemplated person ordinarily resides, and if the application pertains to a business of the applicant, the Designated Firearms Officer responsible for the area in which the business is or will be situated.

2	Applications for competency certificates, licences, permits, temporary authorizations,

(1)	Applications for competency certificates, licences, permits and authorizations, contemplated in the Act, shall be made on the applicable form prescribed in Schedule "A",

(2)	Application forms must be completed as prescribed in the applicable form,

(3)	The required set of fingerprints of an applicant must be taken by the relevant Designated Firearms Officer or her or his authorized personnel at a police station,

(4)	Duly completed application forms together with the information and documents as may be required in the applicable form, including proof of payment of any applicable prescribed fee must in person be delivered by the applicant to the relevant Designated Firearms Officer,

(5)	Acknowledgment of receipt of an application shall only be issued to the applicant if the application is complete and accompanied by all the required information and documentation and after the identity of the applicant and her or his fingerprints, if required, have been verified by the relevant Designated Firearms Officer,

(6)	Applications for an import and export permit, multiple import and export permit and in-transit permit by an applicant who ordinarily resides in a country bordering on the RSA shall be submitted to the police station in the RSA which is situated nearest to a port of entry: Provided that where the applicant supplies a forwarding address outside the borders of the RSA, application may be made directly to the Registrar at the Central Firearms Register,

(7)	An application referred to in sub-regulation (6) may be made at the applicable police station by the applicant in person or by a person acting on a properly executed written mandate on behalf of the applicant, provided that such written mandate is attached to the application.

(8)	A licence, permit or authorization to possess a firearm, which has been issued or is deemed to have been issued under the Act or any Act repealed by the Act, must be produced when an application in terms of the Act is delivered to a relevant Designated Firearms Officer,

(9)	An application for a duplicate of a defaced, lost or stolen licence, permit or authorization, shall be submitted to the relevant Designated Firearms Officer on the prescribed form, accompanied by such documents prescribed in Schedule A.

(10)	An application for a competency certificates, licence, permit or authorization to possess a firearm, a duplicate of a defaced, lost or stolen licence, permit or authorization, shall be accompanied where applicable, by proof of payment of the prescribed fee.

(11)	A nomination replacing a responsible person in compliance with section 7(4) of the Act must be made on the applicable form, accompanied by such documents as prescribed in Schedule "A".

(12)	A receipt issued in accordance with sub-regulation (5) shall for the purpose of section 24 (4) of the Act, be prima facie proof of compliance with the requirements of section 24(1) and (2) of the Act.

(13)	A temporary authorization may only be issued to a person who (a) has not been declared unfit to possess a firearm in terms of Chapter 12 of the Act and, (b) who can satisfy the Registrar that he or she has received training in the safe and responsible handling of the firearm or is able by virtue of his or her past experience in the use of firearms to handle the firearm in a safe and responsible manner.

3	Suspension of licences, permits or authorizations in case of theft or loss of firearm

(1)	Whenever the theft or loss of a firearm has been reported in terms of the Act, all licences, permits or authorizations applicable to the firearm at the date of such report, shall be suspended indefinitely, but only with respect to the specific firearm in question.

(2)	The holder of a suspended licence, permit or authorization is obliged to ensure that the Central Firearms Register is at all times in possession of his or her existing postal address.

(3)	Whenever a stolen or lost firearm has been recovered or found by the police, the suspension of such licence, permit or authorization shall forthwith be lifted, and such licence, permit or authorization shall be valid for a period equal to the remaining period of validity still outstanding at the date of suspension, unless, in the case of a licence, it would amount to a licencee having more licences than the Act would allow for, in which case such licencee is afforded an opportunity of disposing of the firearm within 60 days.

(4)	The holder of a suspended licence, permit or authorization shall be notified by the Registrar by post at his or her last recorded postal address of the finding or recovery of the relevant firearm and the lifting of the suspension of the licence, permit or authorization, within 30 days after such recovery or find.

4	Surrender of competency certificate, licence, permit or authorization

(1)	The holder of a licence, permit or authorization to possess a firearm issued in terms of the Act must surrender such licence, permit or authorization forthwith to the relevant Designated Firearms Officer in the following circumstances:

(a)	The holder of a licence, permit or authorization disposes or sells the firearm;

(b)	the holder of a licence, permit or authorization reports the firearm as lost or stolen;

(c)	voluntarily surrenders the firearms to the South African Police Service;

(d)	the firearm is forfeited to the State;

(e)	the firearm is destroyed; and

(f)	the licence, permit or authorization has been canceled by the Registrar.

(2)	The holder of a licence, permit or authorization must surrender such licence, permit or authorization together with the duly completed applicable form as prescribed in Schedule A.

(3)	Where a person holds an additional licence for a firearm referred to in sub-
paragraph (1) the holder of the additional licence must forthwith surrender such additional licence to the Designated Firearms Officer referred to in sub-
paragraph (1) unless the said firearm is acquired by the additional licence holder.

(4)	Where the said firearm is acquired by the additional licence holder the additional licence holder must forthwith apply in the manner set out in these Regulations for a licence to possess the firearm.

(5)	A person other than the holder of the licence, permit or authorization may surrender the licence, permit or authorization on behalf of the holder of the licence, permit or authorization provided that person submits proof that he or she is authorized to surrender the licence, permit or authorization on behalf of the holder of the licence, permit or authorization.

5	Business licences

(1)	The holder of a licence issued in terms of section 20 of the Act, may only provided the firearm for use by another person on condition that the person:

(a)	is involved in the operation of that business for the purpose of that business as described on the licence,

(b)	is in immediate possession of a document by means of which he or she can be identified and which contains at least his or her full names, identity number and a photograph,

(c)	is in immediate possession of a letter from the business, undersigned by the licence holder or person authorized thereto in writing by the licence holder, containing the name, address, and other particulars of the business, and wherein the possession and particulars of the relevant firearm by the person involved is authorized for the purposes set out in the letter and for the period and place specified in the letter, and

(d)	is well trained in the handling and the use of the relevant firearm.

(2)	A firearm may only be provided to another person if it is in good working condition and free of any defect which may render it an inherent source of danger to any person.

(3)	The holder of a licence referred to in section 20 of the Act must keep a register containing the following information:

(a)	all the firearms in respect of which he or she holds a licence under section 20 of the Act specified by make, type, caliber and serial number, as well as the date of acquisition and disposal thereof;

(b)	a detailed record of the provision of such firearms to persons involved in the operation of the business, detailing date and time of such provision as well as return of the firearm, and the identity of the person to whom the firearm was provided.

(4)	In addition to the above requirements where the business is a security business as contemplated in section 20(2)(a) of the Act the firearm may only be provided to a person who-

(a)	is on duty or is to perform standby duty; and

(b)	is permanently employed by the company as a security official in terms of section 20 of the Private Security Industry Regulation Act, 2001 (Act No 56 of 2001).

6.	General Provisions relating to Accreditation

(1)	Applications for accreditation contemplated in the Act, shall be made on the applicable form prescribed in Schedule A,

(2)	Application forms must be completed as prescribed in the applicable form,

(3)	Duly completed application forms together with the information and documents as may be required in the applicable form must in person be delivered by the applicant to the relevant Designated Firearms Officer,

(4)	In deciding whether an applicant fulfils the criteria referred to in section 6(2) of the Act, the Registrar may take the following factors into account :

(a)	the infra-structure of the applicant or his or her organization;

(b)	the qualifications of the applicant or his or her personnel;

(c)	the time period of the applicant's existence or functioning;

(d)	the main purpose of the applicant, and the applicant's interest and or experience in the applicable field;

(e)	the Code of Conduct or Ethical Code of the applicant, and any disciplinary code or measures applicable to the members of the applicant;

(f)	the constitution of the applicant;

(g)	the paid-up subscription of the applicant's membership and the conditions required to become a member of the applicant and maintain membership;

(h)	organizational affiliation of applicant;

(i)	the capability and intent of the applicant to fulfil the purpose of the accreditation;

(j)	any interest or conflict of interest which would render the applicant unsuitable for accreditation;

(k)	the region that the operations or function of the applicant covers; and

(k)	any other fact that would in the Registrar's opinion be relevant to ascertain suitability for accreditation.

7	Accreditation for Hunting Association and Dedicated Sports-shooting (4)Accreditation for Hunting and Sporting Organization

A person who applies for accreditation as a hunting association or sport
shooting organization in terms of section 16(2) of the Act must in addition to the requirements set out in Regulations 6, submit –

(a)	particulars of the members of the executive committee as required;

(b)	proof that the hunting association or sports-shooting organization has an approved relevant introductory training course with the which Registrar which is a prerequisite that each member must successfully complete before that member will be registered as a member as referred to in section 16(2) of the Act;

(c)	proof of affiliation of a national or international organization or association, if applicable;

8	Accreditation for Collectors Association

An association applying for accreditation as a collectors association in terms of section 17(2) of the Act must in addition to the requirements set out in Regulations 6, submit –

(a)	particulars of the members of the executive committee;

(b)	proof that the association has a formal process in place to screen potential applicants and that all relevant documentation is kept on record;

(c)	proof of affiliation of a national or international organization or association, if applicable;

9	Accreditation to provide in-house security service

(1)	An application for accreditation to provide in-house security service in terms of section 20(2)(a) of the Act must, in addition to the requirements set out in Regulations 6, submit-

(a)	a description of the security measures of premises where the firearms will be stored;

(b)	a description of the scope of what is to be protected;

(c)	the number of security officers who will use firearms;

(d)	a statement confirming that compulsory training in the safe and responsible use of firearms has been given to the security officers before the security officers are put in possession of the firearms; and

(e)	proof of registration as a security service provider of security officers in terms of the Private Security Industry Regulatory Act, 2000.

(2)	A person accredited to provide a security service must ensure that a prospective employee who will be provided with a firearm, is in possession of the relevant valid competency certificate before employing the employee.

(3)	A security officer must at all times while on duty be in physical possession of the relevant competency certificate.

10	Accreditation to provide training in the use of firearms

(1)	A person who applies to be accredited to provide training in the use of firearms must, in addition to the requirements set out in Regulations 6, submit –

(a)	a description of the applicant's organizational structure (if applicable);

(b)	proof of accreditation with the South African Police Service of the training curriculum to be used to train persons as referred to in section 9(2)(r) of the Act;

(c)	a copy of the permission or agreement granting the applicant access to an accredited shooting range or tunnel;

(d)	description of security measures where firearms will be stored.

11	Accreditation to provide firearms for use in theatrical, or television productions

A person who applies to be accredited to provide firearms for use in theatrical, film or television productions must, in addition to the requirements set out in Regulation 6, submit –

(a)	a certificate confirming that any reconstruction of firearms will only be performed by a gunsmith;

(b)	a description of the organization's infrastructure.

12	Accreditation as a game hunter Accreditation as a game hunter

A person who applies to be accredited as a game hunter as contemplated in section 20(2)(d) of the Act must, in addition to the requirements set out in Regulation 6, submit –

(a)	proof of registration with, or exemption from, registration, as a game farm with the relevant provincial authority;

(b)	a description of the security measures to be applied in conducting such business,

(c)	proof of membership of an accredited wild game farmer's association.

13	Accreditation to conduct business in hunting

A person who applies to be accredited to conduct business in hunting must, in addition to the requirements set out in Regulation 6, submit–

(a)	a certified copy of his or her professional hunting or hunting outfitters licence or permit issued by the relevant provincial nature conservation authority of the province in which he or she will conduct the business;

(b)	a document setting out the main purpose of the business;

(c)	a description of the security measures to be applied in conducting such business,

(d)	proof of membership of an accredited South African professional hunters association.

14.	Accreditation to use firearms for other business purposes

A person who applies to be accredited to use firearms for other business purposes must, in addition to the requirements set out in Regulation 6 submit –

(a)	a description of the security measures to be applied in conducting such business.

15	Accreditation as a Museum (3)Accreditation as a Museum

An application for accreditation as a museum as contemplated in section 19(4)(a) of the Act must in addition to the requirements set out in Regulation 6, be accompanied by –

(a)	a description of the display mechanisms that will be used to display the firearms;

(b)	a description of the access control to the museum wherein the firearms will be displayed;

(c)	a description of any other safety measures for the museum;

(d)	proof that the applicant is a museum; and

(e)	a certificate confirming that the museum is open to the public.

16	Shooting Ranges and Tunnels

(1)	An application for accreditation as a shooting range or tunnel as contemplated in the Act, must comply with the requirements set out in Regulation 6.

(2)	A shooting range or tunnel that is situated in a built-up area (excluding that of a school or university), or that is open to the public, whether on the payment of a fee or not, must conform to the standards set out in SABS 0353.

(3)	A shooting range or tunnel may on application, be accredited by the Registrar to substantially conform to the requirements of SABS 0353.

(4)	Training of members of the public in the use of firearms may only be undertaken on a shooting range that has been accredited by the Registrar and must in all respects at all relevant times conform to the standards set out in SABS 0353.

(5)	If a shooting range or tunnel does not conform to the requirements of SABS 0353, the Registrar may by written notice, close the usage of such facility, after allowing the owner or tenant a 30 day period to rectify any shortcomings, set out in writing and delivered to the owner or tenant or by posting up such notice to the entrance of the facility in question.

(6)	Any police officer has the authority to inspect a shooting range or tunnel without a warrant, at any reasonable time, in order to establish whether the facility conforms to the requirements and standards set out in SABS 0353.

17	Dealers

(1)	A person who applies for a Dealers Licence contemplated in the Act must, in addition to the requirements set out in Regulation 2, submit –

(a)	a description of the premises on which the applicant intends to carry on business as a dealer, with reference to the situation and the surrounding buildings and businesses;

(b)	a plan of the premises, drawn to scale, on which is clearly indicated-

(i)	the dimensions of every room;

(ii)	the arrangement of the internal structure, together with all doors, windows, counters, safes or strong-rooms and manner of internal and external connections;

(c)	proof to the satisfaction of the Registrar that the premises is furnished with a burglar alarm which complies with the following requirements:

(i)	passive infrared (PIR) movement sensors with a lens for solid curtain coverage installed in such a manner that coverage is provided from the floor to the ceiling of the building;

(ii)	every movement sensor shall be equipped with a tamper-proof device;

(iii)	if the alarm is activated, it shall only be restored with a key or a code adjustment;

(iv)	independent functioning in case of a power failure for a period of at least 10 hours;

(v)	control unit shall be installed within the safeguarded area or be equipped with a tamper-proof device;

(vi)	automatic telephone contact unit which effects contact to the licensed dealer or any other responsible person on activation of the alarm system;

(vii)	siren with a sound frequency level of at least 93 decibels with flashing light.

(d)	proof to the satisfaction of the Registrar that the building is equipped with burglar proofing, installed in the following manner:

(i)	burglar proofing of the windows which shall consist of horizontal steel reinforcing of not less than 50 mm x 10 mm and spaced not less than 500 mm apart and vertical round steel bars of a diameter of not less than 16 mm fixed to the horizontal steel reinforcing not more than 100 mm apart;

(e)	Proof to the satisfaction of the Registrar by a person with knowledge of the particular facts, wherein is set out-

(i)	the name, identity number and address of every person (including the applicant) who will have any financial interest in the business, and in each case the nature and extent of any such interest: Provided that in the case of a company, the name and identity number of every director of the company must be set out;

(ii)	if the applicant is a company, close corporation, partnership or trust, full particulars thereof including supporting documents;

(f)	if the applicant is the registered owner of the land on which the premises is situated, the written consent of the registered owner concerned; and

(g)	the applicant must comply with all local by-laws which may be applicable.

(2)	Any person employed by a dealer that handles a firearm must possess a competency certificate.

18	Registers

(1)	Every licenced dealer must keep a register (hereunder referred to as the Firearms Stock Register), wherein the following particulars must be recorded:

(a)	On the debit-side against a serial or stock number-

(i)	the make, calibre, model and manufacturer's serial number of every firearm in stock; and

(ii)	the date of receipt and the name and address and, if applicable, the number and date of the licence and permit, of the person from whom the firearm was acquired, and the make, calibre, model and manufacturer's serial number of every firearm, thereafter taken into stock from any source.

(b)	on the credit-side against the serial or stock number referred to in paragraph(1) (a), the date of sale or transfer of the firearm and the name and address of the person to whom the specific firearm has been sold or transferred, and the number and date of the licence all such particulars shall be recorded forthwith after the sale or transfer of the firearm.

(2)	(a)	Every licenced dealer who does not maintain an electronic data-base must within seven days after the end of every calendar month submit the following to the Registrar

(i)	a return on the prescribed form in Schedule "A", of all firearms acquired during such calendar month; and

(ii)	a return on the prescribed form in Schedule "A" of all firearms acquired of during such calendar month; and

(iii)	a return on the prescribed form in Schedule "A" of all firearms disposed of during such calendar month.

(b)	Such returns must be submitted, whether or not any firearms have during the particular calendar month been taken in stock or disposed of.

(3)	Every licenced dealer must keep a register (hereunder referred to as the Ammunition Stock Register) wherein the following particulars shall be recorded:

(a)	on the debit-side:

(i)	the calibre, make and quantity of all ammunition in stock; and

(ii)	the date of receipt, and the name and address of the person or other source from whom ammunition is received; and

(iii)	which ammunition is received, and the calibre and quantity of all ammunition so taken into stock, which particulars shall be recorded forthwith after receipt;

(b)	on the credit-side:

(i)	the date of sale or transfer of the ammunition, the name, address and identity number of the person to whom the ammunition is sold or transferred;

(ii)	the issuing date of the licence produced; and

(iii)	the calibre, make and quantity of ammunition sold or transferred.

(4)	Every licenced dealer must, if directed thereto at any time by the Registrar by written notice, submit a return providing such particulars regarding ammunition which has been acquired or procured or which has been sold or disposed of, as the Registrar may in the notice determine.

(5)	Every dealer must keep the registers referred to in this regulations on the premises referred to in the licence for a period of ten years from the date of the last entry therein.

(6)	The registers to be kept in terms of this regulation, may not be taken into use or be used, unless every page of such register is numbered in sequence and an authorized police official of the police station in the area of which the relevant premises is situated, has signed every such page.

(7)	Every entry effected in a register referred to in this regulation must be printed or written in ink, and any alteration therein must be effected by means of interlineations or crossing out in ink and not by way of erasure, and every such alteration must be initialled by the person, effecting it.

(8)	No person may remove or cause to be removed any page from any register referred to in this regulation, and if any page is removed from such register, it shall be prima facie deemed to have been removed by or on the authority of the person who is in terms of any provision of this Act obliged to keep such register.

(9)	(a)	Every licenced dealer must keep a register (hereinafter referred to as the Inventory Book) of all firearms that the dealer holds for and on behalf of licence holders in respect of those firearms for purposes of the sale or other disposal thereof.

(b)	The following particulars must be recorded in the Inventory Book;

(i)	the date of receipt of the firearm, and the name and address and identity number of the licence holder of the firearm;

(ii)	the particulars of the firearm, including the name, calibre and manufacturer's serial number;

(iii)	the date of the issue of the licence for the firearm; and

(iv)	the date of return or sale of the firearm.

19	Conditions applicable to a dealers licence

The following conditions which the Registrar may impose at his discretion unless otherwise specifically prescribed in the Act will apply to a dealers licence -

(a)	a dealer in firearms and ammunition must have a competency certificate;

(b)	a dealer must at all times keep the licence to deal or a certified copy thereof at the premises mentioned in the licence;

(c)	unless specifically authorized to do so by the Registrar no dealer may trade in firearms and ammunition referred to in Section 4(1)(a) to (d) of the Act: Provided that the Registrar shall not consent to the sale of any firearm or ammunition contemplated in section 4(1)(a) to (d) of the Act unless an application that complies with regulation 2 insofar as applicable, accompanied by a relevant DCAC permit is lodged with the Registrar by the dealer at least 60 days in advance of such contemplated sale,

(d)	all firearms and ammunition must outside of trading hours be stored in the prescribed safe or strong room;

(e)	the licence holder must notify the Registrar within 30 days of any change in the directors, owners or partners that may occur;

(f)	a dealer may not record the detail of a firearm on the applicable part of an application for a licence unless the dealer is physically in possession of the firearm when completing such detail;

(g)	a dealer may not simultaneously submit the details of a particular firearm in more than one application for a licence to possess that firearm.

20	Details on Dealer's licence

In addition to the applicable conditions a dealer's licence must contain the following information:

(a)	name in which the dealer's licence is issued;

(b)	name of responsible person (where applicable);

(c)	date of issue of licence;

(d)	date of expiry of licence;

(e)	reference code;

(f)	physical address of dealer; and

(g)	details of safe or strongroom.

21	Application for change of premises

(1)	Applications for change of premises contemplated in the Act, shall be made in accordance with regulation 2 insofar as applicable.

(2)	Where an inspection of the new premises by a police officer or a Designated Firearms Officer reveals that the safeguarding facilities do not conform with those prescribed, the dealer must be notified thereof in writing by the relevant Designated Firearms Officer and afforded a period of 60 days within which to correct the listed deficiencies.

(3)	Where an application to change premises from which a dealer conducts business has been approved the applicant must upon taking occupation of the new premises notify the relevant Designated Firearms Officer in the area wherein the applicant has his or her new place of business on the applicable form as prescribed in Schedule A and accompanied by such information and documents as may be required in terms of Schedule A.

22	Manufacturer licence

(1)	The holder of a licence to manufacture firearms and ammunition must, before the manufacturing of a firearm type or ammunition caliber commences, notify the Registrar of the manufacturer's intention to manufacture such firearm type and ammunition caliber by submitting by hand to the relevant Designated Firearms Officer the applicable form completed and accompanied by such documents as may be prescribed in Schedule "A".

(2)	The notification contemplated in sub-regulation (1) must be accompanied by a SABS proofing certificate and South African Police Service Ballistics Report.

(3)	A licence to manufacture a firearm or ammunition referred to in section 4(a) to (d) of the Act, may only be issued by the Registrar if prior to obtaining the licence to manufacture such firearm or ammunition in terms of this Act, the manufacturer has obtained the necessary licence in terms of the Armaments Development Act, 1968 (Act No. 57 of 1968) or any amendment thereof.

23	Conditions applicable to a Manufacturers licence

A manufacturers licence contemplated in Part 2 of the Act is subject to the following
conditions:

(a)	the licence is not transferable;

(b)	the Registrar shall be advised of any change in the directors, owners or partners that may occur or of the persons involved with the manufacturing of the firearms and ammunition within 30 days of such change;

(c)	the section of the premises in which the firearms and ammunition are manufactured or stored must, during working hours, be under the immediate supervision of the manufacturer and manufacturing may only take place at the premises specified on the licence;

(d)	the licence serves as the authorization to purchase and to possess the caliber ammunition necessary for testing of a firearm manufactured under the licence.

(e)	records as prescribed in Schedule A shall be kept of the ammunition purchased and used for testing purposes.

(f)	testing shall be done at an approved shooting range under the supervision of a qualified shooting range official;

(g)	all the ammunition and any other explosive component of the ammunition must after hours be securely stored in a prescribed vault or safe;

(h)	serial numbers that have been allocated by the Registrar shall be stamped or engraved on the metal part of the firearm as soon as, or before their manufacture has been completed;

(i)	all manufactured firearms, barrels and parts thereof shall be stored in a prescribed strongroom at all hours other than working hours;

(j)	the firearms and ammunition manufactured must be proofed in accordance with the laws and regulations relating to the proofing of firearms and ammunition. Suitable arrangements for proofing must be made with the South African Bureau of Standards;

(k)	stock sheets must be kept of all completed firearm parts. Rejects must be destroyed as soon as possible;

(l)	firearms may be exhibited and demonstrated in order to promote the marketing thereof;

(m)	testing of a firearm shall only be done by a person who holds a competency certificate

24	Details on Manufacturer's licence

In addition to the conditions applicable to a manufacturers licence such licence must contain the following information:

(a)	name in which the manufacturer's licence is issued;

(b)	name of responsible person (where applicable);

(c)	date of issue of licence;

(d)	date of expiry of licence;

(e)	reference code;

(f)	physical address of the manufacturer; and

(g)	details of safe or strongroom.

25	Registers applicable to a Manufacturers Licence

(1)	Every licenced manufacturer must keep a register (hereunder referred to as the Firearms Stock Register), wherein the following particulars must be recorded:

(a)	On the debit-side against a serial or stock number the make, caliber, model and manufacturer's serial number of every firearm manufactured; and

(b)	on the credit-side against the serial or stock number referred to in sub-
paragraph(1) (a), the date of sale or transfer of the firearm and the name and address of the person to whom the specific firearm has been sold or transferred.

(2)	Every licenced manufacturer must keep a register (hereunder referred to as the Ammunition Stock Register) wherein the following particulars shall be recorded:

(a)	on the debit-side the caliber, make and quantity of all ammunition manufactured; and

(b)	on the credit side the date of sale or transfer of the ammunition, the caliber, make and the name, address and identity number of the person to whom the ammunition is sold or transferred;

(3)	Every licenced manufacturer must, if directed thereto at any time by the Registrar by written notice, submit a return providing such particulars regarding ammunition which has been acquired or procured or which has been sold or disposed of, as the Registrar may in the notice determine.

(4)	Every manufacturer must keep the registers referred to in this regulations on the premises referred to on the licence for a period of ten years.

26	Application for temporary Authorisation to display firearms and ammunition

An application for a temporary authorisation to display firearms and ammunition as contemplated in section 50 of the Act must be submitted to a Designated Firearms Officer on the applicable form completed as prescribed in Schedule "A", and accompanied by such information and documents as may be required in terms of Schedule A" in the area wherein the applicant intends to display the firearms and ammunition, 30 days before the intended date on which the exhibition will commence and must be accompanied by-

(a)	written motivation in support of the application, with specific reference to the steps which are contemplated in connection with the safe-keeping of the firearms and ammunition;

(b)	a written declaration that the applicant has facilities available for the safe-
keeping of the firearms and ammunition that complies to SABS Specifications; and

(c)	a certified copy of the applicant's licence.

27	Conditions applicable to temporary temporary Authorisation to display firearms and ammunition

A temporary authorisation to display firearms and ammunition as contemplated in section 50 of the Act shall be subject to the following conditions-

(a)	only persons named in the temporary authorization may display the firearms and ammunition;

(b)	such person must be in possession of a relevant competency certificate; and

(c)	the firearms and ammunition must, outside of trading hours, be stored in the prescribed safe or strong room.

28	Gunsmith

(1)	A gunsmith licenced in terms of the Act may acquire and keep in stock any part of a firearm, including a main firearm component for the purposes of servicing, altering, repairing, customizing and adapting a firearm within the normal scope of the business of a gunsmith.

(2)	A gunsmith may acquire and keep in stock any ammunition reasonably necessary to test firearms within the normal scope of the business of a gunsmith.

(3)	A gunsmith may, subject to this Act, receive firearms for repair, altering, servicing, customizing, adapting, deactivation or storage.

(4)	A gunsmith must keep a register on his or her business premises reflecting on a daily basis

(a)	the identification number of the firearms in his or her possession with reference to the applicable licence holder or other person authorized thereto, and type of licence or authorization,

(b)	firearms and main firearm components in his or her possession and the purpose of such possession,

(c)	the receipt of firearms or main firearm components, the purpose of such receipt and the source of the receipt,

(d)	the disposal of such firearms or main firearm components including the identify of the person to whom it was furnished.

(5)	A gunsmith must also keep a register on his or her premises reflecting on a daily basis the acquisition and disposal or discharging of ammunition by caliber.

(6)	A gunsmith must render monthly returns by workstation to the Registrar wherein the information referred to in sub-paragraphs (4) and (5) is contained, and, if he or she does not have a linked workstation, monthly returns must be submitted in the format of form as prescribed in Schedule "A".

(7)	testing of a firearm shall only be done by a person who holds a competency certificate.

29	Details on Gunsmith's licence

In addition to the conditions applicable to a gunsmiths licence such licence must contain the following information:

(a)	name in which the gunsmith's licence is issued;

(b)	name of responsible person (where applicable);

(c)	date of issue of licence;

(d)	date of expiry of licence;

(e)	reference code;

(f)	physical address of gunsmith business premises; and

(g)	details of safe or strongroom.

30	Declaration of a licence holder as unfit to possess a firearm by a court

(1)	The holder of any licence, permit or authorization issued in terms of the Act who has been declared unfit to possess a firearm in terms of section 103(2)(b) of the Act must forthwith notify the Registrar on the duly completed applicable form as prescribed in Schedule "A" of any appeal or review proceedings lodged against the conviction which resulted in the applicant's declaration as being unfit.

(2)	The notification referred to in sub-paragraph (1) must contain the following information:

(a)	The particulars and case number of the court which decision and declaration is the subject of the appeal or review proceedings;

(b)	the court to witch the appeal or review proceedings are lodged;

(c)	the date on which the appeal or review proceedings will be heard; and

(d)	the grounds upon which the appeal or review proceedings have been lodged.

(3)	The applicant must notify the Registrar of the court of appeal or review's decision with regard to the conviction on the criminal charge and the appellant's fitness to possess a firearm.

31	Official Institutions

(1)	A permit issued in terms of section 98(1)(a) of the Act ,which is of a general nature or relating to a specific firearm, must be duly completed in the applicable form as prescribed in Schedule "A"

(2)	Where an employee has been authorized –

(a)	to have a firearm in his or her possession after working hours;

(b)	to carry the firearm on his or her person outside the premises of his or her working place; or

(c)	to store the firearm at his or her place of residence,

such fact must clearly be stated on the relevant permit.

(3)	Firearms must be stored by official institutions in a safe, or safekeeping device in accordance with the prescripts of SABS Standard 953-1 and SABS standard 953-2.

(4)	The training and testing of an employee in the handling and safekeeping of firearms by official institutions must conform to standards approved by SAQAU.

32	Destruction of Firearms

(1)	(a)	Where the state has decided or is obliged to destroy a firearm or ammunition in terms of this Act, the following procedure is to be followed–

(i)	Every firearm that has not been marked in terms of this Act, should be marked forthwith, and its particulars registered with the Central Firearms Register.

(ii)	The Central Firearms Register must be informed that the relevant firearm is to be destroyed, accompanied by full particulars relating to the firearm.

(iii)	An audit is to be carried out by a police official designated for that purpose by the Registrar immediately before the destruction of the firearms to ensure the integrity of the list to be supplied to the Registrar in terms of sub-paragraph (v).

(iv)	A firearm and ammunition may only be destroyed in the presence of a Designated Firearms Officer.

(v)	A list of firearms so destroyed with full particulars of such firearms, must be supplied to the Registrar within 14 days after such destruction has been completed.

(b)	Where a person who may lawfully possess a firearm and who is the owner of the relevant firearm wishes to destroy the firearm, he may surrender the firearm to the police in terms of Regulation 45.

(2)	In all other instances of the destruction of a firearm, such destruction shall be reported in terms of section 120(11) of the Act, to the police station nearest to the destruction within 24 hours after becoming aware thereof, by the persons referred to in that section.

(3)	Firearms may only be destroyed in terms of this Regulation by melting, pressing or in another manner determined by the Registrar, so that the original intent, design and purpose of the firearm or any part thereof is permanently and irrevocably destroyed.

33	The deactivation of a firearm

(1)	An application by the holder of a licence to deactivate a firearm shall be made on the applicable form prescribed in Schedule "A".

(2)	Only a licenced gunsmith or a gunsmith employed by an official institution may deactivate a firearm on behalf of an accredited institution.

(3)	The application and the firearm shall be submitted to a gunsmith, or to the Designated Firearms Officer, together with the applicable licence to possess the firearm.

(4)	On receipt of such application, licence and firearm the gunsmith or Designated Firearms Officer shall issue an acknowledgment of receipt of the application to deactivate the firearm and of the licence to possess such firearm.

(5)	The gunsmith shall update the register with the details required by regulation 28(4) pertaining to the firearm surrendered for deactivation.

(6)	The gunsmith shall submit such application to the Designated Firearms Officer in whose area the gunsmith conducts business.

(7)	On receipt of an application to deactivate a firearm the Designated Firearms Officer shall provide an acknowledgment of receipt of the application to the gunsmith.

(8)	Such application shall be forwarded to the Registrar in order to determine whether such firearm must be referred for ballistic testing.

(9)	If the Registrar determines that such firearm must be referred for ballistic testing, the Designated Firearms Officer shall collect such firearm from the gunsmith, where applicable, and forward such firearm for ballistic testing.

(10)	The Registrar shall, when the firearm is not referred for ballistic testing or when the test proves negative, provide the gunsmith with a notice of approval to deactivate the firearm, and return the firearm to the Designated Firearms Officer where applicable.

(11)	The Designated Firearms Officer shall deliver the firearm to the gunsmith who is to deactivate the firearm.

(12)	The gunsmith shall update the register by indicating that the authority to deactivate such firearm has been received.

(13)	Such firearm shall be deactivated in the following manner:

(a)	Barrel:

Revolver: to be slotted, pinned to frame, over-bored or filled with a tight fitting steel rod to block its length;

Pistol: to be slotted, over-bored, or a tight fitting steel rod to be welded to block its length;

Machine gun: to be slotted, over-bored, or a tight fitting steel rod to be welded to block its length; barrel to be pinned and welded to receiver Rifle: to be slotted, over bored or filled with a tight fitting steel rod blocking its length; barrel to be pinned and welded in place.

(b)	Chamber:

To be plugged or pinned to prevent chambering of a cartridge or loading of a powder charge.

(c)	Revolver cylinder:

Central section to be cut away to open up all chambers and pinned as above.

(d)	Firing Pin:

To be removed, shortened or ground off.

(e)	Breech face:

To be cut away at an angle of 45º.

(f)	Breech bolt:

Recoil face to be cut away at an angle of 45º.

(g)	Rifle bolt:

Locking lugs to be cut away at an angle of 45º.

(h)	Trigger mechanism:

To be disabled.

(i)	Slide:

Recoil face to be cut away at an angle of 45º.

(j)	Frame:

2/3 rds of the length of the slide rail, feed ramp, locking shoulders and
support to be removed.

(K)	Receive

All working parts to be welded together.

(14)	The gunsmith shall after deactivating such firearm issue the certificate referred to in section 150(3)(a) of the Act indicating the manner of the deactivation.

(15)	Such deactivated firearm and certificate shall be handed to the holder of the licence.

(16)	The holder of the licence and the gunsmith shall thereafter in compliance with section 160(3)(b) and (c) of the Act, within 14 days of the deactivation, notify the Registrar of the deactivation and forward the licence	and a copy of the deactivation certificate undersigned by the licence holder and the gunsmith to the Registrar.

(17)	On receipt of the documents referred to in sub-paragraph (14) above, the Registrar shall cause the licence to be canceled and destroyed.

(18)	The Registrar shall forward a notice of licence cancellation to the licence holder.

34	Marking of Firearms

(1)	Every firearm manufactured in terms of the provisions of this Act or imported which does not have a serial number or a number that duplicates with any firearm that appears on the Central Data Base must have the serial number stamped on the metal part of the firearm.

(2)	Such stamping must be to a depth of at least 0.2 mm.

(3)	The serial number must be inscribed as follows:

(a)	The first two characters must be the letters ZA;

(b)	the next four characters must represent the year of manufacture or the year the firearm is imported and must be inscribed using Arabic numerical characters;

(c)	the following four characters represent the manufacturer's code and may be alpha numeric; and

(d)	the following eight characters must be an Arabic numeric characters representing the serial number.

35	Proofing of Firearms

(1)	Every firearm manufactured by a licenced manufacturer or imported into South Africa must be proofed according to a standard determined by the Registrar.

(2)	Such proofing will be done by a proofing house which to the satisfaction of the Registrar is capable of proofing the firearms according to the standard determined in sub-regulation (1).

(3)	For the purposes of proofing such proofing house is exempted from all licencing provisions relating to the possession of firearms but must maintain a register which contain the following information of each and every firearm submitted for proofing:

(a)	Serial number of firearm;

(b)	caliber;

(c)	make;

(d)	model;

(e)	date received for proofing;

(f)	received from;

(g)	result of proofing;

(h)	firearm handed back to lawful possessor;

(i)	date firearm handed back.

(4)	The provisions of sub-regulation (1) will not apply to any firearm that has been proofed by a proofing house using the same standard as determined by the Registrar.

36	Safekeeping of firearms and ammunition

(1)	A holder of a licence to possess a firearm is required to store the firearm and applicable ammunition in a safe or strong-room as set out in the SABS 953-1 and 953-2 Standard, at the applicable residential or business address, specified on the licence, when the firearm is not under his direct control.

(2)	A holder of a licence to deal in firearms and ammunition is obliged to store such firearms and ammunition in a strong-room as set out in SABS 953-2 Standard, at the place of business authorized on the applicable licence.

(3)	A holder of a licence to manufacture firearms or ammunition is obliged to store such firearms or ammunition in a strong-room, as set out in SABS 953-2 Standard, at the place of business authorized on the applicable licence.

(4)	A holder of a gunsmith's licence is obliged to store the firearms or ammunition being the subject of the licence, in a safe or strong-room as set out in SABS 953-1 and 953-2 Standard, at the place of business, authorized on the applicable licence.

(5)	Where the holder of a licence to possess a firearm, is away from his or her place of residence or business, and does not have the relevant firearm under his or her direct control, the firearm may be temporarily stored by means of a any safe, strong-room, device, apparatus or instrument for the safekeeping of a firearm, as set out in SABS 953-1, 953-2 and 953-3 Standard, if the licensee has exclusive access to the safekeeping instrument in the normal course of events, or if his or her presence and co-operation is at least necessary to gain access to the firearm.

(6)	In the case of public airports, firearm-free zones, and hunting facilities, the licencee may authorize the person designated thereto by the relevant authority with respect to the airport, firearm-free zone, or hunting facility to store the firearm and ammunition on his or her behalf in any safe, strong-room , device, apparatus or instrument for the safekeeping of a firearm, as set out in SABS 953-1, 953-2 and 953-3 Standard.

(7)	Where temporary authorization has been issued-

(a)	to possess a firearm in terms of section 21 of the Act,

(b)	to trade in firearms and ammunition on premises other than those specified in the applicable dealer's licence in terms of section 36 of the Act;

(c)	to display firearms and ammunition at other premises than those specified on the applicable manufacturer's licence in terms of section 50 of the Act; or

(d)	to conduct business as a gunsmith on premises other than those specified in the applicable gunsmith's licence in terms of section 64 of the Act,

the Registrar may impose any prescribed condition in respect of such temporary authorization as to the safekeeping, carriage and storage of the relevant firearms and ammunition, including safekeeping, carriage and storage in a safe, strong-room, device apparatus or instrument for the safekeeping of a firearm set out in SABS Standard 953-1, SABS Standard 953-2 and SABS Standard 953-3.

(8)	Where an import, export or in-transit permit have been issued in terms of section 74 of the Act, or a firearm transporters permit have been issued in terms of section 86 of the Act, the Registrar may impose any prescribed condition in respect of such permit as to the safekeeping, carriage and storage of the relevant firearms and ammunition, including safekeeping, carriage and storage in a safe, strong-room, device, apparatus or instrument for the safekeeping of a firearm set out in SABS Standard 953-1, SABS Standard 953-2 and SABS Standard 953-3.

(9)	A safe, strong-room, device, apparatus or instrument for the safekeeping of firearms will be deemed to comply with the standards set out in SABS Standard 953-1, SABS Standard 953-2 and SABS Standard 953-3. for all purposes of this Act, if the Registrar issue a certificate to this effect.

(10)	The Registrar may issue such certificate in respect of any safe, strong-room, device, apparatus or instrument in existence at the inception of these Regulations that does not technically conform to the specifications set out in the Standards referred to in sub-paragraph (9), but that would, in the opinion of the Registrar, effectively and substantively serve the same purpose.

(11)	If a person has stored a firearm by means of a safe, strong-room, device, apparatus or instrument in terms of a provision of this regulation, it shall be prima facie proof that the person has acted with reasonable care in the circumstances.

(12)	Any firearm for which a permit has been issued in terms of section 21 of the Act must, when not on the person of the permit holder or under the permit holder's direct control, be stored in the prescribed safe, strong room or safekeeping device

37	Storage

Where a person supplies storage facilities for firearms and ammunition to third parties, such facilities must conform to the requirements for a safe, strong-room, device, apparatus or instrument for the safekeeping of firearms as set out in the SABS 953 Standard, and subject to the provisions of this Act, any person who may lawfully possess a firearm or ammunition, shall at all times have exclusive access to the relevant facility, or his or her presence and co-operation shall be a necessary prerequisite for access to the relevant firearm and ammunition, unless the storage is undertaken by a licenced dealer or gunsmith in which case the dealer or the dealer's personnel with valid competency certificates, or the gunsmith may store firearms and ammunition on behalf of others.

38	Firearm Transporter's permit

(1)	A firearm transporter may only lawfully possess and transport firearms and ammunition, if such firearm transporter-

(a)	has obtained a prior written consent by the licence holder or other legally entitled person in respect of the firearms and ammunition; and

(b)	has obtained a Firearm Transporter's permit in respect of the transport of the firearms and ammunition.

(2)	(a)	Application for a Firearm Transporter's permit to transport firearms and ammunition as a firearm transporter must be made on the applicable form prescribed in Schedule A and handed to the Designated Firearms Officer of the area wherein the owner of the firearms and ammunition resides, or in the case of a business or other legally entity (juristic person) where it has its main place of business.

(b)	An application for a Firearm Transporter's permit must be accompanied by the following documentation and information:

(i)	proof of a two way communication system between the vehicle transporting the firearms and ammunition and the consignor;

(ii)	description of safety measures fitted to the vehicle; and

(iii)	description of security precautions in place.

(3)	A Firearm Transporter's permit authorizes the firearm transporter and all the personnel in his or her employ to receive, transport, store and deliver consignments of firearms or ammunition during the permit period.

(4)	The Registrar may specify any conditions for the reception, carriage and delivery of the firearms and ammunition on the permit for the safe and efficient transportation thereof, including the type and construction of the vehicle to be used as well as the relevant containers, minimum personnel to be involved, and minimum communication facilities.

(5)	The permit shall specify the period wherein the transportation may take place, the method by which the transportation is to take place, safety measures required by the Registrar to be in place.

(6)	A firearm transporter who transports firearms and ammunition shall at the time of such transport be in possession of -

(a)	a consignment-note on which the following particulars appear:

(i)	the name and address of the transporter;

(ii)	the name and address of the consignor or licence holder or other legally entitled person in respect of the firearms and ammunition;

(iii)	full particulars in respect of the firearms and ammunition which is transported; and

(iv)	particulars regarding the origin and destination of the firearms and ammunition which is transported;

(b)	the permit authorizing the transportation of such firearms and ammunition;

(c)	the written consent referred to in sub-paragraph (1)(a);

(d)	any other document which may under this regulation or any other law be required;

(7)	A firearm transporter shall keep the documents referred to in sub-regulation(6) for a period of 5 years after the transportation and produce it, on request to a police official or a Designated Firearms Officer for inspection.

(8)	A firearm transporter shall maintain a register which shall contain the following information of all firearms and ammunition transported:

(a)	scheduled date of transport;

(b)	quantity, caliber make, model and serial number of firearm;

(c)	quantity and caliber of ammunition;

(d)	name of lawful possessor of the firearm and ammunition;

(e)	physical address of lawful possessor;

(f)	postal address of the lawful possessor;

(g)	particulars of the origin and destination of the route; and

(h)	name, surname and identity or passport number of employee

in charge of transporting the consignment.

(8)	Where a firearm transporter is obliged to store the firearms or ammunition for any period of time, after reception and before delivery, such storage must conform to the requirements for safekeeping and storage set out in regulation 36(8).

(9)	Where a consignment is en route and at all times under the direct supervision of the firearm transporter or his or her personnel, the transportation must conform to the requirements for the transportation of firearms set out in regulation 41.

(10)	The consignee must notify the firearm transporter of the receipt of the consignment of firearms and ammunition. Such notification shall contain the following information:

(a)	name and surname of recipient;

(b)	recipient's address;

(c)	date and time of delivery; and

(d)	description of firearms and ammunition received.

39	In-Transit Permit

(1)	An application for an in-transit permit for firearms and ammunition must be made on the applicable form prescribed in Schedule "A" and submitted to the Designated Firearms Officer nearest to the port of entry through which the consignment will enter South Africa.

(2)	An application for an in-transit permit shall be accompanied by the following documentation:

(a)	permission to import the firearms and ammunition into the country of final destination; and

(b)	specification of transport route, indicating port of entry and exit.

(3)	In addition, where an application is made by a juristic person, such application must also be accompanied by the following documentation –

(a)	permission to export the firearm and ammunition from the country of origin;

(b)	written consent of lawful possessor;

(c)	end user certificate; and

(d)	consignment note of firearms and ammunition to be carried in transit.

(4)	The in-transit permit shall authorize the person specified therein and the personnel in his or her employ to receive, transport, store and deliver the consignment of firearms and ammunition according to the terms of the in-transit permit: Provided that where the quantity of firearms and ammunition is of such a nature the Registrar may for security reasons require the holder of an in-
transit permit to make use of a firearm transporter to transport the firearms and ammunition through South Africa.

(5)	The in-transit permit shall specify the period in which the firearms and ammunition may be in transit through South Africa, the route indicating the port of entry and exit, the method of conveyance or transport, and safety measures required by the Registrar that are to be in place.

(6)	Where the holder of an in-transit permit is obliged to store the firearms and ammunition for any period of time, after reception and before the consignment is outside of South Africa, such storage must conform to the requirements for safekeeping and storage of firearms and ammunition as set out in Regulation 36(8).

(7)	The consignment shall at all times except when stored as set out in Regulation 36(8) be under the direct supervision of the in-transit permit holder or his or her personnel.

40	Import and Export Permit

An application for an import or export permit must be made on the applicable form prescribed in Schedule "A" and must be accompanied by the following applicable information and documentation:

(a)	A certified copy of the licence, permit or authorization confirming the applicant's lawful possession of the firearm and ammunition;

(b)	Proof of permission to import the firearm and ammunition into the country of final destination; and

(c)	Proof of permission for the export of the firearm and ammunition from country of origin.

41.	Packaging of firearms and ammunition during transportation

(1)	Firearms must be packed separately from ammunition during transportation, and all ammunition must be removed from firearms in a safe manner, before transportation.

(2)	Firearms and ammunition must be transported in holders, and must be packed to ensure maximum safety and minimum exposure.

(3)	Direct supervision and control of firearms and ammunition being transported is required unless the firearms and ammunition is transported in or with the employment of a safe, device, apparatus or instrument for the safekeeping of firearms as specified in SABS 953-3 Standard, or in the case of air or sea carriage, in a manner that has been approved by the Registrar.

(4)	These provisions do not derogate from any other provision prescribing standards for the transportation of firearms and ammunition.

(5)	This Regulation is applicable to all firearm transporters, sub-contractors of such firearm transporters and persons who may lawfully be in possession of a firearm or ammunition, but is not applicable to firearms carried on or by a person.

42	Application for authorization to possess in excess of 2400 primers

The holder of a licence to possess a firearm must submit an application for authorization to possess more than 2400 primers for the purpose of loading ammunition for his or her licenced firearm on the applicable form prescribed in Schedule "A" to the Designated Firearms Officer at a police station in the area wherein the applicant resides.

43	Appeal Board

(1)	The conditions of office, remuneration and allowances of the members of the Appeal Board referred to in section 129(1) of the Act shall be as prescribed in terms of the Public Service Act for Commissions and similar entities, for persons with qualifications and experience corresponding to those of the members of the Appeal Board.

(2)	Subject to the provisions of section 129(2) of the Act, the period of service of a member of the Appeal Board shall be three years.

(3)	Retiring members of the Appeal Board may be reappointed.

(1)	Whenever a member of the Appeal Board is absent due to illness or for any other reason, the Minister may temporarily appoint a person as an acting member for the period that the member is absent.

(1)	The seat of the Appeal Board shall be Pretoria, but the Board may sit in any other locality for the purpose of hearing an appeal where oral submissions have been allowed.

(1)	The Minister shall nominate a member of the Appeal Board as Chairman of the Appeal Board.

(7)	The Chairman shall determine the times when the Appeal Board shall meet and the procedure to be followed at meetings.

(8)	(a)	For the purposes of a meeting of the Appeal Board the Chairman and two members shall form a quorum.

(b)	The decision of the majority of the members present at a meeting of the Appeal Board shall constitute a decision of the Appeal Board: Provided that in the event of an equality of votes on any matter, the Chairman of the Appeal Board shall have a casting vote in addition to his deliberative vote.

44	Administrative Justice and Right of Appeal

(1)	Any official taking an administrative decision in terms of this Act which may detrimentally affect the rights of a person shall note the reasons for the decision on the notice containing the decision as well as his or her identity and the date of the decision.

(1)	Any person who is notified of such administrative decision shall receive the reasons for the decision in such notification, as well as the identity of the decision-maker and the date of the decision.

(3)	An appeal referred to in section 133 of the Act shall be noted by an aggrieved party or his or her legal representative within 90 days after becoming aware of the decision in question, by submitting an Appeal Notice in the format prescribed to in Schedule A to the Appeal Board, and by clearly indicating in the Appeal Notice the decision that was taken and by whom, the date of the decision, ground or grounds of appeal, and by attaching written submissions in support of the appeal to the Appeal Notice.

(4)	The Appeal Board may condone late submissions of an Appeal Notice on good cause shown.

(1)	A copy of the relevant refusal referred to in section 133(1)(a) of the Act, cancellation of competency certificate, license, permit, or authorization, or condition attached thereto referred to respectively in section 133(1) (b) and (c) of the Act, and the notice referred to in section 133(1)(d) of the Act, must be attached to the Appeal, if available.

(2)	An appeal is submitted to the Appeal Board by hand, facsimile or by post to the Chairman of the Appeal Board at the following postal address: Private Bag X811, Pretoria, 0001.

(7)	The Appeal Board must acknowledge receipt of an Appeal Notice and the date of such receipt in writing, and may do so by post, facsimile or by appending such acknowledgment on a copy of the Appeal Notice.

(8)	The Appeal Board must inform the relevant official who made the decision in question of the appeal, and supply him or her with a copy of the documents referred to in sub-paragraph (2), and request him or her to respond in writing within 14 days, as to why the appeal should not be upheld.

(9)	The Appeal Board may request an applicant or the applicant's legal representative to address the Board during the hearing of that appeal, in which case the Appeal Board shall inform the applicant and the official in question that oral representation by the parties will be allowed during the hearing, and afford both parties the opportunity of making oral submissions during the hearing.

(10)	Should the Appeal Board deem it necessary it may request additional information or documents from any party in order to allow it to come to a just and fair decision. The Appeal Board shall notify an applicant, or his or her legal representative in writing of the outcome of an appeal, within 30 days of the Appeal Board's decision.

(11)	Where an appeal relates to a firearm and the appellant is not the existing license holder, the Appeal Board shall likewise notify the relevant license holder of the outcome of the appeal.

45	Surrendering of firearms and ammunition

(1)	A person who is legally entitled to possess a firearm or ammunition in terms of this Act and who is the owner of such firearm or ammunition may surrender such firearm or ammunition to the State.

(2)	The firearm or ammunition is surrendered to the State, by the handing over of such firearm or ammunition to a police station together with the applicable licence, permit or other authorization, as well as the applicable form prescribed in Schedule "A".

(3)	The state may dispose of such firearm or ammunition in terms of the Act.

(4)	A person who surrenders a firearm or ammunition in terms of an amnesty notice published in terms of section 139 of the Act, must surrender the firearm or ammunition to a police station.

(5)	The state may dispose of such firearm or ammunition in terms of the Act, subject to the right of the person to apply for a license in respect of such firearm in terms of section 139(4) of the Act.

(6)	A public body or civil organization may hold a public campaign to reduce the number of firearms held illegally in the community and for this purpose receive such firearms and ammunition with the purpose of surrendering it to the police, if the prior approval of the Registrar has been obtained, and subject to such directions and conditions as the Registrar may impose.

(7)	Any firearms or ammunition received by the public body or civil organization in terms of sub-paragraph (6) shall forthwith be surrendered to the police in terms of the directions and conditions of the Registrar, and the state may dispose of such firearms and ammunition in terms of this Act.

(8)	In all cases where a firearm is surrendered to the police, or a firearm is found, the circumstances may be investigated to establish whether an offence has been committed with, or in respect to such firearm, and the state shall dispose of such firearm in terms of this Act, subject to the rights of any person who may lawfully possess such firearm.

46	Disposal of Firearms where Business Ceases Training

(1)	A person who holds a licence contemplated in Section 20, Chapter 7 or 8 of the Act who ceases to carry on business must-

(a)	immediately notify the Registrar in writing of the ceasing of business provide the Registrar with a detailed list with full particulars of all firearms and ammunition in his or her possession,

(b)	inform the Registrar of the steps taken to safeguard such firearms and ammunition,

(c)	dispose of the firearms and ammunition in her or his possession in the following manner

(i)	Sale;

(ii)	donation;

(iii)	destruction

(iv)	deactivation; or

(v)	export.

(e)	notify the Registrar in writing of the particulars of the disposal.

(2)	Such disposal must take place within 90 days of the licence holder having notified the Registrar of his or her decision to cease carrying on business.

(3)	On good cause shown by the licence holder the Registrar may extend the period 90 days mentioned in paragraph (2) for a further period not exceeding 90 days.

(4)	Where the licence holder fails to dispose the firearms within the prescribed period including any such additional period that the Registrar may allow such firearms and ammunition are deemed forfeited to the State.

(5)	The Registrar must notify the licence holder in writing that the firearms and ammunition have been forfeited to the State and that the firearms and ammunition must be surrendered to the police station indicated in the notification.

47	Production and discharge of firearms for identification purposes

(1)	Whenever the Registrar deems it necessary for the purposes of identifying a firearm or ammunition the Registrar may by written notice direct any person who is in possession of the firearm or ammunition to produce such firearm or ammunition within the period stipulated in such notice at a time and place stipulated in the notice.

(2)	A police official may test fire such firearm or discharge such ammunition, or, if necessary take possession of the firearm for ballistic or other testing at a suitable police facility.

(3)	A receipt in the applicable form as prescribed in Schedule "A", must be handed over to the licence holder or other person who had lawful possession of the firearm, if the firearm is to be tested at another facility.

(4)	Such firearm must be returned to the person who may lawfully possess the firearm, as soon as possible.

(5)	Nothing in this regulation derogates from any right of search and seizure that police officials may have in terms of any other law.

48	Change of Address

Where a permanent change occurs in the ordinary place of residence or the postal address of the holder of a licence, permit or authorization issued in terms of Chapter 6 of the Act, such holder of a licence, permit or authorization must notify the Registrar by submitting to the relevant Designated Firearms Officer the notification of change of address on the applicable form as prescribed in Schedule "A".

49	Change of Circumstances

Where a permanent change occurs in the information which the holder of a licence, permit or authorization submitted in respect of the application for the issuing of that licence, permit or authorization the holder of such licence, permit or authorization must notify the Registrar by submitting to the relevant Designated Firearms Officer the notification of change of circumstance on the applicable form as prescribed in Schedule "A".

50	Correction of Information

(1)	An application to correct information contained by the Registrar regarding the details of the holder of a licence, permit or authorization or the information on a licence, permit or authorization must be made on the applicable form as prescribed in Schedule "A" duly completed as prescribed in the form and submitted to the relevant Designated Firearms Officer.

(2)	Where an application referred to in sub-paragraph (1) concerns the detail of a firearm which is incorrectly reflected on a licence, permit or authorization such application must also be accompanied by a certificate from a gunsmith confirming the details of the firearm.

(3)	Such gunsmith certificate must state the action, design, type, make, model, caliber and serial number of the firearm.

(4)	Where as a result of a correction performed in terms of sub-paragraph (1) the licence, permit or authorization's detail is not correct the holder of such licence, permit or authorization is deemed to have applied for the re-issue of the licence, permit or authorization.

(5)	The re-issue of such licence, permit or authorization will take place at no cost to the applicant only where the applicant submitted the correct details in the original application.

51	Payment of fees

(1)	For the purposes of these Regulations, and notwithstanding anything to the contrary contained therein, the fees set out in Schedule "B" to these regulations shall be paid as stipulated hereunder.

(2)	Payment of fees shall be made at a police station or financial institution.

(3)	Payment of the fees shall be made by means of cash or bank guaranteed cheque only.

(4)	Where the applicant elects to effect payment by cheque such cheque shall be –

(a)	made payable to the South African Police Service; and

(b)	be duly crossed.

52	Payment of Administrative Fines

(1)	Payment of the administrative fine must be made at the police station responsible for issuing the administrative fine.

(2)	Payment of the administrative fine must be made in cash or bank guaranteed cheque payment.

(3)	Where the person effects payment by cheque such cheque must be-

(a)	made payable to the South African Police Service; and

(b)	be duly crossed.

(4)	No post dated cheques will be accepted.

(5)	The Registrar may allow the person to pay the administrative fine in not more than four equal instalments.

53	Firearm free zones

(1)	The owner of or the lawful occupier of premises may on the applicable form as prescribed in Schedule "A" apply to have the said premises declared a Firearm Free Zone.

(2)	Such application shall be submitted to the relevant Designated Firearms Officer.

54	Compensation

Application for compensation must be submitted on the applicable form as prescribed in Schedule "A", duly completed as prescribed.

55	Estates

(1)	Subject to the provisions of any other law, any person who under any appointment, letter of executorship, letter of administratorship or letter of curatorship from the High Court or the Master of the High Court, as the case may be, acts as executor, administrator, trustee, curator or liquidator of the estate of any licence holder of firearms and ammunition, must -

(a)	take steps to ensure the safe-keeping of the firearms and ammunition and store such firearms and ammunition in a storage facility as prescribed in regulation 36;

(b)	compile an inventory of all firearms, ammunition of the licence holder, wherein particulars thereof are indicated, with specific reference and firearm parts where relevant to the type, make, caliber and serial number and the quantity, caliber and make of the ammunition;

(c)	on receipt of such appointment or letter, remit or deliver a letter, document or facsimile to the Registrar, furnishing the following particulars:

(i)	the name and address of the licence holder;

(ii)	the address where the firearms and ammunition are kept;

(iii)	a copy of the inventory referred to in sub-paragraph (b);

(iv)	if the licence holder is deceased, a copy of the death notice;

(v)	if the firearms and ammunition devolve by testamentary or interstate succession, the names, addresses and identity numbers of all beneficiaries; and

(vi)	documentary proof of appointment as executor, administrator, trustee, curator or liquidator, as the case may be, of the estate concerned.

(2)	The written document referred to in sub-regulation (1)(c) must, as soon as it has been received by the Registrar, be recorded in the register referred to in section 125 of the Act.

(3)	The Registrar must within 30 days after such receipt furnish an acknowledgment of receipt to the relevant person referred to in sub-regulation (1) of this regulation.

(4)	The relevant person must at least every three months inform the Registrar in writing of the progress that has been made and steps which have been taken in respect of the disposal of such firearms and ammunition.

(5)	The Registrar may at any time by written notice direct any such relevant person to inform him within the period mentioned in the notice on the progress that has been made and steps that have been taken in respect of any such disposal.

(6)	Where an heir to a firearm cannot succeed in obtaining an appropriate license, does not take possession thereof, or otherwise disposes of the firearm, within a period of 60 days after the estate has been finalized, the firearm is to be sold by the executor and the proceeds are to be distributed to the relevant heir, unless the Registrar extends such period on application by the executor or the heir on good cause shown.

56	Official address

(a)	The official address for communication in accordance with the provisions of these Regulations, shall be the following:

(b)	The National Commissioner: South African Police Service, Private Bag X94 Pretoria, 0001

(c)	The Chairman: Appeal Board, Private Bag X, Pretoria, 0001.

(d)	The Head: Central Firearms Register, Private Bag X811, Pretoria, 0001

56	Forms

Any form referred to in these Regulations may be obtained from a Designated Firearms Officer at a police station in whose area the applicant resides or conducts business.