COMMENTS ON SUBMISSIONS ON FIREARMS CONTROL BILL, 2006

1. COMMENTS ON SUBMISSIONS ON FIREARMS CONTROL BILL, 2006 PORTFOLIO COMMITTEE FOR SAFETY AND SECURITY 23 August 2006

2. AUDIT VERSUS RELICENSING • Some presenters asked for plain audit, and that all firearms licensed under repealed Act, be retained. • Others request audit with competency testing, and to retain all firearms licensed under the repealed Act. • To replace relicensing process now with audit, would be counter-productive and disruptive. Audit with competency testing differs very little from relicensing process, if firearms limited to numbers of new Act. • Proposal: Retain relicensing process, but confirm policy that existing firearms will be relicensed, subject to the requirements of the new Act (numbers, competency testing and motivation for specific category). • Policy for relicensing should give full recognition for existing ownership, within numbers limitation.

3. SILENCERS • Propose that section 94 of the Act be amended to include a “silencer”. • This will ensure that only persons who are licensed to own a firearm may be in possession of a silencer: • Section 94 of the principal Act is hereby amended by the substitution for subsection (1) of the following:  • (1) For purposes of this section, ‘firearm part’ means a slide, bolt,[or] breach-block, or a device to muffle or moderate the report of a firearm.

4. Definition of ammunition primers • It was requested that primers on its own should not be regarded as ammunition. • Even under the repealed Act it was regarded as ammunition. • Primers are needed for reloading purposes and it is believed the position should remain unchanged.

5. “Dispossession” : Define • It is proposed that it be defined as follows: “’dispossession’, for the purposes of section 118, means to have parted with a firearm in a manner which is in contravention of section 120(10)(a) of the Act, and ‘dispossessed’ shall have a corresponding meaning; Section 120(1)(a) prohibits the selling, supplying or in any manner giving possession to a person who is not allowed to possess a firearm or ammunition in terms of Act. Present wording of section 118 only covers lost, theft or destruction.

6. Self Defence / Necessary Defence • It was requested that the term used in section 13, namely “self defence”, should be substituted by “necessary defence” or “private defence”. • As explained the licence is granted primarily for self-defence and if it is used in defence of another person, section 13(4) provides that such firearms may be used for a lawful purpose.

7. Number of rounds in possessionof Collectors • Propose that calibre be defined as follows: • (c) “’calibre’, for purposes of sections 18(1)(b) and 19(3), means cartridge type defined by dimensions, make, mark and model of the ammunition in question. • This will only be applicable to collectors.

8. Provisional licence • It was asked that provisional approval be given where a deposit needs to be paid in order to have a firearm custom built, or where a firearm is replaced with another, also when a firearm is re-barreled. • It can be dealt with administratively by approving such licence, but only issuing it once conditions have been complied with. • In cases where application is made for import, the approval of import is only done where the license will be approved as well, and can therefore be regarded as provisional approval

9. Renewal of competency • Do not do away with field test. • Competency runs with period of validity of licence. • False information is offence. • Information except mental capacity, alcoholism, drug dependency on system • Issues such as mental capacity drugs, alcohol not on our system. • Any red lights must be followed up with field investigation, in same manner as initial application.

10. Brokering • Adequately covered in National Conventional Arms Control Act.

11. LOAN / USE OF FIREARM • Age limit proposed ) (ISS) eg 18 years • Broader interpretation requested of “immediate supervision” and “stepped age”- 14 years under immediate supervision above 14 years on farm or property not under immediate supervision. • Recommends: “Immediate supervision” should be retained -to allow anything else would bring us in position where we were with permission with letter of owner which was deleted in old Act. • Do not think age limit is necessary- remains responsibility of the owner of firearm-but must be under his immediate supervision.

12. New Category of licence, namely “professional hunter” • Can and should register as “business in hunting”, because that is what person do.

13. SASSETA Certificates • SAPS acknowledges the problem experienced with SASETA certificates • We will look at Regulations and consider the deletion for requirement of SASSETA certificate. Take up with SETA/Dept of Labour. • Certificate issued by service provider who is accredited anyway • Administratively SAPS can use service provider certificate and receive SASSETA certificate for record purposes only.

14. Admission of Guilt Fines • See S v Makolane 2006(1) SACR 589 (TPD) • Confirms principle that where admission of guilt is paid, that it is not automatically ground for unfitness. • However, a pattern, or exceptional circumstances could constitute grounds for unfitness. • Court also stated that present Act, section 103(2) is difficult to understand. • Section 103 of Act did not preclude the use of the procedure set out in section 57A of the CPA, and the accused’s admission of guilt and the imposed fine were in order. • Propose that amendment proposed should be retained.

15. RELATIONSHIP NCACC • There is a perception that all exports will as a result of the amendment of section 96 have to be channeled through NCACC. • The relevant section of NCACC determines that the NCACC may determine which exports must also be approved by them, and channeled through SAPS to NCACC • Only those determined will be be submitted only aligns the Firearms Control Act with NCACC Act. • There was complaint about the low threshold- that must be taken up with the NCACC.

16. Definition of muzzle loader • Agree definition must be amended: • “’muzzle loading firearm’ means- • (a) a barreled device that can fire only a single shot per barrel and requires after each shot fired the individual reloading through the muzzle end of the barrel [or cylinder] with separate components consisting of a– • (i)measured charge of black powder or equivalent propellant; • (ii)wad; and • (iii)lead bullet, sabot or shot functioning as a projectile, and ignited with a flint, match, wheel or percussion cap; or.”.

17. Definition of muzzle loader • Above definition will address miniture and other muzzle loading canon. • See “cylinder” would depend on how we deal with “cap and ball” revolvers. • They were not previously included in definition of firearm, because not loaded in muzzle, but in cylinder. • Is cumbersome to reload and differs from other muzzleloaders in that it can fire six shots in succession before reloading.

18. Cap and Ball revolvers • Policy decision needed. • Can fire six shots in succession. • Is cumbersome to reload. • Cannot be compared to modern revolvers and pistols. • Not evidence used in crime- one case where such bullet found in body. • Would probably not be preferred weapon. • Poses a greater danger than single shot muzzle loaders.

19. Storage of firearm on dealer’s premises • Relates to Regulation • Do not agree with “problem”.

20. Weekly returns gunsmiths • Relates to Regulations only.

21. Testing of firearms by dealer/gunsmith accredited range • Not aware that this is real problem. • Do not agree that gunsmith use other shooting ranges to test fire firearms

22. Competency certificates for muzzle loader • Request that any competency certificate must be acceptable. • Collectors/associations willing to develop specific course. • Differ from other firearms. • Not in agreement that any competency certificate be acceptable

23. Role of heritage association • It was pointed out by collectors that Heritage Agency SAHRA could only play a role in respect of historic value Proposal: • (a)A firearm which may be possessed in a private collection is any firearm approved for collection by an accredited collector’s association, based upon such historical, technological, scientific, heritage, educational, cultural, commemorative, investment, rarity, thematic or artistic value as determined by the association, or • (b)where a firearm is approved for collection as a heritage item as defined in the National Heritage Resources Act, 1999 (Act No. 11 of 1999), such approval shall be subject to confirmation by the South African Heritage Resources Agency or its appointed agents.

24. Section 119 additional licence • Requirement of proof of handing over opposed • This relates to situation where a husband and wife both are holders of a licence to posses the same firearm and firearm is lost. • The spouses cannot be obliged to testify against each other. • Proposed documentary proof would mean that spouse will need to document handing over of firearm every time, which is not practical in household. • The value of the proposed amendment in household situation is doubtful and it is proposed to delete it from the Bill.

25. Competency certificate for collector section 10 • Add category “to possess a firearm as public collector • Amend Clause 9 • (1) An application for a competency certificate to possess a firearm, to trade in firearms, to manufacture firearms, [or] to possess a firearm as a private collector in a specific category or to carry on business as a gunsmith must be delivered to the Designated Firearms Officer responsible for the area in which the applicant normally resides or in which the applicant’s business is or will be situated, as the case may be.

26. Competency certificate for collector section 10 • Include in Clause 9 iB possess a firearm as a private collector in a specific category;

27. Making Inoperable of Restricted Firearms for collection • The idea is to ensure that the process is non damaging. • It is so that collectors are responsible, but possession of automatic weapons by private individuals should be restricted in accordance with the SADC Protocol. • Regulations which will describe process of making firearm inoperable will be drafted through consultation with the Collectors.

28. Protection order- interim/final • See section 9 of Domestic Violence Act 116 of 1998 • 9         (1) The court must order a member of the South African Police Service to seize any arm or dangerous weapon in the possession or under the control of a respondent, if the court is satisfied on the evidence placed before it, including any affidavits supporting an application referred to in section 4 (1), that-

29. Protection order- interim/final • (a)     the respondent has threatened or expressed the intention to kill or injure himself or herself, or any person in a domestic relationship, whether or not by means of such arm or dangerous weapon; or • (b)     possession of such arm or dangerous weapon is not in the best interests of the respondent or any other person in a domestic relationship, as a result of the respondent's- (i)     state of mind or mental condition;           • (ii)     inclination to violence; or           • (iii)     use of or dependence on intoxicating liquor or drugs.

30. Protection order- interim/final • (2) Any (fire)arm seized in terms of subsection (1) must be handed over to the holder of an office in the South African Police Service and the court must direct the clerk of the court to refer a copy of the record of the evidence concerned to the National Commissioner of the South African Police Service to consider declaration of unfitnes to possess firearm. • Upon receipt of above information, any pending application for a competency certificate or firearms licence is placed on hold until the matter is finalised.

31. Imitation firearms • It is correct that there is an anomaly that any person may be in possession of a deactivated automatic firearm, but not of an imitation of such firearm which also cannot fire ammunition. • Section 2 of the Dangerous Weapons Act provides that Any person who is in possession of …any object which so resembles a firearm, that in the circumstances under which such person is in possession thereof, it is likely to be mistaken for a real firearm, shall be guilty of an offence, unless he is able to prove that he had at no time any intention of using the object for any unlawful purpose.

32. Imitation firearms • Dangerous Weapons Act provides for such possession in respect of all firearms. • Propose that provision relating to imitation in FAC Act be amended: • (e) any imitation of any device contemplated in paragraph [(a),](b), (c), or (d); • (a) relates to “automatic firearm”.

33. Possession of rifle grenades • Include in Clause 12 the rifle grenades- this will have effect that rifle grenades may be possessed by collectors and if deactivated.

34. Disposal of ammunition by collectors • Amend Clause 16, to include ammunition in collection, in other words, a collector may donate or sell ammunition without intervention of a dealer: subject to conditions to be prescribed.