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Regulation of ownership and licensing of firearms From Wikipedia, the free encyclopedia
In South Africa, the Firearms Control Act 60 of 2000 regulates the possession of firearms by civilians. Possession of a firearm is conditional on a competency test and several other factors, including background checking of the applicant, inspection of an owner's premises, and licensing of the weapon by the police introduced in July 2004. In 2010, the process was undergoing review,[1] as the police were not able to timely process either competency certification, new licences or renewal of existing licences. Minimum waiting period used to exceed two years from date of application.[2] The Central Firearms Registry implemented a turnaround strategy that has significantly improved the processing period of new licences. The maximum time allowed to process a licence application is now 90 days.[3][4]
In South Africa, citizens or permanent residents (over the age of 21 years generally, but if need can be shown then technically no age limit applies) who wish to own firearms are required to obtain a licence per individual firearm, and may possess a maximum amount of only four firearms, and a maximum of 200 rounds of ammunition per licence. Should the individual acquire 'dedicated status' conferred by registered shooting club, the individual can theoretically license an unlimited amount of firearms and ammunition limits also then fall away.[5]
The requirements to own a firearm in South Africa are:
Jointly, point 7 and 8 form the main application process.
There are 4 firearm types that a citizen can do a competency certificate for: Handguns, Shotguns, Semi-automatic rifles and Bolt action rifles[5]. The competency itself consists of 2 parts, the exams and the proficiency shoot. There are 2 exams that need to be completed. The first is the Law exam that tests knowledge of the Firearms control act. The second is an exam that tests the proficiency of the learner for the firearm they are applying for. The exams are usually broken down into 2 parts, an open book exam where the learner is free to read the provided material and a closed book exam done at an accredited training provider or the Professional Firearm Training Council. The exam material consists of information on handling, firing, cleaning, loading and unloading and ammunition. The proficiency shoot is where the learner actually fires the firearm at a target and is required to hit the target with the required number of shots without missing. While firing the instructor evaluates the handling of the firearm by the learner to confirm the learner is abiding by the required Gun safety rules.
Prohibited firearms are:
Semi-automatic firearms are not prohibited under law. However, semi-automatic long guns are only permitted with a business licence, restricted firearms licence for self-defence, and dedicated hunting and shooting licences. There is no official magazine capacity restriction for semi-automatic rifles.[5]
Handguns of all firing actions (except fully automatic) are legal under all licences. There is no magazine capacity restriction for handguns.[5]
Carrying legally owned firearms in South Africa is legal under all licence types and requires no additional permit. No person may carry a firearm in a public place unless the firearm is carried:
Additionally, the firearm must be completely covered and the person carrying the firearm must be able to exercise effective control over such firearm.
In South Africa, private guns are prohibited by law as per the Control of Access to Public Premises and Vehicles Act of 1985 (CAPPVA), in government buildings.[6] The Firearms Control Act of 2000 does allow for firearm-free zones, but this must not be confused with the mandate of the CAPPVA of 1985, which has effectively made all government buildings and vehicles firearm-free by law without the input of the FCA which came about almost two decades later. According to the Firearms Control Act of 2000 under Section 140, firearm-free zones can be applied for and must be granted FFZ status by the Minister of Police.[7] It is worth noting the difference between Gun Free Zones (GFZ) and a Firearm Free Zones (FFZ). GFZ's are more voluntary and according to Gun Free SA "It is a civil offence to contravene the Gun Free Zone status of a premises, which means that anyone found breaking that law can be prosecuted under the laws that prohibit trespassing. Signs tell people entering this type of Gun Free Zone that the space is gun free. People entering this space are not asked to declare if they are carrying a gun and are not searched for a gun. While guns are not taken away from people, they know that guns are not welcome."[8][9] FFZ's on the other hand are enforced by law and carry severe penalties of up to 25 years in prison. According to Section 140 of the Firearms Control Act of 2000, police may without warrant, search any building or premises if there's reasonable suspicion that a firearm or ammunition may be present within an FFZ; search any person within an FFZ; and seize any firearm or ammunition present within an FFZ.[10] On the 7th of May 2004, the Minister of Police issued the notice 749 of 2004 in the Government Gazette of new legislation that declared all schools and other learning institutions, including institutions for higher education, as firearm-free zones in terms of Section 140 of the Firearms Control Act of 2000, which came into operation on the 1st of July 2004.[11] To date, there have been no firearm-free zones declared by the Minister.
This licence allows the holder to possess any:
The Registrar may issue a licence under this section to any natural person who:
This licence allows the holder to possess any:
The Registrar may issue a licence in terms of this section to any:
This licence allows the holder to possess any:
The Registrar may issue a licence in terms of this section to any:
This permit allows the holder to possess any:
This licence allows the holder to possess any:
The Registrar may issue a licence in terms of this section to:
Official statistics show that more than 12,900 people were arrested for possessing illegal firearms from 2020 to 2021. The Democratic Alliance party alleges that more than 3,400 police firearms had been unaccounted for during the five years preceding 2022. Following a spate of shootings in July 2022 that killed 22 persons using weapons such as AK-47 rifles, South Africa Police Minister Bheki Cele said they would search house to house to find illegal guns.[12]
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