CLAUSE

ORGANISATIONSUBMITTED PROPOSAL

PROPOSED CHANGE TO THE BILL

DEPARTMENTAL COMMENT

Preamble

CGE

Include clauses referring to the ideal of a gun free society and domestic violence

Policy issue for debate by Portfolio Committee

NICRO

Include the wording "including domestic violence" in the preamble

Preamble should refer only to general principles not specific

Purpose

NICRO

Include the words "right to be free from all forms of violence"

This is already in the preamble

Definitions

1(ii)

NFF

Reference to 8 joules is complicated and difficult to police. Airguns joule capacity changes with use and age. It is suggested that the differentiation be made between No. 1 and No. 2

Department proposes drawing a distinction between number 1 and number 2 airguns as suggested by a number of interest groups

SAAADA

Support deregulation but don’t agree with the distinction between kinetic energy. Use calibre for distinction

See above comment

1(iii)

Problematic if propellant is included here; propellant cannot be quantified in simple numerical terms but rather in mass. Propellant already falls fully within Explosives Act which is currently under review, alternatively propellant should be specifically excluded from Explosive Act and brought under this Bill.

Department proposes removing "propellant " from the definition of ammunition

Safari Club International

Exclude propellant in the definition of ammunition

See above comment

Truvelo Manufacturers

This should be a cartridge only or possibly a primed case

See above comment

NFF

Believe primers should not be limited

Policy issue

1(iv)

Truvelo Manufacturers

Define antique rifle as any firearm manufactured to use black powder

Department proposes an amendment which included this proposal

SAAACA

Amend the date to 1 January 1900 alternatively refer to antique firearm as a muzzle loading firearm

See above comment

NFF

Suggest this be simplified to refer to any muzzle loader regardless of date of manufacture

See above comment

I Z Pansegrouw

The definition includes a primer, which does not decern between used and live, primer resulting in spent cartridges cased being brought within the ambit of the section

Department does not agree as a "discharged primer" is no longer a primer

1(ix)

Safari Club International

Definition of dedicated is too complex

No comment

1(x)

I Z Pansegrouw

Requirement is going to cause confusion and/or litigation as a person may be prejudice by this section

No comment

1(xii)

I Z Pansegrouw

Definition of a firearm is to complicated

Department has proposed certain amendments

SAAADA

Definition of a firearm included any major parts i.e. magazine – It is proposed that the current situation where the barrel should be licence should be maintained

Policy issue but Department is not opposed to this suggestion

Mr RGA Lewis

A barrel should not be licensed as a firearm

See above comment

ISS

Delete the words "but does not include any device contemplated in section 5"

No comment

1(xii)(c)

NFF

Define a deactivated firearm. There are tens of thousands of deactivated firearms in circulation that currently do not require a licence. If this section is not properly defined then these deactivated firearms and their owners would be criminalised.

Deactivated firearms will be clearly described in the Regulation, thus no definition is necessary

1(xii)(e)

NFF

Currently the barrel is deemed to be the licensed firearm and the other major parts are prohibited unless the person has a licence for a firearm the part can be used on. Suggest the current definition remain. There are many cases of people especially sportsmen who have upgraded single column pistol frames by replacing them with double column frames, the new definition would mean that the surplus frame is in fact an illegal firearm.

See comment of 1(xii) above

1(xiv)

NFF

Manufacture needs to be clarified. Currently many gunsmiths assemble firearms using purchased fully premanufactured components such as barrel action and stock, the barrel being the licensed part. Under Customs and Excise law this is deemed to be manufacturing and is applicable to manufacturers and gunsmiths assembling rifles, does this definition apply here?

Department in conjunction with the State Law Advisors is preparing a definition of manufacture

1(xv)

NFF

This definition could exclude single shot handguns of the type commonly used for handgun hunting and certain shooting sports. Is this the intention? This needs to be clearly defined. This definition also causes an overlap with certain types of airguns which are typically single shot target shooting airguns as used in sporting disciplines such as the Olympic and Commonwealth Games. Airguns which are also handguns should be specifically excluded from this definition

No comment

1(xvi)

NFF

It seems to say the least, that even water pistol and plastic toy guns sold at chain stored as in possession of untold number of children

The Department does not see water pistols and toy guns as being imitation unless they very closely resemble the real item

1(xx)

NFF

Suggest inserting "or wishes to participate". This would prevent the catch 22 situation whereby the person cannot obtain a firearm without participation yet cannot participate until a firearm is obtained

Department proposes an amendment which accommodate this problem

1(xxi)

NFF

Suggest inserting "or wishes to participate". This would prevent the catch 22 situation whereby the person cannot obtain a firearm without participation yet cannot participate until a firearm is obtained.

Department proposes an amendment which accommodates this problem

1(xxv)

RSACCA

Definition of a private collector to read "means a person collects firearms or ammunition, who is a member of an accredit collectors association and who is not a public collector

Department proposes an amendment to include ammunition

1(xxxi)

SOB

The definition of "security officer" should therefor be amended to describe anybody, who or which provides a security service as defined in the Security Industry Act

This issue will be dealt with on an administrative basis between SAPS and SOB

1(xxxiii)

NFF

To simplify enforcement it is worth considering excluding all air rifles below .22 calibre. It is beyond the capabilities of anyone other than an expert with scientific equipment to determine the muzzle energy of an airgun. This would make enforcement extremely difficult. Previously in South Africa the distinction was drawn by calibre. We recommend a return to this previous system whereby all air rifles of 4.5mm are deregulated and all airguns of 5.6mm are regarded as "especially dangerous" and require a licence regardless of muzzle energy.

Department proposes an amendment which accommodates this suggestion

1(xxxiv)

NFF

The true effect of this Act will be determined by the content of the regulations. These regulations have not been drafted as yet. The entire meaning of the Act could be drastically changed by the regulations. These regulations should be available with the Bill in order to make an accurate assessment.

The nature of the regulations are determined by the Act and the regulations can only be finalised after the wording of the Act has been finalised

3

ISS

Heading is misleading and must include the word possession

No comment

4

ISS

Firearms equipped with a silencer or sound moderator or device which main purpose is to suppress the noise of a shot fired from a firearm

Department has considered these proposals but they contribute little to crime prevention but cause severe administrative and implementation problems

Truvelo Manufacturers

No prohibited firearms – applicants should be properly screened

Policy issue

4(1)

RSACCA

This paragraph to read "The following firearms devices, projectiles are prohibited and may not be possessed or licensed in terms of this act, except as provided for in sections 20,21,22and 23(1)(b)

The Department is of the opinion that the current wording is correct

RAPCAN

The list of prohibited weapons in should be expanded, and pellet and toy guns should be banned

Policy issue

NFF

Under current legislation fully automatic firearms may not be licensed. They may however be possessed by virtue of a special permit issued by the Minister personally. We believe that such a permit system should be retained under existing strict controls

Policy issue

4(1)(b)(i)

K Duffy

Delete reference to frame or body of any such projectile, grenade or bomb

Department agrees with this comment and has proposed and amendment

CGE

Define what is meant by "substantial"

Will discuss with State Law Advisors

NFF

This definition would prohibit non-lethal firearms that fire tear gas canisters as are commonly used by security companies. The possession and use of teargas is already strictly controlled in other legislation. This definition should be amended to allow these types of non-lethal firearms. If this is not done then such users will be forced to revert to the use of other lethal firearms in these applications, which would be undesirable.

See comment in clause 4(1)(b)(i)

4(1)(b)(ii)

SAAACA

Remove reference to 20 mm as there are may firearms that fire larger projectiles

Department has proposed an amendment to accommodate this suggestion

NFF

There are many sporting and hunting firearms that would exceed this size. In particular large calibre hunting shotguns, black powder muzzle loading guns and also large calibre big game rifles such as 4 bores. None of these types of firearms can be considered in any way problematic or to have any military purpose. They do however all have specialised but legitimate practical applications and many; especially the English style double rifles have major historical and commercial value. As an example an English 4 bore double rifle would have a value of at least R200 000 new. Perhaps more importantly this calibre limit would outlaw the various non-lethal firearms that are designed to fire rubber projectiles.

See above comment

4(1)(d)

K Duffy

This section to be reworded to clearly state that a substance used to propel a freestanding rocket is excluded from the Bill. A failure to include such, would outlaw the hobby of rocketry, and make the possession of certain types of firework propellant a prohibited firearm or totally open to interpretation as such in a court of law. Certain fireworks fire an explosive charge from a tube.

Department has proposed an amendment which will solve this problem

NFF

This definition is poorly worded and hugely problematic. As it stands this definition would prohibit normal propellants as used in all small arms ammunition as it is exactly this common propellant that is used to propel mortar bombs. Modern rifle grenades are also propelled by firing a standard rifle cartridge

See above comment

4(1)(f)

I Z Pansegrouw

Define what is meant by "imitation"

Will discuss with State Law Advisors

Superior Arms & Ammunition

This will prohibit the possession of toy guns

See comment on clause 1(xvi)

4(1)(g)

NFF

Many antique firearms have had their serial numbers changed for legitimate purposes

These will by definition be excluded

4(1)(g)

NFF

The assumed purpose of this section is to prevent people swapping firearms by changing the serial number rather than obtaining a new licence. Obviously this practice should be prevented but this needs to be more carefully defined. There are many cases where numbers on firearms have been changed or removed for legitimate reasons without contravening existing legislation. Examples would be a rifle assembled from a barrel and an action, the action would often have a serial number of it’s own which is not recognised or registered under existing law, when the rifle is assembled these superfluous numbers are removed so as not to be in conflict with the registered number on the barrel.

No comment

4(2)

NFF

We cannot imagine what the concern of the drafters is in this case, particularly as there are no longer any restrictions on barrel length in this Bill. If a person is legally entitled to possess a firearm with for instance a 65cm barrel we can see absolutely no purpose in forbidding a person from shortening a barrel of 70cm to 65cm. This entire provision should be scrapped

The Department is concerned that criminals may shorten a barrel to such an extent that a rifle resembles a pistol

4(3)(a)

MJ Hood

Minister has unfettered discretion to declare firearms as prohibited firearms

Policy issue

Durbanville Shooting Club

Bill allows Minister to alter the Bill by proclamation as well as the Registrar of Firearms to control the application of the law with regard to the possession of firearms, by regulation. Any changes should go through parliament

See above comment

NFF

This wording would allow such a notice even if Parliament rejects it. Suggest wording be changed to allow such a notice only after parliament has approved it

See above comment

5

Agri SA

Include devices manufactured for the control of vermin and problem animals on agricultural land

Policy issue although some of these devices are modified firearms

SAAACA

Include flair guns as items that are not firearms

Policy issue

ISS

Paintball guns and tranquilliser firearms are dangerous guns and should be licensed like any other guns

Policy issue

NFF

This list of exclusions should be revisited. There is a large number of devices that should be included in this list that have not been. Examples would be net firing guns and flare launchers and other safety equipment

Policy issue

5(1)(a)

NFF

This exclusion should not be limited to the building industry. Line-throwing guns for instance are most commonly used on board ships

Department has proposed certain amendments

6 & 7

Superior Arms & Ammunition

Why does Bill seek to regulate Antique firearms and Airguns other than a specifically dangerous airgun if they are not firearms for the purposes of this Bill? Proposed legislation might just as well deal with axes, knives, clubs, bows and arrows, etc.

Department has proposed certain amendments

6

SAAADA

Agree with the deregulation but not the manner. Rather deregulate all muzzle loading firearms

See above comment

Frik Jordaan

Allow the discharge of antique firearms on any suitable place

Department has proposed certain amendments

6(2)

ISS

Antique firearms should only be discharged under strict supervision on an accredited shooting range

See above comment

NFF

Suggest the specific allowance to hunt with antique firearms, this is a small but growing sport in South Africa but is very popular in the USA and other countries

Department proposes complete deregulation of antique firearms thus allowing their use for any lawful purpose

6(3)

ISS

Antique firearms should not necessarily be disposed through a dealer only

Policy issue

7

SAAADA

Scrap the register that should be maintained on airguns

See comment in 6(2) above as it applies to airguns as well

SOB

Air rifles should be licensed like any other type of firearm

Policy issue

7(2)

NFF

If airguns are deregulated and do not require a licence this section would appear to be unnecessary. Suggest that this section be deleted entirely to simplify administrative workload

The Department agrees with this comment

8

CGE

Prior to licensing introduce a mechanism to consult with the neighbours / family, involve the local community, applications to be advertised in area where applicant resides

This is a policy issue linked to SAPS capacity to implement this measure and is constitutionally sensitive.

CTSASA

There is no provision in the legislation that would allow sport shooters to visit the country. This section clearly states that only South African Citizens or permanent residents may acquire licences. Section 24 deals with the temporary issue of licences by the Registrar but conditions are not included

This is an incorrect reading of the Bill as visiting sport shooters are accommodated

CTSASA

The word "may" should be changed to "shall". If a person has gone through the vetting procedure and has complied with all the necessary steps there is no reason why a license should not be issued

Policy issue

8(1)

Khuseleka

The cost of applying for competency certificate is considerable and if successful the Registrar should be obliged to issue a licence

Policy issue

RAPCAN

Add that before any documentation for competency is issued proof of ability to store firearms safely is required

This will be dealt with in the Regulations. Department supports this proposal

8(1)(b)

NFF

In the case of temporary import permits, as issued to visiting hunters and sports persons, these requirements must be fully defined separately. As this clause now stands it would require such visiting hunters to undergo the entire licensing and competency process. Any such requirement would destroy the hunting industry in South Africa. The Bill also requires all applicants to be either citizens or permanent residents. This alone would prohibit the issue of a permit to a visiting hunter or sports person

This is an incorrect reading of the Bill

8(2)

Superior Arms & Ammunition

As a competency certificate is valid for 2 years this clause requires a dealer to apply for a competency certificate every 2 years

Incorrect understanding o the competency certificate – Department in any event proposes that the competency certificate be valid for 3 years

Brig Gen. Gerber

This clause requires a person to obtain a competency certificate every 2 years which is unacceptable

See above comment

9

De Beers Consolidated Mines Limited

Provision should be made for the nomination for more than one responsible person where such applicant is a large company

The Department is of the opinion that this is feasible within the current provisions

9(3)

De Beers Consolidated Mines Limited

The personal limit of an individual person should not be influenced by a possible nomination of being a responsible juristic person. Provision must be made that where a person leaves the employ of the juristic person the nomination of a responsible person be automatically revoked.

The Bill currently makes such a situation. This issue will be dealt with as a condition in terms of which a licence is issued

NFF

If such a person is deemed to be the holder of such a licence would these licences then be considered to be part of the numerical restrictions placed on that persons private possession of firearms? This should be clarified

No – the current provisions in the Bill are adequate to address this concerns

10

Durbanville Shooting Club

The Bill mentions accredited sports – shooting associations and ranges. No information exist as to qualification

This will be dealt with in the Regulations

ISS

No provision is made in this sub-clause for the varying of such accreditation

Se above comment

10(3)

ISS

Provision must be made for the cancellation of accreditation once the rules on natural justice have been adhered to

See above comment

11

The introduction of a competency certificate is welcomed however the Bill does not seem to mention the cost of getting a competency certificate of licence. While the exact cost should be contained in the regulations the Act should refer to the fact that people will have to pay for this service as there is no reason why ordinary tax-payers, the majority of whom do not own guns, should subsidise these costs.

Policy issue

CAPFSA

Competency testing is welcomed and supported

No comment

11

Mr Roux Wildenboer

Excluding requirement for a competency certificate from dedicated categories

Policy issue

Agri SA

The competency certificate should once issued should not expire

Policy issue

Safari Club International

Competency certificate is supported but simplify this process

No comment

Greg Andrews

Advertise an application by a person for competency certification

Policy issue

RAPCAN

Require community participation in determining competency. Require that the applicant’s spouse / family be notified of an application. Consider objections to an application from the application’s spouse / family and the community

Policy issue

11(2)

Superior Arms & Ammunition

Change the word may to must

Policy issue

MRC

Competency certificate should not be issued while an applicant is under a temporary restraining order in terms of the Domestic Violence Act

Policy issue – constitutionally sensitive

11(2)(a)

Greg Andrews

Age of competency should be amended to 25 years with the proviso that the Registrar may issue a licence to a person over 21 where exceptional circumstances prevail and advertise this.

Stricter criteria for persons under 25 could be considered

SCFA

The age limit should be raised to 21 years – as this is also the age of majority

Policy issue for debate by Portfolio Committee

Truvelo Manufacturers

The person should be licensed not the gun

Policy issue for debate by Portfolio Committee – The legislation proposes that the individual is screened and should be a fit and proper person

GCA

The age limited should be raised to 25 yr. The main motivation behind this is that we still encounter learners at school of the age older than18 yr.

Policy issue

11(2)(c) & (d)

Superior Arms & Ammunition

How will the Registrar determine whether a person is inclined to violent behaviour or is mentally unfit?

This will be achieved through a background check and relevant reports, as well as audi alteram partem

11(2)(d)

NICRO

Add the words "emotional dispositions" after mental condition and define both concepts and how does one verify them

The Department is of the opinion that "mental condition" is wide enough and would address this suggestion

Greg Andrews

Minimum criteria which must be assessed by a properly accredited psychologist or some such professional person or body.

This may not be practical in all situations

11(2)(e)

SCFA

The dependency on substance effectively disqualifies any smoker from owning a firearm

Department disagrees

NFF

This section should be more closely defined. It is medically accepted that tobacco is a narcotic and has a narcotic effect. Likewise smokers of tobacco could readily be defined as being dependent. This would then preclude all smokers from owning firearms, which is presumably not the intention. We suggest either deleting this section or limiting it to dependence on an illegal substance

See above comment

11(2)(d) – (m)

SAHRC

Support these provisions

No Comment

11(2)(f)

CHASA

Read with (3)(a) could result in a minor offence where a suspended jail sentence is imposed causing a person to be excluded from being declared fit.

Department agrees with this comment but will discuss with State Law Advisor

11(2)(i)

ISS

Conviction of fraud must relate to any conviction not necessarily one specifically involving firearms

Policy issue but this could have harsh consequences

11(2)(j)

Safari Club International

This provision is harsh and misdirected. One conviction could lead to a loss of your licence

Policy issue

11(2)(k)

MRC

Support the inclusion domestic violence

No comment

11(2)(m)

NICRO

A database of persons against whom a protection order has been issued should be established

This is a requirement which should be addressed through the implementation of the Domestic Violence Act

RAPCAN

It is recommended that no competency certificate be issues while a temporary protection order is in place

Department agrees

Greg Andrews

No competency certificate to be issued while an investigation is pending against the applicant

Constitutionally sensitive

11(2)(o)

SAWA

Support practical training of applicants

No Comment

11(3)

MRC

The five year limit to a disqualification based on a domestic violence conviction should be permanent

Policy issue for debate by Portfolio Committee. Permanent disqualifications are generally problematic.

Greg Andrews

A suspended sentence allows this person to carry a firearm

Policy issue for debate by Portfolio Committee.

11(3)(a)

NICRO

Include "in respect of which the accused person was sentenced for an offence containing an element of violence or which constitutes a danger to the physical well-being and/or life or another person"

The Department is of the opinion that this is an unnecessary restriction on this clause

RAPCAN

The definition of offences under which competency will be denied should not provided for any threshold

Policy Issue

11(3)(c)

Greg Andrews

There should be an additional criteria to be satisfied over and above the five year period when a person apply for a firearm

Policy Issue

RAPCAN

Delete "less than 5 years"

Policy Issue

GFSA

Any person convicted of any of the offences listed in Section 11(2) is permanently banned from owning a firearm

Policy Issue

11(4)

Quaker Peace Centre

Five year period is insufficient and should be seven

Policy Issue

11(5)

GCA

The Registrar is given the discretion to consider applications of younger applicants and if the age is raised to 25 yr. This discretion can be utilised if required

No comment

12(2)

SAAACA

Life span of competency certificate is two years – should be the same as the licence

A competency certificate is valid for 2 years within which time an applicant must apply for a licence. The licence remains valid for the period mentioned in section 30. However the Department proposes amending the life span of a competency certificate to 3 years

SOB

Competency Certificate to last for 3 years

See above comment

NFF

This provision requires greater clarity. We assume the intention is that a person must apply for and obtain a firearm licence within two years of obtaining a competency certificate failing which the person should obtain a new and current competency certificate. This is unclear. If a person obtains a competency certificate and then obtains a firearm licence within the two-year period is the person then required to constantly renew the competency certificate every two years? Or does the licence then supersede the competency certificate? If the licence is then issued for five or ten years there will be a period during which the person is in possession of a licence but not a valid competency certificate, this could be open to misinterpretation. Would it be possible for the certificate to be defined as valid for two years but automatically extended to the validity of the licence once a licence has been issued

See above comment. The Department has in discussions with the NFF clarified the position

14

I Z Pansegrouw

This section is supported but clarification should be given to the accountability of ownership of firearms

No comment

14(1)

NFF

We suggest this be amended to premises or property. In many cases, especially the farming and rural communities, the licence holder's immediate family may reside on the same property but not necessarily the same premises

To be discussed with State Law Advisors

15

Brig Gen. Gerber

The limit of one handgun should be raised to two. Very often one wants a small gun -easy to conceal

Policy issue for debate by Portfolio Committee. This issue will be addressed if all licensed firearms may be used for self-defence

SCFA

A person should be able to hold several firearms for self defence

Policy Issue

Mr. KR Southey

4 guns limit is sufficient

No comment

GCA

Provision of this section allowing a person to have a shotgun and handgun for self defence must limit the shotgun to those persons in rural areas

Policy Issue

Greg Andrews

Define self defence

Not recommended

Agri SA

A separate category for farmers is proposed

Policy Issue – similar requests were made by shotgunners etc.

15(3)

RAPCAN

The number of firearms to be licensed for self-defence purposes must be limited to one

Policy issue for debate by Portfolio Committee. Consider allowing other firearms to be used for self defence so limiting the number of firearms by not requiring specific firearm for specific uses

Homestead

The issue of licenses for self-defence firearms should be taken serious and should not be granted easily. A rigorous procedure for assessing applicant’s need should be imposed.

No comment but the Department supports this approach for implementation

Superior Arms & Ammunition

A person should be able to use any firearm for self defence purposes and this will also limit the number of firearms licensed

Department agrees with this comment – In addition the Common Law provides for any weapon to be used in a self defence situation

15(1)(a)

Brig Gen. Gerber

Reference to semi-automatic shotgun should be removed as this is not a military style weapon

Department proposes an amendment to accommodate this issue

NFF

There are substantial numbers of semi-automatic shotguns in legal possession primarily for sporting use. Provision should be made to allow such shotguns to also be used for protection.

See above comment

15(2)(a) & (b)

Mr KR Southey

Opportunity to use gun for self-defence is not always there

Policy Issue

15(2)(b)

NFF

There are substantial numbers of semi-automatic shotguns in legal possession primarily for sporting use. Provision should be made to allow such shotguns to also be used for protection.

See comment of clause 15(1)(a)

15(3)

NFF

There are substantial numbers of semi-automatic shotguns in legal possession primarily for sporting use. Provision should be made to allow such shotguns to also be used for protection.

See comment of clause 15(1)(a)

GFSA

"A person may not hold more than one self defence firearms license" either a shotgun which is not fully automatic, or a handgun which is not fully automatic, or with the Registrar’s approval , a restricted firearm

Policy Issue

15(4)(b)

Agri SA

Allow for practise on agricultural land with the consent of the rightful owner

Department proposes an amendment to allow lawful use of firearm on any premise where it is safe and not prohibited by any other law to do so outside a built up area

15(4)(c)

MJ Hood

In particular firearms licensed under this section should also be allowed to be used for hunting. This applies to both shotguns and handguns which are both commonly used for various types of hunting

Department proposes that a firearm, once licensed, can be used for any lawful purpose

16

Brig Gen. Gerber

Even in self-defence situations different firearms can be used in different circumstances. Thus the restriction is not supported

Department agrees with this comment in general terms. See the above

Katharine McKenzie

This section should be deleted, as it is open for abuse. For administrative ease and with regard to civilian access all firearms should be defined as either prohibited firearms or firearms required to be licensed.

No comment

16(1)(a)

CTSASA

Reference to semi-automatic shotgun should be removed as this is not a military style weapon

See comment of clause 15(1)(a) above

MRC

Oppose licensing of semi-automatic firearms

Policy Issue

NFF

Likewise .22 rimfire rifles should be allowed and separated from centrefire semi-auto rifles as these cannot be deemed to be in any way especially threatening or dangerous firearms and again have numerous valid applications

Policy Issue

16(3)

NFF

This precludes a juristic person. Many farms and businesses where such restricted firearms are necessary are in the various forms of companies. Allowance should be made for such companies to licence restricted firearms

These juristic persons will be accommodated in terms of clause 23

GFSA

This section is supported stating that the Registrar is the only person having the power to issue a license to possess a restricted firearm for self-defence.

No comment

16(4)

NFF

We do not support arbitrary numerical limits. Decision should be based solely on motivation provided by applicant. Such numerical limits may be acceptable as guidelines but should allow discretion of Registrar to exceed these limits in certain properly motivated cases. If this limit is upheld it should allow both a rifle and a shotgun. These different types of firearms have different specific applications for defensive use, this is particularly the case in rural/farming areas where handguns are less effective for defensive use and both shotguns and rifles have valid but differing applications

Policy Issue

16(5)

Agri SA

Make provision for firearms to be used on agricultural land

See comment of clause 15(4)(b)

RAPCAN

The number of firearms that a person may own will be limited

No comment

16(5)(b)

NFF

Provision should also be made for such firearms to be used for lawful sporting and hunting purposes. Some sporting competitions such as practical rifle would form the ideal basis for practice yet this would be precluded by this clause

See comment of clause 15(4)(c)

17(1)(a)

CTSASA

Reference to semi-automatic shotgun should be removed as this is not a military style weapon

See comment of clause 15(1)(a)

Truvelo Manufacturers

Likewise .22 rimfire rifles should be allowed and separated from centrefire semi-auto rifles as these cannot be deemed to be in any way especially threatening or dangerous firearms and again have numerous valid applications

See comment of clause 15(1)(a)

17(1)(c)

NFF

As stated previously we do not support treating frames as licensed firearms. This would cause considerable practical problems, as frames have not previously been restricted in existing legislation. In particular many sports shooters switch frames from smaller single column frames for defence purposes to double column frames with increased magazine capacity for competitive purposes. There are many thousands of such frames in circulation which would now effectively be prohibited and for which compensation would have to be paid

Policy issue

17(3)

MRC

Support the limitation of 4 guns per person

No comment

17(3)(b)

SAARA

Remove the restriction on the number of firearms a person may possess.

Policy issue

Human Rights Committee

Support the limitation of firearms

No comment

17(3)(d)

NFF

As stated previously we do not support treating frames as licensed firearms. This would cause considerable practical problems, as frames have not previously been restricted in existing legislation. In particular many sports shooters switch frames from smaller single column frames for defence purposes to double column frames with increased magazine capacity for competitive purposes. There are many thousands of such frames in circulation which would now effectively be prohibited and for which compensation would have to be paid

Department proposes an amendment to license only the barrel, but this is a policy issue

18

CHASA

Restriction in clause 18 that may not use a semi-automatic rifle for hunting does it apply to persons who are registered as dedicated sports persons. This also contradicts with clause 19, which allows dedicated sports person to hunt with a semi-automatic rifle. Also if one allows pump action allow semi-automatic

Department agrees with this comment, but whether there is a real need for semi-automatic rifles to be licensed for hunting must be debated by the portfolio committee

ISS

No provision is made to deal with a person who becomes an un-dedicated hunter

See clause 29 and 31(2)

MJ Hood

People don’t want to be forced into being members of associations

Policy issue for debate by Portfolio Committee

FGASA

Many of the members to the Association will be required to licence a firearm under clause 17 or 19 even though they never hunt. It is proposed that another section be added that would provided for a licence to possess a firearm for tourist guiding in areas where dangerous game occurs. Prescribed limitations could be imposed on this type of licences in terms of the calibres that may be possessed.

Provision is made in terms of clause 23

SAWA

Increase capacity of ammunition to 4 cartridges?

Policy issue but the Department does not support this request

SCFA

Create a separate category for bona-fide instructors

See above comment

18(1)(a)

SAWA

Remove the restriction on automatic shotgun

Policy issue

SCFA

Remove the restriction of semi-automatic handgun

Department has proposed an amendment removing the restrictions on semi-auto handguns for hunters

NFF

This should be deleted, many semi automatic handguns are in use as hunting firearms

Department proposes an amendment that accommodates this request

18(1)(b)

NFF

There should also be allowance for those semi-automatic centrefire rifles designed for hunting use. Although not very common in South Africa there are a number of such rifles in circulation here and they are very popular in other countries and often used by visiting hunters. Such rifles typically have 3 or 4 shot magazines and should not be confused with military style semi-automatic rifles

Policy issue

18(1)(c)

NFF

Should a restriction on magazine capacity (from 3 shots to 2) be considered necessary the existing shotguns could be easily modified to comply with such a requirement provided this clause is changed to read "capable of" and not "manufactured to".

Department proposes an amendment to change the limit from three to five shots

18(1)(d)

NFF

Again frames should not be treated as licensed firearms but rather treated as restricted items which may only be possessed by persons who have a licensed firearm on which such a frame may be used

See comment of 1(xii) above

18(2)

Mr Neil Jones

Change requirement of sworn affidavit by the chairperson of an organisation to proof of membership of organisation

Department proposes an amendment to refer only to current membership

NFF

It is unreasonable to expect the chairperson personally to issue each declaration. Likewise an affidavit (a statement under oath notarised by a commissioner of oaths) is an unreasonable requirement. Some hunting associations have tens of thousands of members. If these requirements were enforced it would be impossible for the chairperson to comply

See above comment

18(4)

K Duffy

Use of firearms should not be limited for specific uses

See comment of clause 15(4)(c)

18(4)(c)

NFF

Again it is unreasonable and impractical to attempt to define every conceivable lawful use and place of use. If the firearm is licensed it should be allowed to be used in any lawful manner in any lawful place

See comment of clause 15(4)(c)

18(5)

Mr Neil Jones Mr Neil Jones

Requirement to keep registers and submit annual reports may be very onerous depending on the content

No comment

18(5)(b)

NFF

These requirements will be prescribed in the regulations, which have not yet been written. Without sight of these regulations it is impossible to make meaningful comment. However caution should be taken to ensure that the regulations do not impose overly onerous requirements on these bodies

No comment

19(2)

IZ Pansegrouw

An affidavit by the chairperson of an accredited association confirming that an applicant is a registered member of that association is not practical and does not indicate who are responsible if the relevant information is not sent to the CFR in time

See comment of clause 18(2)

19(4)

Mark Kalell

This clause does not allow sport shooters to use their firearms for self-defence. Thus they have to purchase an additional firearm

See comment of clause 15(4)(c)

WACA

Only a licence holder to be allowed to use a firearm

Policy issue

20

SAAACA

Make various categories of collectors for example cat A self loading rifles

Policy issue

20(1)

SAAACA

Every firearm is conceivably a collectable

No comment

20(3)(a)

NFF

Suggest this be amended to store. As it now stands this could be interpreted to mean that the firearm may not be moved from the stipulated premises for any reason including repair or evaluation by a gunsmith or transported to a shooting range to be fired by the owner

Department proposes the amendment as suggested

20(4)

NFF

Again we have the situation of the drafters attempting but failing to describe every lawful use. Specifically in this instance allowance must be made to allow collectible firearms to be used for lawful hunting. Many collectible firearms were originally made for hunting purposes, it is unreasonable to prevent a collector from also using the firearm for its original purpose as this usage is an inherent part of the enjoyment and appreciation of collectible firearms

See comment of clause 15(4)(c) above

21(2)(c)

RSACCA

Despite section 4, a permit in respect of prohibited cartridges or projectiles, to be discharges from a cannon or gun, may be issued to a person contemplated in paragraph (a) but such cartridges or projectiles may not contain propellant or high explosive and the primers must have been removed or de-activated."

Department agrees with this comment and proposes an amendment in line with this

21(3)(b)

RSACCA

The holder of a permit issued in terms of this section may acquire ammunition, as contemplated in paragraphs (1) and 2(c), for the sole purpose of collecting.

No comment

21(4)(a)

NFF

Again "keep" should be changed to "store".

See comment of clause 20(3)(a)

23

Homestead

In what situations would people be granted temporary authorisation? Checks should be put in place to ensure that people who are disqualified to possess firearms by other sections of the Bill are not allowed to use firearms as a result of this section

No comment

Greg Andrews

Provisions should be made that security personnel should not be able to take their firearms home when off duty

Policy issue

23(1)(b)

NFF

It is problematic to obtain the prior written permission of the Registrar for every single case. Such licences should be issued on the conditions imposed by the Registrar but thereafter the licence holder should be free to operate lawfully within whatever conditions are imposed. Specific written permission should only be required in specific cases outside of the normal conditions

Policy issue

23(2)

FGASA

Employers of field guides should be indicated separately under this section

See comment of clause 18 above on FGASA suggestion

SOB

A separate category should be created to accommodate security officers

See comment of clause 18 above

23(4)

NFF

This is another example of the futility of attempting to describe every single lawful use

See comment of clause 15(4)(c)

23(7)(a) & (b)

SOB

Give inspectors same authority as police official

Policy issue

23(8)

NFF

"Terminates" must be properly defined in this instance. In this context would this also include when the duration of a licence expires

No comment

24

Safari Club International

This provision does not allow for the lending of a firearm at short notice

No comment

24(1)

ISS

Insert the words "on application" after the word "may"

No comment

25

Mr Pretorius

This Bill does not allow us to teach our children how to shoot

Section 25 does allow any person of the age of 21 to allow another person to use a firearm in his or her immediate vicinity

CTSASA

The age limit for a licensed firearm owner to teach another person is problematic as it means that a person who has gone through rigorous application procedures is still not considered responsible enough to teach another person, this defeat the purpose of the licensing system.

Policy issue: Professional trainers in use of firearms may be allowed at lower age.

FGASA

Field guiding be included as sub division of this section

See comment of clause 18 above

De Beers Consolidated Mines Limited

Define "immediate"

The Department will discuss this with the State Law Advisor

NFF

If this provision is retained it would prevent parent from teaching his/her children firearm safety. Proper gun handling and safety is best instilled at a young age. It would also outlaw a parent taking his/her child hunting. This is a deep and very important part of the culture of many South Africans. It is totally unacceptable that it be illegal to share this rich heritage and culture with ones own children

This comment is based on an incorrect reading of this clause. There is no age limit except that of the licence holder

26

IZ Pansegrouw

The penalty for this offence i.e. The removal of a serial number of 10 years is too severe

The Department is of the opinion that the unlawful removal of a serial number is a prelude to the firearm entering into the illegal market

26(5)

NFF

This should be clarified to clearly reflect the matter of intent

The Department believes that a strict interpretation will be applied to this clause and that the removal of the serial number refer to its permanent removal

27

Propose that rather than re-licence that an audit process be carried out

The same applies to 2^nd and further competency tests

SCFA

Licences should be for life and there should be no need to constantly prove that a need exists

Policy issue for debate by Portfolio Committee

CTSASA

Current licenses were issued according to a set of rules and were issue legally. To deprive a person arbitrarily of their property now is unconstitutional and open to court action

This is a legal question and the Department holds the opposing view

CTSASA

The CFR could not cope with re-licensing without drastic upgrading

No comment

Brig Gen. Gerber

The duration of a self defence licence should be 10 years

Policy issue

ISS

Insert a provision in terms of which the Registrar has to notify license holder that his/her license is about to expire.

Department intends to offer such notification

27(2)

RAPCAN

It is suggested that this section be amended in order that an application should be accompanied by a competency certificate issued in terms of Section 11 and by the information prescribed. We do not believe that current licence holders are responsible and well trained. If they are responsible they will surely welcome competency testing.

Policy issue

27(4)

NFF

We are totally opposed to the concept of reapplication for existing firearm licences. We could however support a periodic re-registration of all firearms in order to maintain an accurate database

Policy issue

28

ISS

Include holders of temporarily authorisations in this section

Department proposes such an amendment

28(2)

NFF

This is very important as the licence holder could be faced with a two-year prison sentence for failure to comply.

Administrative issue that may cause problem for the Registrar

29

IZ Pansegrouw

The Bill stipulates that if one’s status as a sportsman changes, then one must dispose of firearms obtained as a result of that status. Clause is very restrictive and propose that exceptions be made where one has legitimate reasons for temporarily not participating as a dedicated sport-shooter, such as work pressures, ill health, frequent travelling and moving to another town far away from a shooting club.

The Registrar has a discretion and must obviously consider the reasons that have led to the change in status – Policy issue

NFF

The Department proposes an amendment to accommodate this request

NFF

The meaning of "circumstances" must also be properly defined in this instance, failing which this could be an entirely subjective issue

No comment

30

MRC

Period of validity for licences should be limited to three years

Policy issue for debate by Portfolio Committee

WACA

Period for renewal should be annual

Policy issue

RAPCAN

Licenses will be required to be renewed form time to time

No comment

Truvelo Manufacturers

The drafters have publicly stated that the goal of this concept is to maintain accurate records. We would suggest that this could be best achieved by periodic re-registration of all firearms. Such a system would clearly fulfil the need for accurate record keeping and also vastly reduce the administrative burden and workload

Policy issue

31

CGE

This is included in the Bill under sections 28 and 29

Frik Jordaan

A person may inadvertently contravene a regulation which could cost them to loose their licence

No comment

ISS

Provision should be made which prescribes in detail the process to be taken before terminating a license, similar to that contained in clause 105

To be discussed with State Law Advisor

31(3)(a)

NFF

In particular we would suggest that the postal service is a totally unsuitable method of delivering any such notice

No comment

31(4)(a)

NFF

In addition the most recent rulings of the Constitutional Court make it clear that any such attachment or forced sale of property must be effected by a specific court ruling

Policy issue

32

CGE

This clause must specify that the failure to report the loss or theft of a firearm within a reasonable time is an offence and could lead to the loss of the license

Clause 123(1) makes the failure to comply with any provision of this act an offence

Frik Jordaan

Time period allowed for reporting a defaced licence should be longer

Policy issue

ISS

This clause may place an impossible burden on the license holder and should read " after having reasonably become aware off"

This is accommodated by the expression "discovery of the loss or theft"

33

ISS

The expression " as soon as practicable" is vague

No comment

34(2)

Truvelo Manufacturers

The sale of a firearm through a dealer is problematic, as it will cost money. Many sports shooters change firearms on a regular basis

Policy issue although Department has proposed an amendment

MRC

Support the sale of all firearms through dealers and should be brought into effect immediately

No comment

34(3)

NFF

This is clearly the purpose of the existing SAP300 licence cancellation form. There should be no further need that this official form to inform the SAPS of the disposal of a firearm

See comment of clause 34(2) above. If this amendment is accepted 34(2) becomes necessary

35(1)

NFF

This section requires greater clarity. As it stands it would appear to imply that only a person may be issued with a dealer’s licence. Many dealers are in fact corporate entities and companies. This section needs to clearly specify how such a legal entity can be deemed to be fit and proper

No comment

36

ISS

What happens if the Minster does not prescribe the conditions?

No comment

39

ISS

This section implies that the Registrar must impose conditions and it is proposed to add the word if any after the word conditions

The clause states that it is any information contained in the application

41

ISS

This clause is vague – 30 days after the occurrence of which event must the dealer notify the Registrar?

No comment

42

SAAADA

On-line reporting will create a problem – when the system is down the dealer will not be in a position to finalise a sale due to the system not being operational

No comment

Superior Arms & Ammunition

Do not support requirement that dealer must keep his dealers’ licence on premises

No comment

ISS

Define work station

No comment

43

SCFA

Establishment of central dealer’s database – will overwhelm the Central Firearms Register

No comment

44

Superior Arms & Ammunition

Dealers’ licence should only be suspended on the basis of a Court Order

Department has proposed amendment that the further suspension of a dealer’s licence can only take place on the strength of an court order

44

ISS

Suspension of dealer’s licence – must get a court order after initial period. Give a dealer right to appeal such decision

See above comment

MJ Hood

It is totally unacceptable and indeed probably unconstitutional to suspend trading indefinitely at the whim of the Registrar on the basis of an unsubstantiated statement and without the dealer being given recourse to the courts or an opportunity to defend himself whilst the registrar has no onus to prove or substantiate his allegations

See above comment

45

Frik Jordaan

60 day limit within which to dispose of dealers’ stock is insufficient

Provision is made for an extended period determined by the registrar

45

SAAADA

Termination of dealers licence – the 14 day period should be longer i.e. 30 days

Department proposes an amendment to accommodate this request

45(2)(b)

NFF

Any such allegations must be proven in court before such action may be taken. This is clearly in contravention of the constitution

No comment

46(2)

NFF

To obtain clarity the separate requirements of both Acts must be clearly defined and any overlapping and contradictory requirements removed

No comment

48(1)

NFF

This will become even more complicated should the proposed definitions of licensed parts be accepted. In such a case the gunsmith will be taking 3 or more parts that each require a separate licence and assembling them into one firearm that only requires one licence but now has at least three

No comment

48(2)

NFF

There should also be clarification on what may be supplied to a licensed manufacturer. Such manufacturers may purchase ammunition, parts of ammunition or parts of firearms required for their manufacturing activities. Provision must be made for these activities

There may be merit in this suggestion – to be debated by the Portfolio Committee

49(1)

NFF

Again this would exclude corporate entities from obtaining such a licence, in effect this would force the closure of all State owned factories

This is an incorrect reading of this clause

49(2)(a)

NFF

This provision would only serve to discriminate against those very small specialised manufacturers and should be removed

No comment

50(b)

NFF

This is clearly beyond the competence and ambit of the SAPS who cannot be considered experts in the field of factory design and specifications. The only authority the SAPS should have in this regard is in the field of safekeeping and security arrangements

No changes was made – we can not specify condition

56(2)

GFSA

This section is supported as identifying marks on a firearm are critical for the effectiveness of regular license renewal, allowing a firearm to be linked to this rightful owner

No comment

58

Truvelo Manufacturers

Concerns where the Registrar may suspend a licence of up to 7 days without affording the manufacturer a hearing and during which the manufacturer is not allowed to trade

See comment of clause 44 above which applies here

60(2)

NFF

Careful consideration should be given as to which should be the proper regulatory authority in this instance. Particularly in the case of factories it would be wise to leave such control under the Explosives Act

No comment

62

Frik Jordaan

Many sports shooters replace certain parts of their firearms often during competitions. In terms of the current provision they will be guilty of an offence and could be imprisoned for 15 years

Department has proposed a redraft to alleviate this problem

SAAACA

Many collectors collect and restore firearms this restoration would be illegal

See above comment

NFF

Additionally there must be clarity on what a gunsmith may buy and sell. Will they have the same powers to buy and sell firearms, ammunition and licensed components as dealers

No comment

62(a)

NFF

A very strict interpretation of "improvement" might even prohibit the cleaning of a firearm as cleaning certainly improves the performance of a firearm.

See above comments

71

NFF

Caution must be exercised here to carefully separate the gunsmiths database from the ownership database. Failing which the licensed possession of the firearm will be transferred within the system from the licence holder to the gunsmith. On completion of the repair the original licence holder would then have to obtain a new licence to receive his repaired firearm back from the gunsmith

The Department notes this comment and will refer it to SITA

76

CDA

Ban all export of firearms

Policy issue

SAAADA

Require NCACC approval for all exports. This causes delays. We want same process as is currently in place. We would like and annual permit.

This process is best handled administratively

76(2)

NFF

Any such implications and overlaps with other Law require careful consideration and clarification

No comment

77

CDA

As an interim measure there must be NCACC oversight

Policy issue

Safari Club International

How does one determine that a foreign hunter is fit and proper?

The Department will set out guidelines in the Regulations

77

Superior Arms & Ammunition

The requirement for an import permit that a person be fit and proper applies to dealers as well?

The dealer must be a fit and proper person to obtain a dealer’s licence

77(2)

NFF

Ammunition does not typically carry identifying marks, suggest ammunition be deleted here

Ammunition does carry a head stamp

80

Superior Arms & Ammunition

It should state clearly that the provisions of this section applies to private individuals only

Department proposes an amendment to accommodate this

82

NFF

All commercial imports of firearms and ammunition must by law be undertaken by a dealer or manufacturer. It would seem an unnecessary duplication to also have a duplicate but separate database for exporters and importers. This requirement should simply form part of the dealers’ and manufacturers’ databases

In practice there will only be one database

86

RAPCAN

At the licensing stage, the storage facilities should be inspected to ensure that the firearms are not inadvertently accessible to children

This will be done

87

GCA

Should only allow a person to carry a firearm in a holster and exclude rucksack or similar holder

For discussion by the Portfolio Committee

Greg Andrews

Require a person who wants to carry a firearm in public to motivate such need

Policy issue

IZ Pansegrouw

This may be problematic section as women not always carry a firearm on their person

No comment

89

NFF

This must be clarified to exclude the employees of a licensed dealer or manufacturer transporting firearms on behalf of the employer

See the words " for reward" in the Bill

94

NFF

As all transactions will be recorded on a central database it should be a simple matter for the registrar to automatically detect and investigate any abnormal purchasing patterns. This would be a more workable and acceptable alternative to criminalising a person for purchasing and extra box of ammunition during the year.

Department recommends that a licence holder be limited to 200 rounds at any given time with no annual limitation

CGE

The quantity of personal ammunition should be reduced to 5 cartridges at any given time and annual allocation to be 30 cartridges

Policy issue for debate by Portfolio Committee but the Department feels that this option may be impractical

Quaker Peace Centre

Record of ammunition used to be kept. Limit of 2400 per year is excessive and propose 600 per year

Department recommend that a licence holder be limited to 200 round at any given time with no annual limit

AVP

Limit of a 100 cartridges at any time and 1200 per year

Department recommends tha a licence holder be limited to 200 rounds at any given time with no annual limit

Mr Roux Wildenboer

Ordinary ammunition should not be limited. However, armour piercing ammunition should be limited / banned

Policy issue

C Gadd

Ordinary ammunition should not be limited

Policy issue

K Duffy

Ammunition quantities are unacceptable

Policy issue

Mr Pretorius

Criminals need very little ammunition, therefore, this clause serves no purpose

The Department does not agree and is in favour of some limitation on ammunition

SAWA

Remove the restriction on shotgun ammunition

Policy issue

Policing Programme

Implement a dedicated tax on firearm and ammunition sales

Policy issue

Greg Andrews

Reduce the number of ammunition available to licence holders who holds licences for self defence

Policy issue

94(1) &(2)

Superior Arms & Ammunition

It appears that the limit of 200 rounds also applies to dealers

This is an incorrect reading of the clause as specific reference is made to a person who has a licence to possess a firearm

94(3)

Agri SA

The exception made in this section should be applicable to farmers

Policy issue

NFF

This exclusion should also apply to registered collectors

Policy issue

94(3)(b)

NFF

It will be impossible to monitor if ammunition bought on a shooting range is actually discharged on that shooting range. This weakness alone makes the entire system of ammunition control unworkable

No comment

95(2)

NFF

Same comments as per notices on firearms. Such notices must be approved by Parliament not merely tabled

Policy issue

96

CTSASA

This section should remain under the Explosives Act

Frik Jordaan

Reloading of equipment covers a wide filed; much of it has other uses. We propose that the Bill stipulate specific reloading equipment.

Department proposes deleting the prohibition on the possession of loading equipment

Safari Club International

The suggested 2,5 kg of propellant is insufficient. The limit on primers is insufficient

The Department proposes an amendment that means propellant will be regulated in terms of the Explosives Act

Mr Roux Wildenboer

A licence owner is not allowed to purchase sufficient quantities of propellant and powder

Policy issue

96(2)(a)

NFF

Again we are totally opposed to such arbritary limits. In this instance these limits are totally inadequate even for occasional shooters.

Policy issue but see comment above regarding propellant

96(4)

NFF

There must also be an exemption made for collectors to possess reloading equipment. The collection of historical reloading tools is a recognised and valid branch of collecting. Such collectors will almost certainly not have licences for every possible calibre of tool in their collections

See comment of clause 96 above

97(2)

Frik Jordaan

Remove magazines as firearm part

Department proposes an amendment to remove a magazine from the description of a firearm part

SAAACA

Many members collect firearm parts as part of their collection

No comment

98, 99, 100, 101,102 103,104

CTSASA

Considering that the state loses more firearms than civilians concern is expressed at the logic to exempt these institutions from this legislation

Policy issue

98

ICD

ICD ought to be identified, recognised and defined as a substantive, and not accredited, Official Institution

Policy issue

99

SAHRC

In part this is correct, in relation to the declaration of unfitness, and will be addressed in the Department’s submission of amendments

99(6)

ICD

ICD will not beforehand need the Registrar’s written determination in terms of this clause. The Executive Director to have the authority to issue authority to ICD investigators

Policy issue

100

ICD

ICD not to be subjected to such condition in respect of the acquisition, use, safekeeping and disposal of firearms as my be prescribed and to such conditions as may be imposed by the Registrar. In fact subjecting the ICD to the provision of this clause may detrimentally affect the statutorily accepted independence of the ICD from SAPS

Policy issue

101

MRC

Use of firearms by SAPS should be limited while they are on duty

Policy issue

NICRO

Define what is fit and proper as referred in this section

No comment

K Duffy

Such authorisation should require that the authorised employee be in possession of approved storage facilitates and fulfil all other requirements of the act in terms of prevention of loss of the firearm

No comment although the Department supports this view

RAPCAN

Police personnel with substance abuse convictions and / or DVA protection orders against them must be prohibited from carrying firearms

In terms of the provisions of this Bill they will be prohibited from carrying firarms

101(6)(a)

K Duffy

Such authorisation should require that the authorised employee be in possession of approved storage facilitates and fulfil all other requirements of the act in terms of prevention of loss of the firearm

See comment of clause 101

101(8)

SAHRC

There is an unlimited discretion on the part of the Head of an Official Institution to determine weather an employee is a fit and proper person

No comment

105

Greg Andrews

Department will draft a provision to include the withholding of information

MJ Hood

A person can only be declared unfit through a court of law

No comment

NFF

We support the notion that the Registrar must have the power and ability to remove firearms from unfit persons. However this must be a temporary measure and must be confirmed within a reasonable time by a court, at which time the registrar must be required to prove his case and the accused be given the opportunity to defend himself

No comment

105(1)

Human Rights Committee

The Registrar Must declare a person unfit to possess a firearm if -…. Rather than May declare a person unfit

Discretion is important to avoid unjust results

RAPCAN

The criteria for unfitness should parallel those of competency, and the Registrar must be obliged to declare an applicant unfit

Policy issue

105(1)(a)

Greg Andrews

Very often Interdicts are not converted to protection orders. This must be included

This issue is dealt with in the Domestic Violence Act and should not be duplicated

CAPFSA

While an interim order is in effect , the licence to possess a firearm should be suspended

Policy issue

105(1)(b)

GCA

What is the definition of an inclination to violence?

Fact of each matter will determine if there is an inclination to violence

NICRO

Process for determining this section should be spelled out.

MRC

On receiving information of a threat of violence police should be empowered to confiscate the firearm

Such authority does exist

GFSA

Any person who has threatened either him/herself or any other person "by any means" is declared unfit to possess a firearm

This may be too wide and may include innocuous threats

105(1)(c)

Remove the reference to "by firearm" thus widening the scope of the provision

To include any threat of injury would be too wide

105(4)

Human Rights Committee

Change expression 30 days to as soon as possible or forthwith

A person must be given a reasonable period in which to react

RAPCAN

The surrender period following a declaration of unfitness must be reduced to 24 hours

See above comment

105(5)(c)

NFF

In general we agree with these reasons being sufficient to obtain a declaration of unfitness but believe that the discretion of the courts and the right to mount a defence cannot and should not be limited

Department has proposed an amendment which will give the Court a discretion

106

CHASA

Court is not given any discretion. It is not right as the Commissioner in clause 105 has a discretion

See above comment

ISS

Objecting to any compulsory unfitness in event of a conviction of certain offences

See above comment

Schedule 2 relating to clause 106 must be amended to include murder and assault

It is already included under any offence involving violence or dishonesty. (sec 15(e))

Homestead

This section should be deleted as this would allow people who are unfit to continue to possess a firearm by going to court

No comment

106(1)

ISS

It is proposed that subclause(1) be reworded and that the words" relating to" be used in the amended subclause

Department is of the opinion that the current description is wide enough

106(1)(b)

ISS

In this clause reference is made to "any crime or offence " and "any other offence or crime" The word "offence" included "crime" and vice versa

This will be discussed with the Sate Law Advisors

K Duffy

This sections is too broad and it especially implies presumption of guilt with the supposed knowledge of intent to use a firearm in the commissioning of a crime

No comment

106(1)(c)

NFF

The requirement to store firearms and ammunition also requires definition.

No comment other than to state that ammunition is extremely stable

106(1)(g)

RAPCAN

This section should be redrafted to read: "murder, assault, robbery, rape, indecent assault and violence in a domestic setting as defined in the Domestic Violence Act whether or not a firearm was used in the commission of the offence"

Policy question as the specific crimes mentioned all have an element of violence

Greg Andrews

A person should be unfit regardless of a sentence received

Policy issue

106(2)

AVP

If a firearm is used in a kidnapping is the declaration as unfit automatic

Department proposes that the court be given a discretion

106(3)

ISS

Sub-clause 3 has no purpose – In terms of sub-clause (3), a court that has convicted a person of an offence referred to in Schedule 2, must enquire whether that person is unfit to possess a firearm. In Schedule 2 all the offences already listed in clause 106(1) are listed (See item 15(a) of Schedule 2) These subclause are therefore in conflict with each other.

This is not correct as in Schedule 2 a firearm may not necessarily be involved while those offences under 106(3) all involve a firearm

107

NICRO

Recommend that there be a duty placed on the Registrar to inform the license dealer that the firearm to be disposed of is presently owned by a person declared unfit to own the firearms and that it should not be released to the unfit owner under any circumstances before being sold.

The dealer will not be able to release the firearm as the unfit person will not have a licence

107(3)(a)(i)

NFF

There must be an onus on the authorities to acknowledge receipt of the appeal immediately. It is not uncommon for appeals and documentation under current legislation to be misplaced by the authorities. This could result in a situation whereby a person has lodged an appeal is unable to prove this if the authorities misplace his documentation. That person would then be assumed to have committed another offence with no way of knowing unless the authorities are compelled to acknowledge receipt

This matter must be dealt with administratively and is noted

107(4)(b)

NFF

There should be an onus on the Registrar to inform any additional licence holder of the need for this at the same time as the declaration of unfitness is issued. The additional licence holder may not even be aware of the declaration of unfitness and cannot be assumed to have this knowledge, he/she must be officially informed of this by the Registrar

No comment

107(6)

AVP

Recommended 5 years be changed to 7 years

Policy issue

NICRO

Onus on person to prove that they are fit and competent to possess a firearms

Policy issue

RAPCAN

Such declaration of unfitness must be permanent

Policy issue

GFSA

A person who has been declared unfit to possess a firearm must be permanently banned from owning one again

Policy issue

108

ISS

Change the wording to only refer to the " Registrar or clerk of the court" this would include all courts

This will be discussed with State Law Advisors

109(b)

NFF

While the firearm licence should be in a legible state to serve it’s purpose allowance should be made for accidental damage to the licence. We would suggest by stipulating a period within which application must be made for a duplicate licence after accidental damage. As it will be a requirement to carry one’s licence on one’s person this exposes the licence to a greater likelihood of accidental damage, whether by exposure to the elements or by domestic mishaps such as the licence being left in clothing which is then washed.

Accidental damage would not render the licence holder liable to prosecution as the offence here is one requiring mens rea

110

NFF

A person forgetting to carry their licence with their lawfully owned firearm should not be subject to a ten-year prison sentence. The comparison can be made to the requirement for drivers to carry their driving licence, failure to do so resulting in a fine but not a serious criminal offence. The same should be the case here.

Policy issue

111

MJ Hood

This usurps the guaranteed right to remain silent

Department believes this is necessary and justifiable

112

ICD

Inspections by police officers on premises – notice should be given to owner of premises of the official institution. The ICD need to inspect police stations to ensure that all relevant instructions are followed and to inform these institutions would defeat the purpose of the inspection.

Policy issue

112(2)

ICD

The Registrar will have to give reasonable notice to the ICD before any indented inspection (sect 112(1)) conducted on the premises of the ICD

Policy issue

ISS

Don’t agree with this provision of giving notice

Policy issue

113

SAWA

The provisions relating to search and seizure constitute an inversion of privacy.

No comment

Truvelo Manufacturers

No search and seizures are to take place without a search and seizure warrant

No comment

113(3)

Greg Andrews

A person who fails to provide a licence while carrying a firearm must be subject to a spot fine

In terms of this Bill this is feasible

ISS

The provisions relating to search and seizure should be drafted in line with recent court decisions and not rely on the outdated provisions of the Criminal Procedure Act

This will be discussed with the State Law Advisors

113, 114

CTSASA

The bill grants sweeping powers of search and seizure to the police and other officials who are not qualified police officers. In essence this mean that the Registrar can appoint a totally unqualified person to invade our homes without a warrant.

Policy issue

115(b)

NFF

The taking of genetic or tissue samples should be referred to the Constitutional Court as this requirement would appear to be in conflict with Constitutional Rights

Policy issue but the Department believes the provisions necessary and justified

116

AVP

There exists a potential for the abuse of treatment of suspects

No comment

ISS

Proposed that these provisions be contained in the Criminal Procedure Act

Policy issue

117(1)

NFF

When these powers are exercised there should also be certain duties and responsibilities placed on the police service. Such as a requirement to issue a formal receipt and accept full responsibility for the safe keeping of the firearm. There should also be a duty to protect the firearm from damage and, in as much as possible, to expedite the required tests

This matter must be dealt with administratively and has been noted

120

SAAACA

Presumptions could have unintended consequences such as innocent have to explain how a firearm got onto the property and unconstitutional

The only obligation would be to explain why he/she is not in possession of the firearm

MJ Hood

Presumptions are unconstitutional

No comment

GFSA

Presumptions are after the latest amendments constitutional

No comment

NFF

This entire chapter is an expansion of the existing Section 40 (1) of the existing Arms and Ammunition Act. This section is in clear contravention of sections 25(3) (c) and (d) of the Constitution. These Rights refer to the Right to be presumed innocent, the Right to a fair trial and the Right not to be a compellable witness.

No comment

K Duffy

"Failure to take reasonable steps" needs to be defined

The "reasonable steps" may differ from case to case and therefore cannot be defined

120(2)(a)(I)

Homestead

The age should be lowered to 14 years as younger children are exposed to firearms and involved in criminal activities in our communities. The age limit needs to be lowered to reflect the real situation and to protect the community from illegal firearms.

Policy issue

121

MJ Hood

Concern in this section on the presumption of guilt

No comment

122

MJ Hood

This introduces a concept alien to South African Law i.e. that a person has a positive obligation to do something in respect of insuring that a third party complies with the law.

This concept is not alien as it is already used in SA, e.g. Tax law

123(2)

MJ Hood

This section should be reconsidered. As it now stands any citizen who discovers a firearm and phones the SAPS is guilty of a serious offence if he/she remains in the vicinity of the firearm

Department will discuss this clause with the State Law Advisors

123(3)

NFF

Again we have an unconstitutional reverse onus, one that is almost impossible to disprove. How can any person prove that they were not aware? The onus should be on the prosecution to prove that there was knowledge

There is no revere onus in the latest draft. This comment appears to have been made on a previous draft of the Bill

123(5)

NFF

We support the inclusion of this Section. It already is and clearly should be an offence to handle a firearm whilst under the influence. However there must be a clear legal definition of "under the influence" such as exists in the road traffic ordinances.

It is not necessary to list "being under the influence" to a specific value. A person’s actions are usually enough to determine their state

123(7)

NFF

This section in effect makes it an offence to use a firearm for protection, including to threaten a criminal in commission of a crime or to fire a warning shot to prevent or halt a crime being committed. We would suggest that these actions only be offences without "due cause".

The Department has proposed an amendment

123(8)

K Duffy

This section does not take into account the need to discharge a firearm in self defence and should be reworded

See above comment

123(9)

CTSASA

As it stands and in conjunction with section 87, a person may not take his/her firearm overseas or fly internally within SA. Section 86 say that firearms and ammunition must be stored and transported in the prescribed way. Clarification is required

This an incorrect interpretation of this clause

WACA

Support requirements for safe to keep firearms

No comment

K Duffy

This section fails to take into account dual or multiple access to a safe or other suitable storage facilities for firearms

This is not correct

123(12)

ISS

The test applied in this clause differs from that used in clauses 32, 47, 61 and 75

That is so but this clause relates to the loss and theft of a firearm and not merely the licensing

124

SAWA

Sentences too severe where a person has allowed a licence to become defaced or has left his license behind.

Policy issue

RAPCAN

Child offenders should be required to undergo state-funded counselling and to be deemed unfit to own a gun for 10 years or until they are 25, whichever is longer

No comment