(Certified Internal Auditor)

MR. CHAIRMAN, HONOURABLE LADIES AND GENTLEMEN, MEMBERS OF THE COMMITTEE!

I APPEAR BEFORE YOU AS A PRIVATE INDIVIDUAL, A SOUTH AFRICAN CITIZEN IN GOOD STANDING, WHO ALSO HAPPENS TO BE A LAW-ABIDING OWNER OF SEVERAL LEGALLY LICENCED FIREARMS.

ALTHOUGH I AM A MEMBER OF TWO SHOOTING CLUBS, AND AM AN ORDINARY MEMBER OF SAGA (THE SOUTH AFRICAN GUNOWNERS ASSOCIATION), I SPEAK AS A PRIVATE INDIVIDUAL, AND DO NOT REPRESENT THEM, NOR SPEAK ON THEIR BEHALF.

I ALSO DO NOT SPEAK ON BEHALF OF THE TRADE, OR ON BEHALF OF ANY HUNTING ASSOCIATION OR SPORTING BODY.

FURTHER, I WANT TO MAKE IT CLEAR THAT I AM NOT A PROFESSIONAL LOBBYIST, AND HAVE NOT BEEN FUNDED BY ANY PRO-GUN ORGANISATION OR REPRESENT ANY OTHER VESTED INTEREST.

1. GENERAL COMMENTS

THE REASON FOR MY APPEARANCE IS MY CONCERN OVER THE PROPOSED NEW FIREARMS CONTROL BILL.

I HOPE TO PERSUADE YOU TO TONE DOWN SOME OF THE CLAUSES IN THE BILL, WHICH APPEAR TO BE OVER-RESTRICTIVE, AND WHICH IMPOSE UNREASONABLE CONDITIONS ON LEGAL GUN-OWNERS.

I ALSO FEEL THAT THE ADMINISTRATION OF THE PROPOSED BILL WILL BE EXTREMELY COSTLY, CUMBERSOME, AND VERY DIFFICULT TO MONITOR, CONTROL, AUDIT AND POLICE.

I FURTHER FEEL THAT THE PROPOSED BILL WILL CRIMINALISE LEGAL GUNOWNERS, WHO UNWITTINGLY, AND WITHOUT CRIMINAL INTENT OR PURPOSE, MAY FAIL TO ABIDE BY MANY OF THE REGULATIONS PROPOSED IN THIS BILL.

ALTHOUGH I AM NOT A LEGAL EXPERT, I BELIEVE THAT SOME OF THE CLAUSES CONTAINED IN THE BILL MAY BE UNCONSTITUTIONAL.

LASTLY, I THINK THAT THE EXISTING LEGAL FRAMEWORK CONCERNING THE OWNERSHIP AND HANDLING OF FIREARMS IS ADEQUATE.

ANY ADDITIONAL REQUIREMENTS REGARDING THE COMPETENCY OF A PROSPECTIVE FIREARM OWNER, CAN EASIILY BE INCORPORATED BY WAY OF AMENDMENTS.

TO REMOVE ILLEGAL FIREARMS FROM THE CRIMINAL ELEMENT, THE EXISTING LAWS SHOULD BE RIGOROUSLY APPLIED.

WITHOUT THE NECESSARY COMMITMENT BY THE VARIOUS LAW ENFORCEMENT AGENCIES, IT WOULD APPEAR FRUITLESS TO PROPAGATE ANY NUMBER OF NEW LAWS.

I COME FROM A TWOFOLD BACKGROUND WHERE OWNERSHIP OF FIREARMS IS A MATTER OF COURSE.

FIRSTLY: I GREW UP IN THE THEN SOUTH WEST AFRICA (NAMIBIA) WHERE MOST OF OUR FRIENDS WERE FARMERS, AND WHERE FIREARM OWNERSHIP WAS THE ACCEPTABLE NORM.

SECONDLY: I AM OF SWISS ORIGIN. THE SWISS ARE KNOWN AS "A NATION OF RIFLEMEN". MOST SWISS HOUSEHOLDS HAVE RIFLES AND PISTOLS GOING BACK FOR 3 OR 4 GENERATIONS.

IN SOUTH WEST AFRICA (NAMIBIA), WE LEARNT RESPONSIBILITY AND RESPECT FOR FIREARMS AT AN EARLY AGE.

THE BEST CHRISTMAS OR BIRTHDAY GIFT WOULD BE AN AIRGUN.

WITH AIRGUNS WE HONED OUR SHOOTING SKILLS, WHILE LEARNING TO HUNT ETHICALLY AND RESPONSIBLY.

IN THE GARDEN, GRAPES AND MULBERRIES WERE DEFENDED AGAINST SPARROWS AND CROWS, AND MANY A PIGEON ENDED UP IN THE COOKING POT.

AS TEENAGERS WE ACQUIRED .22 RIFLES, WHICH WERE USED TO ELIMINATE A PEST OF GROUNDSQUIRRELS, AND TO FURTHER HONE OUR SHOOTING SKILLS. SHOOTING PIGEONS FOR THE POT AND FORMAL AND INFORMAL TARGET SHOOTING BECAME A PASTIME DURING SCHOOL HOLIDAYS.

MANY OF US WERE IN THE SCHOOL CADETS, AND PRACTICED FORMAL TARGET SHOOTING WITH ANCIENT SINGLE SHOT BSA AND OTHER .22 RIFLES, UNDER THE WATCHFUL EYE OF A SCHOOLTEACHER.

AS SOON AS OUR MODEST WAGES ALLOWED, ONCE WE ENTERED THE WORKPLACE, WE WOULD PURCHASE A SECOND HAND HUNTING RIFLE.

NOW WE NO LONGER NEEDED TO BORROW A RIFLE FROM THE FARMER OR A FRIEND, WHEN INVITED TO HUNT.

YOUR OWN RIFLE ALSO GAVE YOU THE OPPORTUNITY TO PARTICIPATE IN THE ANNUAL "SCHUETZENFEST".

THIS TOOK PLACE WHEN THE OFFICIAL HUNTING SEASON OPENED, IN ORDER TO SIGHT IN THE RIFLES, COMPETE FOR PRIZES, COMPARE NOTES, AND DANCE WITH THE FARMER’S PRETTY DAUGHTERS!

IN SWITZERLAND, WHERE I LIVED FOR A NUMBER OF YEARS, SHOOTING IS A NATIONAL SPORT, AND HAS A VERY OLD TRADITION, NEVER MIND THE MYTHICAL WILLIAM TELL.

I WAS MEMBER OF A SHOOTING SOCIETY THAT WAS FIRST MENTIONED IN THE 15^TH CENTURY!

THE SWISS VALUED (AND STILL VALUE) THEIR FREEDOM AND INDEPENDENCE.

ONE OF THE FREEDOMS IS THE FREEMAN’S RIGHT TO BEAR ARMS.

AT THE END OF THE 13^TH CENTURY, THE RIGHT TO BEAR ARMS, AND THE TRADITIONAL LOCAL DEMOCRACY WAS BEING ERODED BY THE (HOLY ROMAN) EMPIRE. FOREIGN MAGISTRATES WERE APPOINTED, AND THE RIGHT TO BEAR ARMS WAS ONLY GRANTED TO THE NOBILITY AND THE UPPER CLASSES.

TO MAINTAIN THEIR TRADITIONAL DEMOCRACY, THE SWISS BROKE DOWN THE DOMINATING CASTLES, THREW OUT THE LORDS (INCLUDING THE HAPSBURGS) AND GAINED THEIR INDEPENDENCE FROM THE "HOLY ROMAN EMPIRE OF GERMAN NATIONS" OVER 700 YEARS AGO.

MACCHIAVELLI SAID:

"THE SWISS ARE THE MOST HEAVILY ARMED NATION ……AND THE MOST FREE" !

THEY DEFENDED THEIR FREEDOM MOST VIGOROUSLY OVER THE CENTURIES, UNTIL NAPOLEON TOOK ADVANTAGE OF INTERNAL DISSENT AND OVERWHEMED THEM.

AFTER THE DIVISIVE INTERFERENCE BY NAPOLEON, AND TO FORGE A NEW SWISS NATIONHOOD, THE SHOOTING SPORT WAS RESURRECTED AND ENCOURAGED IN THE EARLY PART OF THE 19^TH CENTURY.

HUNDREDS OF SHOOTING CLUBS AND -RANGES WERE ESTABLISHED.

THE SWISS SHOOTING ASSOCIATION CELEBRATED ITS 175^TH ANNIVERSARY IN 1999, AND PUBLISHES A WEEKLY NEWSPAPER (SEE HANDOUT).

THE STORY GOES, THAT JUST BEFORE WORLD WAR 1, THE GERMAN CROWN PRINCE WAS INVITED TO OBSERVE THE SWISS ARMY ON MANOEVRE.

THE CROWN PRINCE ASKED THE SWISS COMMANDER IN CHIEF:

"HOW MANY MEN CAN YOU RAISE IN 24 HOURS?"

THE ANSWER: "ABOUT 100,000"

THE CROWN PRINCE SAID: "WHAT WOULD YOU DO IF WE INVADED YOU WITH 200,000 MEN?"

THE ANSWER: "SHOOT TWICE !"

TODAY, CLOSE TO 500,000 MEN AND WOMEN PARTICIPATE IN VARIOUS SHOOTING COMPETITIONS THROUGHOUT SWITZERLAND EVERY YEAR.

THE FILM AND TELEVISION MEDIA SHAPE THE PICTURE OF A GUNOWNER TO A LARGE EXTENT.

TO THE UNINFORMED, A GUNOWNER IS A GUNG-HO "COWBOY", "GANGSTER" OR COP, WHO PULLS HIS GUN AT THE SLIGHTEST PROVOCATION AND SHOOTS WILDLY AT ANYTHING THAT MOVES – BANG-BANG !

HE PREFERABLY HOLDS HIS HAND-GUN SIDEWAYS, AND IS ABLE TO SHOOT MORE BULLETS OUT OF HIS MAGAZINE, THAN EVEN A FULLY-FLEDGED AUTOMATIC ASSAULT RIFLE’S MAGAZINE CAN HOLD.

THE DAMAGE CAUSED BY A PISTOL SHOT IS EITHER DOWNPLAYED, OR SHOWN IN THE MOST GRAPHIC DETAIL. HOWEVER, THE "GOOD GUYS" HARDLY EVER GET HURT, AND THERE NEVER APPEARS TO BE ANY ACCOUNTABILITY FOR ALL THE IRRESPONSIBLE SHOOTING AND HAVOC REAPED BY THESE "HEROES".

YOUNG AND IMPRESSIONABLE VIEWERS COPY THESE SO-CALLED HEROES, AND FOLLOW THEIR BAD EXAMPLE. THEY DO NOT REALISE HOW MUCH DAMAGE CAN BE CAUSED BY A FIREARM, IF IT IS USED IRRESPONSIBLY.

TO HAVE A HAND-GUN IS "COOL".

THE PRINT MEDIA OFTEN SENSATIONALISE THE ABUSE OR MISUSE OF FIREARMS.

THIS IS QUITE UNDERSTANDABLE, AS UNUSUAL EVENTS FEED THE MEDIA.

WHENEVER SOME UNSTABLE PERSON, WHO OFTEN SHOULD HAVE BEEN INSTITUTIONALISED OR OTHERWISE REMOVED FROM SOCIETY, DECIDES TO "TAKE OUT" INNOCENT PEOPLE, THE USE OF FIREARMS IS HIGH-LIGHTED, E.G. "HE USED A HIGH-POWERED RIFLE".

HOWEVER, WHEN A SIMILAR CRIME IS COMMITTED WITH AN AXE, A HAMMER OR A BUTCHER’S KNIFE, THE NEWS ITEM WARRANTS LITTLE ATTENTION.

LET ME STATE CATEGORICALLY, THAT I MOST VIGOROUSLY CONDEMN THESE TYPES OF VIOLENT CRIME, NOT ONLY FOR THE CRIME ITSELF, BUT ALSO FOR THE BAD NAME IT GIVES THE REST (THE OVERWHELMING MAJORITY) OF LAW-ABIDING LEGAL FIREARM OWNERS !

THE FULL FORCE OF THE LAW SHOULD COME DOWN ON ANY PERSON WHO COMMITS A VIOLENT CRIME, ESPECIALLY WITH THE USE OF A FIREARM.

ONE SHOULD NOT GENERALISE. HOWEVER, THE ANTI-GUN LOBBY WILL HAVE YOU BELIEVE THAT ALL GUNS ARE DANGEROUS, AND THAT ALL GUNOWNERS ARE A POTENTIAL THREAT TO THEIR NEIGHBOURS AND FELLOW CITIZENS.

THIS REMINDS ME OF THE RECENT CONTROVERSY SURROUNDING THE TV SERIES "BECKETT’S TREK".

THE OWNER OF A FREE STATE BED & BREAKFAST DID NOT ALLOW "BLACKS" TO SLEEP IN THE HOUSE, BECAUSE "THEY SMOKE AND ARE NOISY".

OF COURSE THIS WAS A GENERALISATION OF THE WORST KIND.

BECKETT’S DRIVER HAD TO SLEEP IN THE OUTHOUSE.

LAW-ABIDING LEGAL GUNOWNERS ARE STIGMATISED IN A SIMILAR FASHION.

BECAUSE MANY CRIMINALS USE FIREARMS TO COMMIT MURDERS, ROBBERIES, HI-JACKINGS, AND ENGAGE IN GANG AND TAXI/TRANSPORT WARFARE, ALL FIREARM OWNERS HAVE BECOME STIGMATISED.

IT MUST BE UNDERSTOOD THAT FIREARMS USED IN THE VAST MAJORITY OF CRIMES ARE ILLEGAL FIREARMS.

THESE ARE SMUGGLED IN FROM ABROAD, STOLEN FROM THE ARMY, POLICE, SECURITY GUARDS AND, TO A SMALL EXTENT, FROM PRIVATE INDIVIDUALS.

(IN THE RECENT ATTACKS ON THE GOLDEN ARROW BUSSES, AUTOMATIC RIFLES WERE USED – THESE COULD NOT HAVE BEEN STOLEN FROM A PRIVATE INDIVIDUAL.)

FIREARMS OWNERSHIP BY INDIVIDUALS CAN BE CATEGORISED AS FOLLOWS:

1. PRIVATE
2. CRIMINAL
3. WARFARE

FARMERS AND PROFESSIONAL HUNTERS HAVE RIFLES FOR HUNTING, CULLING EXCESS GAME OR ERADICATING VERMIN (E.G. ANIMALS AFFECTED BY RABIES).

MANY CITY DWELLERS OWN RIFLES AND SHOTGUNS PRIMARILY FOR HUNTING OR SPORTING ACTIVITIES.

SPORTING GUNS ARE USED FOR FORMAL TARGET SHOOTING, BENCHREST, FALLING PLATE & SILHOUETTE, ETC. SHOTGUNS ARE USED FOR CLAY-TARGETS OR BIRDING. HANDGUNS ARE USED FOR MOST OF THE SPORTING ACTIVITIES.

MANY PEOPLE OWN HANDGUNS AND SHOTGUNS FOR SELF-DEFENCE.

ULTIMATELY, THERE ARE MANY COLLECTORS, WHO OWN FIREARMS BECAUSE OF THE FINE WORKMANSHIP, THE RARITY, AND THE BEAUTY OF SOME FIREARMS.

1. CRIMINALS HAVE FIREARMS (USUALLY ILLEGAL) FOR THE PURPOSE OF COMMITTING CRIMES!
2. WARLORDS, REVOLUTIONARIES, SECESSIONISTS, GANGSTERS HAVE EXCESS MILITARY FIREARMS

THESE MAY BE LEFT-OVERS FROM THE LIBERATION WARS, OR MAY HAVE BEEN OBTAINED FROM ARMS DEALERS AND ARMS SMUGGLERS. THESE FIREARMS ARE USED IN THE CONFLICTS IN ANGOLA, CONGO, SUDAN, SIERRA LEONE ETC.

11.(1)(a)

THIS WAS READ OUT, BUT NOT INCLUDED IN THE ORIGINAL SUBMISSION.

MY MAIN OBJECTIONS TO THE BILL ARE AS FOLLOWS:

1. CHAPTER 2 – 4.(3).(a) (Page 11 of my submission)

POWER OF THE MINISTER TO PROHIBIT TYPES OF FIREARMS

The Minister may, by notice in the Gazette, declare any other firearm of a specific type to be a prohibited firearm.

THE POWER GIVEN TO THE MINISTER IS FAR TOO GREAT, GIVEN THAT THE BILL CLOSELY PRESCRIBES THE TYPES OF WEAPONS THAT ARE PROHIBITED.

ANY AMENDMENT OF THE BILL SHOULD BE ENACTED BY PARLIAMENT.

2. CHAPTER 20 – 150.(1).(a) (Page 25 of my submission)

REGULATIONS

The Minister may, by notice in the Gazette, make regulations regarding

1. anything that may or must be prescribed in terms of this Act….

THE REGULATIONS SHOULD BE PUBLISHED IN CONJUNCTION WITH THIS ACT, AS THEY COULD IMPACT ON THE INTERPRETATION OF THE ACT.

3. CHAPTER 6 – 17.(3).(a) (Page 15 of my submission)

LIMITATION ON NUMBER OF FIREARMS

Subject to paragraphs (b), (c) and (d), no person may hold more than four firearms.

THERE SHOULD BE NO ABSOLUTE LIMIT ON THE NUMBER OF FIREARMS A PERSON MAY HOLD.

A QUALIFIED PERSON SHOULD BE PERMITTED TO HOLD LICENCES FOR MORE THAN FOUR FIREARMS. IF IT APPEARS THAT AN UNREASONABLE NUMBER IS HELD, THE PARTICULAR PERSONAL CIRCUMSTANCES SHOULD BE REVIEWED.

4. CHAPTER 10 – 94 (1) and (2). (Page 22 of my submission) and

MEMORANDUM OF OBJECTIVES 2.7 (Page 10 " " " )

RESTRICTIONS ON POSSESSION OF AMMUNITION

No more than 200 cartridges may be held for each firearm, and

no more than 2,400 cartridges may be purchased during any 12 month period for each firearm.

THESE LIMITATIONS ARE UNREALISTIC FOR MANY ORDINARY SHOOTERS.

EVEN "OCCASIONAL" SPORTSHOOTERS CAN EASILY FIRE 500 TO 1,000 ROUNDS AT TARGETS, ETC.ON A WEEKEND, AND USE OVER 6,000 ROUNDS PER ANNUM.

IF ANY LIMITS ARE IMPOSED AT ALL, THEY SHOULD BE REVISED UPWARDS.

5. MEMORANDUM OF OBJECTIVES 2.2 (Page 9 of my submission)

RE-LICENCING OF FIREARMS

SHOW "NEED" FOR FIREARM ON RELICENCING.

"…provides for licences to have a limited life span….and the applicant will have to show that he / she still needs the firearm."

I COULD AGREE WITH A RE-REGISTRATION, FROM TIME TO TIME, FOR AUDIT PURPOSES, BUT NOT WITH RE-LICENCING.

IF THE LICENCE HOLDER IS IN GOOD STANDING, HE SHOULD NOT HAVE TO SHOW HIS "NEED" FOR THE FIREARM. THIS CAN BE VERY SUBJECTIVE, AND DIFFICULT TO PROVE.

HOW DOES THE OWNER OF SEVERAL MOTOR VEHICLES PROVE HIS NEED?

WHY DO VEHICLE OWNERS NOT HAVE TO PROVE THEIR "NEED", IN THIS COUNTRY WITH A HIGH FATALITY RATE FROM CAR ACCIDENTS ?

5. CHAPTER 6 – 15, 17 TO 20 (Page 13 of my submission)

DIFFERENT CLASSES OF FIREARM LICENCES

FIREARM OWNERSHIP SHOULD NOT BE CLASSIFIED ACCORDING TO PURPOSE.

THE APPLICANT QUALIFIES FOR THE FIREARM LICENCE, OR (S)HE DOES NOT.

THE CLASSIFCATION CAUSES AN UNNECESSARY ADMINISTRATIVE BURDEN ON THE REGISTRAR, AND DOES NOT SERVE A MEANINGFUL PURPOSE.

6. CHAPTER 6 – 18.5 & 19.5 (Pages 16 & 17 of my submission)

KEEPING OF REGISTERS AND SUBMISSION OF ANNUAL REPORTS BY SPORTING AND HUNTING ASSOCIATIONS ON ACTIVITIES OF MEMBERS.

THESE REQUIREMENTS ARE ADMINISTRATIVELY BURDENSOME, AND SERVE NO PARTICULAR PURPOSE, OTHER THAN TO "MAKE WORK" FOR CLUB ADMINISTRATORS AND FOR THE REGISTRAR.

WHO WILL REVIEW AND AUDIT ALL THIS INFORMATION, AND WHAT ACTION WILL BE TAKEN ON THE LICENCEE IF HE COMMITS ADMINISTRATIVE TRANSGRESSIONS?

ENOUGH INFORMATION IS AVAILABLE FROM THE CENTRAL FIREARMS REGISTER AND FROM THE TRADE (ON THE ACQUISITION OF FIREARMS AND THE PURCHASE OF AMMUNITION).

6. GENERAL

BY PROMULGATING THE NEW ACT, WITHOUT SUFFICIENT RESOURCES FOR POLICING, ADMINISTERING, CONTROLLING AND AUDITING THE IMPLEMENTATION OF THE ACT, NO POSITIVE RESULT CAN BE ACHIEVED IN THE "FIGHT AGAINST CRIME".

POSITIVE ASPECTS

7. CHAPTER 5 – 1.11.(1) & (2)

I AGREE WITH THE PRINCIPLE OF COMPETENCY TESTS FOR NEW APPLICANTS FOR FIREARMS. (BAR RESERVATIONS AS EXPRESSED IN THE SUBMISSION)

8. CHAPTER 17 – 127.(1)(g) (Page 24 of my submission)

The Registrar must: conduct public education programmes …and all other matters relating to the safe possession and use of firearms;…

I AGREE THAT THERE IS A DEFINITE NEED FOR SUCH PROGRAMMES.

THIS SHOULD INCLUDE PUBLIC SUPPORT FOR THE CONSTRUCTION OF SHOOTING AND TARGET RANGES, AND THE ACTIVE SUPPORT OF SHOOTING AND HUNTING ACTIVITIES.

THIS CONCLUDES MY MAIN OBJECTIONS TO THE PROPOSED BILL, AND A SUMMARY OF MY SUBISSION, PRESENTED ON BEHALF OF ALL "JOHN & JANE CITIZEN’s", WHO ARE LICENCED FIREARMS OWNERS.

H.D. LÜTHI

15 August, 2000