Know your gear

Proposed changes to Firearms Act

Muzzle-loading Rifles and Single-shot Muzzle-loading Pistols

The first substantial amendment relates to muzzle-loading rifles and single-shot muzzle-loading pistols which were deregulated with effect from 1 July 2004 and since then could be purchased/possessed without having a firearm licence issued by the SA Police Services. (You still needed an explosives permit to possess black powder, but this was a relatively straightforward process.)

Parliament has now decided that, in order to possess a muzzle-loading rifle, or a single-shot muzzle-loading pistol, you have to have a competency certificate. Parliament acknowledged that many thousands of these firearms have been sold since 2004, and time would be necessary in order for people to become compliant with the new requirement. Accordingly, people in possession of muzzle-loading rifles, or single-shot pistols, will have one year from the date of promulgation of the amendments to obtain the necessary competency certificate. As there is no requirement for a firearm licence, muzzle-loaders should not be included in the various restrictions regarding the number of firearms you may possess.

Once the new provisions come into effect, the unauthorized possession of a muzzle-loading firearm will be illegal and will be sanctionable at law as a criminal offence. It is also important to note that in future only licensed firearm dealers will be able to import and sell muzzle-loading firearms.

Cap-and-Ball Revolvers

The amendment includes a detailed definition of a "muzzle loading firearm" which was clearly worded to exclude cap-and-ball revolvers. Although the SAPS told the parliamentary portfolio committee that it has never been legal to possess a cap-and-ball revolver without a licence, this is simply not true – they have been treated as ‘deregulated’ from 1 July 2004. However, the committee accepted the SAPS’s contention in this regard and allowed the Bill to go through to parliament without making any special or transitional provisions for existing owners of cap-and-ball revolvers. The probability is that, like all ‘ordinary’ firearms, both a competency certificate and a licence will be required. Until the regulations are published, there will still be some uncertainty as to what to do with cap-and-ball revolvers. For the time being, possession of cap-and-ball revolvers remains legal and, even when the amendments come into effect it is unlikely that the Director of Public Prosecutions will prosecute anyone for ‘illegal possession’ until proper transitional arrangements have been made.

Silencers

Silencers are now defined as ‘firearm parts’ so you will only be able to purchase /possess one if you have a licensed firearm that can be fitted with such silencer. Anyone who possesses a silencer and who does not have the corresponding firearm will be committing a criminal offence.

Restricted Firearms

Persons who are collecting restricted firearms will now only be able to possess restricted or prohibited firearms if these firearms are rendered temporarily inoperable. In contrast to this, the magazine limitation of five rounds on semi-automatic shotguns for sporting purposes has been lifted and there is now no magazine limitation.

Professional Hunters

Specific provision has now been made to recognise that professional hunters need a separate category of firearm licensing for them to licence firearms for business purposes and section 16 has been accordingly amended.

Validity of Licences & Competency Certificates

The validity of certain categories of firearm licences has been extended. For example those for game ranchers and for business hunting purposes will be ten years, and those for business purposes (other than game ranching and hunting) will be extended from two to five years.

Another interesting amendment has been in respect of the validity of competency certificates. Previously these were valid for five years from date of issue, but they will now remain valid for the same period as the licences to which they relate. This will become confusing because many people have different types of licences that have different periods of validity. This has created some uncertainty as to how long a competency certificate will be valid for, but will no doubt be remedied in the regulations.

Powers of the Registrar

By virtue of the fact that the Registrar will be given a greater discretion to prescribe criteria for the granting of competency certificates, the Registrar will have increased power to refuse competency certificates. He has also been given the power, where a person pleads guilty and pays an admission of guilt fine for a petty offence, to conduct an enquiry into such person’s fitness to possess the firearm.

This is merely a brief sketch of some of the amendments, many of which are technical and have little or no consequence to the ordinary firearm owner. Let me repeat, these amendments are not yet law. The Act, as it presently stands, as well as commentary on the amendments, is available on the website of the SA Gunowners’ Association at www.saga.org.za.