OUTLINE OF FIREARMS CONTROL REGULATIONS
(The outline will be updated from time to time, and detailed text will
be added as it becomes available.
Persons wishing to attend the public consultations on the regulations
are advised to download the latest version a few days before date of the
relevant consultation. It is envisaged
that public debate and submissions will be continued after the first round of
public consultations. Details will be
available on this website at that stage.)
1. In these Regulations
(including the Schedules) "the Act" means the Firearms Control Act,
2000 (Act No. of 2000), and any word
or expression to which a meaning has been assigned in the Act, shall bear the
meaning so assigned to it and, unless the context otherwise indicates -
“police
station” includes any police office designated by the Registrar at which a
function in terms of this Act specified by the Registrar may be exercised;
"private
collector of firearms or ammunition" means a person who
collects, or intends to collect, firearms or ammunition, whether antique or
modern, with the object to keep or to dispose of the arms and ammunition as a
private collection by reason of their present or future value as a collection,
and who by reason thereof desires an accreditation as a private collector of firearms or ammunition in terms of this Act;
“public collection” means a collection of
firearms or ammunition intended to be displayed to the public;
"public collector
of firearms or ammunition" means a person who collects, or intends to
collect, firearms or ammunition, whether antique or modern, with the object to
keep or to dispose of the firearms or ammunition as a public collection by
reason of their present or future value as a collection, and who by reason
thereof desires an accreditation as a
public collector of firearms or ammunition
in terms of this Act;
"safe, strongroom, device, apparatus
or instrument for the safe-keeping of a firearm" means a safe,
strongroom, device, apparatus or instrument for the safe-keeping of a firearm
which complies with the requirements set out in these Regulations;
2. Applications for competency certificates, licences, permits,
authorisations, and renewals or extensions thereof
§
Name
§
Address
§
ID/permanent residence
§
Physical address
§
Postal address
§
Fingerprints
§
Name of Corporate/incorporeal entity
§
Registration number of incorporation (where applicable)
§
Certificate/Proof of incorporation/existence as entity
§
Name and ID of all directors/trustees/members etc
§
Physical address
§
Postal address
§
Type of firearm
(handgun/shotgun/rifle)
§
Certificate of accredited training institution
o
Prescribed practical training
o
Prescribed knowledge of the Act
To trade in firearms
§
Type of firearms (All/handguns/shotguns/rifles)_
§
Certificate of accredited training institution
o
Prescribed practical training
·
To possess
·
To deal in
o
Prescribed knowledge of the Act
·
To possess
·
To deal in
To Manufacture firearms
§
Type of firearms (All/handguns/shotguns/rifles)_
§
Certificate of accredited training institution
o
Prescribed practical training
·
To possess
·
To deal in
·
To manufacture
o
Prescribed knowledge of the Act
·
To possess
·
To deal in
·
To manufacture
To conduct business as a
gunsmith
§
Type of firearms (All/handguns/shotguns/rifles)_
§
Certificate of accredited training institution
o
Prescribed practical training
·
To possess
·
To conduct business as a gunsmith
o
Prescribed knowledge of the Act
·
To possess
·
To conduct business as a gunsmith
o
Reason/factual basis
o
Particulars of firearm
o
Exceptional reason
o
Particulars of firearm
Occassional hunting and sports-shooting
o
Reason/factual basis
o
Particulars of firearm
o
Certificate from accredited hunters’ association
o
Particulars of firearm
o
Reason/factual basis
o
Certificate from accredited collectors’ association
o
Particulars of firearms
o Reason/factual
basis
o Certificate from accredited collectors’ association
o Particulars of firearms
o Address of
premises
o Specific business
purpose of firearms
o Particulars of
firearm
o Whether other
persons than applicant will have access to the firearms, and for what purpose
General
application (Chapter 7 part 1)
·
Address of business premises
·
Particulars of types of firearms
Removal
of business to new premises (37)
o Date of change
o New address of
business premises
General
application (Chapter 7 part 2)
o Address of
business premises
o Particulars of
types of firearms
Removal
of business to new premises (51)
o Date of change
o
New address of business premises
General
(Chapter 7 part 3)
o Address of
business premises
Removal
of business to new premises (65)
o Date of change
o
New address of business premises
Renewal of licences (24, 35)
o Confirm
identification particulars
o Confirm
continuing possession
o Confirm that no
reason exists for not having licence renewed (has not become unfit)
o Application to be
handed in 90 days before expiry of existing licence
o Applications
handed in after due date, but before expiry of existing licence
o Applications
handed in after expiry of existing licence to be regarded as a new application
o Reason/factual
basis
o Certificate from
accredited collectors’ association
o Particulars of
ammunition
o Reason/factual
basis
o Certificate from
accredited collectors’ association
o Particulars of
ammunition
Import, Export
and In-Transit (Chapter 8)
Renewal, or extension of permits (no section in Act)
Application for copy of documentation
that has been defaced lost or stolen
As a provider of
security services for its own business (1(xxxi)(b))
As a shooting range
where unrestricted amounts of ammunition may be bought and fired, subject to a valid
dealer’s licence
As a shooting range
where collectors may discharge their firearms
As a hunters’
association
As a sport-shooting
association
As a training
institution
As a collectors’
association
o Allocation of
numbers and codes
o Main parts to be
identified
o Method of
identification
6. Work reserved for a
gunsmith (59(e))
o Additional work
reserved for a gunsmith
o Destruction of
firearms by state
§
Procedure to be followed
o Voluntary
destruction of firearms by gunsmith
§
Prior approval of registrar
§
Right of state to identify firearm and subject to tests before
destruction
§
Presence of DFO at destruction
§
Presence of owners at destruction
9. Requirements for safekeeping of firearms and ammunition
o Safekeeping at home address
o Safekeeping while traveling
o Safekeeping at airports
o Safekeeping at banks
o Safekeeping at firearm-free zones
o Safekeeping in vehicles
o Safekeeping on public transport
o Safekeeping during commercial flights
o Safekeeping in businesses
o Safekeeping at premises of
§ Dealer in firearms and ammunition
§ Manufacturer
§ Gunsmith
10. Storage (83)
o Institutions authorised to supply
storage
o Requirements for the physical
facility
o Requirement of limited access and
control
11. Transport (83)
PERMIT FOR TRANSPORTATION OF FIREARMS AND AMMUNITION
.(1) A carrier who transports firearms and ammunition may only transport the firearms and ammunition if -
(a) he has obtained the written consent of the licence holder or other legally entitled person in respect of the firearms and ammunition; and
(b) he has obtained a permit in respect of the transport of the firearms and ammunition.
(2) (a) Application for a permit to transport firearms and ammunition as a carrier must be made on ***** (Schedule ####), and handed to the DFO of the area wherein the owner of the firearms and ammunition resides, or in the case of a business or other legal entity where it has its main place of business
(b) A Carrier’s permit authorises the carrier and all the personnel in his or her employ to receive, transport, store and deliver a consignment of firearms or ammunition
© The Registrar may specify any conditions for the reception, carriage and delivery of the firearms and ammunition on the permit for the safe and efficient transportation thereof.
(d) The permit shall specify the firearms and ammunition to which it has application, the period wherein the transportation is to take place, the method by which the transportation is to take place, safety measures required by the Registrar to be in place, the route that is to be followed in the transportation, and the purpose of the transportation .
(3) A carrier who so transports firearms and ammunition shall at the time of such transport be in possession of -
(a) a consignment-note on which the following particulars appear :
(i) The name and address of the carrier;
(ii) The name and address of the consignor or licence holder or other legally entitled person in respect of the firearms and ammunition;
(iii) Full particulars in respect of the firearms and ammunition which is transported; and
Particulars regarding the origin and destination of the firearms and ammunition which is transported;
(c) the permit authorising the transportation of such firearms and ammunition
(d) the written consent referred to in paragraph (1)(a) above
(e) any other document which may under this regulation or any other law be required,
and shall produce the documents referred to above, as well as the firearms and ammunition, on request to a policeman for inspection.
(4) Where a carrier is obliged to store the firearms or ammunition for any period of time, after reception and before delivery, such storage must conform to the requirements for storage set out in regulation 10, unless the consignment is en route and at all times under the direct supervision of the Carrier or his or her personnel.
13. Registers,
data-bases, and workstation links
To be kept by the Registrar
To be kept by
other parties
Workstation links
14. Appeal
Board (129) and right of appeal (133)
o Right of owner to
surrender firearm and ammunition
§
State may dispose of such firearms
o Surrendering of
firearms and ammunition by persons not legally possessing such firearms and
ammunition
§
In terms of an amnesty
§
By a public body or organization during a campaign to decrease firearms
held illegally
§
By other persons
§
Procedure to be followed
§
State must dispose of such firearms
16. Production and discharge of firearms for identification purposes
o Where deemed necessary by the Registrar
Schedules (forms)
APPLICATIONS
Occassional hunting and
sports-shooting Dedicated
hunting and sports-shooting
DOCUMENTS
Competency certificate
Occassional hunting and sports-shooting