Chapter 8
(1) No person may import into or export from South Africa any firearms or ammunition without an import or export permit issued in terms of this Act.
(2) No person may carry in transit through South Africa any firearms or ammunition without an in- transit permit issued in terms of this Act.
[S 73 commencement: 1 July 2004.]
Uncommenced amendment
This is how the section will read once the remainder of the 2006 Amendment Act is proclaimed. It does not bind anyone today — the version above it does.
(1) No person may import into or export from South Africa any firearms, muzzle loading firearms or ammunition without an import or export permit issued in terms of this Act.
(2) No person may carry in transit through South Africa any firearms, muzzle loading firearms or ammunition without an in-transit permit issued in terms of this Act.
[S 73 substituted by s 24 of Act 28 of 2006 with effect from date to be proclaimed.]
(1) An import, export or in-transit permit may be issued to a person who is a fit and proper person to hold such permit.
(2) Unless the Registrar directs otherwise in writing, no import, export or in-transit permit may be issued in respect of any firearm or ammunition which does not bear the prescribed identification marks.
[S 74 commencement: 1 July 2004.]
The Minister may prescribe conditions which the Registrar may impose on the holder of a permit issued in terms of this Chapter.
[S 75 commencement: 1 July 2004.]
An import, export or in-transit permit must—
(a) specify the conditions contemplated in section 75; and
(b) contain such other information as may be prescribed.
[S 76 commencement: 1 July 2004.]
(1) A permit for the import of a firearm or ammunition also constitutes a licence to possess such firearm or ammunition for such person and period as the Registrar may specify on the permit.
(2) The Registrar may impose such conditions in respect of the possession and use of the relevant firearm or ammunition as may be prescribed, and must, on the permit in question, specify any conditions imposed.
[S 77 commencement: 1 July 2004.]
(1) The holder of a permit issued in terms of this Chapter, must at the request of any police official, produce for inspection—
(a) any firearms or ammunition in his or her possession or under his or her control;
(b) his or her permit; and
(c) any register or electronic data that may be kept by him or her in terms of this Act.
(2) The Registrar may direct the holder of a permit issued in terms of this Chapter to keep and maintain registers containing such information as he or she may direct.
(3) The Registrar may direct the holder of a permit issued in terms of this Chapter to establish and maintain a workstation which complies with such requirements as he or she may direct and which links the registers referred to in subsection (2) to the central importers’ and exporters’ database.
(4) The holder of a permit issued in terms of this Chapter must comply with the conditions specified in the permit.
[S 78 commencement: 1 July 2004.]
The Registrar must establish and maintain such central importers’ and exporters’ databases as may be prescribed.
[S 79 commencement: 1 July 2004.]
(1) The Registrar may suspend an import, export or in-transit permit if the Registrar has information in a sworn statement or on solemn declaration that the holder of the permit has committed an offence in terms of this Act for which a sentence of imprisonment for a period of five years or more may be imposed.
[S 80(1) substituted by s 9 of Act 43 of 2003.]
(2) A permit may be suspended for not more than seven days without affording the holder of the permit a hearing.
(3) A suspension may endure for a period longer than seven days if the—
(a) holder has been afforded an opportunity to make written representations to the Registrar;
(b) Registrar has given due consideration to the representations;
(c) Registrar deems it necessary in order to achieve the objects of this Act; and
(d) suspension has been confirmed by a court.
(4) A holder of a permit may not import or export firearms or ammunition or carry firearms or ammunition in transit for such period as the permit is suspended.
[S 80 commencement: 1 July 2004.]
(1) An import, export or in-transit permit terminates—
(a) on the date specified in the permit;
(b) if surrendered by the holder of the permit to the Registrar;
(c) if the holder of a permit becomes or is declared unfit to possess a firearm in terms of section 102 or 103; or
(d) if cancelled in terms of this Act.
(2) The Registrar may, by written notice, cancel an import, export or in-transit permit if the permit holder—
(a) no longer qualifies to hold the permit; or
(b) has contravened or failed to comply with any provision of this Act or any condition specified in the permit.
(3) A notice contemplated in subsection (2) may only be issued if the Registrar has—
(a) given the holder 30 days’ notice in writing to submit written representations as to why the permit should not be cancelled; and
(b) duly considered any representations received and all the facts pertaining to the matter.
(4) If a notice contemplated in subsection (2) is issued, the former holder of a permit must dispose of any firearms and ammunition in his or her possession in such manner as the Registrar may determine.
[S 81 commencement: 1 July 2004.]
(1) If an import, export or in-transit permit is lost or stolen, the holder of a permit must inform the Registrar within 24 hours of the discovery of the loss or theft.
(2) If an import, export or in-transit permit is defaced, lost or stolen, the holder of the permit must within seven days of the discovery of the defacement, loss or theft apply to the Registrar in the prescribed manner for a copy of the permit.
[S 82 commencement: 1 July 2004.]
