28-9-00

FIREARMS CONTROL BILL

[B34—2000]

1. On page 8, from line 6, to omit the definition of "airgun" and to substitute:

"airgun" means any device manufactured to discharge a bullet or any other projectile of a caliber of less than 5.6mm (.22 caliber) by means of compressed gas and not by means of burning propellant;

2. On page 8, in line 10, to omit ", propellant".

3. On page 8, from line 11, to omit the definition of "antique firearm" and to substitute:

"antique firearm" means any muzzle loading firearm manufactured before 1 January 1900, or any replica of such a firearm;

4. On page 8, in line 30, to omit "or compressed gas,".

5. On page 8, in line 32, to omit "fire rim-fire or centre-fire" and to substitute:

discharge rim-fire, centre-fire or pin-fire

6. On page 8, in line 37, to omit paragraph (d) and to substitute:

(d) device manufactured to discharge a bullet or any other projectile of .22 or higher calibre at a muzzle energy of more than 8 joules (6 ft-lbs), by means of compressed gas and not by means of burning propellant; or

7. On page 8, in line 48, after "such" to insert:

and cannot by superficial examination be identified as an imitation

8. On page 8, after line 48, to insert the following definition:

"juristic person" includes a partnership and any other association of persons;

9. On page 9, in line 15, after "firearms" to insert "or ammunition".

10. On page 9, in line 17, after "firearms" to insert "or ammunition".

11. On page 9, from line 29, to omit the definition of "specially dangerous airgun".

CLAUSE 2

1. On page 9, in line 44, after "possession," to insert "safe storage,".

1. On page 10, from line 6, to omit paragraph (b) and to substitute:

(b) any gun, cannon, recoilless gun, mortar, light mortar or launcher manufactured to fire a rocket, grenade, self-propelled grenade, bomb or explosive device;

2. On page 10, in line 14, to omit the words after "launcher," up to and including "missile" in line 17.

3. On page 10, in line 18, to omit paragraph (e) and to substitute:

(e) any explosive device;

4. On page 10, after line 39, to add the following paragraph:

(c) A notice contemplated in paragraph (a) is of full force and effect until withdrawn by the Minister or by a resolution of Parliament.

1. On page 10, from line 44, to omit "for use by the construction and building any industry" and substitute "specifically for use in industrial application".

2. On page 11, after line 2, to insert the following paragraph:

(i) a deactivated firearm; and

3. On page 11, after line 6, to add the following subsection:

(3) A notice contemplated in subsection (1)(i) is of full force and effect until withdrawn by the Minister or by a resolution of Parliament.

Clause rejected.

Clause rejected.

CLAUSE 11

1. On page 12, in line 18, to omit "A competency certificate may only be issued to a person who" and to substitute:

Where a person has not previously obtained a competency certificate, a competency certificate may only be issued to such person if he or she

2. On page 12, in line 19, to omit "18" and to substitute "25".

3. On page 13, from line 2, to omit paragraph (a).

4. On page 13, from line 11, to omit subsection (5) and to substitute:

(5) (a) Despite subsection (2)(a), the Registrar may allow a person under the age of 25 years to apply for a competency certificate if there are compelling reasons which require the person to obtain a competency licence or licence to possess a firearm.

(b) Compelling reasons contemplated in paragraph (a) may include the fact that the applicant conducts a business, is gainfully employed, a dedicated hunter, a dedicated sports person or a private collector.

5. On page 13, after line 13, to add the following subsection:

(6) (a) Where a person has previously obtained a competency certificate, a further competency certificate may only be issued to such person if he or she satisfies such requirements as may be prescribed.

(b) The requirements contemplated in paragraph (a) may not be more onerous than those applicable to a person who has not previously obtained a competency certificate.

CLAUSE 12

1. On page 13, in line 22, to omit "two" and to substitute "five".

1. On page 13, in line 48, to omit subsection (3) and to substitute:

(3) No person may hold more than one licence issued in terms of this section.

2. On page 14, in line 1, to omit the words after "used" up to and including "range" in line 7 and to substitute "where it is safe to use the firearm and for a lawful purpose".

1. On page 14, in line 10, to omit ", carbine".

2. On page 14, after line 16, to insert the following paragraph:

(b) A notice contemplated in paragraph (a) is of full force and effect until withdrawn by the Minister or by a resolution of Parliament.

3. On page 14, in line 23, to omit the words after "used" up to and including "place" in line 26 and to substitute "where it is safe to use the firearm and for a lawful purpose".

1. On page 14, in line 34, to omit paragraph (d).

2. On page 14, in line 52, to omit the words after "used" up to and including "place" in line 57 and to substitute "where it is safe to use the firearm and for a lawful purpose".

Clause rejected.

Clause rejected.

1. That the following be a new clause:

18. (1) A firearm in respect of which a licence may be issued in terms of this section is any—

(a) handgun which is not fully automatic;

(b) rifle or shotgun which is not fully automatic;

(c) semi-automatic shotgun manufactured to fire no more than five shots in succession without having to be reloaded;

(d) barrel, frame or receiver of a handgun, rifle or shotgun contemplated in paragraph (a), (b) or (c).

2. The Registrar may issue a licence in terms of this section to a dedicated hunter or dedicated sports person if the application is accompanied by an affidavit from the chairperson of an accredited hunting association or sports-shooting organisation, or someone delegated in writing by him or her, stating that the applicant is a registered member of that association or organisation.
3. The Registrar may issue further licences in terms of this section to a dedicated hunter or dedicated sports person who requires a further firearm for hunting or sports-shooting purposes and whose application is supported by an affidavit from the chairperson of the accredited hunting association or sports-shooting organisation, or someone delegated in writing by him or her, stating that the applicant is a registered member of that association or organisation.

(4) A firearm in respect of which a licence has been issued in terms of this section may only be used where it is safe to use the firearm and for a lawful purpose.

(5) Every accredited hunting association or sports-shooting organisation must—

(a) keep a register which contains such information as may be prescribed; and

(b) submit an annual report to the Registrar which contains such information as may be prescribed.

1. On page 16, in line 16, after "association" to insert:

, or someone delegated in writing by him or her,

2. On page 16, in line 19, to omit "keep" and to substitute "store".

3. On page 16, in line 23, to omit the words after "used" up to and including "impose" in line 24 and to substitute "where it is safe to use the firearm and for a lawful purpose".

1. On page 16, in line 30, after "association" to insert:

, or someone delegated in writing by him or her,

2. On page 16, in line 38, to omit "keep" and to substitute "store".

3. On page 16, from line 40, to add the following subsection:

(5) Despite section 4, the holder of a permit issued in terms of this section may possess projectiles and cartridges manufactured to be discharged by prohibited firearms if the propellant, high explosive and primer of the cartridge or projectile has been removed or deactivated.

1. On page 16, from line 46, to omit subsection (2) and to substitute:

(2) Despite section 4—

(a) such prohibited firearms as may be prescribed may be licensed under this section; and

(b) the holder of a permit issued in terms of this section may possess projectiles and cartridges manufactured to be discharged by prohibited firearms if the propellant, high explosive and primer of the cartridge or projectile has been removed or deactivated.

1. On page 17, after line 20, to insert the following paragraph:

(d) a person who is accredited as a game rancher;

1. On page 18, in line 13, to omit "123(7)" and to substitute "123(6)".

2. On page 18, in line 14, to omit "21" and to substitute "25".

3. On page 18, in line 19, to omit "prescribed place" and to substitute "place where it is safe to use the firearm and for a lawful purpose".

1. On page 18, in line 34, after "firearm" to insert "with the intention of changing the identity of the firearm".

1. On page 19, in line 2, after "licence" to insert "or temporary authorisation".

2. On page 19, from line 4, to omit subsection (2) and to substitute

(2) The Registrar must within 30 days after receiving a notice referred to in subsection (1) acknowledge receipt of that notice in writing.

1. On page 19, in line 7, to omit "inform" and to substitute "notify".

2. On page 19, after line 9, to add the following subsection:

(2) The Registrar must within 30 days after receiving a notice referred to in subsection (1) acknowledge receipt of that notice in writing.

1. On page 19, in line 47, to omit "14" and to substitute "30".

1. On page 20, in line 17, to omit ", as soon as practicable, establish" and to substitute "establish and maintain".

1. On page 20, in line 25, to omit "A" and substitute "Subject to subsection (3), a".

2. On page 20, in line 27, to omit subsection (3) and to substitute:

(3) A person who wishes to sell or donate a firearm to a willing buyer or donee, as the case may be, may do so without the intervention of a dealer, but with the approval of a designated firearms officer.

1. On page 21, in line 38, to omit "inform" and to substitute "notify".

2. On page 21, after line 40, to add the following subsection:

(2) The Registrar must within 30 days after receiving a notice referred to in subsection (1) acknowledge receipt of that notice in writing.

1. On page 22, in line 14, to omit ", as soon as practicable, establish" and to substitute "establish and maintain".

1. On page 22, from line 17, to omit subsection (1) and to substitute:

(1) The Registrar may suspend a dealer’s licence if the Registrar has information in a sworn statement or on solemn declaration that the dealer has committed an offence in terms of this Act for which a sentence of imprisonment for a period of five years or more may be imposed.

2. On page 22, after line 28, to add the following paragraph:

(d) suspension has been confirmed by a court.

3. On page 22, from line 29, to omit subsection (4).

1. On page 22, in line 45, to omit "14" and to substitute "30".

1. On page 23, in line 22, to omit "A" and to substitute "Subject to section 76(1), a".

1. On page 23, in line 32, to omit "licensed".

2. On page 23, in line 35, to omit "licensed".

1. On page 24, in line 13, to omit "licenced".

2. On page 24, in line 17, to omit "licenced".

3. On page 24, in line 27, to omit "licenced".

1. On page 24, in line 30, to omit "licenced".

1. On page 24, in line 40, to omit "inform" and to substitute "notify".

2. On page 24, after line 42, to add the following subsection:

(2) The Registrar must within 30 days after receiving a notice referred to in subsection (1) acknowledge receipt of that notice in writing.

1. On page 24, in line 43, to omit "licensed".

2. On page 24, in line 44, to omit "licensed".

3. On page 24, in line 46, to omit "licensed".

4. On page 24, in line 48, to omit "licensed".

5. On page 24, in line 50, to omit "licensed".

6. On page 25, in line 1, to omit "licensed".

7. On page 25, in line 7, to omit "licensed".

8. On page 25, in line 10, to omit "licensed".

1. On page 25, in line 13, to omit ", as soon as practicable, establish" and to substitute "establish and maintain".

1. On page 25, after line 27, to add the following paragraph:

(d) suspension has been confirmed by a court.

2. On page 25, from line 28, to omit subsection (4).

1. On page 26, from line 9, to omit subsection (2).

1. On page 26, in line 21, to omit paragraph (a).

2. On page 26, from line 23, to omit paragraph (c) and to substitute:

(c) perform such other work on a firearm as may be prescribed.

1. On page 27, in line 31, to omit "inform" and to substitute "notify".

2. On page 27, after line 33, to add the following subsection:

(2) The Registrar must within 30 days after receiving a notice referred to in subsection (1) acknowledge receipt of that notice in writing.

1. On page 28, in line 4, to omit ", as soon as practicable, establish" and to substitute "establish and maintain".

1. On page 28, after line 18, to add the following paragraph:

(d) the suspension has been confirmed by a court.

2. On page 28, from line 19, to omit subsection (4).

1. On page 29, in line 31, after "such", where it appears for the second time, to insert "person and".

1. On page 30, in line 10, to omit ", as soon as practicable, establish" and to substitute "establish and maintain".

1. On page 30, after line 24, to add the following paragraph:

(d) suspension has been confirmed by a court.

2. On page 30, from line 25, to omit subsection (4).

1. On page 32, in line 29, to omit "a licence has been issued to him or her" and to substitute "he or she holds a licence".

2. On page 32, from line 31, to omit subsection (2).

3. On page 32, in line 34, to omit "(2)" and to substitute "(1)".

1. On page 33, after line 3, to add the following subsection:

(3) A notice contemplated in subsection (1) is of full force and effect until withdrawn by the Minister or by a resolution of Parliament.

1. On page 33, from line 7, to omit subsection (2) and to substitute:

(2) (a) A holder of a licence contemplated in subsection (1) may not have more than 2 400 primers in his or her possession for each firearm in respect of which he or she holds a licence.

(b) The limitation in paragraph (a) does not apply to a dedicated hunter or dedicated sports person who holds a licence issued in terms of this Act or any other holder of a licence issued in terms of this Act authorised thereto by the Registrar on good cause shown.

2. On page 33, from line 16, to omit subsection (4).

1. On page 33, from line 20, to omit "bolt, breech-block or magazine" and to substitute " bolt or breech-block".

2. On page 33, after line 37, to add the following paragraph:

(c) A notice contemplated in paragraph (a) is of full force and effect until withdrawn by the Minister or by a resolution of Parliament.

1. On page 35, in line 43, to omit ", as soon as practicable, establish" and to substitute "establish and maintain".

1. On page 36, in line 10, after "firearm" to insert "or any other dangerous weapon".

2. On page 36, from line 37, to omit subsection (4).

1. On page 37, in line 2, to omit "A person must be regarded as being" and to substitute "Unless the court determines otherwise, a person becomes".

2. On page 37, from line 20, to omit subsection (2).

1. On page 38, after line 43, to add the following subsection:

(2) A police official or an authorised person, when exercising a power in terms of subsection (1) must—

(a) identify himself or herself to the person referred to in subsection (1); and

2. produce his or her appointment certificate or authorisation

1. On page 39, in line 1, after "subsection" to insert "(1) or".

1. On page 39, after line 4, to add the following subsection:

(4) A police official or an authorised person, when exercising a power in terms of subsection (1) must—

(a) identify himself or herself to the person referred to in subsection (1); and

(b) produce his or her appointment certificate or authorisation

CLAUSE 112

1. On page 39, from line 37, to omit paragraph (a).

CLAUSE 113

1. On page 40, after line 12, to insert the following:

(4) The provisions of this Chapter does not derogate from any power conferred by any other law to enter any premises or search any person, container or premises or to arrest any person or to seize any matter, to declare any matter forfeited or to dispose of any matter.

1. On page 40, in line 39, to omit "genetic" and substitute "bodily".

2. On page 40, in line 41, to omit "samples of genetic material" and to substitute "bodily samples".

3. On page 40, in line 50, to omit "genetic material" and substitute "samples".

4. On page 41, from line 5, to omit subsection (3) and to substitute:

(3) Bodily samples may only be taken by a registered medical practitioner or a registered nurse.

5. On page 41, after line 6, to add the following subsection:

(4) A police official may do such tests, or cause such tests to be done, as may be necessary to determine whether a person suspected of having handled or discharged a firearm has indeed handled or discharged a firearm.

1. On page 41, in line 8, after "may" to insert "without a warrant".

1. On page 41, from line 50, to omit all the words after "order" up to and including "privacy" in line 53.

1. That the following be a new clause:

119. (1) Subject to subsection (2), if any police official has reason to believe that—

(a) an offence under this Act has been committed by means of or in respect of any article which he or she has reason to believe to be in, at or on any place, including any building, dwelling, flat, room, office, shop, structure, vessel, aircraft or vehicle or any part thereof, or to be in the possession of any person;

(b) any person whom he or she has reason to believe to be a person contemplated in section 105(1), is in, at or on any place contemplated in paragraph (a) and is in possession of any firearm or ammunition; or

(c) any firearm or ammunition which he or she has reason to believe to be required for the investigation of any crime or offence, or alleged crime or offence, is in, at or on any place contemplated in paragraph (a) or in the possession of any person,

such police official may at any time without warrant enter upon and search such place, search such person and seize any such article or firearm or ammunition.

(2) A police official contemplated in subsection (1) may only enter upon and search the place in question, search any person and seize any article or firearm or ammunition if—

(a) the person who is competent to do so consents to such entry, search or seizure; or

(b) there are reasonable grounds to believe that a warrant would be issued in terms of section 118 and the delay in obtaining such warrant would defeat the object of the entry, search or seizure.

(3) Any entry upon a place and search of a place or person contemplated in subsection (1) must be carried out with strict regard to decency and order.

(4) Any article, firearm or ammunition seized in terms of-

(a) subsection (1)(a) or (c) must be dealt with as if it had been seized in terms of the Criminal Procedure Act, 1977 (Act No. 51 of 1977);

(b) subsection (1)(b) must be dealt with as if it had been seized in terms of section 118.

1. On page 44, from line 18, to omit subsection (2) and to substitute:

(2) (a) Any person who is aware or who ought reasonably to be aware of the existence of a firearm or ammunition that is not in the lawful possession of any person, and fails to report the location of the firearm or ammunition to a police official without delay is guilty of an offence.

(b) A police official to whom a person has made a report contemplated in paragraph (a), must immediately provide the person with written proof that the report has been made or, in the case of a telephonic or similar report, with the official reference number of the report.

2. On page 44, from line 21, to omit subsection (3).

3. On page 44, in line 40, to omit "wilfully".

4. On page 44, in line 42, after "person" to insert ", without good reason to do so".

5. On page 44, in line 44, after "person" to insert ", without good reason to do so".

6. On page 44, in line 46, after "place" to insert ", without good reason to do so".

1. On page 46, after line 46, to insert the following subsection:

(1) The Registrar must perform his or her functions in accordance with such directions as the Minister may issue.

1. On page 50, after line 20, to add the following subsection:

(7) A person who is not satisfied with the amount of compensation or the time or manner of payment as determined by the Appeal Board, may approach a court to determine the amount, the time and the manner of payment of the compensation.

1. On page 50, from line 33, to omit paragraph (a) and to substitute:

(a) be tabled in Parliament for approval at least 14 days before publication;

CLAUSE 145

Clause rejected.

1. On page 53, in line 13, to omit "charging and recharging" and to substitute "loading and re-loading".

2. on page 53, after line 16, to insert the following paragraph:

(m) the training and testing and such other measures as may be necessary to ensure the competency of employees of an Official Institution who may possess and use firearms;

1. On page 54, after line 33, to add the following subsection:

(4) (a) The Minister may, by notice in the Gazette, determine that a certificate of deactivation which is valid in a country other than the Republic is a valid certificate of deactivation in the Republic.

(b) A notice contemplated in paragraph (a) must be tabled in Parliament at least 14 days before publication thereof if Parliament is then sitting, and if Parliament is not sitting, within seven days after the commencement of the next sitting.