FIREARMS CONTROL ACT FREQUENTLY ASKED QUESTIONS – JUNE 2022

Published On: 6 Jul 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 WHICH ARE THE MOST FREQUENTLY ASKED QUESTIONS IN THE INDUSTRY.

Today we will deal with sections 84, 90, 91 and 93 of the Act, the Carrying of firearm in public place, the Prohibition of possession of ammunition, Restrictions on possession of ammunition and the Loading or reloading of ammunition.

Section 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.

Section 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.

Section 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.

Section 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.

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

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