Exemptions

In this Chapter, unless the context indicates otherwise—

(a) “Official Institution” means—

(i) the South African National Defence Force, contemplated in section 5 of the Defence Act, 1957 (Act 44 of 1957);

(ii) the South African Police Service, contemplated in section 5 of the South African Police Service Act, 1995 (Act 68 of 1995);

(iii) the Department of Correctional Services, contemplated in section 2 of the Correctional Services Act, 1959 (Act 8 of 1959);

(iv) any intelligence service established in terms of the Constitution;

(v) the armaments acquisition agency of the State; and

(vi) any government institution accredited by the Registrar as an Official Institution;

[S 95(a)(vi) commencement: 1 July 2003.]

(b) “employee”—

(i) in relation to the South African National Defence Force, means any member of the South African National Defence Force contemplated in section 5 of the Defence Act, 1957 (Act 44 of 1957), and includes any member of the Reserve contemplated in section 6 of the Defence Act, 1957; and

(ii) in relation to the South African Police Service, means any member as defined in the South African Police Service Act, 1995 (Act 68 of 1995).

[S 95 commencement: 1 July 2004, except s 95(a)(vi): 1 July 2003.]

(1) No provision of this Act other than this Chapter, section 109 and section 145, in so far as it relates to Official Institutions, applies to an Official Institution.

(2) Any firearms and ammunition which form the subject of a notice contemplated in section 4C of the Armaments Development and Production Act, 1968 (Act 57 of 1968), are exempted from the provisions of this Act.

Uncommenced amendment

(2) An application for the export off firearms and ammunition made in terms of this Act must be submitted by the Registrar to the National Conventional Arms Control Committee in accordance with section 4(3) of the National Conventional Arms Control Act, 2002 (Act No. 41 of 2002).

[S 96(2) substituted by s 29 of Act 28 of 2006 with effect from date to be proclaimed.]

(3) A member of a military force of another country visiting South Africa in terms of an international obligation or an agreement between that country and South Africa is exempted from the provisions of this Act to the extent provided for in the obligation or agreement in question.

[S 96 commencement: 1 July 2004.]

An Official Institution contemplated in section 95(a)(vi) is subject to such conditions in respect of the acquisition, use, safekeeping and disposal of firearms as may be prescribed, and to such conditions as may be imposed by the Registrar.

[S 97 commencement: 1 July 2004.]

(1)

(a) Subject to this section, an employee of an Official Institution may not possess a firearm under the control of the Official Institution without a permit issued in terms of this Chapter.

(b) Employees of the South African National Defence Force are exempted from the obligation to have a permit in respect of military firearms issued to them—

(i) while performing official duties under military command; and

(ii) if they have in their possession a written order, instruction or route form specifying the duty to be performed and the nature and type of firearm they are authorised to carry.

(c) Employees of the South African National Defence Force are exempted from the obligation to have a permit in respect of military firearms in their possession or under their control for the purpose of performing official duties, if those firearms are mounted in or on a military weapons system.

(2) Only the head of an Official Institution, or someone delegated in writing by him or her, may issue a permit to an employee of that Official Institution to possess and use a firearm under its control.

(3) A permit issued in terms of this Chapter must contain such information as may be prescribed.

(4) The head of an Official Institution may impose conditions on the possession and use of the firearms and ammunition under the control of that Official Institution and may issue instructions to employees of that Official Institution prescribing conditions relating to the acquisition, storage, transport, carrying, possession, use and disposal of such firearms and ammunition.

[S 98(4) substituted by s 10 of Act 43 of 2003.]

(5) Unless the permit referred to in subsection (2) indicates otherwise, the employee must—

(a) when on duty, carry any handgun under his or her control on his or her person in a prescribed holster;

(b) at the end of each period of his or her duty, return the firearm in question to the place of storage designated for this purpose by the Official Institution; and

(c) when traveling with a firearm, carry the firearm on his or her person or in a secure place under his or her direct control.

(6)

(a) Despite subsection (5), the head of an Official Institution may authorise an employee to—

(i) have the firearm in his or her possession after his or her working hours;

(ii) carry the firearm on his or her person outside the premises of his or her workplace; or

(iii) store the firearm at his or her place of residence.

(b) Paragraph (a) does not apply to an Official Institution contemplated in section 95(a)(v) and

(vi), unless the Registrar determines in writing that it does so apply.

(7) The holder of a permit contemplated in subsection (2) must carry that permit on his or her person when he or she is in possession of a firearm.

(8) The head of an Official Institution may only issue a permit in terms of subsection (2) if the employee—

(a) is a fit and proper person to possess a firearm; and

(b) has successfully completed the prescribed training and the prescribed test for the safe use of a firearm.

(9)

(a) The head of an Official Institution must report the loss or theft of any firearm immediately to the Registrar and to the nearest police station.

(b) For the purposes of this subsection “nearest police station” means the police station nearest to the place where the loss or theft occurred.

(10) An Official Institution may only dispose of or destroy a firearm under its control in the prescribed manner.

[S 98 commencement: 1 July 2004.]

(1) The head of an Official Institution must keep a register in the prescribed form.

(2) The register must contain such particulars as may be prescribed, including—

(a)

(i) in the case of the South African National Defence Force, the particulars of every firearm of a calibre of less than 20 millimetres; or

(ii) in the case of all other Official Institutions, the particulars of every firearm under its control;

(b) the particulars of every employee who, in terms of this Chapter, is allowed to be in possession of a firearm, and the particulars of each such firearm;

(c) the conditions specified in every permit issued in terms of this Chapter;

(d) particulars regarding the disposal, transfer, loss, theft or destruction of firearms contemplated in paragraph (a); and

(e) if a firearm is lost or stolen, particulars regarding the report of the loss or theft to the South African Police Service.

(3) All firearms under the control of an Official Institution must bear such identification marks as may be prescribed.

[S 99 commencement: 1 July 2004.]

The Registrar must establish and maintain such central Official Institution firearms databases as may be prescribed.

[S 100 commencement: 1 July 2004.]

The head of an Official Institution must—

(a) establish and maintain a workstation at a place which complies with such requirements as may be prescribed; and

(b) provide the Registrar with access to the workstation and to the register referred to in section 99.

[S 101 commencement: 1 July 2004.]