2017-03-08: SAPS threats regarding expired licence cards

Moderators: GenMod, AfrMod

2017-03-08: SAPS threats regarding expired licence cards

Postby GOSA » Wed, 2017-03-08 14:28

Gun Owners of South Africa (GOSA) Press Release : SAPS threats regarding expired licence cards
2017-03-08

GOSA takes note of the communication originating from the Central Firearm Registry (CFR) pertaining to the prosecution of holders of expired firearm licences.

This is a matter that will be decided in the High Court, the relevant case pending a hearing in April.

Considering that the SAPS is now leveling a veiled threat at firearm owners with expired licence cards, through the baseless claim that those who surrender their firearms will not be prosecuted, the matter can only be seen as a disingenuous sub-judice attempt by the SAPS to intimidate and coerce firearm owners into surrendering their property before the case is even heard by the courts.

It is our opinion that the Head of CFR, through these actions, may very well be acting in contempt of court. We look forward to the North Gauteng High Court's view on this matter.

We encourage firearm owners with expired licence cards to find competent legal representation as a matter of urgency, in order to safeguard your rights in the event of the SAPS attempting to intimidate them.

If you do not already have representation, please contact GOSA and we can provide you with further information and assistance.

Gideon Joubert
Gun Owners of South Africa Media Liason
What have YOU done for YOUR rights today?
GOSA
Site Admin
 
Posts: 1604
Joined: Sun, 2006-01-29 15:42
Location: South Africa

Re: 2017-03-08: SAPS threats regarding expired licence cards

Postby GOSA » Wed, 2017-03-08 14:42

Here is the SAPS Communique from the SAGA website.

RENEWAL OF FIREARM LICENCES: FIREARMS CONTROL ACT, 2000 (ACT NO 60 OF 2000)

The purpose of the Firearms Control Act, 2000 (Act no 60 of 2000) is to establish a comprehensive and effective
firearm control system that will enhance the management and enforcement of the legislation.

In a recently reported case, a man was found guilty in a magistrate’s court for failing to renew his licence in time,
as contemplated in the Firearms Control Act, 2000. He was sentenced to two years’ imprisonment or a fine of
R10 000,00. [See Note 1 -- GOSA]

In terms of section 24 of the Firearms Control Act, 2000, a person who has been issued with a licence to possess a
firearm, is obliged to renew this licence at least 90 days before its expiry date.

Section 27 of the Firearms Control Act, 2000, provides for the period of validity of each type of licence and permit
that is issued. These dates are also reflected on the licence cards, as issued by the South African Police Service
(SAPS). However, in terms of section 28 of the Firearms Control Act, 2000, a firearm licence terminates on the
expiry of the relevant period contemplated in section 27 of the Firearms Control Act, 2000, unless it is renewed in
terms of section 24 of the Firearms Control Act, 2000.

The firearm owner has the option of selling, donating or deactivating the firearm, which must be concluded before
the relevant expiry date. If an application for the renewal has been lodged before the licence has expired, the existing
licence remains valid until the application has been decided.

In a circular with reference number 27/5/2/1, dated 2016-02-03 (Renewal of firearm licences in terms of section 24
of the Firearms Control Act, 2000, the following directives were given:

‘8. In the case where a person wants to renew or apply for a licence, but the validity of the licence has already
expired, the person must be informed that he/she is not in lawful possession of the firearm anymore and that the
firearm must be surrendered to the nearest police station.

9. When a firearm in respect of which the licence has expired, is voluntarily surrendered, the owner will not be
prosecuted.’

It is clear that provisions were made for persons who failed to renew their firearm licences, to voluntarily surrender
these firearm(s) and/or ammunition to the nearest police station, following which prosecution will not be instituted
against the person.

This position prevails and, therefore, persons who voluntarily surrender their firearms at police stations, must not
be charged for the illegal possession thereof.

However, if a police official discovers during his or her day-to-day policing activities or operations that a person is in
possession of a firearm, but failed to renew his or her licence, meaning that they did not apply for the renewal of
the firearm licence, the police official may institute criminal proceedings against the person for the illegal possession
of a firearm in terms of section 3 of the Firearms Control Act, 2000, as follows: ‘Section 3: No person may possess a
firearm unless he or she holds a licence, permit or authorisation issued in terms of this Act for that firearm’.

The Registrar of Firearms (National Commissioner) is ultimately responsible for the implementation of the Firearms
Control Act, 2000, which includes administrative steps that are reasonable, fair and lawful.

This information must immediately be distributed to all officers and members of the SAPS for compliance
purposes.

Any enquiries may be directed to:

Major General JJ Bothma at 082 779 8728
bothmaj@saps.gov.za

Brigadier Mabule at 082 778 9542.
MabuleL@saps.gov.za

INTERNAL COMMUNICATION
CORPORATE COMMUNICATION AND LAISON

Note 1: This is factually incorrect. The person involved was bullied into paying an admission of guilt fine. This is not the same as a conviction.
What have YOU done for YOUR rights today?
GOSA
Site Admin
 
Posts: 1604
Joined: Sun, 2006-01-29 15:42
Location: South Africa


Return to GOSA Press Releases

Who is online

Users browsing this forum: No registered users and 2 guests

cron