Licence to possess firearm

(1) The Registrar must issue a separate licence in respect of each firearm licensed in terms of this Chapter.

(2) Despite subsection (1), the Registrar may issue to a person a single document containing licences in respect of more than one firearm.

[S 11 commencement: 1 July 2004.]

(1) The Registrar may issue an additional licence in respect of a firearm contemplated in section 13, 14, 15 and 16 to every person who resides on the same premises as the holder of the licence in respect of the firearm in question.

(2) Every holder of an additional licence must comply with all the requirements for the issue of a licence in respect of the firearm in question.

(3) If the holder of an additional licence contemplated in subsection (1) moves from the premises in question, such additional licence lapses and the person to whom such licence was issued must return that licence to the Registrar forthwith.

[S 12 commencement: 1 July 2004.]

(1) A firearm in respect of which a licence may be issued in terms of this section is any—

(a) shotgun which is not fully or semi-automatic; or

(b) handgun which is not fully automatic.

(2) The Registrar may issue a licence under this section to any natural person who—

(a) needs a firearm for self-defence; and

(b) cannot reasonably satisfy that need by means other than the possession of a firearm.

(3) No person may hold more than one licence issued in terms of this section.

(4) A firearm in respect of which a licence has been issued in terms of this section may be used where it is safe to use the firearm and for a lawful purpose.

[S 13 commencement: 1 July 2004.]

(1) For purposes of this Act, a restricted firearm is any—

(a) semi-automatic rifle or shotgun, which cannot readily be converted into a fully automatic firearm; or

(b) firearm declared by the Minister, by notice in the Gazette, to be a restricted firearm.

(2) A notice contemplated in subsection (1)(b) must be tabled in Parliament at least 14 days before publication thereof if Parliament is then sitting, and if Parliament is not sitting, within seven days after the commencement of the next sitting.

(3) A notice contemplated in subsection (1)(b) will be of full force and effect until withdrawn by the Minister or by a resolution of Parliament.

(4) The Registrar may issue a licence in terms of this section to any natural person who shows that a firearm contemplated in section 13(1) will not provide sufficient protection, and who submits reasonable information to motivate the need for a restricted firearm for self-defence purposes.

(5) No person may hold more than one licence issued in terms of this section.

(6) A firearm in respect of which a licence has been issued in terms of this section may be used where it is safe to use the firearm and for a lawful purpose.

[S 14 commencement: 1 July 2004.]

(1) A firearm in respect of which a licence may be issued in terms of this section is any—

(a) handgun which is not fully automatic;

(b) rifle or shotgun which is not fully or semi-automatic; or

(c) barrel, frame or receiver of a handgun, rifle or shotgun contemplated in paragraph (a) or

(b), and which is not a restricted firearm.

(2) The Registrar may issue a licence in terms of this section to any natural person who is an occasional hunter or occasional sports person.

(3)

(a) Subject to paragraphs (b), (c) and (d), no person may hold more than four licences issued in terms of this section.

(b) If a person holds a licence issued in terms of section 13, he or she may only hold three licences issued in terms of this section.

(c) A person may not hold more than one licence in respect of a handgun contemplated in subsection (1)(a).

(d) If a person contemplated in paragraph (a) holds any additional licences contemplated in section 12 in respect of a firearm contemplated in this section and section 13, the number of licences which that person may hold must be reduced by the number of such additional licences held.

(4) A firearm in respect of which a licence has been issued in terms of this section may be used where it is safe to use the firearm and for a lawful purpose.

[S 15 commencement: 1 July 2004.]

(1) A firearm in respect of which a licence may be issued in terms of this section is any—

(a) handgun which is not fully automatic;

(b) rifle or shotgun which is not fully automatic;

(c) semi-automatic shotgun manufactured to fire no more than five shots in succession without having to be reloaded; or

[S 16(1)(c) substituted by s 4 of Act 43 of 2003.]

Uncommenced amendment

(c) ...

[S 16(1)(c) deleted by s 11 of Act 28 of 2006 with effect from date to be proclaimed.]

(d) barrel, frame or receiver of a handgun, rifle or shotgun contemplated in paragraph (a), (b) or (c).

(2) The Registrar may issue a licence in terms of this section to any natural person who is a dedicated hunter or dedicated sports person if the application is accompanied by a sworn statement or solemn declaration from the chairperson of an accredited hunting association or sports-shooting organisation, or someone delegated in writing by him or her, stating that the applicant is a registered member of that association.

(3) A firearm in respect of which a licence has been issued in terms of this section may be used where it is safe to use the firearm and for a lawful purpose.

(4) Every accredited hunting association and sports-shooting organisation must—

(a) keep a register which contains such information as may be prescribed; and

(b) submit an annual report to the Registrar which contains such information as may be prescribed.

[S 16 commencement: 1 July 2004.]

(1) A firearm in respect of which a licence may be issued in terms of this section is any—

(a) handgun which is not fully automatic;

(b) rifle or shotgun which is not fully automatic; or

(c) barrel, frame or receiver of a handgun, rifle or shotgun contemplated in paragraph (a) or

(b).

(2) The Registrar may issue a licence in terms of this section to any natural person who is a professional hunter if the application is accompanied by a sworn statement or solemn declaration from the chairperson of an accredited professional hunting association, or someone delegated in writing by him or her, stating that the applicant is a professional hunter and registered member of that association.

(3) A firearm in respect of which a licence has been issued in terms of this section may be used by the professional hunter for his or her private use and professional hunting purposes where it is safe to use the firearm and for a lawful purpose.

(4) Every accredited professional hunting association must—

(a) keep a register which contains such information as may be prescribed; and

(b) submit an annual report to the Registrar which contains such information as may be prescribed.

[S 16A inserted by s 12 of Act 28 of 2006 with effect from 1 March 2012.]

(1)

(a) A firearm which may be possessed in a private collection is any firearm approved for collection by an accredited collector’s association, based upon such historical, technological, scientific, educational, cultural, commemorative, investment, rarity, thematic or artistic value determined by the association.

(b) Where a firearm is approved for collection as a heritage item as defined in the National Heritage Resources Act, 1999 (Act 25 of 1999), such approval is subject to confirmation by the South African Heritage Resources Agency or any of its appointed agents. (1A) Despite section 4, such prohibited or restricted firearm as may be prescribed may be licensed under this section.

(2) The Registrar may issue a licence in terms of this section to a private collector if the application is accompanied by a sworn statement or solemn declaration from the chairperson of an accredited collectors association, or someone delegated in writing by him or her, stating that the applicant is a registered member of that association and qualifies to collect the firearm, prohibited firearm or restricted firearm.

(3) The holder of a licence issued in terms of this section—

(a) must store the firearm at the place specified in the licence; and

(b) may only display the firearm in accordance with such safety measures as may be prescribed. (3A) Before a prohibited or restricted firearm is stored in terms of subsection (3)(a), it must undergo such reversible non-damaging procedure as may be prescribed in order to ensure that no cartridge can be loaded into or discharged from that firearm.

(4) A firearm in respect of which a licence has been issued in terms of this section may be used where it is safe to use the firearm and for a lawful purpose.

[S 17 substituted by s 13 of Act 28 of 2006 with effect from 1 March 2012.]

(1) Ammunition which may be possessed in a private collection is any ammunition approved for collection by an accredited collectors association.

(2)

(a) The Registrar may, subject to such conditions as may be prescribed, issue a permit in terms of this section to a private collector if the application is accompanied by a sworn statement or solemn declaration from the chairperson of an accredited collectors association, or someone delegated in writing by him or her, stating that the applicant is a registered member of that association.

[S 18(2)(a) substituted by s 3 of Act 43 of 2003.]

(b) A collector contemplated in paragraph (a) may not possess more than 200 rounds of ammunition of any particular calibre unless the Registrar approves the possession of a higher number in writing.

(3) The holder of a permit issued in terms of this section may not discharge any ammunition in his or her collection.

(4) The holder of a permit issued in terms of this section—

(a) must store the ammunition at the place specified in the permit; and

(b) may only display the ammunition in accordance with such safety measures as may be prescribed.

(5) Despite section 4, the holder of a permit issued in terms of this section may possess projectiles, rifle grenades and cartridges manufactured to be discharged by prohibited firearms if the propellant, high explosive and primer of the projectiles, rifle grenades and cartridges have been removed or deactivated.

[S 18(5) substituted by s 14 of Act 28 of 2006 with effect from 1 March 2012.]

[S 18 commencement: 1 July 2004.]

(1) The Registrar may issue a licence to possess a firearm in a public collection, a permit to possess ammunition in a public collection, or both such permit and licence, to a public collector or an accredited museum.

[S 19(1) substituted by s 15(a) of Act 28 of 2006 with effect from 1 March 2012.]

(2) Despite section 4—

(a) such prohibited and restricted firearm as may be prescribed may be licensed under this section; and

[S 19(2)(a) substituted by s 15(b) of Act 28 of 2006 with effect from 1 March 2012.]

(b) the holder of a permit issued in terms of this section may possess projectiles, rifle grenades and cartridges manufactured to be discharged by prohibited firearms if the propellant, high explosive and primer of the projectiles, rifle grenades and cartridges have been removed or deactivated.

[S 19(2)(b) substituted by s 15(b) of Act 28 of 2006 with effect from 1 March 2012.]

(3) The holder of a permit contemplated in subsection (1) may not possess more than 200 rounds of ammunition of any particular calibre unless the Registrar approves the possession of a higher number in writing.

(4) A firearm, prohibited firearm and restricted firearm in respect of which a licence has been issued in terms of this section and ammunition in respect of which a permit has been issued in terms of this section, may only be displayed—

(a) in an accredited museum or by an accredited public collector; and

(b) in accordance with such safety measures as may be prescribed.

[S 19(4) substituted by s 15(c) of Act 28 of 2006 with effect from 1 March 2012.]

(4A) Before a prohibited or restricted firearm is displayed in terms of subsection (4), it must undergo such reversible non-damaging procedure as may be prescribed in order to ensure that no cartridge can be loaded into or discharged from that firearm.

[S 19(4A) inserted by s 15(d) of Act 28 of 2006 with effect from 1 March 2012.]

(5) A firearm in respect of which a licence has been issued in terms of this section may only be used on an accredited shooting range in accordance with the rules of that shooting range and in accordance with such conditions as the Registrar may impose.

(6) The holder of a permit issued in terms of this section may not discharge any ammunition in his or her collection.

[S 19 commencement: 1 July 2004.]

(1)

(a) A firearm in respect of which a licence may be issued in terms of this section is any firearm other than a prohibited firearm.

(b) Despite paragraph (a), a licence in respect of a prohibited firearm may be issued to a person contemplated in subsection (2)(c) but such person may only provide the prohibited firearm for use in theatrical, film or television productions and then only if the prior written approval of the Registrar has been obtained and on such conditions as the Registrar may impose.

(2) The Registrar may issue a licence in terms of this section to—

(a) a security service provider;

[S 20(2)(a) substituted by s 6(a) of Act 43 of 2003.]

(b) a person who is accredited to provide training in the use of firearms;

(c) a person who is accredited to provide firearms for use in theatrical, film or television productions;

(d) a person who is accredited as a game rancher;

[S 20(2)(d) substituted by s 6(b) of Act 43 of 2003.]

(e) a person who is accredited to conduct business in hunting; or

(f) any person who is accredited to use firearms for such other business purpose as the Registrar may determine.

(3) A licence issued in terms of this section must specify the business purpose in respect of which it is issued.

(4) A firearm in respect of which a licence was issued in terms of this section may only be used as specified in the licence.

(5)

(a) The holder of a licence issued in terms of this section may only provide the firearm for use by another person subject to such conditions as may be prescribed.

(b) A security service provider which holds a licence to possess a firearm for business use may only provide the firearm to a security officer in its service who holds a competency certificate.

[S 20(5)(b) substituted by s 6(c) of Act 43 of 2003.]

(6) Every holder of a licence issued in terms of this section must—

(a) keep a register of all firearms in its possession containing such information as may be prescribed; and

(b) store and transport the firearms as may be prescribed.

(7) The holder of a licence issued in terms of this Act must, at the request of a police official, produce for inspection—

(a) any firearm and ammunition in its possession or under its control; and

(b) every licence issued in terms of this section.

[S 20 commencement: 1 July 2004.]

(1) The Registrar may issue a temporary authorisation to possess a firearm to any person, including a non-citizen—

(a) for such period as the Registrar may determine; and

(b) subject to such conditions as may be prescribed and imposed by the Registrar.

(2) The Registrar may at any time withdraw an authorisation if any condition contemplated in subsection (1)(b) is not complied with.

Uncommenced amendment

(2)

(a) The Registrar may, subject to paragraph (b), at any time by written notice withdraw an authorisation if any condition contemplated in subsection (1)(b) is not complied with.

(b) A withdrawal notice contemplated in paragraph (a) may only be issued if the Registrar has—

(i) given the holder of the authorisation notice in writing of the grounds on which the withdrawal is to be considered;

(ii) informed the holder concerned in writing that he or she may submit written 5 representations within 30 days as to why the authorisation should not be cancelled; and

(iii) duly considered any representations received and all the facts pertaining to the matter.

[S 21(2) substituted by s 16 of Act 28 of 2006 with effect from date to be proclaimed.]

(3) The Office of the Central Firearms Register must keep a record containing such information as may be prescribed in respect of all authorisations issued in terms of this section.

(4) The Registrar must submit an annual report to the Minister containing such information as may be prescribed in respect of all authorisations issued in terms of this section.

(5) A firearm in respect of which an authorisation has been issued in terms of this section may be used only—

(a) if the Registrar by endorsement on the authorisation permits such use; and

(b) in accordance with such conditions as may be prescribed and imposed by the Registrar.

(6) A firearm in respect of which an authorisation has been issued in terms of this section may be disposed of only with the written consent of the Registrar and subject to such conditions as he or she may impose.

[S 21 commencement: 1 July 2004.]

Despite anything to the contrary in this Act but subject to section 120(5), any person who is at least 21 years of age and the holder of a licence to possess a firearm issued in terms of this Act may allow any other person to use that firearm while under his or her immediate supervision where it is safe to use the firearm and for a lawful purpose.

[S 22 commencement: 1 July 2004.]

Uncommenced amendment

(1) No firearm licence may be issued unless the firearm bears the manufacturer’s serial number or any other mark by which the firearm can be identified.

(2) The identification number must be stamped and the mark affixed in the prescribed manner on the barrel and the frame, or the barrel and the receiver, of the firearm.

[S 23(2) substituted by s 7 of Act 43 of 2003.]

(3) Despite subsections (1) and (2), the Registrar may, on good cause shown by the applicant and subject to such conditions as the Registrar may impose, issue a licence in respect of a firearm which does not comply with the provisions of those subsections.

(4) The Registrar may direct that any firearm in respect of which an application for a licence has been made, be marked with such additional identification mark as he or she may determine.

(5) No person may erase, alter or in any other manner tamper with the manufacturer’s serial number or any other identification mark on a firearm with the intention of changing the identity of the firearm.

(6) A person who is in possession of a firearm of which the manufacturer’s serial number or other identification mark has been erased, altered or in any other manner tampered with or has become illegible, must forthwith notify the Registrar of such fact.

(7) The Registrar may direct in writing that such firearm be marked with such identification mark as he or she may determine.

[S 23 commencement: 1 July 2004.]

(1) The holder of a licence issued in terms of this Chapter who wishes to renew the licence must at least 90 days before the date of expiry of the licence apply to the Registrar for its renewal.

(2) The application must be—

(a) accompanied by such information as may be prescribed; and

(b) delivered to the Designated Firearms Officer responsible for the area in which the applicant ordinarily resides or in which the applicant’s business is, as the case may be.

(3) No application for the renewal of a licence may be granted unless the applicant shows that he or she has continued to comply with the requirements for the licence in terms of this Act.

(4) If an application for the renewal of a licence has been lodged within the period provided for in subsection (1), the licence remains valid until the application is decided.

[S 24 commencement: 1 July 2004.]

(1) The holder of a licence, permit or authorisation issued in terms of this Chapter must in writing notify the Registrar of any change in his or her physical or postal address within 30 days of such change occurring.

(2) The Registrar must within 30 days after receiving a notice referred to in subsection (1) acknowledge receipt of that notice in writing.

[S 25 commencement: 1 July 2004.]

(1) The holder of a licence, permit or authorisation issued in terms of this Chapter must notify the Registrar in writing within 30 days if there is any change with regard to any information which was submitted in respect of the application for the issue of that licence, permit or authorisation.

(2) The Registrar must within 30 days after receiving a notice referred to in subsection (1) acknowledge receipt of that notice in writing.

[S 26 commencement: 1 July 2004.]

A licence or permit mentioned in Column 2 of the Table below remains valid for the period mentioned in Column 3 of that Table.

Table

Period of validity of licence or permit

                   Secti     Type of licence or permit                         Period
                   on                                                          of
                   num                                                         validity
                   ber
                   13        Licence to possess firearm for self-defence       Five
                                                                               years
                   14        Licence to possess restricted firearm for self-   Two
                             defence                                           years
                   15        Licence to possess firearm for occasional         10
                             hunting and sports-shooting                       years
                   16        Licence to possess firearm for dedicated          10
                             hunting and dedicated sports-                     years
                             shooting
                   16A       Licence to possess a firearm for professional   10
                             hunting                                         years
                   17        Licence to possess firearm in private           10
                             collection                                      years
                   18        Permit to possess ammunition in private         10
                             collection                                      years
                   19        Licence to possess firearm, and permit to       10
                             possess ammunition, in public collection        years
                   20        Licence to possess firearm for business         10
                             purposes: Business as game rancher and in       years
                             hunting
                   20        Licence to possess firearm for business         Five
                             purposes: Business other than as game           years
                             rancher and in hunting

A readable version of this table is on the guide, rendered from the periods the app acts on.

[S 27 substituted by s 18 of Act 28 of 2006 with effect from 10 January 2011.]

(1) A licence issued in terms of this Chapter terminates—

(a) upon the expiry of the relevant period contemplated in section 27, unless renewed in terms of section 24;

(b) if surrendered by the holder of the licence to the Registrar;

(c) if the holder of the licence becomes or is declared unfit to possess a firearm in terms of section 102 or 103; or

(d) if it is cancelled in terms of this Act.

(2) The Registrar may, by notice in writing, cancel a licence issued in terms of this Chapter if the holder of the licence—

(a) no longer qualifies to hold the licence; or

(b) has contravened or failed to comply with any provision of this Act or any condition specified in the licence.

(3) A notice contemplated in subsection (2) may only be issued if the Registrar has—

(a) given the holder of the licence 30 days’ notice in writing to submit written representations as to why the licence should not be cancelled; and

(b) duly considered any representations received and all the facts pertaining to the matter.

(4)

(a) If a notice contemplated in subsection (2) is issued, the former holder of the licence must dispose of the firearm in question through a dealer or in such manner as the Registrar may determine.

(b) The disposal must take place within 60 days after receipt of the notice.

(5) If the firearm is not disposed of within 60 days, it must be forfeited to the State and the former holder of the licence must surrender it immediately at such place and in such manner as the Registrar may determine.

(6) Any period contemplated in this section may be extended by the Registrar on good cause shown.

[S 28 commencement: 1 July 2004.]

(1) If a licence, permit or authorisation issued in terms of this Chapter is lost or stolen, the holder of the licence, permit or authorisation must inform the Registrar of such loss or theft within 24 hours of the discovery of the loss or theft.

(2) If a licence, permit or authorisation issued in terms of this Chapter is defaced, lost or stolen, the holder of the licence, permit or authorisation must within seven days of the discovery of the defacement, loss or theft apply to the Registrar in the prescribed form for a copy of the licence, permit or authorisation.

[S 29 commencement: 1 July 2004.]

The Registrar must establish and maintain such central firearms database as may be prescribed.

[S 30 commencement: 1 July 2004.]