SENTRY

Chapter 1

Introductory provisions

1

Definitions

In this Act, unless the context indicates otherwise— “accredit” means accredit as contemplated in section 8;

[“accredit” commencement: 1 July 2003.]

“airgun” means any device manufactured to discharge a bullet or any other projectile—

(a) of a calibre of less than 5.6 mm (.22 calibre); or

(b) at a muzzle energy of less than 8 joules (6ft-lbs), by means of compressed gas and not by means of burning propellant;

[“airgun” substituted by s 1(a) of Act 43 of 2003.]

[“airgun” commencement: 1 June 2001.]

“ammunition” means a primer or complete cartridge;

[“ammunition” commencement: 1 June 2001.]

Uncommenced amendment

“ammunition” means a primer or cartridge;

[“ammunition” substituted by s 1(a) of Act 28 of 2006 with effect from date to be proclaimed.]

“antique firearm” …

[“antique firearm” repealed by s 1(b) of Act 28 of 2006 with effect from 10 January 2011.]

“Appeal Board” means the Appeal Board established by section 128;

[“Appeal Board” commencement: 1 July 2003.]

“authorised person” …

[“authorised person” inserted by s 7(a) of Act 6 of 2010; repealed by s 8 of Act 37 of 2013.]

“body-prints” …

[“body-prints” inserted by s 7(a) of Act 6 of 2010; repealed by s 8 of Act 37 of 2013.]

“calibre”, for the purposes of sections 18(2)(b) and 19(3), means a cartridge as described by dimensions and make, mark, model or type;

[“calibre” inserted by s 1(c) of Act 28 of 2006 with effect from 1 March 2012.]

“cartridge” means a complete object consisting of a cartridge case, primer, propellant and bullet;

[“cartridge” commencement: 1 June 2001.]

Uncommenced amendment

“cartridge” means a complete object consisting of a cartridge case, primer (whether rimfire or otherwise), propellant and a bullet or shot, as the case may be;

[“cartridge” substituted by s 1(d) of Act 28 of 2006 with effect from date to be proclaimed.]

“child” …

[“child” inserted by s 7(b) of Act 6 of 2010; repealed by s 8 of Act 37 of 2013.]

“comparative search” …

[“comparative search” inserted by s 7(b) of Act 6 of 2010; repealed by s 8 of Act 37 of 2013.]

“competency certificate” means a competency certificate contemplated in Chapter 5;

[“competency certificate” commencement: 1 July 2004.]

“dealer” means any person who is licensed in terms of this Act to trade in firearms and ammunition;

[“dealer” commencement: 1 July 2004.]

“dedicated hunter” means a person who actively participates in hunting activities and who is a member of an accredited hunting association;

[“dedicated hunter” commencement: 1 July 2003.]

“dedicated sports person” means a person who actively participates in sports-shooting and who is a member of an accredited sports-shooting organisation;

[“dedicated sports person” commencement: 1 July 2003.]

“Designated Firearms Officer” means a police official contemplated in section 124(2)(h);

[“Designated Firearms Officer” commencement: 1 July 2003.]

Uncommenced amendment

“dispossession”, for the purposes of section 118, means selling, supplying or in any other manner giving possession in contravention of section 120(10)(a);

[“dispossession” inserted by s 1(e) of Act 28 of 2006 with effect from date to be proclaimed.]

“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 a calibre of 5.6 mm (.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

[“firearm”, (d) substituted by s 1(b) of Act 43 of 2003.]

(e) barrel, frame or receiver of a device referred to in paragraphs (a), (b), (c) or (d), but does not include a muzzle loading firearm or any device contemplated in section 5;

[“firearm”, words following (e), substituted by s 1(f) of Act 28 of 2006 with effect from 1 March 2012.]

[“firearm” commencement: 1 June 2001.]

Uncommenced amendment

“fit and proper person” means a person who complies with the requirements of section 9(2) and any regulations relevant to the competency of a person to possess a firearm in terms of this Act;

[“fit and proper person” inserted by s 1(g) of Act 28 of 2006 with effect from date to be proclaimed.]

“fully automatic” means capable of discharging more than one shot with a single depression of the trigger;

[“fully automatic” commencement: 1 July 2004.]

“gunsmith” means any person who performs work contemplated in section 59, but who does not manufacture firearms;

[“gunsmith” commencement: 1 July 2004.]

“handgun” means a pistol or revolver which can be held in and discharged with one hand;

[“handgun” commencement: 1 July 2004.]

“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;

[“imitation firearm” commencement: 1 July 2004.]

“juristic person” includes a trust;

[“juristic person” substituted by s 1(h) of Act 28 of 2006 with effect from 1 March 2012.]

“load” includes reload, and “loading” has a corresponding meaning;

[“load” commencement: 1 July 2004.]

“Minister” means the Minister of Safety and Security;

[“Minister” commencement: 1 July 2003.]

“muzzle loading firearm” means—

(a) a barrelled 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 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;

[“muzzle loading firearm” inserted by s 1(i) of Act 28 of 2006 with effect from 10 January 2011.]

“National Commissioner” means the National Commissioner of the South African Police Service, appointed in terms of section 207(1) of the Constitution;

[“National Commissioner” commencement: 1 July 2003.]

“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 hunter” commencement: 1 July 2003.]

Uncommenced amendment

“occasional hunter” means any person who, from time to time, participates in hunting activities;

[“occasional hunter” substituted by s 1(j) of Act 28 of 2006 with effect from date to be proclaimed.]

“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;

[“occasional sports person” commencement: 1 July 2003.]

Uncommenced amendment

“occasional sports person” means any person who, from time to time, participates in sports- shooting; [“occasional sports person" substituted by s 1(k) of Act 28 of 2006 with effect from date to be proclaimed.] “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;

[“police official” commencement: 1 June 2001.]

“prescribed” means prescribed by regulation;

[“prescribed” commencement: 1 July 2003.]

“previous Act” means the Arms and Ammunition Act, 1969 (Act 75 of 1969);

[“previous Act” commencement: 1 July 2003.]

“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;

[“private collector” commencement: 1 July 2003.]

“professional hunter” means any person who supervises, escorts, offers to, or agrees to supervise or escort a client, for reward in connection with the hunting of a wild or exotic animal and who is authorised to do so in terms of any applicable provincial law;

[“professional hunter” inserted by s 1(l) of Act 28 of 2006 with effect from 1 March 2012.]

“public collector” means a person who collects firearms or ammunition for display to the public and is accredited as such;

[“public collector” commencement: 1 July 2003.]

“Registrar” means the person referred to in section 123;

[“Registrar” commencement: 1 July 2003.]

“regulation” means a regulation made under section 145;

[“regulation” commencement: 1 July 2003.]

“restricted firearm” means any firearm contemplated in section 14(1);

[“restricted firearm” commencement: 1 July 2004.]

Uncommenced amendment

“Secretary for Police Service” means the Secretary for Police Service appointed under section 2(2) of the South African Police Service Act (Act No. 68 of 1995); [“Secretary for Police Service", formerly “Secretary for Safety and Security", inserted by s 1(m) of Act 28 of 2006 with effect from date to be proclaimed; amended by s 35 of Act 2 of 2011 with effect from 1 December 2011.] “security company” …

[“security company” repealed by s 1(c) of Act 43 of 2003.]

“security officer” means any person who is employed by a security company;

[“security officer” substituted by s 1(d) of Act 43 of 2003.]

“security service provider” means a security service provider as defined in section 1 of the Private Security Industry Regulation Act, 2001 (Act 56 of 2001);

[“security service provider” inserted by s 1(e) of Act 43 of 2003.]

“semi-automatic” means self-loading but not capable of discharging more than one shot with a single depression of the trigger;

[“semi-automatic” commencement: 1 July 2004.]

“this Act” includes any regulation;

[“this Act” commencement: 1 July 2003.]

“transfer” includes selling, letting, donating, lending or otherwise parting with possession.

[“transfer” commencement: 1 July 2004.]

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.

[S 2 commencement: 1 June 2001.]

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