COMMENTS ON SUBMISSIONS ON FIREARMS CONTROL BILL, 2006

1
COMMENTS ON SUBMISSIONS ON FIREARMS CONTROL BILL,
2006

• PORTFOLIO COMMITTEE
• FOR SAFETY AND SECURITY
• 23 August 2006

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AUDIT VERSUS RELICENSING

• Some presenters asked for plain audit, and that
  all firearms licensed under repealed Act, be
  retained.
• Others request audit with competency testing, and
  to retain all firearms licensed under the
  repealed Act.
• To replace relicensing process now with audit,
  would be counter-productive and disruptive. Audit
  with competency testing differs very little from
  relicensing process, if firearms limited to
  numbers of new Act.
• Proposal Retain relicensing process, but confirm
  policy that existing firearms will be relicensed,
  subject to the requirements of the new Act
  (numbers, competency testing and motivation for
  specific category).
• Policy for relicensing should give full
  recognition for existing ownership, within
  numbers limitation.

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SILENCERS

• Propose that section 94 of the Act be amended to
  include a silencer.
• This will ensure that only persons who are
  licensed to own a firearm may be in possession of
  a silencer
• Section 94 of the principal Act is hereby amended
  by the substitution for subsection (1) of the
  following 
• (1) For purposes of this section, firearm part
  means a slide, bolt, or breach-block, or a
  device to muffle or moderate the report of a
  firearm.

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Definition of ammunition primers

• It was requested that primers on its own should
  not be regarded as ammunition.
• Even under the repealed Act it was regarded as
  ammunition.
• Primers are needed for reloading purposes and it
  is believed the position should remain unchanged.

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Dispossession Define

• It is proposed that it be defined as follows
• dispossession, for the purposes of section
  118, means to have parted with a firearm in a
  manner which is in contravention of section
  120(10)(a) of the Act, and dispossessed shall
  have a corresponding meaning
• Section 120(1)(a) prohibits the selling,
  supplying or in any manner giving possession to a
  person who is not allowed to possess a firearm
  or ammunition in terms of Act. Present wording of
  section 118 only covers lost, theft or
  destruction.

6
Self Defence / Necessary Defence

• It was requested that the term used in section
  13, namely self defence, should be substituted
  by necessary defence or private defence.
• As explained the licence is granted primarily for
  self-defence and if it is used in defence of
  another person, section 13(4) provides that such
  firearms may be used for a lawful purpose.

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Number of rounds in possessionof Collectors

• Propose that calibre be defined as follows
• (c) calibre, for purposes of sections 18(1)(b)
  and 19(3), means cartridge type defined by
  dimensions, make, mark and model of the
  ammunition in question.
• This will only be applicable to collectors.

8
Provisional licence

• It was asked that provisional approval be given
  where a deposit needs to be paid in order to have
  a firearm custom built, or where a firearm is
  replaced with another, also when a firearm is
  re-barreled.
• It can be dealt with administratively by
  approving such licence, but only issuing it once
  conditions have been complied with.
• In cases where application is made for import,
  the approval of import is only done where the
  license will be approved as well, and can
  therefore be regarded as provisional approval

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Renewal of competency

• Do not do away with field test.
• Competency runs with period of validity of
  licence.
• False information is offence.
• Information except mental capacity, alcoholism,
  drug dependency on system
• Issues such as mental capacity drugs, alcohol not
  on our system.
• Any red lights must be followed up with field
  investigation, in same manner as initial
  application.

10
Brokering

• Adequately covered in National Conventional Arms
  Control Act.

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LOAN / USE OF FIREARM

• Age limit proposed ) (ISS) eg 18 years
• Broader interpretation requested of immediate
  supervision and stepped age- 14 years under
  immediate supervision above 14 years on farm or
  property not under immediate supervision.
• Recommends Immediate supervision should be
  retained -to allow anything else would bring us
  in position where we were with permission with
  letter of owner which was deleted in old Act.
• Do not think age limit is necessary- remains
  responsibility of the owner of firearm-but must
  be under his immediate supervision.

12
New Category of licence, namely professional
hunter

• Can and should register as business in hunting,
  because that is what person do.

13
SASSETA Certificates

• SAPS acknowledges the problem experienced with
  SASETA certificates
• We will look at Regulations and consider the
  deletion for requirement of SASSETA certificate.
  Take up with SETA/Dept of Labour.
• Certificate issued by service provider who is
  accredited anyway
• Administratively SAPS can use service provider
  certificate and receive SASSETA certificate for
  record purposes only.

14
Admission of Guilt Fines

• See S v Makolane 2006(1) SACR 589 (TPD)
• Confirms principle that where admission of guilt
  is paid, that it is not automatically ground for
  unfitness.
• However, a pattern, or exceptional circumstances
  could constitute grounds for unfitness.
• Court also stated that present Act, section
  103(2) is difficult to understand.
• Section 103 of Act did not preclude the use of
  the procedure set out in section 57A of the CPA,
  and the accuseds admission of guilt and the
  imposed fine were in order.
• Propose that amendment proposed should be
  retained.

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RELATIONSHIP NCACC

• There is a perception that all exports will as a
  result of the amendment of section 96 have to be
  channeled through NCACC.
• The relevant section of NCACC determines that the
  NCACC may determine which exports must also be
  approved by them, and channeled through SAPS to
  NCACC
• Only those determined will be be submitted only
  aligns the Firearms Control Act with NCACC Act.
• There was complaint about the low threshold- that
  must be taken up with the NCACC.

16
Definition of muzzle loader

• Agree definition must be amended
• muzzle loading firearm means-
• (a) a barreled device that can fire only a single
  shot per barrel and requires after each shot
  fired the individual reloading through the muzzle
  end of the barrel or cylinder with separate
  components consisting of a
• (i)   measured charge of black powder or
  equivalent propellant
• (ii)   wad and
• (iii)   lead bullet, sabot or shot functioning as
  a projectile,
• and ignited with a flint, match, wheel or
  percussion cap or..

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Definition of muzzle loader

• Above definition will address miniture and other
  muzzle loading canon.
• See cylinder would depend on how we deal with
  cap and ball revolvers.
• They were not previously included in definition
  of firearm, because not loaded in muzzle, but in
  cylinder.
• Is cumbersome to reload and differs from other
  muzzleloaders in that it can fire six shots in
  succession before reloading.

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Cap and Ball revolvers

• Policy decision needed.
• Can fire six shots in succession.
• Is cumbersome to reload.
• Cannot be compared to modern revolvers and
  pistols.
• Not evidence used in crime- one case where such
  bullet found in body.
• Would probably not be preferred weapon.
• Poses a greater danger than single shot muzzle
  loaders.

19
Storage of firearm on dealers premises

• Relates to Regulation
• Do not agree with problem.

20
Weekly returns gunsmiths

• Relates to Regulations only.

21
Testing of firearms by dealer/gunsmith accredited
range

• Not aware that this is real problem.
• Do not agree that gunsmith use other shooting
  ranges to test fire firearms

22
Competency certificates for muzzle loader

• Request that any competency certificate must be
  acceptable.
• Collectors/associations willing to develop
  specific course.
• Differ from other firearms.
• Not in agreement that any competency certificate
  be acceptable

23
Role of heritage association

• It was pointed out by collectors that Heritage
  Agency SAHRA could only play a role in respect of
  historic value Proposal
• (a) A firearm which may be possessed in a private
  collection is any firearm approved for
  collection by an accredited collectors
  association, based upon such historical,
  technological, scientific, heritage,
  educational, cultural, commemorative,
  investment, rarity, thematic or artistic value
  as determined by the association, or
• (b) where a firearm is approved for collection as
  a heritage item as defined in the National
  Heritage Resources Act, 1999 (Act No. 11 of
  1999), such approval shall be subject to
  confirmation by the South African Heritage
  Resources Agency or its appointed agents.

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Section 119 additional licence

• Requirement of proof of handing over opposed
• This relates to situation where a husband and
  wife both are holders of a licence to posses the
  same firearm and firearm is lost.
• The spouses cannot be obliged to testify against
  each other.
• Proposed documentary proof would mean that spouse
  will need to document handing over of firearm
  every time, which is not practical in household.
• The value of the proposed amendment in household
  situation is doubtful and it is proposed to
  delete it from the Bill.

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Competency certificate for collector section 10

• Add category to possess a firearm as public
  collector
• Amend Clause 9
• (1) An application for a competency certificate
  to possess a firearm, to trade in firearms, to
  manufacture firearms, or to possess a firearm
  as a private collector in a specific category or
  to carry on business as a gunsmith must be
  delivered to the Designated Firearms Officer
  responsible for the area in which the applicant
  normally resides or in which the applicants
  business is or will be situated, as the case may
  be.

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Competency certificate for collector section 10

• Include in Clause 9 iB possess a firearm as a
  private collector in a specific category

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Making Inoperable of Restricted Firearms for
collection

• The idea is to ensure that the process is non
  damaging.
• It is so that collectors are responsible, but
  possession of automatic weapons by private
  individuals should be restricted in accordance
  with the SADC Protocol.
• Regulations which will describe process of making
  firearm inoperable will be drafted through
  consultation with the Collectors.

28
Protection order- interim/final

• See section 9 of Domestic Violence Act 116 of
  1998
• 9         (1) The court must order a member of
  the South African Police Service to seize any arm
  or dangerous weapon in the possession or under
  the control of a respondent, if the court is
  satisfied on the evidence placed before it,
  including any affidavits supporting an
  application referred to in section 4 (1), that-
        
•   

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Protection order- interim/final

• (a)     the respondent has threatened or
  expressed the intention to kill or injure
  himself or herself, or any person in a domestic
  relationship, whether or not by means of such
  arm or dangerous weapon or       
• (b)     possession of such arm or dangerous
  weapon is not in the best interests of the
  respondent or any other person in a domestic
  relationship, as a result of the respondent's-
  (i)     state of mind or mental condition
           
• (ii)     inclination to violence or          
• (iii)     use of or dependence on intoxicating
  liquor or drugs.

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Protection order- interim/final

• (2) Any (fire)arm seized in terms of subsection
  (1) must be handed over to the holder of an
  office in the South African Police Service and
  the court must direct the clerk of the court to
  refer a copy of the record of the evidence
  concerned to the National Commissioner of the
  South African Police Service to consider
  declaration of unfitnes to possess firearm.
• Upon receipt of above information, any pending
  application for a competency certificate or
  firearms licence is placed on hold until the
  matter is finalised.   

31
Imitation firearms

• It is correct that there is an anomaly that any
  person may be in possession of a deactivated
  automatic firearm, but not of an imitation of
  such firearm which also cannot fire ammunition.
• Section 2 of the Dangerous Weapons Act provides
  that Any person who is in possession of any
  object which so resembles a firearm, that in the
  circumstances under which such person is in
  possession thereof, it is likely to be mistaken
  for a real firearm, shall be guilty of an
  offence, unless he is able to prove that he had
  at no time any intention of using the object for
  any unlawful purpose.

32
Imitation firearms

• Dangerous Weapons Act provides for such
  possession in respect of all firearms.
• Propose that provision relating to imitation in
  FAC Act be amended
• (e) any imitation of any device contemplated in
  paragraph (a),(b), (c), or (d)
• (a) relates to automatic firearm.

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Possession of rifle grenades

• Include in Clause 12 the rifle grenades- this
  will have effect that rifle grenades may be
  possessed by collectors and if deactivated.

34
Disposal of ammunition by collectors

• Amend Clause 16, to include ammunition in
  collection, in other words, a collector may
  donate or sell ammunition without intervention of
  a dealer subject to conditions to be prescribed.