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Firearm Control Act

FIREARMS CONTROL ACT 60 OF 2000

(ASSENTED TO 4 APRIL 2001)

(English text signed by the President)

                                            ACT
To establish a comprehensive and an effective system of firearms control; and to provide for matters  connected therewith.
                                  ARRANGEMENT OF ACT
Preamble
     Section
                                         CHAPTER 1
                              INTRODUCTORY PROVISIONS
          1.      Definitions
          2.      Purpose of Act
                                         CHAPTER 2
                                       PROHIBITIONS
          3.      General prohibition in respect of firearms
          4.      Prohibited firearms
                                         CHAPTER 3
              SPECIAL PROVISIONS IN RESPECT OF CERTAIN DEVICES
          5.      Devices not firearms for purposes of this Act
                                         CHAPTER 4
    COMPETENCY CERTIFICATES, LICENCES, PERMITS, AUTHORISATIONS AND
                                    ACCREDITATIONS
          6.      Competency certificates, licences, permits or authorisations
          7.      Applications by persons other than natural persons
          8.      Accreditation
                                         CHAPTER 5
                              COMPETENCY CERTIFICATES
          9.      Application for competency certificate
         10.     Competency certificate
                                         CHAPTER 6
                             LICENCE TO POSSESS FIREARM
         11.     Separate licence in respect of each firearm
         12.     Additional licences
         13.     Licence to possess firearm for self-defence
         14.     Licence to possess restricted firearm for self-defence
         15.     Licence to possess firearm for occasional hunting and sports-shooting
         16.     Licence to possess firearm for dedicated hunting and dedicated sports-
                   shooting
         17.     Licence to possess firearm in private collection
         18.     Permit to possess ammunition in private collection
         19.     Licence to possess firearm, and permit to possess ammunition, in public
                   collection
         20.     Licence to possess firearm for business purposes
         21.     Temporary authorisation to possess firearm
         22.     Holder of licence may allow another person to use firearm
         23.     Identification marks on firearms
         24.     Renewal of firearm licences
         25.     Notification of change of address
         26.     Notification of change of circumstances
         27.     Period of validity of licence or permit
         28.     Termination of firearm licence
         29.     Defaced, lost or stolen licences, permits and authorisations
         30.     Central firearms database
                                          CHAPTER 7
    LICENCES ISSUED TO PARTICULAR CATEGORIES OF PERSONS – DEALERS,
                          MANUFACTURERS AND GUNSMITHS
                                            PART 1
                                           DEALERS
         31.     Prohibition of unlicensed trading in firearms or ammunition
         32.     Requirements for dealer’s licence
         33.     Conditions imposed on dealer
         34.     Dealer’s licence
         35.     Renewal of dealer’s licence
         36.     Temporary authorisation to trade in firearms and ammunition on premises
                   other than those specified in dealer’s licence
         37.     Change of premises
         38.     Notification of change of circumstances
         39.     Duties of dealer
         40.     Establishment of centralised dealers database
         41.     Suspension of dealer’s licence
         42.     Termination of dealer’s licence
         43.     Application of other laws
         44.     Defaced, lost or stolen licences
                                            PART 2
                                    MANUFACTURERS
         45.     Prohibition of unlicensed manufacture of firearms and ammunition
         46.     Requirements for manufacturer’s licence
         47.     Conditions imposed on manufacturer
         48.     Manufacturer’s licence
         49.     Renewal of manufacturer’s licence
         50.     Temporary authorisation to display firearms and ammunition on premises
                   other than those specified in manufacturer’s licence
         51.     Change of premises
         52.     Notification of change of circumstances
         53.     Duties of manufacturer
         54.     Establishment of centralised manufacturers database
         55.     Suspension of manufacturer’s licence
         56.     Termination of manufacturer’s licence
         57.     Application of other laws
         58.     Defaced, lost or stolen licences
                                            PART 3
                                        GUNSMITHS
         59.     Prohibition of certain work
         60.     Requirement for gunsmith’s licence
         61.     Conditions imposed on gunsmith
         62.     Gunsmith’s licence
         63.     Renewal of gunsmith’s licence
         64.     Temporary authorisation to conduct business as gunsmith on premises other
                   than those specified in gunsmith’s licence
         65.     Change of premises
         66.     Notification of change of circumstances
         67.     Duties of gunsmith
         68.     Establishment of centralised gunsmiths database
         69.     Suspension of a gunsmith’s licence
         70.     Termination of gunsmith’s licence
         71.     Application of other laws
         72.     Defaced, lost or stolen licences
                                         CHAPTER 8
 IMPORT, EXPORT AND CARRIAGE IN-TRANSIT OF FIREARMS AND AMMUNITION
         73.     Prohibition of import, export or carriage in-transit of firearms and ammunition
                   without permit
         74.     Requirements for import, export or in-transit permit
         75.     Conditions imposed on holder of permit
         76.     Import, export or in-transit permit
         77.     Permit constitutes licence to possess firearm or ammunition
         78.     Duties of holder of permit
         79.     Establishment of central importers and exporters database
         80.     Suspension of import, export and in-transit permits
         81.     Termination of import, export and in-transit permits
         82.     Defaced, lost or stolen permits
                                         CHAPTER 9
    STORAGE, TRANSPORT AND CARRYING OF FIREARMS AND AMMUNITION
         83.     Storage and transport of firearms and ammunition
         84.     Carrying of firearm in public place
         85.     Firearm transporter’s permit
         86.     Conditions imposed on transporter of firearm
         87.     Duties of holder of permit
         88.     Cancellation of firearms transporter’s permit
         89.     Records to be kept
                                          CHAPTER 10
                 CONTROL OF AMMUNITION AND FIREARM PARTS
         90.     Prohibition of possession of ammunition
         91.     Restrictions on possession of ammunition
         92.     Prohibitions and restrictions on use of certain ammunition
         93.     Loading or reloading of ammunition
         94.     Prohibition of possession of firearm parts
                                          CHAPTER 11
                                         EXEMPTIONS
         95.     Definitions
         96.     Exemptions
         97.     Conditions applicable to institution accredited by Registrar
         98.     Possession and use of firearms by Official Institutions
         99.     Register to be kept by Official Institution
       100.     Establishment of central Official Institution firearms database
       101.     Official Institution’s workstations
                                          CHAPTER 12
            DECLARATION OF PERSONS AS UNFIT TO POSSESS FIREARM
       102.      Declaration by Registrar of person as unfit to possess firearm
       103.      Declaration by court of person to be unfit to possess firearm
       104.      Effect of declaration of unfitness
       105.      Proof of declaration
                                          CHAPTER 13
                                         INSPECTIONS
       106.      Production of licences and firearms for inspection
       107.      Duty to comply with request of police official or authorised person
       108.      Request for information
       109.      Inspection of premises
                                          CHAPTER 14
                                   SEARCH AND SEIZURE
       110.      Chapter 2 of Criminal Procedure Act, 1977, to apply
       111.      Search and seizure in course of policing operations in terms of South African
                    Police Service Act, 1995
       112.      Exercise of powers set out in section 37 of Criminal Procedure Act, 1977
       113.      Bodyprints and bodily samples
       114.      Ballistic testing
       115.      Inspection, search and seizure for inquiry or investigation (with special
                    warrant)
       116.      Incidental discovery
                                        CHAPTER 15
                                      PRESUMPTIONS
       117.      Presumptions of possession of firearm or ammunition
       118.      Presumptions relating to failure to report
       119.      Presumption of failure to take reasonable steps
                                        CHAPTER 16
                OFFENCES, PENALTIES AND ADMINISTRATIVE FINES
       120.      Offences
       121.      Penalties
       122.      Administrative fines
                                        CHAPTER 17
                            ORGANISATIONAL STRUCTURES
       123.      Registrar of Firearms
       124.      Functions of Registrar
       125.      Central Firearms Register
       126.      Certificate signed by Registrar to constitute prima facie evidence
       127.      Appointment and functions of Head of Office of Central Firearms Register
       128.      Establishment of Appeal Board
       129.      Conditions of service, remuneration and allowances of members of Appeal
                    Board
       130.      Quorum, meetings and procedure of Appeal Board
       131.      Administrative work of Appeal Board
       132.      Establishment of Ministerial Committees
                                        CHAPTER 18
                                     RIGHT OF APPEAL
       133.      Right of appeal
                                        CHAPTER 19
                                      COMPENSATION
       134.      Circumstances where no compensation is payable in respect of firearms and
                    ammunition forfeited to State
       135.      Circumstances where no compensation is payable in respect of firearms and
                    ammunition seized by State
       136.      No compensation payable where firearms or ammunition is destroyed by State
       137.      Application for compensation
                                        CHAPTER 20
    SPECIAL POWERS RELATING TO AMNESTIES AND FIREARM-FREE ZONES
       138.      Definition
       139.      Amnesty
       140.      Firearm-free zones
                                         CHAPTER 21
                                   GENERAL PROVISIONS
       141.      Delegation of powers and assignment of duties
       142.      Designation as police officials
       143.      Service of documents
       144.      Return of service
       145.      Regulations
       146.      Disposal of firearms in case of ceasing to carry on business
       147.      Disposal of firearms in case of death
       148.      Inherited firearms
       149.      Compulsory destruction of firearms by State
       150.      Deactivation of firearms
       151.      Jurisdiction of magistrates’ court
       152.      Act binds State
       153.      Repeal of laws
       154.      Short title and commencement
                                        SCHEDULE 1
                                TRANSITIONAL PROVISIONS
           1.     Existing licence to possess an arm
           2.     Existing dealer’s licences
           3.     Existing permit for importation or exportation of arms and ammunition
           4.     Existing permit for manufacture of arms and ammunition
           5.     Existing authorisations and certain existing permits
           6.     Person unfit to possess a firearm
           7.     Register in terms of previous Act to be kept by Registrar
           8.     Matters pending under previous Act
           9.     Investigations by Commissioner under previous Act
         10.      Consideration of validity of existing licence, permit and authorisation
         11.      Renewal of licence
                                         SCHEDULE 2
     CRIMES AND OFFENCES GIVING RISE TO UNFITNESS ENQUIRY BY COURT
                                         SCHEDULE 3
                                       LAWS REPEALED
                                         SCHEDULE 4
                                          PENALTIES
Preamble
       WHEREAS every person has the right to life and the right to security of the
       person, which includes, among other things, the right to be free from all forms of
       violence from either public or private sources;
       Copyright Juta & Company Limited
       AND WHEREAS the adequate protection of such rights is fundamental to the
       well-being and social and economic development of every person;
       AND WHEREAS the increased availability and abuse of firearms and
       ammunition has contributed significantly to the high levels of violent crime in our
       society;
       AND WHEREAS the Constitution places a duty on the State to respect, protect,
       promote and fulfil the rights in the Bill of Rights;
       BE IT THEREFORE ENACTED by the Parliament of the Republic of South
       Africa, as follows:-
                                          CHAPTER 1
                             INTRODUCTORY PROVISIONS (ss 1-2)
1     Definitions
        In this Act, unless the context indicates otherwise-
        ‘accredit’ means accredit as contemplated in section 8;
        ‘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;
               [Date of commencement of definition of ‘airgun’: 1 June 2001.]
        ‘ammunition’ means a primer or complete cartridge;
           [Date of commencement of definition of ‘ammunition’: 1 June 2001.]
        ‘antique firearm’ means any muzzle loading firearm manufactured before 1
        January 1900, or any replica of such a firearm;
          [Date of commencement of definition of ‘antique firearm’: 1 June 2001.]
        ‘Appeal Board’ means the Appeal Board established by section 128;
        ‘cartridge’ means a complete object consisting of a cartridge case, primer,
        propellant and bullet;
             [Date of commencement of definition of ‘cartridge’: 1 June 2001.]
        ‘competency certificate’ means a competency certificate contemplated in
        Chapter 5;
        ‘dealer’ means any person who is licensed in terms of this Act to trade in firearms
        and ammunition;
        ‘dedicated hunter’ means a person who actively participates in hunting activities
        and who is a member of an accredited hunting association;
        ‘dedicated sports person’ means a person who actively participates in sports-
        shooting and who is a member of an accredited sports-shooting organisation;
        ‘Designated Firearms Officer’ means a police official contemplated in section
        124 (2) (h);
        ‘firearm’ means any-
          (a)  device manufactured or designed to propel a bullet or projectile through a
                 barrel or cylinder by means of burning propellant, at a muzzle energy
                 exceeding 8 joules (6 ft-lbs);
          (b)  device manufactured or designed to discharge rim-fire, 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)  device manufactured to discharge a bullet or any other projectile of .22
                 calibre or higher 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 paragraphs (a), (b), (c)
                 or (d),
                 but does not include any device contemplated in section 5;
              [Date of commencement of definition of ‘firearm’: 1 June 2001.]
        ‘fully automatic’ means capable of discharging more than one shot with a single
        depression of the trigger;
        ‘gunsmith’ means any person who performs work contemplated in section 59, but
        who does not manufacture firearms;
        ‘handgun’ means a pistol or revolver which can be held in and discharged with
        one hand;
        ‘imitation firearm’ means anything that has the appearance of a firearm but is
        not capable of operating as such and cannot by superficial examination be identified as an
        imitation;
        ‘juristic person’ includes a partnership and any other association of persons;
        ‘load’ includes reload, and ‘loading’ has a corresponding meaning;
        ‘Minister’ means the Minister of Safety and Security;
        ‘National Commissioner’ means the National Commissioner of the South
        African Police Service, appointed in terms of section 207 (1) of the Constitution;
        ‘occasional hunter’ means any person who, from time to time, participates in
        hunting activities but who is not a member of an accredited hunting association;
        ‘occasional sports person’ means any person who, from time to time, participates
        in sports-shooting but who is not a member of an accredited sports-shooting organisation;
        ‘police official’ means-
          (a)   a member of the South African Police Service as defined in section 1 of
                the South African Police Service Act, 1995 (Act 68 of 1995), and a
                member of any municipal police service established in terms of that Act;
          (b)   a person designated by the Minister as a police official under section 142;
                and
          (c)   a member of the South African National Defence Force deployed in co-
                operation with the South African Police Service;
           [Date of commencement of definition of ‘police official’: 1 June 2001.]
        ‘prescribed’ means prescribed by regulation;
        ‘previous Act’ means the Arms and Ammunition Act, 1969 (Act 75 of 1969);
        ‘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;
        ‘public collector’ means a person who collects firearms or ammunition for
        display to the public and is accredited as such;
        ‘Registrar’ means the person referred to in section 123;
        ‘regulation’ means a regulation made under section 145;
        ‘restricted firearm’ means any firearm contemplated in section 14 (1);
        ‘security company’ means a person who-
          (a)   renders a security service as defined in section 1 of the Security Officers
                Act, 1987 (Act 92 of 1987); or
          (b)   is accredited as a provider of security services for its own business;
        ‘security officer’ means any person who is employed by a security company;
        ‘semi-automatic’ means self-loading but not capable of discharging more than
        one shot with a single depression of the trigger;
        ‘this Act’ includes any regulation;
        ‘transfer’ includes selling, letting, donating, lending or otherwise parting with
        possession.
2     Purpose of Act
       The purpose of this Act is to-
         (a)    enhance the constitutional rights to life and bodily integrity;
         (b)    prevent the proliferation of illegally possessed firearms and, by providing
                  for the removal of those firearms from society and by improving control
                  over legally possessed firearms, to prevent crime involving the use of
                  firearms;
         (c)    enable the State to remove illegally possessed firearms from society, to
                  control the supply, possession, safe storage, transfer and use of firearms
                  and to detect and punish the negligent or criminal use of firearms;
         (d)    establish a comprehensive and effective system of firearm control and
                  management; and
         (e)    ensure the efficient monitoring and enforcement of legislation pertaining
                  to the control of firearms.
                       [Date of commencement of s. 2: 1 June 2001.]
                                            CHAPTER 2
                                     PROHIBITIONS (ss 3-4)
3     General prohibition in respect of firearms
       No person may possess a firearm unless he or she holds a licence, permit or
       authorisation issued in terms of this Act for that firearm.
4     Prohibited firearms
       (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 17, 18 (5),
             19 and 20 (1) (b):
         (a)    Any fully automatic firearm;
         (b)    any gun, cannon, recoilless gun, mortar, light mortar or launcher
                  manufactured to fire a rocket, grenade, self-propelled grenade, bomb or
                  explosive device;
         (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;
         (e)    any imitation of any device contemplated in paragraph (a), (b), (c), or (d);
         (f)     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 calibre 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;
               (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) (f) (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 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 then sitting, and if Parliament is not
              sitting, within seven days after the commencement of the next sitting.
         (c) A notice contemplated in paragraph (a) is of full force and effect until
              withdrawn by the Minister or by a resolution of Parliament.
                                             CHAPTER 3
                SPECIAL PROVISIONS IN RESPECT OF CERTAIN DEVICES (s 5)
5      Devices not firearms for purposes of this Act
         (1) For purposes of this Act, the following devices are not regarded as firearms:
           (a)  Any explosive powered tool manufactured specifically for use 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;
           (i)   a flare gun;
           (j)   a deactivated firearm; and
           (k)  any other device which the Minister may, by notice in the Gazette,
                 exempt.
         (2) A notice contemplated in subsection (1) (k) 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.
         (3) A notice contemplated in subsection (1) (k) is of full force and effect until
               withdrawn by the Minister or by a resolution of Parliament.
                        [Date of commencement of s. 5: 1 June 2001.]
                                             CHAPTER 4
      COMPETENCY CERTIFICATES, LICENCES, PERMITS, AUTHORISATIONS AND
                                     ACCREDITATIONS (ss 6-8)
6      Competency certificates, licences, permits and authorisations
         (1) The Registrar may issue any competency certificate, licence, permit or
               authorisation contemplated in this Act-
           (a)  on receipt of an application completed in the prescribed form, including a
                 full set of fingerprints of the applicant; and
           (b)  if the applicant complies with all the applicable requirements of this Act.
         (2) Subject to section 7, no licence may be issued to a person who is not in
               possession of the relevant competency certificate.
         (3) Every application for a competency certificate, licence, permit or authorisation
          must be accompanied by such information as may be prescribed.
7       Applications by persons other than natural persons
         (1) When a juristic person wishes to apply for a licence, permit or authorisation in
         terms of this Act, it must nominate a natural person to apply on its behalf.
         (2) The person so nominated must be identified on the licence, permit or
          authorisation as the responsible person.
         (3) A responsible person who holds any licence, permit or authorisation issued in
          terms of this Act pursuant to an application contemplated in subsection (1) on behalf of
          the juristic person must for purposes of this Act be regarded as the holder of the licence
          in question.
         (4) If it becomes necessary to replace a responsible person for any reason, the
          juristic person must nominate a new responsible person who must be in possession of the
          relevant competency certificate.
8       Accreditation
         (1) Any accreditation required in terms of this Act must be done by the Registrar
          in accordance with such regulations as may be prescribed.
         (2) The regulations contemplated in subsection (1) may set out different sets of
          criteria, in respect of different accreditations, which the Registrar must apply when
          issuing an accreditation and which criteria must at least include criteria relating to-
          (a)    trustworthiness and integrity;
          (b)    suitability to perform the relevant functions in terms of this Act;
          (c)    capacity to serve the purpose of the accreditation; and
          (d)    capacity to advance the purposes of this Act.
         (3) The Registrar may cancel an accreditation if there is no longer compliance
          with any criterion for accreditation.
                                            CHAPTER 5
                              COMPETENCY CERTIFICATES (ss 9-10)
9      Application for competency certificate
         (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 21 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 and sentenced to a period of imprisonment without the
                 option of a fine;
          (g)   has not been convicted, whether in or outside South Africa, of an offence
                 involving the unlawful use or handling of a firearm by him or her or
                 another participant to the offence, whether committed in or outside South
                 Africa;
          (h)   has not been convicted, whether in or outside South Africa, of an offence
                 involving-
               (i)      violence or sexual abuse, whether committed in or outside South
                        Africa, and sentenced to a period of imprisonment without the
                        option of a fine; or
              (ii)      physical or sexual abuse which occurred within a domestic
                        relationship as defined in section 1 of the Domestic Violence Act,
                        1998 (Act 116 of 1998), 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, and sentenced to a period of imprisonment without the
                option of a fine;
          (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,
                and sentenced to a period of imprisonment without the option of a fine;
          (l)   has not been convicted of an offence in terms of the Domestic Violence
                Act, 1998 (Act 116 of 1998), and sentenced to a period of imprisonment
                without the option of a fine;
         (m) has not been convicted of an offence involving the negligent handling of a
                firearm;
          (n)  has not been convicted of an offence in terms of the Explosives Act, 1956
                (Act 26 of 1956), and sentenced to a period of imprisonment without the
                option of a fine;
          (o) has not been convicted, whether inside or outside South Africa, of an
               offence involving sabotage, terrorism, public violence, arson, intimidation,
               rape, kidnapping or child stealing, whether committed in or outside South
               Africa;
         (p) has not become or been declared unfit to possess a firearm in terms of this
              Act or the previous Act;
         (q) has successfully completed the prescribed test on knowledge of this Act;
         (r)  has successfully completed the prescribed training and practical tests
               regarding the safe and efficient handling of a firearm; and
         (s)  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) includes any conspiracy, incitement
         or attempt to commit such offence, and means an offence in respect of which-
          (a)  a court has not made a determination that the person is not unfit to possess
                a firearm despite the conviction; and
          (b)  the sentence has been complied with 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 person became or was
         declared unfit, or the expiry of the period for which the declaration is valid, whichever
         occurs first.
        (5) (a) Despite subsection (2) (a), the Registrar may allow a person under the age
                  of 21 years to apply for a competency certificate if there are compelling reasons which
                  require the person to obtain a competency certificate 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.
        (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.
10     Competency certificate
        (1) A competency certificate must specify-
          (a)    whether it relates to competency to-
               (i)     possess a firearm;
               (ii)    trade in firearms;
              (iii)    manufacture firearms; or
              (iv)    conduct business as a gunsmith; and
          (b)    all the relevant tests successfully completed by the holder.
        (2) A competency certificate lapses after five years from its date of issue.
                                              CHAPTER 6
                            LICENCE TO POSSESS FIREARM (ss 11-30)
11     Separate licence in respect of each firearm
        (1) The Registrar must issue a separate licence in respect of each firearm licensed
         in terms of this Chapter.
        (2) Despite subsection (1), the Registrar may issue to a person a single document
         containing licences in respect of more than one firearm.
12     Additional licences
        (1) The Registrar may issue an additional licence in respect of a firearm
         contemplated in section 13, 14, 15 and 16 to every person who resides on the same
         premises as the holder of the licence in respect of the firearm in question.
         (2) Every holder of an additional licence must comply with all the requirements
         for the issue of a licence in respect of the firearm in question.
         (3) If the holder of an additional licence contemplated in subsection (1) moves
         from the premises in question, such additional licence lapses and the person to whom
         such licence was issued must return that licence to the Registrar forthwith.
13     Licence to possess firearm for self-defence
         (1) A firearm in respect of which a licence may be issued in terms of this section
          is any-
           (a)    shotgun which is not fully or semi-automatic; or
           (b)    handgun which is not fully automatic.
         (2) The Registrar may issue a licence under this section to any natural person
          who-
           (a)    needs a firearm for self-defence; and
           (b)    cannot reasonably satisfy that need by means other than the possession of
                    a firearm.
         (3) No person may hold more than one licence issued in terms of this section.
         (4) A firearm in respect of which a licence has been issued in terms of this section
          may be used where it is safe to use the firearm and for a lawful purpose.
14     Licence to possess restricted firearm for self-defence
         (1) For purposes of this Act, a restricted firearm is any-
           (a)   semi-automatic rifle or shotgun, which cannot readily be converted into a
                  fully automatic firearm; or
           (b)   firearm declared by the Minister, by notice in the Gazette, to be a
                   restricted firearm.
         (2) A notice contemplated in subsection (1) (b) 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.
         (3) A notice contemplated in subsection (1) (b) will be of full force and effect
          until withdrawn by the Minister or by a resolution of Parliament.
         (4) The Registrar may issue a licence in terms of this section to any natural person
          who shows that a firearm contemplated in section 13 (1) will not provide sufficient
          protection, and who submits reasonable information to motivate the need for a restricted
          firearm for self-defence purposes.
        (5) No person may hold more than one licence issued in terms of this section.
        (6) A firearm in respect of which a licence has been issued in terms of this section
         may be used where it is safe to use the firearm and for a lawful purpose.
15    Licence to possess firearm for occasional hunting and sports-shooting
        (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 or semi-automatic; or
          (c)    barrel, frame or receiver of a handgun, rifle or shotgun contemplated in
                  paragraph (a) or (b),
         and which is not a restricted firearm.
        (2) The Registrar may issue a licence in terms of this section to any natural person
         who is an occasional hunter or occasional sports person.
        (3) (a) Subject to paragraphs (b), (c) and (d), no person may hold more than four
         licences issued in terms of this section.
        (b) If a person holds a licence issued in terms of section 13, he or she may only
         hold three licences issued in terms of this section.
        (c) A person may not hold more than one licence in respect of a handgun
         contemplated in subsection (1) (a).
        (d) If a person contemplated in paragraph (a) holds any additional licences
         contemplated in section 12 in respect of a firearm contemplated in this section and
         section 13, 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 where it is safe to use the firearm and for a lawful purpose.
16    Licence to possess firearm for dedicated hunting and dedicated sports-shooting
        (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)    any 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 any natural person
         who is a dedicated hunter or dedicated sports person if the application is accompanied by
         a sworn statement or solemn declaration 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.
        (3) A firearm in respect of which a licence has been issued in terms of this section
         may be used where it is safe to use the firearm and for a lawful purpose.
        (4) Every accredited hunting association and 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.
17     Licence to possess firearm in private collection
        (1) (a) A firearm which may be possessed in a private collection is any firearm
         approved for collection by an accredited collectors association.
        (b) Despite section 4, such prohibited firearm as may be prescribed may be
         licensed under this section.
        (2) The Registrar may issue a licence in terms of this section to a private collector
         if the application is accompanied by a sworn statement or solemn declaration from the
         chairperson of an accredited collectors association, or someone delegated in writing by
         him or her, stating that the applicant is a registered member of that association.
        (3) The holder of a licence issued in terms of this section-
          (a)    must store the firearm at the place specified in the licence; and
          (b)    may only display the firearm in accordance with such safety measures as
                   may be prescribed.
        (4) A firearm in respect of which a licence has been issued in terms of this section
         may be used where it is safe to use the firearm and for a lawful purpose.
18     Permit to possess ammunition in private collection
        (1) Ammunition which may be possessed in a private collection is any
         ammunition approved for collection by an accredited collectors association.
        (2) (a) The Registrar may, subject to such regulations as may be prescribed, issue
         a permit in terms of this section to a private collector if the application is accompanied by
         a sworn statement or solemn declaration from the chairperson of an accredited collectors
         association, or someone delegated in writing by him or her, stating that the applicant is a
         registered member of that association.
        (b) A collector contemplated in paragraph (a) may not possess more than 200
         rounds of ammunition of any particular calibre unless the Registrar approves the
         possession of a higher number in writing.
        (3) The holder of a permit issued in terms of this section may not discharge any
         ammunition in his or her collection.
        (4) The holder of a permit issued in terms of this section-
          (a)   must store the ammunition at the place specified in the permit; and
          (b)   may only display the ammunition in accordance with such safety measures
                 as may be prescribed.
        (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 projectiles and cartridges have been
         removed or deactivated.
19    Licence to possess a firearm, and permit to possess ammunition, in public collection
        (1) The Registrar may issue a licence to possess a firearm in a public collection, a
         permit to possess ammunition in a public collection, or both such permit and licence, to a
         public collector.
        (2) Despite section 4-
          (a)   such prohibited firearm 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 projectiles and
                 cartridges have been removed or deactivated.
        (3) The holder of a permit contemplated in subsection (1) may not possess more
         than 200 rounds of ammunition of any particular calibre unless the Registrar approves the
         possession of a higher number in writing.
        (4) A firearm in respect of which a licence has been issued in terms of this section
         and ammunition in respect of which a permit has been issued in terms of this section,
         may only be displayed-
          (a)   in an accredited museum; and
          (b)   in accordance with such safety measures as may be prescribed.
        (5) A firearm in respect of which a licence has been issued in terms of this section
         may only be used on an accredited shooting range in accordance with the rules of that
         shooting range and in accordance with such conditions as the Registrar may impose.
        (6) The holder of a permit issued in terms of this section may not discharge any
         ammunition in his or her collection.
20    Licence to possess firearm for business purposes
        (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 hunter;
          (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; and
          (b)    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.
21     Temporary authorisation to possess firearm
        (1) The Registrar may issue a temporary authorisation to possess a firearm to any
         person, including a non-citizen-
          (a)    for such period as the Registrar may determine; and
          (b)    subject to such conditions as may be prescribed and imposed by the
                  Registrar.
        (2) The Registrar may at any time withdraw an authorisation if any condition
         contemplated in subsection (1) (b) is not complied with.
        (3) The Office of the Central Firearms Register must keep a record containing
         such information as may be prescribed in respect of all authorisations issued in terms of
         this section.
        (4) The Registrar must submit an annual report to the Minister containing such
         information as may be prescribed in respect of all authorisations issued in terms of this
         section.
        (5) A firearm in respect of which an authorisation has been issued in terms of this
         section may be used only-
          (a)    if the Registrar by endorsement on the authorisation permits such use; and
          (b)    in accordance with such conditions as may be prescribed and imposed by
                  the Registrar.
        (6) A firearm in respect of which an authorisation has been issued in terms of this
         section may be disposed of only with the written consent of the Registrar and subject to
         such conditions as he or she may impose.
22     Holder of licence may allow another person to use firearm
         Despite anything to the contrary in this Act but subject to section 120 (5), any
         person who is at least 21 years of age and the holder of a licence to possess a firearm
         issued in terms of this Act may allow any other person to use that firearm while under his
         or her immediate supervision where it is safe to use the firearm and for a lawful purpose.
23     Identification marks on firearms
         (1) No firearm licence may be issued unless the firearm bears the manufacturer’s
         serial number or any other mark by which the firearm can be identified.
         (2) The identification number must be stamped and the mark affixed in the
         prescribed manner on the barrel, frame or receiver of the firearm.
         (3) Despite subsections (1) and (2), the Registrar may, on good cause shown by
          the applicant and subject to such conditions as the Registrar may impose, issue a licence
          in respect of a firearm which does not comply with the provisions of those subsections.
         (4) The Registrar may direct that any firearm in respect of which an application
          for a licence has been made, be marked with such additional identification mark as he or
          she may determine.
         (5) No person may erase, alter or in any other manner tamper with the
          manufacturer’s serial number or any other identification mark on a firearm with the
          intention of changing the identity of the firearm.
         (6) A person who is in possession of a firearm of which the manufacturer’s serial
          number or other identification mark has been erased, altered or in any other manner
          tampered with or has become illegible, must forthwith notify the Registrar of such fact.
         (7) The Registrar may direct in writing that such firearm be marked with such
          identification mark as he or she may determine.
24     Renewal of firearm licences
         (1) The holder of a licence issued in terms of this Chapter who wishes to renew
          the licence must at least 90 days before the date of expiry of the licence apply to the
          Registrar for its renewal.
         (2) The application must be-
           (a)    accompanied by such information as may be prescribed; and
           (b)    delivered to the Designated Firearms Officer responsible for the area in
                   which the applicant ordinarily resides or in which the applicant’s business
                   is, as the case may be.
         (3) No application for the renewal of a licence may be granted unless the
          applicant shows that he or she has continued to comply with the requirements for the
          licence in terms of this Act.
        (4) If an application for the renewal of a licence has been lodged within the period
         provided for in subsection (1), the licence remains valid until the application is decided.
25     Notification of change of address
        (1) The holder of a licence, permit or authorisation issued in terms of this Chapter
         must in writing notify the Registrar of any change in his or her physical or postal address
         within 30 days of such change occurring.
        (2) The Registrar must within 30 days after receiving a notice referred to in
         subsection (1) acknowledge receipt of that notice in writing.
26     Notification of change of circumstances
        (1) The holder of a licence, permit or authorisation issued in terms of this Chapter
         must notify the Registrar in writing within 30 days if there is any change with regard to
         any information which was submitted in respect of the application for the issue of that
         licence, permit or authorisation.
        (2) The Registrar must within 30 days after receiving a notice referred to in
         subsection (1) acknowledge receipt of that notice in writing.
27     Period of validity of licence or permit
         A licence or permit mentioned in Column 2 of the Table below remains valid for
         the period mentioned in Column 3 of that Table.
            TABLE – PERIOD OF VALIDITY OF LICENCE OR PERMIT
  Section                             Type of licence or permit                        Period of
  number                                                                                validity
    13                        Licence to possess firearm for self-defence              Five years
    14                   Licence to possess restricted firearm for self-defence        Two years
    15          Licence to possess firearm for occasional hunting and sports-shooting  Ten years
    16         Licence to possess firearm for dedicated hunting and dedicated sports-  Ten years
                                               shooting
    17                      Licence to possess firearm in private collection           Ten years
    18                    Permit to possess ammunition in private collection           Ten years
    19         Licence to possess firearm, and permit to possess ammunition, in public Ten years
                                               collection
    20          Licence to possess firearm for business purposes: Business in hunting  Five years
    20        Licence to possess firearm for business purposes: Business other than in Two years
                                                hunting

28     Termination of firearm licence
        (1) A licence issued in terms of this Chapter terminates-
          (a)    upon the expiry of the relevant period contemplated in section 27, unless
                  renewed in terms of section 24;
          (b)    if surrendered by the holder of the licence to the Registrar;
          (c)    if the holder of the licence becomes or is declared unfit to possess a
                  firearm in terms of section 102 or 103; 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 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 holder of
         the licence must dispose of the firearm in question 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 firearm is not disposed of within 60 days, it must be forfeited to the
         State and the former holder of the licence 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.
29     Defaced, lost or stolen licences, permits and authorisations
        (1) If a licence, permit or authorisation issued in terms of this Chapter is lost or
          stolen, the holder of the licence, permit or authorisation must inform the Registrar of such
          loss or theft within 24 hours of the discovery of the loss or theft.
         (2) If a licence, permit or authorisation issued in terms of this Chapter is defaced,
          lost or stolen, the holder of the licence, permit or authorisation must within seven days of
          the discovery of the defacement, loss or theft apply to the Registrar in the prescribed form
          for a copy of the licence, permit or authorisation.
30     Central firearms database
         The Registrar must establish and maintain such central firearms database as may
         be prescribed.
                                             CHAPTER 7
        LICENCES ISSUED TO PARTICULAR CATEGORIES OF PERSONS – DEALERS,
                         MANUFACTURERS AND GUNSMITHS (ss 31-58)
                                                 Part 1
                                           Dealers (ss 31-44)
31     Prohibition of unlicensed trading in firearms or ammunition
          (1) No person may trade in any firearm or ammunition without a dealer’s licence.
          (2) Subject to subsection (3), a person who is not a dealer may dispose of a
         firearm or ammunition only through a dealer or as otherwise provided for in this Act.
          (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 on such conditions as
          the Designated Firearms Officer may determine.
32     Requirements for dealer’s licence
         (1) A dealer’s licence may be issued to a person who is a fit and proper person to
          trade in firearms or ammunition.
         (2) Any natural person who engages in trading on behalf of a dealer must hold a
          competency certificate to trade in firearms and ammunition.
33     Conditions imposed on dealer
         The Minister may prescribe-
           (a)    conditions in respect of the issue of a dealer’s licence which the Registrar
                   may impose on a dealer; and
           (b)    specifications in respect of the business premises of a dealer.
34     Dealer’s licence
         The dealer’s licence must-
          (a)    specify the premises in respect of which the licence is issued;
          (b)    specify the conditions contemplated in section 33; and
          (c)    contain such other information as may be prescribed.
35    Renewal of dealer’s licence
        (1) The holder of a dealer’s licence who wishes to renew the licence must at least
         90 days before the date of expiry of the licence apply in the prescribed form to the
         Registrar for its renewal.
        (2) The application must be-
         (a)    accompanied by such information as may be prescribed; and
         (b)    delivered to the Designated Firearms Officer responsible for the area in
                  which the applicant’s business premises are situated.
        (3) No application for the renewal of a dealer’s licence may be granted unless the
         applicant satisfies the Registrar that he or she still complies with the requirements for the
         licence in terms of this Act.
        (4) If an application for the renewal of a dealer’s licence has been lodged within
         the period provided for in subsection (1), the licence remains valid until the application is
         decided.
36    Temporary authorisation to trade in firearms and ammunition on premises other than those
        specified in dealer’s licence
        (1) The Registrar may issue a temporary authorisation to a dealer to trade in
         firearms and ammunition at premises other than those specified in the dealer’s licence.
        (2) The Minister may prescribe conditions which the Registrar may impose on a
         licensed dealer in respect of a temporary authorisation issued in terms of this section.
        (3) A temporary authorisation to trade in firearms and ammunition 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 dealer to whom a temporary authorisation has been issued must comply
         with the requirements of subsection (3).
37    Change of premises
        (1) A dealer may apply to the Registrar in the prescribed manner for removal of
        the business from the premises specified in the licence to different premises.
        (2) On receipt of the application referred to in subsection (1), the Registrar may
        endorse the licence or issue a new licence permitting the dealer to conduct the business
        from the new premises on such conditions as the Registrar may impose.
38    Notification of change of circumstances
        (1) The holder of a dealer’s licence must notify the Registrar in writing within 30
        days if there is any change with regard to any information which was submitted in respect
        of the application for the issue of that licence.
        (2) The Registrar must within 30 days after receiving a notice referred to in
         subsection (1) acknowledge receipt of that notice in writing.
39    Duties of dealer
        (1) A dealer may trade in firearms or ammunition only on premises specified in
         the dealer’s licence.
        (2) A dealer may not permit any person to trade in firearms or ammunition on his
         or her behalf unless that person is in possession of the appropriate competency certificate.
        (3) A dealer must keep such registers as may be prescribed and containing such
         information as may be prescribed at the premises specified in the dealer’s licence.
        (4) A dealer must keep his or her dealer’s licence on the premises specified in the
         licence.
        (5) A dealer must, at the request of any police official, produce for inspection-
          (a)    any firearms or ammunition that the dealer may have in stock;
          (b)    his or her dealer’s licence; and
          (c)    any register or electronic data kept by the dealer in terms of Part 1 of this
                  Chapter.
        (6) A dealer must establish and maintain a workstation which links the registers
         referred to in subsection (3) to the central dealers database in the prescribed manner.
        (7) The Registrar may, on good cause shown on application by a dealer, exempt
         the dealer from the duties referred to in subsection (6).
        (8) Any dealer exempted as contemplated in subsection (7) must submit weekly
         returns, completed in the prescribed form, to the Office of the Central Firearms Register.
        (9) A dealer must comply with any condition imposed under section 33 and
        specification prescribed under that section.
40    Establishment of centralised dealers’ database
        The Registrar must establish and maintain such central dealers’ database as may
        be prescribed.
41    Suspension of dealer’s licence
        (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) 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)  holder has been afforded an opportunity to make written representations to
                the Registrar;
          (b)  Registrar has given due consideration to the representations;
          (c)  Registrar deems it necessary in order to achieve the objects of this Act;
                and
          (d)  suspension has been confirmed by a court.
        (4) A dealer may not trade for the period during which the licence is suspended.
42    Termination of dealer’s licence
        (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 becomes or is declared unfit to possess a
                firearm in terms of section 102 or 103; 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 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 holder of
                   the licence 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 holder of the licence 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.
43    Application of other laws
        A licence issued in terms of Part 1 of this Chapter does not exempt the holder of
        the licence from having to comply with the provisions of any other law.
44    Defaced, lost or stolen licences
        (1) If a dealer’s licence is lost or stolen, the holder of the licence must inform the
        Registrar within 24 hours of the discovery of the loss or theft.
        (2) If a dealer’s licence is defaced, lost or stolen, the holder of the licence must
        within seven days of the discovery of the defacement, loss or theft apply to the Registrar
        in the prescribed manner for a copy of the licence.
                                                Part 2
                                        Manufacturers (ss 45-58)
45    Prohibition of unlicensed manufacture of firearms and ammunition
        (1) No person may manufacture any firearm or ammunition without a
        manufacturer’s licence.
        (2) A manufacturer may only sell firearms and ammunition to a dealer or to the
        State, and may export firearms and ammunition subject to section 73 (1).
46    Requirements for manufacturer’s licence
        (1) A manufacturer’s licence may be issued to a person who is a fit and proper
        person to manufacture firearms or ammunition.
        (2) The Registrar may only issue a manufacturer’s licence to-
          (a)  a manufacturer of firearms if the firearms are manufactured in a factory
                registered in terms of the Occupational Health and Safety Act, 1993 (Act
                85 of 1993); or
          (b)  a manufacturer of ammunition if the ammunition is manufactured in a
                factory licensed in terms of the Explosives Act, 1956 (Act 26 of 1956).
47    Conditions imposed on manufacturer
        The Minister may prescribe-
          (a)   conditions in respect of the issue of a manufacturer’s licence which the
                 Registrar may impose on a manufacturer; and
          (b)  specifications in respect of the business premises of a manufacturer.
48     Manufacturer’s licence
        A manufacturer’s licence must-
          (a)   specify the premises in respect of which the licence is issued;
          (b)   specify the conditions contemplated in section 47 which are to apply; and
          (c)   contain such other information as may be prescribed.
49     Renewal of manufacturer’s licence
        (1) The holder of a manufacturer’s licence who wishes to renew the licence must
        apply to the Registrar for its renewal in the prescribed form at least 90 days before the
        date of expiry of the licence.
        (2) The application must be-
          (a)  accompanied by such information as may be prescribed; and
          (b)  delivered to the Designated Firearms Officer responsible for the area in
                which the applicant’s business premises are situated.
        (3) No application for renewal of a manufacturer’s licence may be granted unless
        the applicant satisfies the Registrar that he or she has continued to comply with the
        requirements for the licence in terms of this Act.
        (4) If an application for the renewal of a manufacturer’s licence has been lodged
        within the period provided for in subsection (1), the licence remains valid until the
        application is decided.
50    Temporary authorisation to display firearms and ammunition on premises other than those
        specified in manufacturer’s licence
         (1) The Registrar may issue a temporary authorisation to a manufacturer to
         display firearms and ammunition at premises other than those specified in the
         manufacturer’s licence.
         (2) The Minister may prescribe conditions which the Registrar may impose on a
         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 manufacturer to whom a temporary authorisation has been issued must
         comply with the requirements of subsection (3).
51     Change of premises
         (1) A manufacturer may apply to the Registrar in the prescribed manner for
         removal of the business from the premises specified in the licence to different premises.
         (2) On receipt of the application referred to in subsection (1), the Registrar may
         endorse the manufacturer’s licence or issue a new licence permitting the manufacturer to
         conduct business from the new premises on such conditions as the Registrar may impose.
         (3) Section 46 (2) applies with the necessary changes to an application in terms of
         this section.
52    Notification of change of circumstances
        (1) The holder of a manufacturer’s licence must notify the Registrar in writing
        within 30 days if there is any change with regard to any information which was submitted
        in respect of the application for the issue of that licence.
        (2) The Registrar must within 30 days after receiving a notice referred to in
        subsection (1) acknowledge receipt of that notice in writing.
53    Duties of manufacturer
        (1) A manufacturer may manufacture firearms or ammunition only on premises
        specified in the licence.
        (2) A manufacturer must apply or affix such serial number or any other mark to
        any firearm manufactured by the manufacturer as may be prescribed.
        (3) A manufacturer must keep registers containing such information as may be
        prescribed at the premises specified in the manufacturer’s licence.
        (4) A manufacturer must keep his or her manufacturer’s licence on the premises
        specified in the licence.
        (5) A manufacturer must, at the request of any police official, produce for
        inspection-
          (a)  any firearms or ammunition that the manufacturer may have in stock;
          (b)  his or her manufacturer’s licence; and
          (c)  any register or electronic data kept by the manufacturer in terms of Part 2
                of this Chapter.
        (6) A manufacturer must in the prescribed manner establish and maintain a
        workstation which links the registers referred to in subsection (3) to the central
        manufacturers’ database.
        (7) A manufacturer must comply with the conditions specified in the
        manufacturer’s licence.
54    Establishment of centralised manufacturers’ database
        The Registrar must establish and maintain such central manufacturers’ database as
        may be prescribed.
55    Suspension of manufacturer’s licence
        (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
        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) 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)   holder has been afforded an opportunity to make written representations to
                 the Registrar;
          (b)  Registrar has given due consideration to the representations;
          (c)  Registrar deems it necessary in order to achieve the objects of this Act;
                and
          (d) suspension has been confirmed by a court.
        (4) A manufacturer may not conduct business as a manufacturer for the period
        during which the licence is suspended.
56    Termination of manufacturer’s licence
        (1) A manufacturer’s licence terminates-
          (a)   upon the expiry of one year from the date on which it was issued;
          (b)   if surrendered by the manufacturer to the Registrar;
          (c)   if the manufacturer becomes or is declared unfit to possess a firearm in
                 terms of section 102 or 103; or
          (d)   if cancelled in terms of this Act.
        (2) The Registrar may, by written notice, cancel a manufacturer’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 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 holder of
              the licence 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 holder of the licence 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.
57    Application of other laws
        A licence issued in terms of Part 2 of this Chapter does not exempt the holder of
        the licence from having to comply with the provisions of any other law.
58    Defaced, lost or stolen licences
        (1) If a manufacturer’s licence is lost or stolen, the holder of the licence must
        inform the Registrar within 24 hours of the discovery of the loss or theft.
        (2) If a manufacturer’s licence is defaced, lost or stolen, the holder of the licence
        must within seven days of the discovery of the defacement, loss or theft apply to the
        Registrar in the prescribed manner for a copy of the licence.
                                               Part 3
                                        Gunsmiths (ss 59-72)
59    Prohibition of certain work
        No person may, without being the holder of a gunsmith’s licence-
          (a)   alter the mechanism of a firearm so as to enable the discharging of more
                 than one shot with a single depression of the trigger;
          (b)   alter the calibre of a firearm;
          (c)   alter the barrel length of a firearm;
          (d)   alter or remove the serial number or any other identifying mark of a
                 firearm; or
          (e)   perform such other work as may be prescribed.
60     Requirement for gunsmith’s licence
        A gunsmith’s licence may be issued to a person who is a fit and proper person to
        perform the work contemplated in section 59.
61    Conditions imposed on gunsmith
        The Minister may prescribe-
          (a)   conditions in respect of the issue of a gunsmith’s licence which the
                 Registrar may impose on a licensed gunsmith; and
          (b)   specifications in respect of the business premises of a gunsmith.
62    Gunsmith’s licence
        A gunsmith’s licence must-
          (a)   specify the premises in respect of which the licence is issued;
          (b)   specify any of the conditions contemplated in section 61 which are to
                 apply; and
          (c)   contain such other information as may be prescribed.
63    Renewal of gunsmith’s licence
        (1) The holder of a gunsmith’s licence who wishes to renew the licence must
        apply to the Registrar for its renewal at least 90 days before the date of expiry of the
        licence.
        (2) The application must be-
          (a)   accompanied by such information as may be prescribed; and
          (b)   delivered to the Designated Firearms Officer responsible for the area in
                 which the applicant’s business premises are situated.
        (3) No application for renewal of a gunsmith’s licence may be granted unless the
        applicant satisfies the Registrar that he or she has continued to comply with the
        requirements for the licence in terms of this Act.
        (4) If an application for the renewal of a gunsmith’s licence has been lodged
        within the period provided for in subsection (1), the licence remains valid until the
        application is decided.
64   Temporary authorisation to conduct business as gunsmith on premises other than those
       specified in gunsmith’s licence
       (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).
65   Change of premises
       (1) A gunsmith may apply to the Registrar in the prescribed manner for removal
       of the business from the premises specified in the licence to different premises.
       (2) On receipt of the application referred to in subsection (1), the Registrar may
       endorse the gunsmith’s licence or issue a new licence permitting the gunsmith to conduct
       the business from the new premises on such conditions as the Registrar may impose.
66   Notification of change of circumstances
       (1) The holder of a gunsmith’s licence must notify the Registrar in writing within
       30 days if there is any change with regard to any information which was submitted in
       respect of the application for the issue of that licence.
       (2) The Registrar must within 30 days after receiving a notice referred to in
       subsection (1) acknowledge receipt of that notice in writing.
67   Duties of gunsmith
       (1) A gunsmith may conduct business as a gunsmith only on premises specified in
       the gunsmith’s licence.
       (2) A gunsmith must keep registers containing such information as may be
       prescribed at the premises specified in the gunsmith’s licence.
       (3) A gunsmith must keep his or her gunsmith’s licence on the premises specified
       in the licence.
       (4) A gunsmith must, at the request of any police official, produce for inspection-
          (a)    any firearms or ammunition that the gunsmith may have in his or her
                  possession;
          (b)    his or her gunsmith’s licence; and
          (c)    any register or electronic data kept by the gunsmith in terms of Part 3 of
                  this Chapter.
       (5) A gunsmith must in the prescribed manner establish and maintain a
       workstation which links the registers referred to in subsection (2) to the central
       gunsmiths’ database.
       (6) The Registrar may, on good cause shown on application by a gunsmith,
       exempt the gunsmith from the duties referred to in subsection (5).
       (7) Any gunsmith exempted as contemplated in subsection (6), must submit
       weekly returns, completed in the prescribed form, to the Office of the Central Firearms
       Register.
       (8) A gunsmith must comply with any condition imposed under section 61 and
       specifications prescribed under that section.
68   Establishment of centralised gunsmiths’ database
       The Registrar must establish and maintain such central gunsmiths’ database as
       may be prescribed.
69   Suspension of gunsmith’s licence
       (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
       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) 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)  holder has been afforded an opportunity to make written representations to
                the Registrar;
          (b)  Registrar has given due consideration to the representations;
          (c)  Registrar deems it necessary in order to achieve the objects of this Act;
                and
          (d)  suspension has been confirmed by a court.
        (4) A gunsmith may not conduct business as a gunsmith for such period as the
        licence is suspended.
70    Termination of gunsmith’s licence
        (1) A gunsmith’s licence terminates-
           (a)   upon the expiry of one year from the date on which it was issued;
           (b)   if surrendered by the gunsmith to the Registrar;
           (c)   if the gunsmith becomes or is declared unfit to possess a firearm in terms
                  of section 102 or 103; or
           (d)   if cancelled in terms of this Act.
        (2) The Registrar may, by written notice, cancel a gunsmith’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 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) If a notice contemplated in subsection (2) is issued, the former holder of the
        licence must dispose of any firearms and ammunition in his or her possession in such
        manner as the Registrar may determine.
71    Application of other laws
        A licence issued in terms of Part 3 of this Chapter does not exempt the holder of
        the licence from the obligation to comply with any other law.
72    Defaced, lost or stolen licences
        (1) If a gunsmith’s licence is lost or stolen, the holder of the licence must inform
        the Registrar within 24 hours of the discovery of the loss or theft.
        (2) If a gunsmith’s licence is defaced, lost or stolen, the holder of the licence must
        within seven days of the discovery of the defacement, loss or theft apply to the Registrar
        in the prescribed manner for a copy of the licence.
                                             CHAPTER 8
 IMPORT, EXPORT AND CARRIAGE IN-TRANSIT OF FIREARMS AND AMMUNITION (ss 73-
                                                  82)
73    Prohibition of import, export or carriage in-transit of firearms and ammunition without
        permit
        (1) No person may import into or export from South Africa any firearms or
        ammunition without an import or export permit issued in terms of this Act.
        (2) No person may carry in transit through South Africa any firearms or
        ammunition without an in-transit permit issued in terms of this Act.
74    Requirements for import, export or in-transit permit
        (1) An import, export or in-transit permit may be issued to a person who is a fit
        and proper person to hold such permit.
        (2) Unless the Registrar directs otherwise in writing, no import, export or in-
        transit permit may be issued in respect of any firearm or ammunition which does not bear
        the prescribed identification marks.
75    Conditions imposed on holder of permit
        The Minister may prescribe conditions which the Registrar may impose on the
         holder of a permit issued in terms of this Chapter.
76     Import, export or in-transit permit
        An import, export or in-transit permit must-
          (a)    specify the conditions contemplated in section 75; and
          (b)    contain such other information as may be prescribed.
77    Permit constitutes licence to possess firearm or ammunition
        (1) A permit for the import of a firearm or ammunition also constitutes a licence
        to possess such firearm or ammunition for such person and 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.
78    Duties of holder of permit
        (1) The holder of a permit issued in terms of this Chapter, must at the request of
        any police official, produce for inspection-
          (a)   any firearms or ammunition in his or her possession or under his or her
                 control;
          (b)   his or her permit; and
          (c)   any register or electronic data that may be kept by him or her in terms of
                 this Act.
        (2) The Registrar may direct the holder of a permit issued in terms of this Chapter
        to keep and maintain registers containing such information as he or she may direct.
        (3) The Registrar may direct the holder of a permit issued in terms of this Chapter
        to establish and maintain a workstation which complies with such requirements as he or
        she may direct and which links the registers referred to in subsection (2) to the central
        importers’ and exporters’ database.
        (4) The holder of a permit issued in terms of this Chapter must comply with the
        conditions specified in the permit.
79    Establishment of central importers’ and exporters’ database
        The Registrar must establish and maintain such central importers’ and exporters’
        databases as may be prescribed.
80    Suspension of import, export and in-transit permits
        (1) The Registrar may suspend an import, export or in-transit permit if the
        Registrar has information in a sworn statement or on solemn declaration that the holder of
        the permit has committed an offence in terms of this Act for which a sentence for a
        period of five years or more may be imposed.
        (2) A permit may be suspended for not more than seven days without affording
        the holder of the permit a hearing.
        (3) A suspension may endure for a period longer than seven days if the-
           (a) holder has been afforded an opportunity to make written representations to
                the Registrar;
          (b)  Registrar has given due consideration to the representations;
          (c)  Registrar deems it necessary in order to achieve the objects of this Act;
                and
          (d)  suspension has been confirmed by a court.
        (4) A holder of a permit may not import or export firearms or ammunition or
        carry firearms or ammunition in transit for such period as the permit is suspended.
81    Termination of import, export and in-transit permits
        (1) An import, export or in-transit permit terminates-
          (a)   on the date specified in the permit;
          (b)   if surrendered by the holder of the permit to the Registrar;
          (c)   if the holder of a permit becomes or is declared unfit to possess a firearm
                 in terms of section 102 or 103; or
          (d)   if cancelled in terms of this Act.
        (2) The Registrar may, by written notice, cancel an import, export or in-transit
        permit if the permit holder-
          (a)   no longer qualifies to hold the permit; or
          (b)   has contravened or failed to comply with any provision of this Act or any
                 condition specified in the permit.
        (3) A notice contemplated in subsection (2) may only be issued if the Registrar
        has-
          (a)   given the holder 30 days’ notice in writing to submit written
                 representations as to why the permit should not be cancelled; and
          (b)   duly considered any representations received and all the facts pertaining to
                 the matter.
        (4) If a notice contemplated in subsection (2) is issued, the former holder of a
        permit must dispose of any firearms and ammunition in his or her possession in such
        manner as the Registrar may determine.
82    Defaced, lost or stolen permits
        (1) If an import, export or in-transit permit is lost or stolen, the holder of a permit
        must inform the Registrar within 24 hours of the discovery of the loss or theft.
        (2) If an import, export or in-transit permit is defaced, lost or stolen, the holder of
        the permit must within seven days of the discovery of the defacement, loss or theft apply
        to the Registrar in the prescribed manner for a copy of the permit.
                                            CHAPTER 9
   STORAGE, TRANSPORT AND CARRYING OF FIREARMS AND AMMUNITION (ss 83-89)
83    Storage and transport of firearms and ammunition
        Firearms and ammunition must be stored and transported in the prescribed
        manner.
84    Carrying of firearm in public place
        (1) No person may carry a firearm in a public place unless the firearm is carried-
          (a)    in the case of a handgun-
              (i)      in a holster or similar holder designed, manufactured or adapted for
                       the carrying of a handgun and attached to his or her person; or
              (ii)     in a rucksack or similar holder; or
         (b)    in the case of any other firearm, in a holder designed, manufactured or
                 adapted for the carrying of the firearm.
       (2) A firearm contemplated in subsection (1) must be completely covered and the
       person carrying the firearm must be able to exercise effective control over such firearm.
85    Conditions imposed on transporter of firearm
       (1) The Minister may prescribe conditions which the Registrar may impose on the
       holder of a permit issued in terms of section 86.
       (2) The conditions which the Registrar imposes must be specified in the permit.
86    Firearm transporter’s permit
       (1) No person may transport any firearm or ammunition for reward without being
       in possession of a firearm transporter’s permit issued in terms of this Act.
       (2) A firearm transporter’s permit may be issued to a person who is a fit and
       proper person to conduct business as a firearm transporter.
       (3) The Registrar may issue a firearm transporter’s permit-
         (a)   on receipt of an application completed on the prescribed form and
                containing the prescribed information; and
         (b)   for such period as the Registrar may determine.
87    Duties of holder of permit
       (1) The holder of a permit issued in terms of this Chapter, must at the request of
       any police official, produce for inspection-
         (a)   any firearms or ammunition in his or her possession or under his or her
                control;
         (b)   his or her permit; and
         (c)   any register or electronic data that may be kept by him or her in terms of
                this Act.
       (2) The Registrar may direct the holder of a permit issued in terms of this Chapter
       to keep and maintain registers containing such information as he or she may direct.
       (3) The holder of a firearm transporter’s permit must comply with any conditions
       imposed under section 85.
88    Cancellation of firearm transporter’s permit
        (1) The Registrar may, by written notice, cancel a firearm transporter’s permit if
        the permit holder-
          (a)  no longer qualifies to hold the permit; or
          (b)  has contravened or failed to comply with any provision of this Act or any
                condition specified in the permit.
        (2) The former holder of a permit must dispose of his or her cargo of firearms and
        ammunition in accordance with the directions of the Registrar.
89    Records to be kept
        The Office of the Central Firearms Register must keep a record of prescribed
        information in respect of all firearm transporter’s permits issued in terms of this Chapter.
                                          CHAPTER 10
                CONTROL OF AMMUNITION AND FIREARM PARTS (ss 90-94)
90    Prohibition of possession of ammunition
        No person may possess any ammunition unless he or she-
          (a)   holds a licence in respect of a firearm capable of discharging that
                 ammunition;
          (b)   holds a permit to possess ammunition;
          (c)   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
          (d)   is otherwise authorised to do so.
91    Restrictions on possession of ammunition
        (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.
        (2) The limitation in subsection (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 by the Registrar to possess more than 200 cartridges for a
                firearm in respect of which he or she holds a licence 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.
92     Prohibitions and restrictions on use of certain ammunition
         (1) The Minister may, by notice in the Gazette, prohibit or restrict the acquisition,
         disposal, possession or use of ammunition of a specified class if it is-
           (a)   in the interest of public safety; or
           (b)   desirable for the maintenance of law and order.
         (2) A notice contemplated in subsection (1) 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.
         (3) A notice contemplated in subsection (1) is of full force and effect until
         withdrawn by the Minister or by a resolution of Parliament.
93     Loading or reloading of ammunition
         (1) Section 45 (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 2 400 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 by the Registrar to possess more
         than 2 400 primers for a firearm in respect of which he or she holds a licence on good
         cause shown.
         (3) No person may load prohibited ammunition contemplated in section 92.
94     Prohibition of possession of firearm parts
         (1) For purposes of this section, ‘firearm part’ means a slide, bolt or breech-block
         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 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 then sitting, and if Parliament is not
         sitting, within seven days after the commencement of the next sitting.
         (c) A notice contemplated in paragraph (a) will be of full force and effect until
         withdrawn by the Minister or by a resolution of Parliament.
                                            CHAPTER 11
                                      EXEMPTIONS (ss 95-101)
95     Definitions
         In this Chapter, unless the context indicates otherwise-
           (a)    ‘Official Institution’ means-
                 (i)     the South African National Defence Force, contemplated in section
                         5 of the Defence Act, 1957 (Act 44 of 1957);
                (ii)     the South African Police Service, contemplated in section 5 of the
                         South African Police Service Act, 1995 (Act 68 of 1995);
               (iii)     the Department of Correctional Services, contemplated in section 2
                         of the Correctional Services Act, 1959 (Act 8 of 1959);
               (iv)     any intelligence service established in terms of the Constitution;
               (v)      the armaments acquisition agency of the State; and
               (vi)      any government institution accredited by the Registrar as an Official
                         Institution;
           (b)    ’employee’-
                 (i)     in relation to the South African National Defence Force, means any
                         member of the South African National Defence Force contemplated
                         in section 5 of the Defence Act, 1957 (Act 44 of 1957), and includes
                         any member of the Reserve contemplated in section 6 of the
                         Defence Act, 1957; and
                (ii)     in relation to the South African Police Service, means any member
                         as defined in the South African Police Service Act, 1995 (Act 68 of
                         1995).
96     Exemptions
        (1) No provision of this Act other than this Chapter, section 109 and section 145,
        in so far as it relates to Official Institutions, applies to an Official Institution.
        (2) Any firearms and ammunition which form the subject of a notice
        contemplated in section 4C of the Armaments Development and Production Act, 1968
        (Act 57 of 1968), are exempted from the provisions of this Act.
        (3) A member of a military force of another country visiting South Africa in terms
        of an international obligation or an agreement between that country and South Africa is
        exempted from the provisions of this Act to the extent provided for in the obligation or
        agreement in question.
97    Conditions applicable to institution accredited by Registrar
        An Official Institution contemplated in section 95 (a) (vi) is subject to such
        conditions in respect of the acquisition, use, safekeeping and disposal of firearms as may
        be prescribed, and to such conditions as may be imposed by the Registrar.
98    Possession and use of firearms by Official Institution
        (1) (a) Subject to this section, an employee of an Official Institution may not
        possess a firearm under the control of the Official Institution without a permit issued in
        terms of this Chapter.
        (b) Employees of the South African National Defence Force are exempted from
        the obligation to have a permit in respect of military firearms issued to them-
         (i)      while performing official duties under military command; and
         (ii)     if they have in their possession a written order, instruction or route form
                  specifying the duty to be performed and the nature and type of firearm
                  they are authorised to carry.
        (c) Employees of the South African National Defence Force are exempted from
        the obligation to have a permit in respect of military firearms in their possession or under
        their control for the purpose of performing official duties, if those firearms are mounted
        in or on a military weapons system.
        (2) Only the head of an Official Institution, or someone delegated in writing by
        him or her, may issue a permit to an employee of that Official Institution to possess and      
        use a firearm under its control.
        (3) A permit issued in terms of this Chapter must contain such information as may
        be prescribed.
        (4) The head of an Official Institution may impose conditions on the possession
        and use of the firearms and ammunition under the control of that Official Institution and
        may issue instructions to employees of that Institution prescribing conditions relating to
        the acquisition, storage, transport, possession, use and disposal of such firearms and
        ammunition.
        (5) Unless the permit referred to in subsection (2) indicates otherwise, the
        employee must-
          (a)  when on duty, carry any handgun under his or her control on his or her
                person in a prescribed holster;
          (b)  at the end of each period of his or her duty, return the firearm in question
                to the place of storage designated for this purpose by the Official
                Institution; and
          (c)  when traveling with a firearm, carry the firearm on his or her person or in
                a secure place under his or her direct control.
        (6) (a) Despite subsection (5), the head of an Official Institution may authorise an
        employee to-
         (i)    have the firearm in his or her possession after his or her working hours;
        (ii)    carry the firearm on his or her person outside the premises of his or her
                workplace; or
        (iii)   store the firearm at his or her place of residence.
        (b) Paragraph (a) does not apply to an Official Institution contemplated in section
        95 (a) (v) and (vi), unless the Registrar determines in writing that it does so apply.
        (7) The holder of a permit contemplated in subsection (2) must carry that permit
        on his or her person when he or she is in possession of a firearm.
        (8) The head of an Official Institution may only issue a permit in terms of
        subsection (2) if the employee-
          (a)  is a fit and proper person to possess a firearm; and
          (b)  has successfully completed the prescribed training and the prescribed test
                for the safe use of a firearm.
        (9) (a) The head of an Official Institution must report the loss or theft of any
        firearm immediately to the Registrar and to the nearest police station.
        (b) For the purposes of this subsection ‘nearest police station’ means the police
        station nearest to the place where the loss or theft occurred.
        (10) An Official Institution may only dispose of or destroy a firearm under its
        control in the prescribed manner.
99    Register to be kept by Official Institution
        (1) The head of an Official Institution must keep a register in the prescribed form.
        (2) The register must contain such particulars as may be prescribed, including-
          (a) (i)      in the case of the South African National Defence Force, the
                        particulars of every firearm of a calibre of less than 20 millimeters;
                        or
               (ii)     in the case of all other Official Institutions, the particulars of every
                        firearm under its control;
          (b)  the particulars of every employee who, in terms of this Chapter, is allowed
                to be in possession of a firearm, and the particulars of each such firearm;
          (c)  the conditions specified in every permit issued in terms of this Chapter;
          (d)  particulars regarding the disposal, transfer, loss, theft or destruction of
                firearms contemplated in paragraph (a); and
          (e)  if a firearm is lost or stolen, particulars regarding the report of the loss or
                theft to the South African Police Service.
        (3) All firearms under the control of an Official Institution must bear such
        identification marks as may be prescribed.
100   Establishment of central Official Institution firearms databases
        The Registrar must establish and maintain such central Official Institution
        firearms databases as may be prescribed.
101   Official Institution’s workstation
        The head of an Official Institution must-
          (a)   establish and maintain a workstation at a place which complies with such
                 requirements as may be prescribed; and
          (b)   provide the Registrar with access to the workstation and to the register
                 referred to in section 99.
                                           CHAPTER 12
          DECLARATION OF PERSONS AS UNFIT TO POSSESS FIREARM (ss 102-105)
102   Declaration by Registrar of person as unfit to possess firearm
         (1) The Registrar may declare a person unfit to possess a firearm if, on the
         grounds of information contained in a statement under oath or affirmation including a
         statement made by any person called as a witness, it appears that-
           (a)  a final protection order has been issued against such person in terms of the
                 Domestic Violence Act, 1998 (Act 116 of 1998);
           (b)  that person has expressed the intention to kill or injure himself or herself
                 or any other person by means of a firearm or any other dangerous weapon;
           (c)  because of that person’s mental condition, inclination to violence or
                 dependence on any substance which has an intoxicating or narcotic effect,
                 the possession of a firearm by that person is not in the interests of that
                 person or of any other person;
           (d)  that person has failed to take the prescribed steps for the safekeeping of
                 any firearm; or
           (e)  that person has provided information required in terms of this Act which is
                 false or misleading.
         (2) A declaration under subsection (1) may only be issued if the Registrar-
           (a)  by notice in writing delivered by hand to the person, has called upon the
                 person to appear before the Registrar at a time and place determined
                 therein in order to advance reasons as to why that person should not be
                 declared unfit to possess a firearm;
           (b)  has given that person a reasonable opportunity to advance reasons as to
                 why the declaration should not be issued;
           (c)  has duly considered the matter;
           (d)  is satisfied that the person is unfit as contemplated in subsection (1); and
           (e)  does not rely solely on the same facts relating to a conviction in respect of
                 which a court has made a determination in terms of section 103 (1) or (2)
                 that the person is not unfit to possess a firearm.
         (3) Any person appearing in pursuance of a notice issued in terms of subsection
         (2) (a) is entitled to-
           (a)   be represented by a legal representative;
           (b)   request the Registrar to call, in the manner referred to in subsection (2)
                  (a), any person who made a statement referred to in subsection (1), to
                  appear before the Registrar; and
          (c)    examine the person who has been called in terms of subsection (1) or
                  paragraph (b) to appear, or to cause him or her to be so examined by such
                  legal representative.
        (4) (a) Section 183 of the Criminal Procedure Act, 1977 (Act 51 of 1977), applies
        with the necessary changes to any person called to appear before the Registrar in terms of
        subsection (2) (a), including any witness.
        (b) For purposes of paragraph (a) the expression ‘to a fine not exceeding R300 or
        to imprisonment for a period not exceeding three months’ where it occurs in section 183
        (2) of the Criminal Procedure Act, 1977 (Act 51 of 1977), must be construed to read as
        follows:
        ‘to a fine or to imprisonment for a period not exceeding 12 months’.
        (c) Section 181 of the Criminal Procedure Act, 1977 (Act 51 of 1977), applies
        with the necessary changes in respect of any witness whose appearance has been
        requested as contemplated in subsection (3) (b).
103    Declaration by court of person to be unfit to possess firearm
        (1) Unless the court determines otherwise, a person 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 crime or offence 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;
          (g)   any offence involving violence, sexual abuse or dishonesty, for which the
                 accused is sentenced to a period of imprisonment without the option of a
                 fine;
         (h)    any other offence under or in terms of this Act in respect of which the
                 accused is sentenced to a period of imprisonment without the option of a
                 fine;
         (i)     any offence involving physical or sexual abuse occurring in a domestic
                 relationship as defined in section 1 of the Domestic Violence Act, 1998
                 (Act 116 of 1998);
         (j)    any offence involving the abuse of alcohol or drugs;
         (k)   any offence involving dealing in drugs;
         (l)    any offence in terms of the Domestic Violence Act, 1998 (Act 116 of
                1998) in respect of which the accused is sentenced to a period of
                imprisonment without the option of a fine;
         (m)  any offence in terms of the Explosives Act, 1956 (Act 26 of 1956), in
                respect of which the accused is sentenced to a period of imprisonment
                without the option of a fine;
         (n)   any offence involving sabotage, terrorism, public violence, arson,
                intimidation, rape, kidnapping, or child stealing; or
         (o)   any conspiracy, incitement or attempt to commit an offence referred to
                above.
       (2) (a) A court which convicts a person of a crime or offence referred to in
       Schedule 2 and which is not a crime or offence contemplated in subsection (1), 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.
       (3) A court which has convicted a person of a crime or an offence contemplated in
       subsection (1), has made a determination contemplated in that subsection or has made a
       declaration in terms of subsection (2) must notify the Registrar in writing of that
       conviction, determination or declaration.
       (4) Unless a determination that a person is not unfit to possess a firearm has been
       made in terms of subsection (1), a notice contemplated in subsection (3) 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.
        (5) A firearm and any other item seized in terms of subsection (4) 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.
104    Effect of declaration
        (1) (a) All competency certificates, licences, authorisations and permits issued in
        terms of this Act to any person who becomes or is declared unfit to possess a firearm in
        terms of section 102 or 103, cease to be valid from the date of the conviction, or the
        declaration, as the case may be.
        (b) Despite the noting of an appeal against the decision of a court or of the
        Registrar, the status of unfitness contemplated in paragraph (a) remains in effect pending
        the finalisation of the appeal.
        (2) A person who becomes or is declared unfit to possess a firearm in terms of
        section 102 or 103 must within 24 hours surrender to the nearest police station-
          (a)    all competency certificates, licences, authorisations and permits issued to
                  him or her in terms of this Act;
          (b)    all firearms in his or her possession; and
          (c)    all ammunition in his or her possession.
        (3) (a) A person who has surrendered his or her firearm as contemplated in
        subsection (2) must dispose of the firearm and ammunition through a dealer or in such
        manner as the Registrar may determine-
         (i)      if an appeal is lodged and that appeal is unsuccessful, within 60 days of
                  the finalisation of the appeal; or
        (ii)      if no appeal is lodged, within 60 days of the receipt of a written notice
                  from the Registrar informing the person of his or her unfitness to possess a
                  firearm.
        (b) If the firearm and ammunition are not disposed of within 60 days, they must
        be forfeited to the State and destroyed or disposed of as prescribed.
        (c) The period of 60 days referred to in this subsection may be extended by the
        Registrar on good cause shown.
        (d) For purposes of subsection (3) (a), the Registrar must release the firearm and
        ammunition in question to a dealer identified by the relevant person, for disposal by that
        dealer on behalf of the person.
        (4) (a) The holder of an additional licence referred to in section 12 (1) may, if the
        holder of the licence becomes or is declared unfit to possess a firearm, apply to the
        Registrar for the issue of a new licence in his or her name.
        (b) If the holder of an additional licence does not make an application referred to
        in paragraph (a) within 30 days of the-
        (i)     date on which the time for an appeal elapses; or
        (ii)     finalisation of the appeal if it does not affect the status of unfitness,
        the additional firearm licence lapses.
        (5) If the decision leading to the status of unfitness to possess a firearm of any
        person is set aside, any seized or surrendered firearm, ammunition, licence, permit or
        authorisation belonging to any such person, must be returned.
        (6) Subject to section 9 (3) (b) and after a period of five years calculated from the
       date of the decision leading to the status of unfitness to possess a firearm, the person who
       has become or been declared unfit to possess a firearm may apply for a new competency
       certificate, licence, authorisation or permit in accordance with the provisions of this Act.
105    Proof of declaration
       A certificate purporting to have been signed by the Registrar or by the registrar of
       a High Court, the clerk of a magistrates’ court or the clerk of a military court, stating that
       the person mentioned in the certificate has become or been declared unfit to possess a
       firearm, or has been convicted of a specific offence or crime, is upon production thereof
       by any person, prima facie evidence of the facts stated in that certificate.
                                            CHAPTER 13
                                     INSPECTIONS (ss 106-109)
106    Production of licences and firearms for inspection
       (1) Subject to section 107, any holder of a licence, permit or authorisation issued
       in terms of this Act must-
          (a)   produce the licence, permit or authorisation for inspection within seven
                 days of being required to do so by any police official or by any person
                 authorised by the Registrar;
          (b)   maintain the licence, permit or authorisation in such a state that it can be
                 produced in an undefaced and legible condition; and
          (c)   produce the firearm in respect of which the licence, permit or authorisation
                 is issued within seven days of being required to do so by any police
                 official or by any person authorised by the Registrar.
        (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
          (b)    produce his or her appointment certificate or authorisation.
107   Duty to comply with request of police official or authorised person
        (1) Any person who carries with him or her a firearm must at the request of a
        police official or any person authorised by the Registrar produce the licence, permit or
        authorisation, as the case may be, in respect of such firearm for inspection.
        (2) A person referred to in subsection (1) must-
          (a)    at the request and to the satisfaction of a police official or any person
                  authorised by the Registrar, identify himself or herself forthwith; and
          (b)   at the request of a police official or any person authorised by the Registrar,
                 produce such firearm for inspection.
        (3) If a person fails to comply with subsection (1) or (2), the police official or
        authorised person may seize the firearm without a warrant and keep the firearm in
        custody until the licence, permit or authorisation is produced or the firearm is disposed of
        in terms of this Act.
        (4) A police official or an authorised person, when exercising a power in terms of
        subsection (1) or (2) must-
          (a)    identify himself or herself to the person referred to in subsection (1); and
          (b)    produce his or her appointment certificate or authorisation.
108   Request for information
        (1) A police official or any person authorised by the Registrar who has reasonable
        grounds to believe that a person has or recently had a firearm or ammunition in his or her
        possession, may request that person to-
          (a)    state his or her full name, age, residential and employment address;
          (b)    produce his or her licence, permit or authorisation for the possession of the
                  firearm;
          (c)    answer questions relating to the whereabouts of the firearm; and
          (d)    furnish any other information reasonably required by the police official or
                  authorised person.
        (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
           (b)   produce his or her appointment certificate or authorisation.
109    Inspection of premises
         (1) A police official or any person authorised by the Registrar may enter any-
           (a)   place of business of a dealer;
           (b)   firearm or ammunition factory or place of business of a manufacturer of
                  firearms and ammunition;
           (c)   place of business of a gunsmith;
           (d)   place of business of the holder of an import or export permit;
           (e)   place of business, including any vehicle, vessel or aircraft, of an
                  authorised transporter of firearms and ammunition;
           (f)    office or premises of an Official Institution which may issue a permit to its
                  employees to possess and use firearms; or
           (g)   place of business, including any vehicle, vessel or aircraft, of the holder of
                  a licence in respect of firearms used for business purposes referred to in
                  section 20,
         and conduct such inspection as may be necessary in order to determine whether the
         requirements and conditions of this Act or of any competency certificate, licence, permit
         or authorisation issued in terms of this Act are being complied with.
         (2) The Registrar must comply with such security arrangements as may be agreed
         upon with the head of the Official Institution in question.
                                          CHAPTER 14
                               SEARCH AND SEIZURE (ss 110-116)
110    Chapter 2 of Criminal Procedure Act, 1977, to apply
         (1) Chapter 2 of the Criminal Procedure Act, 1977 (Act 51 of 1977), applies with
         the necessary changes to the entry of premises, search for and seizure of any firearm,
         imitation firearm, airgun, device or ammunition referred to in this Act.
         (2) In the application of Chapter 2 of the Criminal Procedure Act, 1977 (Act 51 of
         1977), as contemplated in subsection (1), section 20 of the said Act must be construed as
         if the following paragraph had been added to it:
          ‘(d)  which is a firearm or ammunition as defined in section 1 of the Firearms
                 Control Act, 2000, and is on reasonable grounds believed to be in the
                 possession or under the control of a person, who by reason of any physical
                 or mental condition, is incapable of having proper control of any firearm
                 or ammunition or who by such reason presents a danger of harm to
                 himself or herself or to any other person.’.
        (3) Despite sections 30 and 31 of the Criminal Procedure Act, 1977 (Act 51 of
        1977), any article referred to in subsection (1) which is lawfully seized by the State, may
        be dealt with or disposed of in accordance with the provisions of this Act.
        (4) 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.
111  Search and seizure in course of policing operations in terms of South African Police Service
        Act, 1995
        (1) Despite anything to the contrary in this Chapter, any police official or person
        authorised as such by the National Commissioner or any provincial commissioner of the
        South African Police Service, may, in the course of official policing operations
        contemplated in section 13 (6), (7) or (8) of the South African Police Service Act, 1995
        (Act 68 of 1995), search any premises, vehicle, vessel or aircraft and seize any firearm,
        imitation firearm, airgun, device or ammunition-
          (a)   which is reasonably suspected to be held in contravention of this Act; or
          (b)   for the purposes of determining whether or not the provisions of this Act
                 have been complied with in respect of such article.
        (2) Section 13 of the South African Police Service Act, 1995 (Act 68 of 1995),
        applies with the necessary changes to any search or seizure contemplated in subsection
        (1).
112    Exercise of powers set out in section 37 of Criminal Procedure Act, 1977
        Any police official or other person authorised as such in writing by the Registrar
        may exercise the powers of a police official set out in section 37 of the Criminal
        Procedure Act, 1977 (Act 51 of 1977), in respect of-
          (a)   any occupant of a vehicle, vessel or aircraft or premises in which any
                 article referred to in section 110 (1) is present and in respect of which
                 there is a reasonable suspicion that any of the provisions of this Act may
                 have been contravened by that occupant; and
          (b)  the owner or person in control of any vehicle, vessel or aircraft or
                 premises in which any article referred to in section 110 (1) is present and
                 in respect of which there is a reasonable suspicion that any of the
                 provisions of this Act may have been contravened.
113    Bodyprints and bodily samples
        (1) Any police official may without warrant take the fingerprints, palmprints,
         footprints and bodily samples of a person or a group of persons or may cause any such
         prints or samples to be taken, if-
          (a)     there are reasonable grounds to suspect that that person or that one or
                   more of the persons in that group has committed an offence punishable
                   with imprisonment for a period of five years or longer; and
          (b)     there are reasonable grounds to believe that the prints or samples or the
                   results of an examination thereof, will be of value in the investigation by
                   excluding or including one or more of the persons as a possible perpetrator
                   of the offence.
        (2) The person who has control over prints or samples taken in terms of this
         section-
          (a)    may examine them for purposes of the investigation of the relevant
                  offence or cause them to be so examined; and
          (b)    must immediately destroy them when it is clear that they will not be of
                   value as evidence.
        (3) Bodily samples to be taken from the body of a person, may only be taken by a
         registered medical practitioner or a registered nurse.
        (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.
                         [Date of commencement of s. 113: 1 June 2001.]
114    Ballistic testing
        (1) Any police official may seize, test-fire and examine such number of firearms
         as are necessary or such ammunition as is necessary, if-
          (a)     there are reasonable grounds to suspect that one or more of the firearms or
                   the ammunition has been used in the commission of an offence which is
                   punishable in terms of this Act with imprisonment for a period of five
                   years or longer; and
          (b)     there are reasonable grounds to believe that one or more of the firearms or
                   the ammunition or the results of the test-firing and examination, will be of
                   value in the investigation by excluding or including-
                (i)     one or more of those firearms or the ammunition as having been
                        used in the commission of the offence; or
                (ii)    one or more persons as possible perpetrators of the offence.
         (2) The person who has control over a firearm or ammunition seized in terms of
          this section must immediately return it or otherwise dispose of it in terms of this Act
          when it is clear that it will not be of value as evidence.
115    Inspection, search and seizure for inquiry or investigation (with special warrant)
         (1) For purposes of any inquiry or investigation relating to the application of this
          Act and subject to subsection (4), the Registrar or any person authorised in writing by the
          Registrar may-
           (a)   at any reasonable time and without prior notice, enter any business or
                  industrial premises; or
           (b)  at any reasonable time and with reasonable notice, enter any dwelling on
                  or in which anything relating to the subject-matter of the inquiry or
                  investigation is or is suspected to be.
         (2) The Registrar or person authorised may-
           (a)   inspect and search any premises or dwelling contemplated in subsection
                  (1) and make such enquiries as may be necessary for purposes of the
                  inquiry or investigation;
           (b)  examine anything found on the premises or dwelling which may have a
                 bearing on the subject-matter of the inquiry or investigation;
           (c)  request information or an explanation regarding such object from the
                 owner or person in control of those premises or from any person in whose
                 possession or under whose control anything referred to in paragraph (b) is
                 found;
           (d)  make copies of or extracts from any book or document found on or in the
                 premises or dwelling which may have a bearing on the subject-matter of
                 the inquiry or investigation and request an explanation of such book,
                 document or any entry therein from any person suspected of having
                 knowledge thereof; and
           (e)  against the issue of a written receipt, seize anything on or in the premises
                 or dwelling which may have a bearing on the subject-matter of the inquiry
                 or investigation.
         (3) Any entry upon, inspection of or search of any premises or dwelling, or
          questioning of any person, in terms of this section must be carried out with strict regard
           to decency and order.
         (4) Any power contemplated in subsection (1) may be exercised only-
           (a)   in terms of a warrant issued by a judge or magistrate; or
           (b)     without warrant by a police official contemplated in paragraph (a) of the
                    definition of ‘police official’ in section (1) if-
                  (i)    there are reasonable grounds to believe that a warrant would be
                         issued and the delay in obtaining the warrant would defeat the object
                         for which the power is exercised; or
                 (ii)    the person who is competent to do so consents to the exercise of the
                         power.
         (5) (a) A warrant may only be issued if it appears from evidence under oath or on
          affirmation that there are reasonable grounds to suspect that anything referred to in
          subsection (2) is or may be on the premises or in the dwelling in question.
         (b) The evidence must contain information regarding the-
          (i)     nature of the inquiry or investigation to be conducted;
          (ii)    reason for or suspicion which gave rise to the inquiry or investigation;
         (iii)    need for search and seizure in terms of this section; and
         (iv)    premises on which the warrant is to be executed.
         (6) Subject to subsection (7), sections 21 (3) and 27 of the Criminal Procedure
         Act, 1977 (Act 51 of 1977), apply, with the necessary changes, to the execution of a
         warrant or to a search in terms of this section.
         (7) A warrant contemplated in this section remains in force until-
           (a)     it is executed;
           (b)     it is cancelled; or
           (c)     the expiry of three months from the date of its issue,
          whichever may occur first.
116    Incidental discovery
         If, in the course of a lawful search for anything other than articles referred to in
         section 110 (1), the person executing the search finds an article referred to in section 110
         (1), in respect of which a reasonable suspicion of illegality or illegal possession exists,
         such person may seize such article, and must then deal with it or dispose of it in terms of
         this Act.
                                             CHAPTER 15
                                      PRESUMPTIONS (ss 117-119)
117    Presumption of possession of firearm or ammunition
         (1) For purposes of this section ‘residential premises’ does not include a hotel,
          hostel, or an apartment building, but includes a room or suite in a hotel, a room in a
          hostel and an apartment in an apartment building.
         (2) Whenever a person is charged in terms of this Act with an offence of which
          the possession of a firearm or ammunition is an element, and the State can show that
          despite the taking of reasonable steps it was not able with reasonable certainty to link the
          possession of the firearm or ammunition to any other person, the following circumstances
          will, in the absence of evidence to the contrary which raises reasonable doubt, be
          sufficient evidence of possession by that person of the firearm or ammunition where it is
          proved that the firearm or ammunition was found-
           (a)    on residential premises and the person was, at the time-
                 (i)   in control of such premises; or
                (ii)   over the age of 16 years and ordinarily resident at such premises;
           (b)   where it is proved that the firearm or ammunition was found buried in or
                  hidden on land used for residential purposes and the person was, at the
                  time-
                 (i)   in control of such land;
                (ii)   employed to work on the land in or on which the firearm or
                       ammunition was found; or
               (iii)   over the age of 16 years and ordinarily resident on such land;
           (c)    on premises other than residential premises and the person was, at the
                   time-
                 (i)   in control of such premises;
                (ii)   ordinarily employed on the premises;
               (iii)   present in the immediate vicinity of the place on the premises where
                       the firearm or ammunition was found and the circumstances indicate
                       that the firearm or ammunition should have been visible to that
                       person; or
               (iv)   in control of a locker, cupboard or other container within which the
                       firearm or ammunition was found;
           (d)    in or on a vehicle and the person was, at the time-
              (i)      the driver of the vehicle;
              (ii)     the person in charge of the vehicle;
             (iii)     in control of all the goods on the vehicle;
             (iv)     the consignor of any goods in or among which the firearm or
                       ammunition was found;
              (v)     the only person who had access to the firearm or ammunition;
             (vi)     the employer of the driver of the vehicle and present on the vehicle;
                       or
            (vii)     over the age of 16 years and present on the vehicle;
        (e)     on any aircraft other than an aircraft which was used to convey passengers
                  for gain, and the person was at the time-
               (i)     present on the aircraft and in charge of the aircraft; or
              (ii)     over the age of 16 years and present on the aircraft;
        (f)      in the hold of an aircraft and the person was, at the time, the person in
                 charge of the goods in the hold;
        (g)     in a place on an aircraft or vessel-
               (i)     to which no one besides the person had access; or
               (ii)    where the circumstances indicate that the firearm or ammunition
                       should have been visible to no one besides the person;
        (h)     on any vessel other than a vessel which was used to convey passengers for
                 gain, and the person was, at the time-
               (i)     in charge of that vessel or that part of the vessel in which the firearm
                       or ammunition was found;
              (ii)     ordinarily employed in the immediate vicinity of the place on the
                       vessel where the firearm or ammunition was found; or
             (iii)     over the age of 16 years and present in that part of the vessel; or
               (i)     in the cargo of a vessel and the person was, at the time-
               (i)     in control of the cargo of the vessel; or
               (ii)    the consignor of any goods in or among which the firearm or
                       ammunition was found.
         (3) In any criminal proceedings against a person where it is alleged that such
          person has injured or killed another person or has damaged property belonging to another
          person, the following circumstances will, in the absence of evidence to the contrary
          which raises a reasonable doubt, be sufficient evidence that such person participated in
            the injury, killing or damage, where it is proved that-
           (a)  the person was driving, or was a passenger in, a vehicle other than a
                 vehicle designed or licenced to convey more than 20 passengers;
           (b)  a firearm was discharged from that vehicle while the person was driving or
                 was a passenger in the vehicle; and
           (c)  as a result of such discharge, a person was injured or killed, or property
                 was damaged.
118    Presumptions relating to failure to report
         (1) Whenever a person is charged with an offence in terms of this Act of failing to
         report the loss, theft or destruction of a firearm and it is proved that such person was, at
         the time, the licensed or authorised possessor of the firearm alleged to have been lost,
         stolen or destroyed, proof that the person has failed to produce such firearm within seven
         days of the request by a police official to do so, will, in the absence of evidence to the
         contrary which raises reasonable doubt, be sufficient evidence that the firearm has been
         lost, stolen or destroyed.
         (2) Whenever a person is charged with an offence in terms of this Act of failing to
         furnish information or particulars on request of a police official and it is proved that such
         person was, at the time, the licensed or authorised possessor of the firearm alleged to
         have been lost, stolen or destroyed, proof that the person has failed to produce such
         information or particulars within seven days of the request of a police official to do so,
         will, in the absence of evidence to the contrary which raises reasonable doubt, be
         sufficient evidence that the person has failed to furnish such information or particulars.
119   Presumption of failure to take reasonable steps
         Whenever a person is charged in terms of this Act with an offence of failing to
         take reasonable steps to ensure that no firearm or ammunition is brought onto premises, a
         vehicle, a vessel or an aircraft under his or her ownership or control in contravention of
         this Act, proof that the firearm or ammunition was brought onto premises, a vehicle, a
         vessel or an aircraft under his or her ownership or control, will, in the absence of
         evidence to the contrary which raises reasonable doubt, be sufficient evidence that he or
         she failed to take such reasonable steps.
                                             CHAPTER 16
               OFFENCES, PENALTIES AND ADMINISTRATIVE FINES (ss 120-122)
120    Offences
         (1) A person is guilty of an offence if he or she contravenes or fails to comply
          with any-
           (a)   provision of this Act;
                       [Date of commencement of para. (a): 1 June 2001.]
           (b)   condition of a licence, permit or authorisation issued or granted by or
                  under this Act; or
           (c)   provision, direction or requirement of a notice issued under this Act.
                       [Date of commencement of para. (c): 1 June 2001.]
         (2) (a) Any person who is 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.
         (3) It is an offence to-
           (a)   cause bodily injury to any person or cause damage to property of any
                  person by negligently using a firearm, an antique firearm or an airgun;
           (b)   discharge or otherwise handle a firearm, an antique firearm or an airgun in
                  a manner likely to injure or endanger the safety or property of any person
                  or with reckless disregard for the safety or property of any person; or
           (c)   have control of a loaded firearm, an antique firearm or an airgun in
                  circumstances where it creates a risk to the safety or property of any
                  person and not to take reasonable precautions to avoid the danger.
         (4) It is an offence to handle a firearm, an antique firearm or an airgun while
          under the influence of a substance which has an intoxicating or a narcotic effect.
         (5) A person is guilty of an offence if he or she gives control of a firearm, an
          antique firearm or an airgun to a person whom he or she knows, or ought reasonably to
          have known-
           (a) to be mentally ill; or
           (b) to be under the influence of a substance which has an intoxicating or a
                 narcotic effect.
         (6) It is an offence to point-
          (a)  any firearm, an antique firearm or an airgun, whether or not it is loaded or
                capable of being discharged, at any other person, without good reason to
                do so; or
          (b)  anything which is likely to lead a person to believe that it is a firearm, an
                 antique firearm or an airgun at any other person, without good reason to
                 do so.
        (7) It is an offence to discharge a firearm, an antique firearm or an airgun in a
         built up area or any public place, without good reason to do so.
        (8) A person is guilty of an offence if he or she-
          (a)   fails to lock away his or her firearm or a firearm in his or her possession in
                 a prescribed safe, strong-room or device for the safe-keeping when such
                 firearm is not carried on his or her person or is not under his or her direct
                 control; or
          (b)   loses a firearm, or is otherwise disposessed of a firearm owing to that
                  person’s failure to-
                (i)    lock the firearm away in a prescribed safe, strong-room or device for
                        the safekeeping of a firearm;
               (ii)     take reasonable steps to prevent the loss or theft of the firearm while
                        the firearm was on his or her person or under his or her direct
                        control; or
              (iii)     keep the keys to such safe, strong-room or device in safe custody.
        (9) It is an offence to-
          (a)   add any word, figure or letter to a competency certificate, licence, permit
                 or authorisation as issued, without the Registrar’s permission;
          (b)   alter or erase any words, figures or letters from any competency
                 certificate, licence, permit or authorisation, without the Registrar’s
                 permission;
          (c)   use or possess any competency certificate, licence, permit or
                 authorisation-
                (i)     to which any words, figures or letters have been unlawfully added;
               (ii)     from which any words, figures or letters have been unlawfully
                        erased; or
              (iii)     on which any words, figures or letters have been unlawfully altered;
          (d) part with a competency certificate, licence, permit or authorisation in order
                that it may be used by any person other than the person to whom it was
                issued or granted;
          (e)  use a competency certificate, licence, permit or authorisation issued in the
                name of another person to procure possession of a firearm or ammunition;
          (f)  supply particulars, information or answers in an application for a
                competency certificate, licence, permit or authorisation in terms of this
                Act, knowing them to be false, incorrect or misleading or not believing
                them to be correct;
          (g)  make a false entry in a register which is required to be kept in terms of this
                Act; or
          (h)  furnish false information in any return required to be submitted in terms of
                this Act.
        (10) It is an offence to-
          (a)  sell, supply or in any other manner give possession of a firearm or
                ammunition to a person who is not allowed in terms of this Act to possess
                that firearm or ammunition; or
          (b)  be in possession of any firearm, imitation firearm or ammunition, with
                 intent to commit an offence or to use the firearm or an imitation firearm to
                 resist arrest or prevent the arrest of another person.
        (11) Any holder of a licence, permit or authorisation to possess a firearm, and any
         other person who was in possession of or who had control of a firearm when it was lost,
         stolen or destroyed and who fails to report the loss, theft or destruction to the police
         station nearest to the place where it occurred, within 24 hours after having become aware
         of the loss, theft or destruction of the firearm, is guilty of an offence.
        (12) It is an offence to obstruct or hinder any person in the exercise of any power
         or the performance of any duty in terms of this Act.
121   Penalties
        Any person convicted of a contravention of or a failure to comply with any
section mentioned in Column 1 of Schedule 4, may be sentenced to a fine or to
imprisonment for a period not exceeding the period mentioned in Column 2 of that
Schedule opposite the number of that section.
                        [Date of commencement of s. 121: 1 June 2001.]
122   Administrative fines
        (1) If a person is alleged to have committed an offence contemplated in section
         120 for which that person may be sentenced to a fine or imprisonment for a period not
          exceeding five years in terms of section 121, the Registrar may cause to be delivered by
          hand to that person (hereinafter referred to as the infringer) an infringement notice which
          must contain the particulars contemplated in subsection (2).
       (2) A notice referred to in subsection (1) must-
         (a)    specify the name and address of the infringer;
         (b)    specify the particulars of the alleged offence;
         (c)    specify the amount of the administrative fine payable, which-
               (i)     if the period contemplated in subsection (1) does not exceed two
                       years, may, in respect of a first infringement, not exceed R5 000
                       and, in respect of a second or subsequent infringement, not exceed
                       R10 000;
              (ii)     if the period contemplated in subsection (1) does not exceed three
                       years, may, in respect of a first infringement, not exceed R15 000
                       and, in respect of a second or subsequent infringement, not exceed
                       R30 000;
             (iii)     if the period contemplated in subsection (1) does not exceed four
                       years, may, in respect of a first infringement, not exceed R20 000
                       and, in respect of a second or subsequent infringement, not exceed
                       R40 000; or
             (iv)     if the period contemplated in subsection (1) does not exceed five
                       years, may, in respect of a first infringement, not exceed R50 000
                       and, in respect of a second or subsequent infringement, not exceed
                       R100 000;
         (d)   inform the infringer that, not later than 30 days after the date of service of
                 the infringement notice, the infringer may-
               (i)     pay the administrative fine;
              (ii)     make arrangements with the Registrar to pay the administrative fine
                       in instalments; or
             (iii)     elect to be tried in court on a charge of having committed the alleged
                       offence; and
         (e)   state that a failure to comply with the requirements of the notice within the
                time permitted, will result in the administrative fine becoming recoverable
                as contemplated in subsection (4).
       (3) If an infringer elects to be tried in court on a charge of having committed the
        alleged contravention or failure, the Registrar must hand the matter over to the
        prosecuting authority and inform the infringer accordingly.
        (4) If an infringer fails to comply with the requirements of a notice, the Registrar
         may file with the clerk or registrar of any competent court a statement certified by him or
         her as correct, setting forth the amount of the administrative fine payable by the infringer,
         and such statement thereupon has all the effects of a civil judgment lawfully given in that
         court in favour of the Registrar for a liquid debt in the amount specified in the statement.
        (5) The Registrar may not impose an administrative fine contemplated in this
         section if the person concerned has been charged with a criminal offence in respect of the
         same set of facts.
        (6) No prosecution may be instituted against a person if the person concerned has
         paid an administrative fine in terms of this section in respect of the same set of facts.
        (7) An administrative fine imposed in terms of this section does not constitute a
         previous conviction as contemplated in Chapter 27 of the Criminal Procedure Act, 1977
         (Act 51 of 1977).
                                         CHAPTER 17
                         ORGANISATIONAL STRUCTURES (ss 123-130)
123   Registrar of Firearms
         The National Commissioner is the Registrar of Firearms.
124   Functions of Registrar
        (1) The Registrar must perform his or her functions in accordance with such
         directions as the Minister may issue.
        (2) The Register must-
          (a)  establish and maintain the Central Firearms Register;
          (b)  establish and control the Office of the Central Firearms Register;
          (c)  recover the fees payable in terms of this Act;
          (d)  develop a training curriculum for competency testing in terms of this Act;
          (e)  conduct research into firearms policies;
          (f)   monitor the implementation of this Act;
          (g)  conduct public education programmes concerning the provisions of this
                Act and all other matters relating to the safe possession and use of
                firearms; and
         (h)   designate police officials as Designated Firearms Officers.
       (3) The Registrar may-
         (a)   conduct any investigation or enquiry which he or she deems necessary in
                 order to exercise his or her powers or carry out his or her duties in terms of
                 this Act; and
         (b)   make recommendations to the Minister on any matter relating to this Act.
125  Central Firearms Register
       (1) The Central Firearms Register must contain-
         (a)   the central firearms database;
         (b)   the central dealers database;
         (c)   the central manufacturers database;
         (d)   the central gunsmiths database;
         (e)   the central importers and exporters database;
         (f)    the central Official Institutions database; and
         (g)   any other information required to be kept by the Registrar in terms of this
                 Act.
       (2) The central databases referred to in subsection (1) must contain-
         (a)    such information as may be prescribed concerning-
               (i)    competency certificates, licences, authorisations and permits, as well
                      as renewals and cancellations thereof;
              (ii)    applications for competency certificates, licences, authorisations and
                      permits and any renewal applications which have been refused in
                      terms of this Act;
             (iii)    transfers of firearms effected in terms of this Act;
             (iv)    imports and exports of firearms and ammunition in terms of this
                       Act;
              (v)    the transport of firearms and ammunition in terms of this Act; and
             (vi)    the loss, recovery, theft or destruction of firearms.
         (b)   all original documentation submitted in support of all applications made in
                 terms of this Act;
          (c)  a record of all licensed dealers, manufacturers, gunsmiths, importers and
                 exporters, transporters for reward, accredited institutions, organisations
                 and all firearms and ammunition in their possession;
          (d)   a record of all firearms in the possession of Official Institutions;
          (e)   a record of the acquisition, transfer, loss, theft or destruction in respect of
                 firearms in the possession of Official Institutions;
          (f)    a record of all firearms recovered, forfeited to the State or destroyed;
          (g)   the fingerprints which have been submitted for purposes of an application
                 in terms of this Act; and
          (h)   any other documentation and information as may be prescribed.
126    Certificate signed by Registrar to constitute prima facie evidence
        Any document containing information contemplated in section 125 and
         purporting to be a certificate signed by the Registrar is, upon production in a court by any
         person, prima facie evidence of the facts stated therein.
127    Appointment and functions of Head of Office of Central Firearms Register
        (1) The Registrar must, with the approval of the Minister, designate a police
         official as Head of the Office of the Central Firearms Register.
        (2) The Head of the Office of the Central Firearms Register-
          (a)   must manage the Office of the Central Firearms Register;
          (b)   must perform the duties assigned to him or her by the Registrar; and
          (c)   may exercise such powers as may be delegated to him or her by the
                 Registrar.
128    Establishment of Appeal Board
        (1) An Appeal Board is hereby established.
        (2) The Appeal Board consists of no more than five members who must be
         appointed by the Minister and who, when viewed collectively, must as far as possible be
         broadly representative of the population of the Republic.
129    Conditions of service, remuneration and allowances of members of Appeal Board
        (1) The period and conditions of office, remuneration and allowances of the
         members of the Appeal Board are as prescribed by the Minister with the approval of the
         Minister of Finance.
       (2) (a) The Minister may at any time withdraw the appointment of a member of
        the Appeal Board if there is sufficient reason for doing so.
       (b) A member may resign by notice in writing to the Minister.
130   Quorum, meetings and procedure of Appeal Board
       (1) The quorum for, the procedure at, and the holding of meetings of the Appeal
        Board are as prescribed.
       (2) The Appeal Board may establish such committees consisting of members of
        the Appeal Board as may be prescribed to perform the duties assigned to them by the
        Appeal Board and to exercise such powers as may be delegated to them by the Appeal
        Board.
131   Administrative work of Appeal Board
       The administrative work of the Appeal Board must be performed by such
        members of the South African Police Service as may be designated by the National
        Commissioner.
132   Establishment of Ministerial Committees
       (1) The Minister may establish such committees as may be appropriate to assist
        him or her, or any other person appointed in terms of this Act, in respect of any matter
         dealt with in this Act.
       (2) The composition and functions of the committees may be determined by the
        Minister.
       (3) The conditions of office, remuneration, allowances and other benefits of
        members of the committees may be prescribed by the Minister with the approval of the
        Minister of Finance.
                                        CHAPTER 18
                                   RIGHT OF APPEAL (s 133)
133   Right of appeal
       (1) Any person-
         (a)   whose application for a competency certificate, licence, permit or
                 authorisation in terms of this Act has been refused;
         (b)   whose competency certificate, licence, permit, or authorisation has been
                 cancelled;
         (c)    whose licence, permit or authorisation has been issued subject to any
                 condition; or
         (d)    who has received a notice of an administrative decision in terms of this
                  Act which may detrimentally affect his or her rights,
                  may, in the prescribed manner, appeal to the Appeal Board.
         (2) The Appeal Board may confirm, vary or reverse any decision against which an
          appeal has been lodged in terms of this section.
         (3) The Appeal Board may admit evidence of facts not before the Registrar when
          he or she made the decision which is the subject of the appeal only if-
           (a)  there is a reasonable explanation for the failure timeously to inform the
                 Registrar of the facts; and
           (b)  the Registrar has had sufficient opportunity to verify the facts and to
                  present any evidence to the Appeal Board in this regard.
         (4) Subject to the provisions of this Act, no person is excused from complying
          with any of the provisions of this Act on the ground that an appeal is pending in terms of
          this section.
                                            CHAPTER 19
                                    COMPENSATION (ss 134-137)
134   Circumstances where no compensation is payable in respect of firearms and ammunition
         forfeited to State
         No compensation is payable to a person in respect of a firearm or ammunition
         forfeited to the State in terms of this Act-
           (a)   if the relevant licence, permit or authorisation was cancelled in terms of
                  this Act because the holder of the licence had contravened or not complied
                  with a provision of this Act or a condition specified in that licence, permit
                  or authorisation; or
           (b)   if the holder of the licence, permit or authorisation became or was in terms
                  of section 102 or 103 declared unfit to possess a firearm.
135   Circumstances where no compensation is payable in respect of firearms and ammunition
         seized by State
         (1) No compensation is payable to a person from whom a firearm or ammunition
          was seized by the State if-
           (a) no licence, permit or authorisation had been issued for such firearm or
                ammunition to that person in terms of this Act; or
           (b) the firearm or ammunition was for any other reason unlawfully in the
                 possession of that person.
        (2) The lawful owner of a firearm or ammunition lost or stolen as a result of his or
         her negligence is not entitled to claim compensation if such firearm or ammunition is
         subsequently seized by the State from another person.
136   No compensation payable where firearms or ammunition are destroyed by State
        (1) The Registrar may in respect of any firearm or ammunition seized by,
         surrendered to or forfeited to the State, issue a notice in the Gazette stating that it is the
         intention of the State to destroy that firearm or ammunition.
        (2) Any person who has a valid claim to the relevant firearm or ammunition may,
         within 21 days after the publication of the notice in the Gazette, make representations to
         the Registrar as to why the firearm or ammunition should not be destroyed.
        (3) If the Registrar is satisfied, after consideration of any representations
contemplated in subsection (2), that a valid claim to the relevant firearm or ammunition
has not been proved, the firearm or ammunition may be destroyed and no compensation
will be payable to anyone in respect thereof.
137   Application for compensation
        (1) A person whose firearm has been surrendered or forfeited to the State in
        circumstances other than those referred to in sections 134, 135 and 136 may apply to the
        Registrar for compensation in respect of that firearm in the prescribed form.
        (2) On receipt of an application for compensation made in terms of this section,
         the Registrar must-
          (a)   decide whether or not compensation is payable in terms of this Chapter;
          (b)   if compensation is payable, attempt to agree with the applicant on the
                 amount of compensation to be paid; and
          (c)   if compensation is payable, but no compensation is agreed upon,
                 determine the amount of compensation to be paid.
        (3) An applicant for compensation may appeal against a decision of the Registrar
        made in terms of subsection (2) (c).
        (4) On receipt of an appeal lodged in terms of subsection (3) the Appeal Board
        must-
          (a)  hear the applicant and the Registrar; and
          (b) determine the amount of compensation to be paid.
        (5) The Minister must, with the approval of the Minister of Finance, establish
         guidelines for the payment of compensation, taking into account the-
         (a)   financial constraints on the State and its ability to meet actual and
                anticipated claims for compensation; and
         (b)   interests of persons who have applied or may in the future apply for
                compensation.
       (6) The guidelines referred to in subsection (5) bind-
         (a)   the Registrar when he or she agrees or determines compensation in terms
                of subsection (2); and
         (b)   the Appeal Board when it determines compensation in terms of subsection
                (4).
       (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.
                                            CHAPTER 20
 SPECIAL POWERS RELATING TO AMNESTIES AND FIREARM-FREE ZONES (ss 138-140)
138   Definition
       In this Chapter ‘amnesty’ means an indemnity against prosecution for the unlawful
       possession of a firearm or ammunition.
139   Amnesty
       (1) The Minister may, by notice in the Gazette, declare an amnesty if-
         (a)   the amnesty may result in the reduction of the number of illegally
                possessed firearms in South Africa; and
         (b)   it is in the public interest to do so.
       (2) A notice contemplated in subsection (1)-
         (a)   will only be valid if it is approved by Parliament;
         (b)   must specify the period during which persons may apply for amnesty; and
         (c)    must specify the conditions under which amnesty may be granted.
       (3) A person who surrenders a firearm or ammunition in compliance with a notice
        published in terms of subsection (1), may not be prosecuted in relation to-
         (a)   the firearm, for having been in possession of that firearm without the
                appropriate licence, permit or authorisation; or
         (b)   the ammunition, for having been in possession of that ammunition without
                having been in lawful possession of a firearm capable of discharging the
                ammunition.
       (4) (a) A person who surrenders a firearm in compliance with a notice published
        in terms of subsection (1) may apply in terms of this Act for a licence in respect of that  
        firearm.
       (b) If a licence is granted, the firearm and ammunition, if any, surrendered in
        terms of this Act must be returned to the holder of the licence.
       (5) The Registrar must dispose of any firearm or ammunition surrendered in
        compliance with a notice in terms of subsection (1) in such manner and after the expiry of
        such period as may be prescribed.
140   Firearm-free zones
       (1) The Minister may, after consultation with the National Commissioner and the
        Secretary for Safety and Security, by notice in the Gazette declare any premises or
        categories of premises to be firearm-free zones, if it is-
         (a)   in the public interest; and
         (b)   in accordance with the objects of this Act.
       (2) Unless authorised to do so in terms of a notice issued under subsectionÿ20 (1),
        no person may-
         (a)   allow any firearm or ammunition to be in a firearm-free zone;
         (b)   carry any firearm or ammunition in a firearm-free zone; or
         (c)   store any firearm or ammunition in a firearm-free zone.
       (3) A police official may, without warrant-
         (a)   search any building or premises in a firearm-free zone if he or she has a
                suspicion on reasonable grounds that a firearm or ammunition may be
                present in the firearm-free zone in contravention of a notice issued in
                terms of subsection (1);
         (b)   search any person present in a firearm-free zone; and
         (c)   seize any firearm or ammunition present in the firearm-free zone or on the
                person in contravention of a notice issued in terms of subsection (1).
                      [Date of commencement of s. 140: 1 June 2001.]
                                          CHAPTER 21
                                GENERAL PROVISIONS (ss 144-154)
141    Delegation of powers and assignment of duties
        (1) The Registrar may delegate any power conferred on him or her and assign any
         duty imposed on him or her by or under this Act to any official in the service of the State.
        (2) An official to whom a power has been delegated or a duty has been assigned
         in terms of subsection (1) must exercise the power or perform the duty subject to the
         control and directions of the Registrar.
        (3) The Registrar may, notwithstanding a delegation or assignment in terms of
         subsection (1), personally exercise the power or perform the duty delegated or assigned to
         another official.
142    Designation as police officials
        For purposes of this Act, the Minister may in writing designate any person or any
        category of persons employed by the State, as police officials.
143    Service of documents
        (1) Any notice or other document to be served on or given to any person in terms
         of this Act may be-
          (a)  delivered by hand to that person;
          (b)  left at that person’s usual or last known place of residence or business;
          (c)  left at an address specified by that person for the purpose of any
                 application made in terms of this Act;
          (d)  posted by certified mail addressed to that person by name at that person’s
                 last known place of residence or business or at a postal address specified
                 by that person for the purpose of any application made in terms of this
                 Act;
          (e)  delivered to any legal representative or other agent of that person who is
                 duly authorised by that person to receive it;
          (f)   if the relevant person is deceased, delivered to that person’s legal
                 representative or to the executor of his or her estate; or
          (g)   if the relevant person is absent from South Africa, delivered to that
                 person’s legal representative or agent in South Africa or served in such
                 manner as may be prescribed by regulation.
        (2) This section does not apply to notices or other documents served or given
         during the course of any proceedings in a court of law or to notices in terms of section
         122.
144   Return of service
        A document purporting to be signed by a police official, or person designated
        under section 142, indicating that the service was effected in accordance with section 143
        (1) by the person who has signed the document, is upon production in a court by any
        person, prima facie evidence of service of the document.
145   Regulations
        (1) The Minister may, by notice in the Gazette, make regulations regarding-
          (a)  anything that may or must be prescribed in terms of this Act;
          (b)  the surrendering of firearms and ammunition to the South African Police
                 Service;
          (c)  the production of any firearm to which any application relates for the
                 purpose of identification, and the discharging of ammunition for
                 identification purposes;
          (d)  the determination and payment of fees payable in respect of the issue or
                renewal of any competency certificate, licence, permit or authorisation or
                in respect of anything else for which a fee may be charged in terms of this
                Act;
          (e)  the fees or remuneration which may be charged by dealers in respect of
                any firearm, or other device, required to be disposed of through a dealer in
                terms of this Act;
          (f)  the security of any premises at which dealers, manufacturers, gunsmiths,
                importers and exporters of firearms and ammunition, Official Institutions
                or persons who use firearms for business purposes conduct business,
                including precautions and procedures to be taken to prevent the theft or
                unlawful use of firearms and ammunition in the possession of such
                persons;
          (g)  precautions to be taken in respect of the carriage, use, safe custody or
                destruction of firearms and ammunition;
          (h)  the surrender and disposal of competency certificates, licences, permits or
                authorisations issued in terms of this Act which have been suspended,
                revoked or cancelled or which have ceased to be valid;
          (i)   the notification of change of address;
          (j)   the acquisition, disposal, possession, import or export of equipment and
                 material designed for the loading of ammunition;
           (k) the taking of fingerprints;
           (l)  the periods for and the manner in which, and by whom, documentation
                 contemplated in this Act must be retained;
           (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 under the control of the Official Institution; and
           (n) generally with regard to any other matter which it is necessary or
                 expedient to prescribe in order to achieve or promote the objects of this
                 Act.
         (2) A regulation may provide for a penalty for any contravention thereof or failure
          to comply therewith, of a fine or imprisonment for a period not exceeding 12 months or
          both a fine and such imprisonment.
         (3) A regulation regarding the determination of fees may be made only with the
approval of the Minister of Finance.
         (4) In making regulations, other than those relating to the payment of fees, the
          Minister may differentiate between different areas in South Africa.
146    Disposal of firearms in case of ceasing to carry on business
          If a person who holds a licence issued in terms of section 20 or who holds a
          licence, permit or authorisation contemplated in Chapter 7 or 8, ceases to carry on
          business for any reason, the firearms and ammunition in possession of that person must
          be kept in safe custody by the person and at the place designated by the Registrar, until
          they are disposed of as prescribed.
147    Disposal of firearms in case of death
         (1) In the case of the death of the holder of a firearm licence, the firearm in
          question must be disposed of as prescribed.
         (2) The executor of the estate of a deceased person who comes into possession of
          a firearm licensed to the deceased must store the firearm as prescribed.
148    Inherited firearms
         (1) A person who inherits a firearm must-
           (a)   if he or she wishes to keep the firearm, apply for an appropriate licence,
                  permit or authorisation in terms of this Act; or
           (b)   if he or she does not wish to acquire the firearm, or fails to obtain the
                  appropriate licence, permit or authorisation, have the firearm deactivated
                  or dispose of it in terms of this Act.
        (2) The Registrar may issue a temporary authorization contemplated in section 21,
         to allow a person who inherits a firearm a reasonable time to dispose of it.
149    Compulsory destruction of firearms by State
        (1) A firearm may only be destroyed as prescribed.
        (2) Any firearm or ammunition forfeited to the State in terms of this Act-
          (a)    must be destroyed by the State within six months of the date of the
                  forfeiture or after all possible appeals have been concluded or the last date
                  on which any appeal could have been noted has passed without an appeal
                  having been noted, whichever occurs last; and
          (b)    remains the property of the owner thereof until its destruction.
        (3) (a) Despite subsection (2), the State may retain any firearm or ammunition
         forfeited to the State, which the Registrar deems to be of special value.
        (b) Any firearm or ammunition retained by the Registrar in terms of paragraph (a)
         becomes the property of the State when the Registrar informs the former owner of the
         firearm of that fact.
        (c) Subject to Chapter 19, the former owner of any firearm or ammunition which
         becomes the property of the State in terms of paragraph (b) may apply for compensation
         in terms of this Act.
150    Deactivation of firearms
        (1) For purposes of this section ‘to deactivate’ means to render permanently
         inoperable and ‘deactivation’ has a corresponding meaning.
        (2) A firearm may only be deactivated by a gunsmith in the prescribed manner.
        (3) If a firearm is deactivated by a gunsmith-
          (a)    the gunsmith must issue a certificate to that effect indicating the manner in
                  which the deactivation was performed;
          (b)    the holder of the licence in respect of the firearm in question must notify
                  the Registrar within 14 days after such deactivation, and at the same time
                  forward to the Registrar a copy of the deactivation certificate; and
          (c)    the gunsmith must notify the Registrar within 14 days after any
                  deactivation done by him or her, and at the same time forward to the
                  Registrar a copy of the deactivation certificate.
        (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 approved by Parliament
          before publication thereof.
151   Jurisdiction of magistrates’ courts
         Despite any law to the contrary, any magistrates’ court has jurisdiction to impose
         any penalty provided for in terms of this Act.
152   Act binds State
         This Act binds the State.
153   Repeal of laws
         Subject to Schedule 1, the laws mentioned in the Column 1 of Schedule 3 are
         hereby repealed to the extent mentioned in Column 3 of Schedule 3.
154   Short title and commencement
         This Act is called the Firearms Control Act, 2000, and comes into effect on a date
         to be fixed by the President by proclamation in the Gazette.
                                            Schedule 1
                                    TRANSITIONAL PROVISIONS
1      Existing licence to possess an arm
        (1) Subject to subitem (2) and item 11, any licence which was issued in terms of
         the previous Act and which was valid immediately before the date of the commencement
         of this Act, remains valid for a period of five years from the date on which this Act
         comes into operation, unless such licence is terminated, cancelled or surrendered in terms
         of this Act.
        (2) (a) The holder of a licence to possess an arm contemplated in subitem (1)
         must, before the end of the period contemplated in that subitem, in a lawful manner
         dispose of any firearms in his or her possession in excess of the number that he or she
         may lawfully possess in terms of this Act.
        (b) For the purpose of paragraph (a), section 31 (2) does not apply.
        (3) Any firearm not disposed of as contemplated in subitem (2) may be forfeited
         to the State and must be disposed of in the prescribed manner.
2      Existing dealer’s licence
        Subject to item 11, any licence issued in terms of section 19 (1) of the previous
        Act or transferred in terms of section 20 of that Act or any temporary licence issued in
        terms of section 19A(1) of the previous Act, which was valid immediately before the date
        of commencement of this Act, remains valid for one year from that date, unless it is
        terminated, cancelled or surrendered in terms of this Act.
3      Existing permit for importation or exportation of arms and ammunition
        Subject to item 11, any permit issued in terms of section 26 (1) or 32 (1) of the
        previous Act, which was valid immediately before the commencement of this Act,
        remains valid for the period specified in that permit, unless terminated, cancelled or
        surrendered in terms of this Act.
4      Existing permit for manufacture of arms and ammunition
        Subject to item 11, any permit issued in terms of section 30 of the previous Act,
        which was valid immediately before the commencement of this Act, remains valid for
        one year from that date, unless terminated, cancelled or surrendered in terms of this Act.
5      Existing authorisations and certain existing permits
        Subject to item 11, any authorisation issued in terms of section 3 (5) or 33A(1) of
        the previous Act or any permit issued in terms of the previous Act other than a permit
        contemplated in item 3 or 4, which was valid immediately before the commencement of
        this Act, remains valid for the period specified in the authorisation or permit, as the case
        may be, unless terminated, cancelled or surrendered in terms of this Act.
6      Person unfit to possess a firearm
        (1) Any person declared to be unfit to possess an arm in terms of the previous Act  
         must be regarded as having been declared unfit to possess a firearm in terms of this Act.
        (2) Despite items 1, 2, 3, 4 and 5, any person holding a licence contemplated in
         any of those items may in terms of this Act become or be declared unfit to possess a
         firearm.
7      Register in terms of previous Act to be kept by Registrar
        (1) The register kept in terms of section 42 of the previous Act must be
         maintained by the Registrar for such period as may be necessary.
        (2) A certificate purporting to be signed by the Commissioner or any person
         acting under his or her authority stating any fact recorded in the register referred to in
         subitem (1) is upon production in a court by any person, prima facie evidence of the fact
         so stated.
8      Matters pending under previous Act
        (1) Subject to subitems (2) and (3), this Act does not affect any proceedings
         instituted in terms of the previous Act which were pending in a court of law immediately
         before the date of commencement of this Act, and such proceedings must be disposed of
         in the court in question as if this Act had not been passed.
        (2) Proceedings contemplated in subitem (1) must be regarded as having been
         pending if the person concerned had pleaded to the charge in question.
        (3) No proceedings may continue against any person in respect of any
         contravention of a provision of the previous Act if the alleged act or omission
         constituting the offence would not have constituted an offence if this Act had been in
          force at the time when the act or omission took place.
         (4) (a) Despite the repeal of the previous Act, any person who, before such repeal,
          committed an act or omission which constituted an offence under that Act and which
          constitutes an offence under this Act, may after this Act takes effect be prosecuted under
          the relevant provisions of this Act.
         (b) Despite the retrospective application of this Act as contemplated in paragraph
         (a), any penalty imposed in terms of this Act in respect of an act or omission which took
          place before this Act came into operation may not exceed the maximum penalty which
          could have been imposed on the date when the act or omission took place.
9      Investigations by Commissioner under previous Act
         (1) An investigation by the Commissioner in terms of the previous Act which has
          not been completed when this Act commences, must be discontinued.
         (2) Any act or omission committed prior to the coming into operation of this Act,
          which constituted grounds for declaring a person unfit to possess an arm, must be
          regarded as constituting grounds for declaring a person unfit to possess a firearm in terms
          of this Act.
10     Consideration of validity of existing licence, permit and authorisation
         (1) Despite this Schedule, the Registrar may at any time notify any person who
          holds a licence, permit or authorisation contemplated in item 1, 2, 3, 4 or 5 that he or she
          intends investigating the validity of that licence, permit or authorisation.
         (2) The person notified must on a date specified in the notice furnish the
         Registrar-
           (a)    with the original licence, permit or authorisation in question, against the
                    issue of a receipt; and
           (b)    with such additional information as may be required in terms of the notice.
         (3) If the Registrar finds that the licence, permit or authorisation was not validly
          issued, the holder of the licence, permit or authorisation must, if applicable and against
          the issue of a receipt, surrender the firearm in question to a police official at a police
          station specified by the Registrar in a written notice to the holder.
         (4) The firearm must be disposed of as prescribed after the expiration of a period
          of six months after the date of surrender or after all possible appeals have been concluded
          or the last date on which any appeal could have been noted has passed without an appeal
          having been noted, whichever occurs last.
        (5) The Registrar may declare the holder referred to in subitem (3) to be unfit to
         possess a firearm, in which case the provisions of Chapter 12 of this Act apply with the
         necessary changes.
        (6) Any person who fails to comply with subitem (2) or (3) is guilty of an offence
         and is liable on conviction to a fine or to imprisonment for a period not exceeding one
         year or to both a fine and such imprisonment.
11    Renewal of licence
        (1) (a) The holder of a licence, permit or authorisation contemplated in item 1, 2,
         3, 4 or 5 must apply for the corresponding licence, permit or authorisation in terms of this
         Act within the period determined by the Minister by notice in the Gazette.
        (b) Different periods may be determined in terms of paragraph (a) in respect of-
         (i)    different licences, permits or authorisations; and
        (ii)     holders whose surnames start with different letters of the alphabet, or
                 whose dates of birth fall in different months.
        (c) The period contemplated in paragraph (a) must end before the end of the
         relevant period contemplated in item 1 (1) and may not exceed the periods contemplated
         in item 2, 3, 4 or 5.
        (d) If an application for the renewal of a licence, permit or authorisation has been
         lodged within the period provided for in this section, the licence, permit or authorisation
         remains valid until the application is decided.
        (2) An application for a licence, permit or authorisation contemplated in subitem
(1) must in addition to any requirement in terms of this Act be accompanied by-
          (a)   a certified copy of the existing licence, permit or authorisation;
          (b)   such other information as may be required.
        (3) For purposes of this item, section 9 (2) (r) does not apply.
        (4) Any holder of a licence, permit or authorisation who fails to apply for the
         renewal of his or her licence, permit or authorisation before the end of the period
         determined by the Minister in terms of subitem (1), is guilty of an offence and liable on
         conviction to a fine or to imprisonment for a period not exceeding one year or to both a
         fine and such imprisonment.
                                           Schedule 2
        CRIMES AND OFFENCES GIVING RISE TO UNFITNESS ENQUIRY BY COURT
                                       (Section 103 (2))
1.   High treason
2.   Sedition
3.   Malicious damage to property
4.   Entering any premises with the intent to commit an offence under the common law
      or a statutory provision
5.   Culpable homicide
6.   Extortion
7.   Any crime or offence-
          (a)    in terms of this Act or the previous Act, in respect of which an accused
                  was not sentenced to a period of imprisonment without the option of a
                  fine;
          (b)    in terms of the Domestic Violence Act, 1998 (Act 116 of 1998), in respect
                  of which an accused was not sentenced to a period of imprisonment
                  without the option of a fine;
          (c)    involving violence, sexual abuse or dishonesty, in respect of which an
                  accused was not sentenced to a period of imprisonment without the option
                  of a fine; or
          (d)    in terms of the Explosives Act, 1956 (Act 26 of 1956), in respect of which
                  an accused was not sentenced to a period of imprisonment without the
                  option of a fine.
8.   Any conspiracy, incitement or attempt to commit any offence referred to in this
      Schedule
                                            Schedule 3
                                        LAWS REPEALED
                                          (Section 153)
 No. and year of Act                          Short title                    Extent of repeal
   Act 75 of 1969                   Arms and Ammunition Act, 1969               The whole
   Act 80 of 1971                 General Law Amendment Act, 1971               Section 25
   Act 35 of 1973             Arms and Ammunition Amendment Act, 1969           The whole
   Act 94 of 1974              Second General Law Amendment Act, 1974           Section 48
   Act 16 of 1978             Arms and Ammunition Amendment Act, 1978           The whole
  Act 19 of 1983         Arms and Ammunition Amendment Act, 1983          The whole
  Act 60 of 1988         Arms and Ammunition Amendment Act, 1988          The whole
  Act 30 of 1990         Arms and Ammunition Amendment Act, 1990          The whole
  Act 79 of 1991         Arms and Ammunition Amendment Act, 1991          The whole
  Act 117 of 1992      Arms and Ammunition Acts Amendment Act, 1992       The whole
  Act 65 of 1993         Arms and Ammunition Amendment Act, 1993          The whole
  Act 177 of 1993    Arms and Ammunition Second Amendment Act, 1993       The whole
   Act 7 of 1995         Arms and Ammunition Amendment Act, 1995          The whole
                                         Schedule 4
                                        PENALTIES
                                      (Section 121)
[Date of commencement of Schedule 4 in respect of the penalties under s. 140 (2): 1 June
                                          2001.]
     Section       Maximum period of imprisonment
        3                      15 years
        4                      25 years
      12 (3)                  Two years
      13 (4)                  Two years
      14 (5)                  Five years
      15 (4)                  Two years
      16 (3)                  Two years
      16 (4)                  Two years
    17 (3) (a)                Two years
    17 (3) (b)               Three years
      17 (4)                  Two years
    18 (2) (b)                Five years
      18 (3)                  Five years
    18 (4) (a)                Two years
    18 (4) (b)               Three years
      19 (3)                  Five years
    19 (4) (a)                Two years
    19 (4) (b)               Three years
      19 (5)                 Five years
      19 (6)                 Five years
      20 (4)                 Five years
    20 (5) (a)               Five years
    20 (5) (b)                25 years
    20 (6) (a)               Five years
    20 (6) (b)               Five years
      20 (7)                 Two years
      20 (8)                 Two years
      21 (4)                 Two years
      21 (5)                 Five years
      23 (5)                  10 years
      23 (6)                 Five years
      25 (1)                 Two years
      26 (1)                 Two years
      28 (4)                  10 years
      28 (5)                  10 years
      29 (1)                 Two years
      29 (2)                 Two years
      31 (1)                  25 years
      31 (2)                  25 years
      31 (3)                  15 years
      32 (2)                Four years
      36 (6)                 Two years
       38                    Two years
      39 (1)                Four years
      39 (2)                Four years
      39 (3)                 Five years
      39 (4)                 Two years
      39 (5)                Three years
      39 (6)                Three years
      39 (8)                Three years
      39 (9)                  15 years
      41 (4)                  25 years
      42 (4)                  25 years
      42 (5)                  25 years
      44 (1)                 Two years
      44 (2)                 Two years
      45 (1)                  25 years
      45 (2)                  25 years
      50 (6)                 Two years
       52                    Two years
      53 (1)                Four years
      53 (2)                 Five years
      53 (3)                Three years
      53 (4)                 Two years
      53 (5)                 Two years
      53 (6)                Three years
      53 (7)                  15 years
      55 (4)                  25 years
      56 (4)                  25 years
      56 (5)                  25 years
      58 (1)                 Two years
      58 (2)                 Two years
       59                     15 years
      64 (6)                 Two years
       66                    Two years
      67 (1)                 Two years
      67 (2)                 Five years
      67 (3)                 Two years
      67 (4)                Three years
      67 (5)                Three years
      67 (7)                Three years
      67 (8)                  15 years
      69 (4)                  25 years
      70 (4)                  25 years
      70 (5)                  25 years
      72 (1)                 Two years
      72 (2)                 Two years
      73 (1)                  15 years
      73 (2)                  15 years
      78 (1)                 Two years
      78 (2)                Three years
      78 (3)                Three years
      78 (4)                  15 years
      80 (4)                  25 years
      82 (1)                 Two years
      82 (2)                 Two years
       83                     15 years
       84                    Two years
      85 (1)                  25 years
      87 (1)                 Two years
      87 (2)                 Two years
      87 (3)                 Two years
      88 (2)                  25 years
       90                     15 years
      91 (1)                  10 years
      93 (2)                  10 years
      93 (3)                  10 years
      94 (2)                 Five years
      94 (3)                 Two years
      98 (1)                 Two years
      98 (5)                 Two years
      98 (7)                 Two years
     104 (2)                  15 years
     106 (1)                 Two years
     107 (1)                  10 years
     107 (2)                 One year
     108 (1)                 One year
      120 (2)                 15 years
      120 (3)                Five years
      120 (4)               Three years
      120 (5)               Three years
      120 (6)                 10 years
      120 (7)                Five years
      120 (8)                Five years
      120 (9)                Five years
   120 (10) (a)               10 years
   120 (10) (b)               25 years
     120 (11)                 10 years
     120 (12)                Five years
    140 (2) (a)              Five years
    140 (2) (b)               10 years
    140 (2) (c)               25 years
    146                    15 years
    147 (1)                Five years
    147 (2)                Five years
    147 (3)                Five years
    147 (4)                 15 years
    148                    25 years
    149 (1)                 10 years
    150 (2)                Five years
    150 (3) (a)              Two years
    150 (3) (b)              Two years
    150 (3) (c)              Two years

Gun Law

1 comment to Firearm Control Act

  • Stephen

    Hi
    I had not obtained a new gun licence and was about to hand my firearm in for safekeeping at a licenced gun shop. As I was born in December my licence requirements were last and I was amongst many others trying to hand out in our fire-arms. The gunshop owner then announed that the Act below had been over ruled by the high court
    Firearm Control Act
    FIREARMS CONTROL ACT 60 OF 2000
    Is this still the case. ie green licences are still valid?

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