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POLICY GAPS IN THE FIREARMS LEGISLATION. 2015-03-25. OVERVIEW. Assumptions Firearm debate: Right vs Privilege Control Strategies Firearms Policy – 1998 Stakeholders PESTEL – analysis of external factors impacting on the FCA Policy Gaps. ASSUMPTION.
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POLICY GAPS IN THE FIREARMS LEGISLATION 2015-03-25.
OVERVIEW • Assumptions • Firearm debate: Right vs Privilege • Control Strategies • Firearms Policy – 1998 • Stakeholders • PESTEL – analysis of external factors impacting on the FCA • Policy Gaps
ASSUMPTION • “There is nothing wrong with the Firearms Control Act – the problem lies with the implementation”. • Does the answer to firearms control lies solely with the FCA. • US criminologist Franklin Zimring (1991) – to measure effective gun control: • Prohibit / restrict certain uses of weapons and ammunition. • Prohibit / restrict certain users of weapons. • Prohibit / restrict certain types of weapons and ammunition. • South African Legislation complies to this – however there are 2 elements that require vigilance: • License renewal, • Limit on the number of firearms.
THE FIREARM DEBATE:Right vs Privilege • Lord Cullen in the Dunblane enquiry in 1995. • He rejected the argument that control over civilian firearms were ineffective and held that there was a relationship between the availability of firearms and the levels of firearm crime, accidents and suicides. • A reduction in the number of legal firearms is quite unlikely to produce a proportional reduction in gun crime. • The number of legal firearms within a particular society, although relevant to the level of firearm crime, accident and suicide, may be no important than social factors as the general level of violence within a particular society, its attitude towards drugs and alcohol and the presence or absence of large number of young men who believe they have been unfairly marginalised.
CONTROL STRATEGIES • According to Sir Thomas Thorp – March 1998 report on Firearms Control in South Africa – although the application of particular control techniques varies according to the circumstances of the particular country - all techniques seek to promote one of the four aims or objectives: • Banning or restricting high risk firearms, • Reducing the availability of firearms to high risk users, • Banning or restricting high risk uses and • Promoting the acceptance of responsibility for use and ownership of firearms. • The first three are pursued by the legislated control – the fourth is dependent on other forms of encouragement (educational and community programmes). • In most countries long term substantial advances are likely to depend as much on changing social attitudes towards guns and achieving a culture which recognises the responsibilities which should attach to gun use and ownership as on formal control.
FIREARMS POLICY: 1998 • In 1998 the policy document for firearm control was approved by Cabinet containing 36 recommendations. • Minister of Safety and Security opening message in the policy “South Africa must invest substantially in comprehensive initiatives to combat the culture of violence”. • The aim of the policy was to address the following: • reduce all forms of gun-related violence and crime in South Africa; • reduce the availability of firearms; • change the attitude of the public towards firearms and encourage a culture of responsible gun ownership; • make owners of licensed firearms more directly accountable for them and reduce the irresponsible use of them; • reduce the number of illegal firearms through stricter controls aimed at cutting off the sources of new illegal firearms and at increasing the recoveries by the SAPS and the SANDF; • have stricter monitoring of all firearms in the country, so that the whereabouts of all privately owned and State-owned firearms are known at all times. • give the Police appropriate powers to investigate, confiscate and arrest with a view to successful prosecution.
STAKEHOLDERS Community NGO Associations • SAPS • DOJ&CS • CSP • METRO POLICE • TRAINING PROVIDERS • SASSETA • DOHA • APPEALS BOARD • PSIRA FIREARMS MANAGEMENT FCA Manufacturers Dealers IS SAPS THE ONLY ENTITY RESPONSIBLE FOR IMPLEMENTING THE FCA ?
POLICY RECOMMENDATIONS • Multi – faceted approach to firearms management in South Africa. Do we have a securacratic approach ? HOW DO WE MOVE AWAY FROM THAT. • Address - the core reasons for firearm license – self defense. Why ? • Intelligence approach – to deal with illegal firearms. • Policing vs administration? • International best practices. Align to tried and tested models. • How do we ensure that FCA protects women and children through alignment. • Safer space approach - Gun free zones – firearm free zones – school safety. • Access to information – research and developing strategies. • Most effective and efficient use of technology. • Firearms amnesty (voluntary surrender programme be instituted– innovative approach. • Medical and psychological approach. • Private security industry – address the demand for armed response. • Access to Hand guns.
POLICY RECOMMENDATIONS • Responsible gun ownership (what needs to be achieved). • Independence of the appeals board. • Regulating the activities of gunsmiths. • Standards and safety of products. • Publishing of statistics. • Separation of training and testing in determining competency. • Minimum age for obtaining license ? • Alternate methods of self defense. • Sentencing for offenders to act as a deterrent. • Firearm injury database be instituted and information relating to all injuries sustained by means of a firearm be collected for the purpose of informing prevention programmes. • Police discretionary power – establish panel at local level to include civilian involvement in considering applications. • Oversight role and responsibilities. • Independent firearms authority – outside of the police.
