Special powers relating to amnesties and firearm-free zones

In this Chapter “amnesty” means an indemnity against prosecution for the unlawful possession of a firearm or ammunition.

[S 138 commencement: 1 July 2004.]

(1) The Minister may, by notice in the Gazette, declare an amnesty if—

(a) the amnesty may result in the reduction of the number of illegally possessed firearms in South Africa; and

(b) it is in the public interest to do so.

(2) A notice contemplated in subsection (1)—

(a) will only be valid if it is approved by Parliament;

(b) must specify the period during which persons may apply for amnesty; and

(c) must specify the conditions under which amnesty may be granted.

(3) A person who surrenders a firearm or ammunition in compliance with a notice published in terms of subsection (1), may not be prosecuted in relation to—

(a) the firearm, for having been in possession of that firearm without the appropriate licence, permit or authorisation; or

(b) the ammunition, for having been in possession of that ammunition without having been in lawful possession of a firearm capable of discharging the ammunition.

(4)

(a) A person who surrenders a firearm in compliance with a notice published in terms of subsection (1) may apply in terms of this Act for a licence in respect of that firearm.

(b) If a licence is granted, the firearm and ammunition, if any, surrendered in terms of this Act must be returned to the holder of the licence.

(5) The Registrar must dispose of any firearm or ammunition surrendered in compliance with a notice in terms of subsection (1) in such manner and after the expiry of such period as may be prescribed.

[S 139 commencement: 1 July 2004.]

(1) The Minister may, after consultation with the National Commissioner and the Secretary for the Police Service, by notice in the Gazette declare any premises or categories of premises to be firearm-free zones, if it is—

[S 140(1) amended by s 35 of Act 2 of 2011 with effect from 1 December 2011.]

(a) in the public interest; and

(b) in accordance with the objects of this Act.

(2) Unless authorised to do so in terms of a notice issued under subsection (1), no person may—

(a) allow any firearm or ammunition to be in a firearm-free zone;

(b) carry any firearm or ammunition in a firearm-free zone; or

(c) store any firearm or ammunition in a firearm-free zone.

Uncommenced amendment

(2) Unless authorised to do so in terms of a notice issued under subsection (1), no person may—

(a) allow any firearm, muzzle loading firearm or ammunition to be in a firearm-free zone;

(b) carry any firearm, muzzle loading firearm or ammunition in a firearm-free zone; or

(c) store any firearm, muzzle loading firearm or ammunition in a firearm-free zone.

[S 140(2) substituted by s 45 of Act 28 of 2006 with effect from date to be proclaimed.]

(3) A police official may, without warrant—

(a) search any building or premises in a firearm-free zone if he or she has a suspicion on reasonable grounds that a firearm or ammunition may be present in the firearm-free zone in contravention of a notice issued in terms of subsection (1);

(b) search any person present in a firearm-free zone; and

(c) seize any firearm or ammunition present in the firearm-free zone or on the person in contravention of a notice issued in terms of subsection (1).

Uncommenced amendment

(3) A police official may, without warrant—

(a) search any building or premises in a firearm-free zone if he or she has a suspicion on reasonable grounds that a firearm, muzzle loading firearm or ammunition may be present in the firearm-free zone in contravention of a notice issued in terms of subsection (1);

(b) search any person present in a firearm-free zone; and

(c) seize any firearm, muzzle loading firearm or ammunition present in the firearm-free zone or on the person in contravention of a notice issued in terms of subsection (1).

[S 140(3) substituted by s 45 of Act 28 of 2006 with effect from date to be proclaimed.]

(4) The Minister may prescribe measures to be taken regarding the demarcation of and placing of signposts on premises constituting a firearm-free zone in order to notify the public that the premises are declared a firearm-free zone.

[S 140(4) inserted by s 17 of Act 43 of 2003.]

[S 140 commencement: 1 June 2001.]