The Legalities of Owning Firearms in South Africa

1. Legal Aspects of Firearms Ownership
2. Acquiring a Firearm
3. Penalties

Legally owning a firearm in the Republic of South Africa is not as easy as it may seem to the Gun Control supporters.

Some background information are required at this stage:
In this country, all legally owned firearms are licensed.

The only exception to the above are those firearms held by the Police Services, the Military, the Correctional Services and some government departments. Even then, strict (in most cases) record keeping is employed to keep track of all the firearms.

The Central Firearms Registry (situated in Pretoria) keeps track on a database of all licensed firearms in this country.

There are several legal requirements for owning a firearm, some of which are:

• You have to be a South African citizen, although special permits may be issued to non citizens by the Commissioner of Police if he/she deems it necessary.
• You MAY NOT posses an unlicensed firearm. Failure to comply with this restriction WILL result in   untold grief, discomfort and legal hassles!
• A minimum age limit of 16 years is imposed.
• You have to own a South African Bureau of Standards (SABS) approved safe for safe storage of your firearm/s.
• Your safe has to be attached permanently to the structure of the place where you reside (house, flat,  etc.).
• Your firearm has to be constantly under your control if removed from your safe. For a handgun this    means that it has to be carried on your person at all times, or be within arms reach. The implication is that if you leave your handgun in your briefcase and you leave your office or car and the firearm is     stolen, you WILL be prosecuted for Negligence in the Possession of a Firearm and you WILL be fined  and may even be declared unfit to posses any firearms (either temporary or permanently). The same as above holds true for your rifle or shotgun.
• If you carry a handgun with you, then it HAS to be concealed - public display's of firearms is a big        no-no. [At least we have one-up on the Americans in this department!  ;) ]
• The same as above goes for your rifle / shotgun - it will be bagged in a public place.
• If you have a firearm/s with you, you have to have the licenses for said firearm/s with you for   presentation when asked for by a Police person or any other member of the Law Enforcement crowd.
• You WILL NOT discharge a firearm within the municipal boundary of any city or town in this country.  You're in DEEP trouble if you do discharge a firearm in a built-up area and get caught! The exception to this rule is when you have to defend your own life, or the lives of your family or of innocent     bystanders when those lives are in imminent danger from criminal attack.
• Oh yes, you may NOT leave your firearm/s unattended in your, or any other vehicle. Theft of firearm/s  from unattended vehicles = Negligence in Possession of a Firearm = stiff fines = possibility of being   declared unfit to posses any firearms (temporary or permanently) = a jail term in grossly negligent     cases.

 

There are basically 4 ways in which you may legally acquire a firearm in South Africa:
 

• You may purchase a firearm/s from a registered firearms dealer - whether it be a gunshop, a gunsmith or a manufacturer.
• You may purchase or swop a firearm from a private firearms owner, provided that he/she is the    registered, legal owner of said firearm/s.
• You may inherit a firearm/s from a deceased estate.
• You may be presented with a firearm as a gift or have won it as a prize in a lottery or raffle.

There are 1 or 2 other means by which you may legally acquire a firearm, but they are uncommon.

In all of the above cases you will have to apply for a license/s for the firearm/s in question. The only way of legally acquiring an unlicensed firearm is if you purchase (or receive) a deactivated firearm.

The license that you will receive on being successful in you application is valid for your entire lifetime (at least under the present Arms and Ammunition Act - it WILL change under the proposed Firearms and Ammunition Control Bill). It also entitles you to purchase and hold a 'reasonable' quantity (not specified under the present Arms and Ammunition Act) of ammunition in the caliber indicated on your license.

If you intend, or are already reloading, the license also allows you to acquire an unlimited quantity of primers and up to 2.4kg of propellant (Powder, for the Yanks). Bullets and cases are not controlled and you will not need your license for acquiring those items (at least for now under the present system).

Please note that you are only allowed to posses 2.4kg of propellant IN TOTAL - irrespective of how many calibers you reload for or the different types of propellant required for those calibers!

To be updated soon!
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