Transitional provisions

(1) Subject to subitem (2) and item 11, any licence which was issued in terms of the previous Act and which was valid immediately before the date of the commencement of this Act, remains valid for a period of five years from the date on which this Act comes into operation, unless such licence is terminated, cancelled or surrendered in terms of this Act.

(2)

(a) The holder of a licence to possess an arm contemplated in subitem (1) must, before the end of the period contemplated in that subitem, in a lawful manner dispose of any firearms in his or her possession in excess of the number that he or she may lawfully possess in terms of this Act.

(b) For the purpose of paragraph (a), section 31(2) does not apply.

(3) Any firearm not disposed of as contemplated in subitem (2) may be forfeited to the State and must be disposed of in the prescribed manner.

(1) A person who possesses a muzzle loading firearm must apply within one year from the date of commencement of section 52 of the Firearms Control Amendment Act, 2006, for the relevant competency certificate to possess a muzzle loading firearm in terms of this Act.

(2) No prosecution may be instituted during the period referred to in subitem (1) against any person found in possession of a muzzle loading firearm without having been issued with a relevant competency certificate.

(3) The period referred to in subsection (1) may be extended by the Minister for such period as the Minister may determine by notice in the Gazette.

(4) If the application for a competency certificate has been lodged within the period provided for in subitem (1), or the extended period referred to in subitem (3), the possession of the muzzle loading firearm remains lawful until the application for a competency certificate is decided.

[Schedule 1, item 1A inserted by s 52 of Act 28 of 2006 with effect from 10 January 2011.]

Subject to item 11, any licence issued in terms of section 19(1) of the previous Act or transferred in terms of section 20 of that Act or any temporary licence issued in terms of section 19A(1) of the previous Act, which was valid immediately before the date of commencement of this Act, remains valid for one year from that date, unless it is terminated, cancelled or surrendered in terms of this Act.

Subject to item 11, any permit issued in terms of section 26(1) or 32(1) of the previous Act, which was valid immediately before the commencement of this Act, remains valid for the period specified in that permit, unless terminated, cancelled or surrendered in terms of this Act.

Subject to item 11, any permit issued in terms of section 30 of the previous Act, which was valid immediately before the commencement of this Act, remains valid for one year from that date, unless terminated, cancelled or surrendered in terms of this Act.

Subject to item 11, any registration certificate to carry on the trade of gunsmith, issued in terms of regulation 14(4) of the regulations made under the previous Act, which was valid immediately before the date of commencement of this Act, remains valid for one year from that date, unless terminated, cancelled or surrendered in terms of this Act.

[Schedule 1, item 4A inserted by s 19 of Act 43 of 2003.]

Subject to item 11, any authorisation issued in terms of section 3(5) or 33A(1) of the previous Act or any permit issued in terms of the previous Act other than a permit contemplated in item 3 or 4, which was valid immediately before the commencement of this Act, remains valid for the period specified in the authorisation or permit, as the case may be, unless terminated, cancelled or surrendered in terms of this Act.

(1) Any person declared to be unfit to possess an arm in terms of the previous Act must be regarded as having been declared unfit to possess a firearm in terms of this Act.

(2) Despite items 1, 2, 3, 4 and 5, any person holding a licence contemplated in any of those items may in terms of this Act become or be declared unfit to possess a firearm.

(1) The register kept in terms of section 42 of the previous Act must be maintained by the Registrar for such period as may be necessary.

(2) A certificate purporting to be signed by the Commissioner or any person acting under his or her authority stating any fact recorded in the register referred to in subitem (1) is upon production in a court by any person, prima facie evidence of the fact so stated.

(1) Subject to subitems (2) and (3), this Act does not affect any proceedings instituted in terms of the previous Act which were pending in a court of law immediately before the date of commencement of this Act, and such proceedings must be disposed of in the court in question as if this Act had not been passed.

(2) Proceedings contemplated in subitem (1) must be regarded as having been pending if the person concerned had pleaded to the charge in question.

(3) No proceedings may continue against any person in respect of any contravention of a provision of the previous Act if the alleged act or omission constituting the offence would not have constituted an offence if this Act had been in force at the time when the act or omission took place.

(4)

(a) Despite the repeal of the previous Act, any person who, before such repeal, committed an act or omission which constituted an offence under that Act and which constitutes an offence under this Act, may after this Act takes effect be prosecuted under the relevant provisions of this Act.

(b) Despite the retrospective application of this Act as contemplated in paragraph (a), any penalty imposed in terms of this Act in respect of an act or omission which took place before this Act came into operation may not exceed the maximum penalty which could have been imposed on the date when the act or omission took place.

(1) An investigation by the Commissioner in terms of the previous Act which has not been completed when this Act commences, must be discontinued.

(2) Any act or omission committed prior to the coming into operation of this Act, which constituted grounds for declaring a person unfit to possess an arm, must be regarded as constituting grounds for declaring a person unfit to possess a firearm in terms of this Act.

(1) Despite this Schedule, the Registrar may at any time notify any person who holds a licence, permit or authorisation contemplated in item 1, 2, 3, 4 or 5 that he or she intends investigating the validity of that licence, permit or authorisation.

(2) The person notified must on a date specified in the notice furnish the Registrar—

(a) with the original licence, permit or authorisation in question, against the issue of a receipt; and

(b) with such additional information as may be required in terms of the notice.

(3) If the Registrar finds that the licence, permit or authorisation was not validly issued, the holder of the licence, permit or authorisation must, if applicable and against the issue of a receipt, surrender the firearm in question to a police official at a police station specified by the Registrar in a written notice to the holder.

(4) The firearm must be disposed of as prescribed after the expiration of a period of six months after the date of surrender 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.

(5) The Registrar may declare the holder referred to in subitem (3) to be unfit to possess a firearm, in which case the provisions of Chapter 12 of this Act apply with the necessary changes.

(6) Any person who fails to comply with subitem (2) or (3) is guilty of an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding one year or to both a fine and such imprisonment.

(1)

(a) The holder of a licence, permit, certificate or authorisation contemplated in item 1, 2, 3, 4, 4A or 5 must apply for the corresponding licence, permit, certificate or authorisation in terms of this Act within the period determined by the Minister by notice in the Gazette.

(b) Different periods may be determined in terms of paragraph (a) in respect of—

(i) different licences, permits, certificates or authorisations; and

(ii) holders whose surnames start with different letters of the alphabet, or whose dates of birth fall in different months.

(c) The period contemplated in paragraph (a) must end before the end of the relevant period contemplated in item 1(1) and may not exceed the period contemplated in item 2, 3, 4, 4A or 5.

(d) If an application for the renewal of a licence, permit, certificate or authorisation has been lodged within the period provided for in this section, the licence, permit, certificate or authorisation remains valid until the application is decided.

(2) An application for a licence, permit, certificate or authorisation contemplated in subitem (1) must in addition to any requirement in terms of this Act be accompanied by—

(a) a certified copy of the existing licence, permit, certificate or authorisation; and

(b) such other information as may be required.

(3) For purposes of this item, section 9(2)(r) does not apply.

(4) Any holder of a licence, permit, certificate or authorisation who fails to apply for the renewal of his or her licence, permit, certificate or authorisation before the end of the period determined by the Minister in terms of subitem (1), is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding one year or to both a fine and such imprisonment.

[Schedule 1, item 11 substituted by s 20 of Act 43 of 2003.]