General provisions

(1) The Registrar may delegate any power conferred on him or her and assign any duty imposed on him or her by or under this Act to any official in the service of the State.

(2) An official to whom a power has been delegated or a duty has been assigned in terms of subsection (1) must exercise the power or perform the duty subject to the control and directions of the Registrar.

(3) The Registrar may, notwithstanding a delegation or assignment in terms of subsection (1), personally exercise the power or perform the duty delegated or assigned to another official.

[S 141 commencement: 1 July 2003.]

For purposes of this Act, the Minister may in writing designate any person or any category of persons employed by the State, as police officials.

[S 142 commencement: 1 July 2004.]

(1) Any notice or other document to be served on or given to any person in terms of this Act may be—

(a) delivered by hand to that person;

(b) left at that person’s usual or last known place of residence or business;

(c) left at an address specified by that person for the purpose of any application made in terms of this Act;

(d) posted by certified mail addressed to that person by name at that person’s last known place of residence or business or at a postal address specified by that person for the purpose of any application made in terms of this Act;

(e) delivered to any legal representative or other agent of that person who is duly authorised by that person to receive it;

(f) if the relevant person is deceased, delivered to that person’s legal representative or to the executor of his or her estate; or

(g) if the relevant person is absent from South Africa, delivered to that person’s legal representative or agent in South Africa or served in such manner as may be prescribed by regulation.

(2) This section does not apply to notices or other documents served or given during the course of any proceedings in a court of law or to notices in terms of section 122.

[S 143 commencement: 1 July 2003.]

A document purporting to be signed by a police official, or person designated under section 142, indicating that the service was effected in accordance with section 143(1) by the person who has signed the document, is upon production in a court by any person, prima facie evidence of service of the document.

[S 144 commencement: 1 July 2003.]

(1) The Minister may, by notice in the Gazette, make regulations regarding—

(a) anything that may or must be prescribed in terms of this Act;

[S 145(1)(a) commencement: 1 July 2003.]

(b) the surrendering of firearms and ammunition to the South African Police Service;

Uncommenced amendment

(b) the surrendering of firearms, muzzle loading firearm and ammunition to the South African Police Service;

[S 145(1)(b) substituted by s 46(a) of Act 28 of 2006 with effect from date to be proclaimed.]

(c) the production of any firearm to which any application relates for the purpose of identification, and the discharging of ammunition for identification purposes;

Uncommenced amendment

(c) the production of any firearm or muzzle loading firearm to which any application relates for the purpose of identification, and the discharging of ammunition for identification purposes;

[S 145(1)(c) substituted by s 46(a) of Act 28 of 2006 with effect from date to be proclaimed.]

(d) the determination and payment of fees payable in respect of the issue or renewal of any competency certificate, licence, permit or authorisation or in respect of anything else for which a fee may be charged in terms of this Act;

(e) the fees or remuneration which may be charged by dealers in respect of any firearm, or other device, required to be disposed of through a dealer in terms of this Act;

Uncommenced amendment

(e) the fees or remuneration which may be charged by dealers in respect of any firearm, muzzle loading firearm or other device, required to be disposed of through a dealer in terms of this Act;

[S 145(1)(e) substituted by s 46(b) of Act 28 of 2006 with effect from date to be proclaimed.]

(f) the security of any premises at which dealers, manufacturers, gunsmiths, importers and exporters of firearms and ammunition, Official Institutions or persons who use firearms for business purposes conduct business, including precautions and procedures to be taken to prevent the theft or unlawful use of firearms and ammunition in the possession of such persons;

(g) precautions to be taken in respect of the carriage, use, safe custody or destruction of firearms and ammunition;

(h) the surrender and disposal of competency certificates, licences, permits or authorisations issued in terms of this Act which have been suspended, revoked or cancelled or which have ceased to be valid;

(i) the notification of change of address;

(j) the acquisition, disposal, possession, import or export of equipment and material designed for the loading of ammunition;

(k) the taking of fingerprints;

[S 145(1)(k) commencement: 1 July 2003.]

(l) the periods for and the manner in which, and by whom, documentation contemplated in this Act must be retained;

[S 145(1)(l) commencement: 1 July 2003.]

(m) the training and testing and such other measures as may be necessary to ensure the competency of employees of an Official Institution who may possess and use firearms under the control of the Official Institution; and

(n) generally with regard to any other matter which it is necessary or expedient to prescribe in order to achieve or promote the objects of this Act.

[S 145(1)(n) commencement: 1 July 2003.]

(2) A regulation may provide for a penalty for any contravention thereof or failure to comply therewith, of a fine or imprisonment for a period not exceeding 12 months or both a fine and such imprisonment.

[S 145(2) commencement: 1 July 2003.]

(3) A regulation regarding the determination of fees may be made only with the approval of the Minister of Finance.

(4) In making regulations, other than those relating to the payment of fees, the Minister may differentiate between different areas in South Africa.

[S 145 commencement: 1 July 2004 except s 145(1)(a), (k), (l), (n) and (2): 1 July 2003.]

If a person who holds a licence issued in terms of section 20 or who holds a licence, permit or authorisation contemplated in Chapter 7 or 8, ceases to carry on business for any reason, the firearms and ammunition in possession of that person must be kept in safe custody by the person and at the place designated by the Registrar, until they are disposed of as prescribed.

[S 146 commencement: 1 July 2004.]

Uncommenced amendment

(1) In the case of the death of the holder of a firearm licence, the firearm in question must be disposed of as prescribed.

(2) The executor of the estate of a deceased person who comes into possession of a firearm licensed to the deceased must store the firearm as prescribed.

[S 147 commencement: 1 July 2004.]

Uncommenced amendment

(2) The executor of the estate of a deceased person who comes into possession of a firearm licensed to the deceased or muzzle loading firearm that belonged to the deceased must store the firearm or muzzle loading firearm as prescribed.

[S 147(2) substituted by s 48 of Act 28 of 2006 with effect from date to be proclaimed.]

(1) A person who inherits a firearm or muzzle loading firearm must—

(a) if he or she wishes to keep the firearm, apply for an appropriate licence, permit or authorisation in terms of this Act;

(b) if he or she wishes to keep the muzzle loading firearm, obtain the necessary competency certificate in order to possess the muzzle loading firearm; or

(c) if he or she does not wish to acquire the firearm or muzzle loading firearm, or fails to obtain the appropriate licence, permit or authorisation or competency certificate, have the firearm or muzzle loading firearm deactivated or dispose of it in terms of this Act.

[S 148(1) substituted by s 49 of Act 28 of 2006 with effect from 1 March 2012.]

(2) The Registrar may issue a temporary authorisation contemplated in section 21, to allow a person who inherits a firearm a reasonable time to dispose of it.

[S 148 commencement: 1 July 2004.]

(1) A firearm or muzzle loading firearm may only be destroyed as prescribed.

(2) Any firearm, muzzle loading firearm or ammunition forfeited to the State in terms of this Act—

(a) must be destroyed by the State within six months of the date of the forfeiture or after all possible appeals have been concluded or the last date on which any appeal could have been noted has passed without an appeal having been noted, whichever occurs last; and

(b) remains the property of the owner thereof until its destruction.

(3)

(a) Despite subsection (2), the State may retain any firearm, muzzle loading firearm or ammunition forfeited to the State, which the Registrar deems to be of special value.

(b) Any firearm, muzzle loading firearm or ammunition retained by the Registrar in terms of paragraph (a) becomes the property of the State when the Registrar informs the former owner of the firearm, muzzle loading firearm or ammunition of that fact.

(c) Subject to Chapter 19, the former owner of any firearm, muzzle loading firearm or ammunition which becomes the property of the State in terms of paragraph (b) may apply for compensation in terms of this Act.

(4)

(a) Subject to subsection (1) no person, including the State, may destroy a firearm or muzzle loading firearm without the prior written permission of the Registrar.

(b) The Registrar must only consent to the destruction of a firearm, muzzle loading firearm or ammunition with due regard to and in compliance with the provisions of the National Heritage Resources Act, 1999 (Act 25 of 1999), and any condition which may be imposed by the South African Heritage Resources Agency or their nominated agents.

[S 149 substituted by s 50 of Act 28 of 2006 with effect from 1 March 2012.]

[S 150 heading substituted by s 51(a) of Act 28 of 2006 with effect from 1 March 2012.]

(1) For purposes of this section ‘to deactivate’ means to render permanently inoperable and ‘deactivation’ has a corresponding meaning.

(2) A firearm or muzzle loading firearm may only be deactivated by a gunsmith in the prescribed manner.

[S 150(2) substituted by s 51(b) of Act 28 of 2006 with effect from 1 March 2012.]

(3) If a firearm or muzzle loading firearm is deactivated by a gunsmith— [S 150(3), words preceding (a), substituted by s 51(c) of Act 28 of 2006 with effect from 1 March 2012.]

(a) the gunsmith must issue a certificate to that effect indicating the manner in which the deactivation was performed;

(b) the holder of the licence in respect of the firearm in question must notify the Registrar within 14 days after such deactivation, and at the same time forward to the Registrar a copy of the deactivation certificate; and

(c) the gunsmith must notify the Registrar within 14 days after any deactivation done by him or her, and at the same time forward to the Registrar a copy of the deactivation certificate.

(4)

(a) The Minister may, by notice in the Gazette, determine that a certificate of deactivation which is valid in a country other than the Republic is a valid certificate of deactivation in the Republic.

(b) A notice contemplated in paragraph (a) must be approved by Parliament before publication thereof.

[S 150 commencement: 1 July 2004.]

Despite any law to the contrary, any magistrates’ court has jurisdiction to impose any penalty provided for in terms of this Act.

[S 151 commencement: 1 July 2003.]

This Act binds the State.

[S 152 commencement: 1 July 2003.]

Subject to Schedule 1, the laws mentioned in the first column of Schedule 3 are hereby repealed to the extent mentioned in the third column of Schedule 3.

[S 153 substituted by s 18 of Act 43 of 2003.]

[S 153 commencement: 1 July 2004.]

This Act is called the Firearms Control Act, 2000, and comes into effect on a date to be fixed by the President by proclamation in the Gazette.

[S 154 commencement: 1 July 2004.]