DRAFT OF ALTERNATIVE PROVISIONS FOR CONSIDERATION BY THE PORTFOLIO COMMITTEE FOR SAFETY AND SECURITY

Definitions in section 1
[(ii) "airgun" means any device manufactured to [fire] discharge a bullet or any other projectile [at a muzzle energy of not less than 0.7 joules (0.5 ft-lbs) and not more than 8 joules (6 ft-lbs)] of a caliber of less than 5.6mm (.22 caliber) by means of compressed [air]gas and not by means of burning propellant; ]

(iii) "ammunition" means a primer, [propellant] or complete cartridge;

(iv) "antique firearm" means any muzzle loading firearm manufactured before 1 January 1900, or any replica of such a firearm; [manufactured before 1 January 1870, which were not manufactured to discharge rim-fire or centre-fire or pin-fire ammunition and which have not been altered to discharge such ammunition;]

(xii) ‘‘firearm’’ means any—
(a) device manufactured or designed to propel a bullet or projectile through a barrel or cylinder by means of a burning propellant [or compressed gas], at a muzzle energy exceeding 8 joules (6 ft-lbs);
(b) device manufactured or designed to [fire] discharge rim-fire, [or] centre-fire or pin-fire ammunition;
(c) device which is not at the time capable of discharging any bullet or projectile, but which can be readily altered to be a firearm within the meaning of paragraph (a) or (b);
(d) [specially dangerous airgun] 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
(e) barrel, frame or receiver of a device referred to in paragraph (a), (b),(c) or (d), but does not include any device contemplated in section 5;

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

[(xx)](xxi) "occasional hunter" means any person who from time to time participates in hunting activities, or intends to do so, but who is not a member of an accredited hunting association;

[(xxi)](xxii) "occasional sports person" means any person who from time to time participates in sports-shooting, or intends to do so, but who is not a member of an accredited sports-shooting organisation;

(xxvi) "private collector" means a person who collects firearms or ammunition, who is a member of an accredited collector's association and who is not a public collector;

(xxvii) "public collector" means a person who collects firearms or ammunition for display to the public and is accredited as such;

[(xxxiii) ‘‘specially dangerous airgun’’ means any 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 air and not by means of burning propellant.]

Prohibited firearms
4. (1) The following firearms and devices are prohibited firearms and may not be possessed or licensed in terms of this Act, except as provided for in sections 20, 22 and 23(1)(b):
(a) Any fully automatic firearm;
(b) any gun, cannon, recoilless gun, mortar, light mortar or launcher manufactured to fire [—
(i) ]a rocket, grenade, self-propelled grenade, bomb, explosive device [or device that emits a chemical substance; or
(ii) a projectile of a caliber of 20 millimeters or more];
(c) any frame, body or barrel of such a fully automatic firearm, gun, cannon, recoilless gun, mortar, light mortar or launcher;
(d) any projectile or rocket manufactured to be discharged from a cannon, recoilless gun or mortar, or rocket launcher, [or any substance manufactured to propel or to assist in propelling any such projectile or rocket so discharged, or any grenade, bomb or similar missile, or any frame or body of any such projectile, rocket, grenade, bomb or similar missile;]
(e) any explosive [or incendiary] device or any substantial part thereof;
(f) any imitation of any device contemplated in paragraph (a), (b), (c), (d) or (e);
(g) any firearm –
(i) the mechanism of which has been altered so as to enable the discharging of more than one shot with a single depression of the trigger;
(ii) the caliber of which has been altered without the written permission of the Registrar;
(iii) the barrel length of which has been altered without the written permission of the Registrar; or
(iv) the serial number or any other identifying mark of which has been changed or removed without the written permission of the Registrar.
(2) For purposes of subsection (1)(g)(iii), the incidental alteration of the length of the barrel of a firearm by a gunsmith in the ordinary course of gunsmith's work which does not have as an objective the alteration of the length of the barrel of that firearm must not be regarded as an alteration as contemplated in that subsection.
(3) (a) The Minister may, by notice in the Gazette, declare any other firearm of a specified type to be a prohibited firearm if
(i) it is in the interest of public safety; or
(ii) it is desirable for the maintenance of law and order.
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.

Devices not firearms for purposes of this Act
5. (1) For purposes of this Act, the following devices are not regarded as firearms:
(a) Any explosive powered tool manufactured specifically for use [by the construction and building any industry] in industrial application, including line throwing guns and impex type building pistols;
(b) any explosive powered tool manufactured to split rock or concrete by means of discharging an explosive cartridge;
(c) any industrial tool manufactured for use in the mining and steel industry to remove refractory material;
(d) any captive bolt gun manufactured for use in an abattoir in the humane killing of animals;
[(e) an antique firearm;
(f) an airgun;]
(g) a tranquilliser firearm;
(h) a paintball gun; and
(i) any other device which the Minister may, by notice in the Gazette, exempt.
(2) A notice contemplated in subsection (1)(i) 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.

[Antique firearms
6. (1) An antique firearm may only be displayed or stored in—
(a) an accredited museum;
(b) a residence or other building occupied by the person or institution in lawful possession of that antique firearm; or
(c) a building or place approved by the Registrar,
and in compliance with such conditions as the Registrar may impose.
(2) An antique firearm may only be discharged on an accredited shooting range on premises suitable for hunting or in or on such other premises as the Registrar may approve.
(3) A person may dispose of an antique firearm only through a dealer.
(4) A dealer must keep an antique firearm register in which the prescribed particulars relating to the acquisition, possession and disposal of antique firearms must be recorded.]

[Airguns
7. (1) A person may dispose of an airgun only through a dealer.
(2) A dealer must keep an airgun register in which the prescribed particulars relating to the acquisition, possession and disposal of airguns must be recorded.]

Application for competency certificate
11. (1) An application for a competency certificate to possess a firearm, to trade in firearms, to manufacture firearms or to carry on business as a gunsmith must be delivered to the Designated Firearms Officer responsible for the area in which the applicant ordinarily resides or in which the applicant’s business is or will be situated, as the case may be.
(2) Where a person has not previously obtained a competency certificate, a competency certificate may only be issued to such person if he or she—
(a) is 18 years or older on the day the application is received by the Designated Firearms Officer;
(b) is a South African citizen or a holder of a permanent South African residence permit;
(c) is a fit and proper person to possess a firearm, to trade in firearms, to manufacture firearms or to conduct business as a gunsmith, as the case may be;
(d) is of stable mental condition and is not inclined to violence;
(e) is not dependent on any substance which has an intoxicating or narcotic effect;
(f) has not been convicted of any offence under or in terms of this Act or the previous Act;
(g) has not been convicted, whether in or outside South Africa, of an offence involving the use of a firearm, whether committed in or outside South Africa;
(h) has not been convicted, whether in or outside South Africa, of an offence involving violence, whether committed in or outside South Africa;
(i) has not been convicted of fraud in relation to, or supplying false information for the purposes of, obtaining a competency certificate, licence, permit or authorisation in terms of this Act or the previous Act;
(j) has not been convicted, whether in or outside South Africa, of an offence involving the abuse of alcohol or drugs, whether committed in or outside South Africa;
(k) has not been convicted, whether in or outside South Africa, of an offence involving dealing in drugs, whether committed in or outside South Africa;
(l) has not been convicted of an offence in terms of the Domestic Violence Act, 1998 (Act No. 116 of 1998);
(m) has not, in a matter involving a reasonable apprehension of violent behaviour by that person, been the subject of a final protection order issued in terms of the Domestic Violence Act, 1998 (Act No. 116 of 1998), or a similar restraining order issued in terms of any other legislation, in or outside South Africa;
(n) has successfully completed the prescribed test on knowledge of this Act;
(o) has successfully completed the prescribed training and practical tests regarding the safe handling of a firearm;
(p) has not been declared unfit to possess a firearm in terms of this Act or the previous Act; and
(q) has, where applicable, successfully completed the prescribed training and practical tests for firearms dealers, manufacturers, gunsmiths, security officers or other persons who use firearms in the course of their business.
(3) Any offence referred to in subsection (2) means an offence in respect of which—
(a) the accused person was sentenced to more than six months imprisonment without the option of a fine;
(b) an appeal against the conviction or sentence has been finalised or the time for an appeal has elapsed; and
(c) the sentence has been served less than five years before the application for a competency certificate was received by the Designated Firearms Officer.
(4) The disqualification contemplated in subsection (2)(p) ends upon the expiry of a period of five years calculated from the date on which the declaration in question was made or the expiry of the period for which the declaration is valid, whichever is shorter.
(5) Despite subsection (2)(a), the Registrar may allow a person under the age of 18 years to apply for a competency certificate if the applicant is a dedicated hunter, dedicated sports person or private collector.
(6) 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.

Competency certificate
12.(1) A competency certificate must specify—
(a) whether it relates to competency—
(i) to possess a firearm;
(ii) to trade in firearms;
(iii) to manufacture firearms; or
(iv) to conduct business as a gunsmith; and
(b) all the relevant tests successfully completed by the holder.
(2) A competency certificate lapses after [ two years]three years of its date of issue.

Licence to possess firearm for self-defence, occasional hunting and occasional sports-shooting
15. (to 17)(1) A firearm in respect of which a licence may be issued in terms of this section is any—
(a) rifle or shotgun which is not fully or semi-automatic;
(b) handgun which is not fully automatic; or
(c) barrel, frame or receiver of a rifle, shotgun or handgun contemplated in paragraph (a) or (b).
(2) The Registrar may issue a licence in terms of this section to any natural person who—
(a) needs a firearm for self-defence and cannot reasonably satisfy that need by means other than the possession of a firearm;
(b) is an occasional hunter; or
(c) occasionally participates in a shooting sport.
(3) (a) No person may hold more than four licences issued in terms of this section.
(b) A person may not hold more than two licences in respect of a handgun contemplated in subsection (1)(b).
(c) If a person contemplated in paragraph (a) holds any additional licences contemplated in section 14, in respect of a firearm contemplated in this section, the number of licences which that person may hold must be reduced by the number of such additional licences held.
(4) A firearm in respect of which a licence has been issued in terms of this section may be used for any lawful purpose.

Licence to possess firearm for dedicated hunting and sports-shooting
18.(to 19) (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; or
(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 sports person if the application is accompanied by proof of valid membership of an accredited hunting association or sports-shooting organisation 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 sports person who requires a further firearm for hunting or sports-shooting purposes and whose application is supported by proof of valid membership of the accredited hunting association or sports-shooting organisation of which the applicant is a member.
(4) A firearm in respect of which a licence has been issued in terms of this section may be used for any 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.

Licence to possess firearm for business purposes
23. (1) (a) A firearm in respect of which a licence may be issued in terms of this section is any firearm other than a prohibited firearm.
(b) Despite paragraph (a), a licence in respect of a prohibited firearm may be issued to a person contemplated in subsection (2)(c) but such person may only provide the prohibited firearm for use in theatrical, film or television productions and then only if the prior written approval of the Registrar has been obtained and on such conditions as the registrar may impose.
(2) The Registrar may issue a licence in terms of this section to—
(a) a security company;
(b) a person who is accredited to provide training in the use of firearms;
(c) a person who is accredited to provide firearms for use in theatrical, film or television productions;
(d) a person who is accredited as a game rancher;
(e) a person who is accredited to conduct business in hunting; or
(f) any person who is accredited to use firearms for such other business purpose as the Registrar may determine.
(3) A licence issued in terms of this section must specify the business purpose in respect of which it is issued.
(4) A firearm in respect of which a licence was issued in terms of this section may only be used as specified in the licence.
(5) (a) The holder of a licence issued in terms of this section may only provide the firearm for use by another person subject to such conditions as may be prescribed.
(b) A security company which holds a licence to possess a firearm for business use may only provide the firearm to a security officer in its service who holds a competency certificate.
(6) Every holder of a licence issued in terms of this section must—
(a) keep a register of all firearms in its possession containing such information as may be prescribed;
(b) must store and transport the firearms as may be prescribed.
(7) The holder of a licence issued in terms of this Act must, at the request of a police official, produce for inspection—
(a) any firearm and ammunition in its possession or under its control; and
(b) every licence issued in terms of this section.
(8) When a licence issued in terms of this section terminates, the holder of the licence must within 30 days of such termination—
(a) return all licences issued in terms of this section to the Registrar; and
(b) dispose of the register as may be determined by the Registrar.

SCHEDULE 1

Phasing in of licencing provisions to certain categories of existing licences.
2. (1) (a) The Minister may, not earlier than five years from the date on which this Act comes into operation declare the licensing provisions of thisAct applicable to one or more categories of licences contemplated in paragraph (c), which were valid immediately before the date of the commencement of this Act and which have not been terminated, cancelled or surrendered in terms of this Act if it is—
(i) in the interest of public safety; or
(ii) desirable for the maintenance of law and order.
(b) A notice contemplated in paragraph (a) must be tabled in parliament at least 14 days before publication thereof if parliament is the sitting, and if parliament is not sitting, within seven days after the commencement of the next sitting.
(c) For the purpose of a declaration contemplated in paragraph (a), the Minister may distinguish between the following categories of licences—
(i) licences for handguns;
(ii) licences for shotguns;
(iii) licences for other arms; and
(iv) licences for any subcategories of arms contemplated in subparagraphs (i), (ii) or (iii).

ALTERNATIVE WORDING OF ITEM 2 (EXCLUDING PREREQUISITES FOR PHASING IN)
2. (1) (a) The Minister may, not earlier than five years from the date on which this Act comes into operation declare the licensing provisions of thisAct applicable to one or more categories of licences contemplated in paragraph (c), which were valid immediately before the date of the commencement of this Act and which have not been terminated, cancelled or surrendered in terms of this Act.
(b) A notice contemplated in paragraph (a) must be tabled in parliament at least 14 days before publication thereof if parliament is the sitting, and if parliament is not sitting, within seven days after the commencement of the next sitting.
(c) For the purpose of a declaration contemplated in paragraph (a), the Minister may distinguish between the following categories of licences—
(i) licences for handguns;
(ii) licences for shotguns;
(iii) licences for other arms; and
(iv) licences for any subcategories of arms contemplated in subparagraphs (i), (ii) or (iii).

31. (1) A licence issued in terms of this Chapter terminates-

(a) upon the expiry of the relevant period contemplated in section 30, unless renewed

in terms of section 27;

(b) if surrendered by the licence holder to the Registrar;

(c) if the holder of the licence is declared unfit to possess a firearm in terms of section

105 or 106; or

(d) if it is cancelled in terms of this Act.

(2) The Registrar may, by notice in writing, cancel a licence issued in terms of this Chapter if the holder of the licence-

(a) no longer qualifies to hold the licence; or

(b) has contravened or failed to comply with any provision of this Act or any condition specified in the licence.

(3) A notice contemplated in subsection (2) may only be issued if the Registrar has-

(a) given the holder of the licence [14] 30days' notice in writing to submit written representations as to why the licence should not be cancelled; and

(b) duly considered any representations received and all the facts pertaining to the matter.

(4) (a) If a notice contemplated in subsection (2) is issued, the former licence holder must dispose of the firearm in question through a dealer.

(b) The disposal must take place within 60 days after receipt of the notice.

(5) If the firearm is not disposed of within 60 days, it must be forfeited to the State and the former licence holder must surrender it immediately at such place and in such manner as the Registrar may determine.

(6) Any period contemplated in this section may be extended by the Registrar on good cause shown.

Central firearms database

33. The Registrar must, [as soon as practicable, ]establish such central firearms database as may be prescribed.

34. (1) No person may trade in any firearm or ammunition without a dealer’s licence.

(2) A person who is not a dealer, private collector, public collector, dedicated hunter or dedicated sportsperson, may dispose of a firearm or ammunition only through a dealer or as otherwise provided for in this Act.

(3) Any person who disposes of a firearm must notify the Registrar in writing thereof.

43. The Registrar must, [as soon as practicable, ]establish such central dealers database as may be prescribed.

44. (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 [not complied with any—

(a) condition specified in the licence; or

(b) provision of this Act].

(2) A licence may be suspended for not more than seven days without affording the holder of the licence a hearing.

(3) A suspension may endure for a period longer than seven days if—

(a) the holder has been afforded an opportunity to make written representations to the Registrar;

(b) the Registrar has given due consideration to the representations; [and]

(c) the Registrar deems it necessary in order to achieve the objects of this Act; and

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

[(4) The period referred to in subsection (3) may be extended by the Registrar on good cause shown.]

(5) A dealer may not trade for the period during which the licence is suspended.

45. (1) A dealer’s licence terminates—

(a) upon the expiry of one year from the date on which it was issued;

(b) if surrendered by the dealer to the Registrar;

(c) if the holder of the licence is declared unfit to possess a firearm in terms of section 105 or 106; or

(d) if cancelled in terms of this Act.

(2) The Registrar may, by written notice, cancel a dealer’s licence if the holder of the licence—

(a) no longer qualifies to hold the licence; or

(b) has contravened or failed to comply with any provision of this Act or any condition specified in the licence.

(3) A notice contemplated in subsection (2) may only be issued if the Registrar has—

(a) given the holder [14] 30 days notice in writing to submit written representations as to why the licence should not be cancelled; and

(b) duly considered any representations received and all the facts pertaining to the matter.

(4) (a) If a notice contemplated in subsection (2) is issued, the former licence holder must dispose of any firearms and ammunition in his or her possession through a dealer or in such manner as the Registrar may determine.

(b) The disposal must take place within 60 days after receipt of the notice.

(5) If the firearms and ammunition are not disposed of within 60 days they must be forfeited to the State and the former licence holder must surrender them immediately at such place and in such manner as the Registrar may determine.

(6) Any period contemplated in this section may be extended by the Registrar on good cause shown.

50. The Minister may prescribe—

(a) conditions in respect of the issue of a manufacturer’s licence which the Registrar may impose on a [licensed] manufacturer;

...... (b) specifications in respect of the business premises of a manufacturer to ensure the safe storage of the firearms and ammunition.

53. (1) The Registrar may issue a temporary authorization to a [licensed] manufacturer to display firearms and ammunition at premises other than those specified in the manufacturer’s licence: Provided that a licensed manufacturer who has entered into an agreement with the South African National Defence Force to display, supply arms and ammunition, or services related to firearms and ammunition, on the premises that may from time to time be specified by the SANDF, shall not be required to apply for temporary authorization.

(2) The Minister may prescribe conditions which the Registrar may impose on a [licensed] manufacturer in respect of a temporary authorisation issued in terms of this section.

(3) A temporary authorisation to display firearms and ammunition must specify—

(a) the premises in respect of which it is issued;

(b) the period for which it is issued; and

(c) any conditions subject to which it is issued.

(4) The Registrar may at any time, by written notice, withdraw an authorisation issued in terms of this section.

(5) The Office of the Central Firearms Register must keep a record of prescribed information in respect of all authorisations issued in terms of this section.

(6) A licensed manufacturer to whom a temporary authorisation has been issued must comply with the requirements of subsection (3).

57. The Registrar must[, as soon as practicable,] establish such central manufacturers database as may be prescribed.

58. (1) The Registrar may suspend a manufacturer’s licence if the Registrar has information in a sworn statement or on solemn declaration that the manufacturer has not complied with any—

(a) condition specified in the licence; or

(b) provision of this Act.

(2) A licence may be suspended for not more than seven days without affording the holder of the licence a hearing.

(3) A suspension may endure for a period longer than seven days if [the]—

(a) the holder has been afforded an opportunity to make written representations to the Registrar;

(b) the Registrar has given due consideration to the representations; and

(c) the Registrar deems it necessary in order to achieve the objects of this Act; and

[(4) The period referred to in subsection (3) may be extended by the Registrar on good cause shown].

(5) A manufacturer may not trade for the period during which the licence is suspended.

60. (1) A licence issued in terms of Part 2 of this Chapter does not exempt the licence holder from having to comply with the provisions of any other law.

[(2) A prohibition contained in the Explosives Act, 1956 (Act No. 26 of 1956), against manufacturing explosives does not apply to the manufacture of ammunition in accordance with a licence or authorisation issued to a manufacturer in terms of this Act.]

62. No person may, without being the holder of a gunsmith’s licence—

[(a) repair, alter or improve any firearm;]

(b) perform any work contemplated in section 4(1)(g);or

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

67. (1) The Registrar may issue a temporary authorisation to a gunsmith to conduct business as a gunsmith at premises other than those specified in the gunsmith’s licence.

(2) The Minister may prescribe conditions which the Registrar may impose on a gunsmith in respect of a temporary authorisation issued in terms of this section.

(3) A temporary authorisation to conduct business as a gunsmith must specify the—

(a) premises in respect of which it is issued;

(b) period for which it is issued; and

(c) conditions subject to which it is issued.

(4) The Registrar may at any time, by written notice, withdraw an authorisation issued in terms of this section.

(5) The Office of the Central Firearms Register must keep a record of prescribed information in respect of all authorisations issued in terms of this section.

(6) A gunsmith to whom a temporary authorisation has been issued must comply with the requirements of subsection (3).

71. The Registrar must[, as soon as reasonably practicable,] establish such central gunsmiths database as may be prescribed.

72. (1) The Registrar may suspend a gunsmith’s licence if the Registrar has information in a sworn statement or on solemn declaration that the gunsmith has not complied with any—

(a) condition specified in the licence; or

(b) provision of this Act.

(2) A licence may be suspended for not more than seven days without affording the holder of the licence a hearing.

(3) A suspension may endure for a period longer than seven days if [the]—

(a) the holder has been afforded an opportunity to make written representations to the Registrar;

(b) the Registrar has given due consideration to the representations; and

(c) the Registrar deems it necessary in order to achieve the objects of this Act; and

[(4) The period referred to in subsection (3) may be extended by the Registrar on good cause shown].

(5) A gunsmith may not conduct business as a gunsmith for such period as the licence is suspended.

80. (1) A permit for the import of a firearm or ammunition by a natural person also constitutes a licence to possess such firearm or ammunition for such period as the Registrar may specify on the permit.

(2) The Registrar may impose such conditions in respect of the possession and use of the relevant firearm or ammunition as may be prescribed, and must on the permit in question specify any conditions imposed.

82. The Registrar must[, as soon as practicable,] establish such central importers and exporters databases as may be prescribed.

86. Firearms and ammunition must be stored and transported in the prescribed manner provided that institutions contractually appointed by the SANDF, shall be excluded from the transport and storage provisions contained in this Chapter in terms of work undertaken in terms of their contractual obligations with the SANDF and shall be subject to regulations and procedures promulgated by the Chief of the SANDF for such work.

94. (1) The holder of a licence to possess a firearm referred to in Chapter 6 may not possess more than 200 cartridges for each firearm in respect of which he or she holds a licence [has been issued to him or her].

[(2) The holder of a licence to possess a firearm may not, during any period of 12 months, purchase more than 2400 cartridges for each firearm in respect of which a licence has been issued to him or her.]

(3) The limitation in subsection [(2)](1) does not apply to—

(a) 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; or

(b) the holder of a licence to possess a firearm issued in terms of this Act in respect of ammunition bought and discharged at an accredited shooting range.

96. (1) Section 48(1) does not apply to the loading of ammunition by the holder of a licence to possess a firearm for use in his or her licensed firearm.

(2) (a) A holder of a licence contemplated in subsection (1) may not have more than [2.5 kilograms of propellant and 2 400 primers] 2 400 primers in his or her possession for each firearm in respect of which he or she holds a licence[at any time].

[(b) (i) The holder contemplated in paragraph (a) may not purchase more than 2.5 kilograms of propellant or 2 400 primers during any 12-month period.]

(ii) The limitation in [sub]paragraph [(i)](2)(a) does not apply to a dedicated hunter [and]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.

(3) No person may load prohibited ammunition contemplated in section 95.

[(4) The holder of a licence may only acquire, possess or use equipment for loading ammunition for the specific firearm in respect of which a licence was issued to him or her].

97. (1) For purposes of this section, ‘‘firearm part’’ means a slide, bolt or breech-block [or magazine] of a firearm.

(2) No person may possess any firearm part unless he or she—

(a) holds a licence in respect of a firearm capable of bearing that firearm part;

(b) holds a dealer’s licence, manufacturer’s licence, gunsmith’s licence, import, export or in-transit permit or transporter’s permit issued in terms of this Act; or

(c) is otherwise authorised to do so.

(3) The holder of a dealer’s licence, manufacturer’s licence, gunsmith’s licence, import, export or in-transit permit or transporter’s permit issued in terms of this Act must keep such register of all firearm parts in his or her possession as may be prescribed.

(4) (a) The Minister may, by notice in the Gazette, prohibit or restrict the acquisition, disposal, possession or use of firearm parts if—

([a]i) it is in the interest of public safety; or

([b]ii) it is desirable for the maintenance of law and order.

(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.

106. (1) Unless the court determines otherwise, [A]a person [must be regarded as being] becomes unfit to possess a firearm if convicted of—

(a) the unlawful possession of a firearm or ammunition;

(b) any crime or offence involving the unlawful use or handling of a firearm, whether the firearm was used or handled by that person or by another participant in that offence;

(c) an offence regarding the failure to store firearms or ammunition in accordance with the requirements of this Act;

(d) an offence involving the negligent handling or loss of a firearm while the firearm was in his or her possession or under his or her direct control;

(e) an offence involving the handling of a firearm while under the influence of any substance which has an intoxicating or narcotic effect;

(f) any other offence or crime in the commission of which a firearm was used, whether the firearm was used or handled by that person or by another participant in the offence; or

(g) any offence involving violence or dishonesty, for which the accused is sentenced to a period of imprisonment of not less than 12 months without the option of a fine.

[(2) A court which convicts a person of an offence referred to in subsection (1) must declare that person unfit to possess a firearm.]

(3) (a) A court which convicts a person of an offence referred to in Schedule 2 must enquire and determine whether that person is unfit to possess a firearm.

(b) If a court, acting in terms of paragraph (a), determines that a person is unfit to possess a firearm, it must make a declaration to that effect.

(4) A court which has made a declaration in terms of this section must notify the Registrar in writing of that declaration.

(5) A declaration of unfitness to possess a firearm made in terms of this section by a court must be accompanied by a court order for the immediate search for and seizure of—

(a) all competency certificates, licences, authorisations and permits issued to the relevant person in terms of this Act;

(b) all firearms in his or her possession; and

(c) all ammunition in his or her possession.

(6) A firearm and any other item seized in terms of subsection (5) must be kept by the South African Police Service or, if appropriate, by the Military Police, until an appeal against the conviction or sentence has been finalised or the time for an appeal has elapsed.