FIREARMS CONTROL ACT: FREQUENTLY ASKED QUESTIONS

Published On: 18 May 2022By Categories: Firearm Safety & Control

Article compiled by Johan Martin: Specialist Attorney. Director at Martin & De Beer Incorporated, Bloemfontein, & consultant for the Legally Armed Franchise Group

WE CONTINUE WITH THE SERIES ON DIFFERENT ASPECTS OF THE FIREARMS CONTROL ACT WICH ARE THE MOST FREQUENTLY ASKED QUESTIONS IN THE INDUSTRY

Today we will deal with Chapter 8 of the Act, the Import, Export and Carriage In-Transit of Firearms and Ammunition.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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.

Please contact the author at johan@mdbinc.co.za or Bernu van den Heever at bernu@legally armed.co.za

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