Insider Monkey has already published an article on 12 Countries with No Gun Laws and Low Crime Rates in the World, where we established that Finland is among countries with no gun … LEARN MORE It allows citizens to own smooth-bore firearms and firearms with rifled barrels for hunting and sport shooting purposes. you become a criminal. Unequal treatment existed among gunowners. We need to look at the provisions of Section 139 very carefully, because firstly Section 139(1)(a) presumes that an amnesty is necessary for illegal firearms. The letter "P" styled to look like a thumbtack pin. The South African police service is stuck with limited resources to stunt the distribution of illegal firearms, which worsens the problem. If the applicant complies with all the requirements, SAPS can issue a new licence and the applicant can collect his/her firearm from the police station. 6) This necessitates you surrendering the firearm to the South African Police Services. Between 2000, when South Africa’s new gun law passed, and 2010, the coutry’s gun death rate almost halved – proof that a strong gun law can save lives. Firearm owners are reminded that it remains their responsibility to timeously apply for the renewal of their licenses or to lawfully dispose of such firearms should they no longer wish to possess them. Just be aware…….. read the rest of the CHASA update – download here, Update 1st April 2019 (no, this was not an April Fool’s Joke!!). The SAGA Trust In October 2018 a draft bill proposing to take away self-defence as a reason for owning a gun didn’t please legal gun owners. We are expecting a national directive from SAPS and as soon as we know more we will publish the information. On7 February 2018 at 10h00, the Constitutional Court will hear an application for confirmation of a declaration of constitutional invalidity and an application for leave to appeal in a matter concerning the expiration and renewal of firearm licences in terms of the Firearms Control Act 60 of 2000 (the Act). Mexico’s gun laws are similar to those in countries like the United Kingdom that do not allow citizens’ possession of certain lethal firearms. This is misleading and in my opinion is a slap in the face of the Constitutional Court. 3. We therefore suggest that you make every effort to comply wherever possible and do your renewal applications within the prescribed period.” Click HERE for the full notice and advice. South Africa 1 Join an accredited hunting or shooting club, or document a need for self-defense. “We believe however that this amnesty DOES provide an avenue to once again normalize your ownership of firearm/s which licensee/s have expired. Firearm instructor Matt Courtney has his sight on two new gun laws in 2019 he says take aim at Illinois gun owners and new laws he says will reinvent the wheel. Home :: Firearm Legislation :: Firearms Legislation General News, Firearms Amnesty 1st August 2020 to 31st January 2021 : Update 29th January 2021. Accordingly, even if the court does not confirm the declaration of unconstitutionality of sections 24 and 28 by the Gauteng High Court, it may nevertheless provide interpretation and guidelines for its application. The Constitution further states that if you are a gun owner that has failed to renew your gun licence then you are in possession of an illegal firearm. In the Constitutional Court, the Minister submits that the High Court’s declaration that the challenged provisions are constitutionally invalid in their entirety is overbroad and that whatever defect these provisions have can be cured more effectively by a remedy other than striking down both sections. The Minister of Safety and Security seeks leave to appeal the order. 2) Their reply to Mr Hood from WC Provincial Commissioner’s office wherein they attempt to argue their stance as correct. Subscribe. In other cases, the DFO offices are closed altogether. South Dakota honors CCW permits from every state. The terms and conditions are essentially the same as the amnesty that concluded recently. In 2000 the Firearm Control Act 60 was passed to establish a comprehensive and effective system of firearms control. 1st Floor, Block B, North Park, Black River Park, 2 Fir Street, Observatory, Cape Town, 7925, South Africa Each licence has a limited lifespan of two to ten years. If the firearm can indeed be linked to a crime, the owner can be prosecuted for the crime, but not for illegal possession of a firearm. We are optimistic that the Judge will rule in SA Hunters favour, but there are a number of technical issues, as well as a plethora of issues that the Judge would have to deal with before she could come to a decision. PSL’s all time top goal scorers list – There’s many surprises! CHASA has issued previous advice to members that need to use this amnesty to try rectify expired firearm licences. 20th February 2018 – SAGA statement on firearm amnesty 2018. Special forms are available at police stations for this very purpose. Advice to those who only have expired “white” licences is to do nothing pending the conclusion of the SA Hunters Court case, and/or the amnesty. and essentially lead to increased gun violence in South Africa. National Trial Regulations and Registration Form, FITASC African Sporting : Winners in Africa, press release by CHASA RE: Gun Owners South Africa (GOSA) : Urgent Application heard on 27th July 2018, Firearms Control Act Amendment Bill 2017 - Leaked Draft, Visitors to South Africa - Procedure for Permits, FITASC (Federation Internationale de Tir Aux Arms Sportives de Chasse), National Association for Responsible Firearm Ownership, NSCA (National Sporting Clays Association), Problems with the amnesty? The FCA imposes a general ban on the possession of firearms except in limited circumstances, and they may be possessed only with a license, permit, or authorization issued under the provisions of the FCA.Certain firearms are categorized as prohibited firearms and cannot ordinarily be possessed or licensed under the FCA. Our litigation seeks to enforce the rule of law to the benefit of all South African society. (Chris Young/Canadian Press) comments. Great emphasis was placed on the fact that the failure to timeously apply for the renewal of licenses criminalise such gun owners and deprive them of their ownership of their firearms. If a person wishes to renew a license, section 24(1) of the Act requires an application to the Registrar at least 90 days before the expiry date. The amnesty is to run from 1 August 2020 until 31 Jan 2021. Ironically, the legal representatives for the police in the Constitutional Court conceded that the law does allow late submissions! 2) You can keep your firearm, not use it or carry it and wait for the proclamation of the amnesty to surrender your firearm in terms of the amnesty and to apply for a licence in terms of the amnesty. Here's how they will work. Unfortunately the SAPS is not allowing you to transfer, sell or even hand in firearms with expired licences to a registered dealer, even though the Firearms Control Act is silent this. The Court has, pending determination of a full application by GOSA (Gun Owners of South Africa) to resolve the situation, ordered that SAPS “…are prohibited from implementing any plans of action or from accepting any firearms The SAPS has implemented a policy of not allowing the transfer or sale of firearms with expired licences to a registered dealer, even though the FCA is silent on this issue. Inside the all-white 'Apartheid town' of Orania, South Africa “We want to build a better place for our children,” said one resident. Also, the Acting National Commissioner: SAPS: Lt-Gen JK Phahlane has issued a document to various stakeholders (see attached) that recognizes the applications brought to the court and acknowledges the validity of firearm licenses issued in terms of the Arms and Ammunition Act, 1969. The South African Police Services have always maintained that an amnesty is appropriate for persons with expired firearm licences. Alternatively, to extend the period of validity to allow the owner to reapply for the licence. It symobilizes a website link url. On behalf of the minister it was argued that the Gauteng North High Court went beyond what was proven by the applicant (SA Hunters) and that, accordingly, the ruling could not be confirmed. The South African Hunters and Game Conservation Association (SA Hunters) seeks to confirm the order issued by the High Court, Pretoria (High Court) on 4 July2017 which declared sections 24 and 28 of the Act unconstitutional. Sections 24 and 28 of the Firearms Control Act are declared unconstitutional, Parliament is given 18 months within which to effect the amendment of the Act in order to ensure constitutional compliance, All firearm licenses that already lapsed or are due to be renewed shall be deemed to remain valid until the Constitutional Court has made its determination on the constitutionality of these sections, The Respondent (SAPS) is ordered to pay the costs of the Applicant. Regulation 92 determines the nature of the compensation. The SA Hunters and Game Conservation Association (SA Hunters) will continue discussions with the SAPS and other authorities to find practical and reasonable solutions for the administrative problems that legal firearm owners experience with the firearm licensing process. for this. Information and news regarding the United States federal and state gun laws. thesouthafrican.com is a division of Blue Sky Publications Ltd. Reproduction without permission prohibited. The ruling means that all firearms of which the licences had expired and for which renewal applications have not been submitted in time, are deemed to be in illegal possession. At least three appearances and presentations were done to the Parliamentary Portfolio Committee for Police (PPCP) and even one attempt to “sneak” it through the National Council of Provinces, rather than as legislated, through the National Assembly. EXPIRED LICENCES : SUMMARY OF CURRENT SITUATION. 5 new laws that South Africa is looking to introduce in the coming months. Nagtegaal, the managing director of Law For … “The #SafeCitizen campaign is a movement focused on the right of every South African to be free of all forms of violence. Finally, I do not like the word “amnesty”, because it implies wrongdoing for which you as an expired licence holder must ask for forgiveness. The Judgment does not change the status of green or old Act licences which remain valid. However, the South African Police Service (SAPS) says that no indemnity will be granted for firearms used in the committing of any crime. We are convinced that the lawful and responsible possession of a firearm is in most instances the only option open to law-abiding citizens in the event of a life-threatening attack. It indicates the ability to send an email. Barrel Change and the SAAADA (South African Arms and Ammunition Dealers’ Association) court case against SAPS. The government is also introducing a gun buyback programme, which will offer cash incentives to those who are still in possession of the illegal weapons. It is illogical to encourage people to apply for amnesty for expired firearms, when the renewal of licence provisions may be set aside as unconstitutional. Ensure due process in situations where a person is declared unfit to possess a firearm. Wednesday, July 10, 2019 - 22:00 Follow the eNCA Election Bus Tuesday, April 16, 2019 - 14:49 Record number of SA expats apply to vote Thursday, March 14, 2019 - … The gun laws of New Zealand are contained in the Arms Act 1983 statute, which includes multiple amendments including those that were passed subsequent to the 1990 Aramoana massacre and the 2019 Christchurch mosque shootings.. Nearly 300,000 licensed firearm owners own and use New Zealand's estimated 1.5 million firearms. GOSA has submitted a “Notice of Motion” against the National Commission of Police and the Minister of Police with the following application: Further information on this will be forthcoming as soon as it is available. You can only be guilty of wrongdoing if you intend to commit an offence. READ MORE….. 16th February 2018 : Proposed Firearm Amnesty : Latest Developments – CHASA report. With respect to the High Court’s finding on section 25 of the Constitution, the Minister submits that forfeiture of a firearm upon failure to comply with the Act does not amount to unlawful deprivation of property. We will probably engage with the Minister and the authorities to discuss a pragmatic approach and to resolve the ongoing problems going forward,” he said. Download HERE. We are satisfied that the court understands that there are gaps in the law and that these gaps cause confusion and uncertainty among firearm owners. 2 : 1ST AUGUST 2020 TO 31ST JANUARY 2021, “The next amnesty, which has been anticipated for some time, was approved by Parliament on Thursday 30 July 2020. The full report, with accompanying video, should concern every law-abiding citizen whether firearm owner or not. This summer’s spate of mass shootings has increased the appetite in Washington for more restrictive gun safety laws, with Democrats now pushing for a new ban on assault weapons. SAPS will do ballistic tests on the firearm to check if it had been used in criminal activities. We need to be very careful of using an amnesty for expired licences for the following reasons. For the new Government Gazette, please click HERE. There are no laws restricting the age at which a person can carry firearms. The current situation in a nutshell is that the judge has reserved judgement regarding the constitutionality of Sec 24 and 28 of the Act, and also ordered that no firearms handed in may be destroyed, pending the outcome of the various matters. Issued by the SA Hunters and Game Conservation Association (SA Hunters), Editorial enquiries: Fred Camphor on 082 445 0498 or firstname.lastname@example.org, General media enquiries: Magda Naudé on 082 452 5878 or email@example.com, 16th May 2018 – Firearms Amnesty Imminent. However no similar provisions exist when a licence expires. The correspondence below is: This means the Police will have to pay the bulk of the legal cost when the case is finalised, North Gauteng High Court Judge reserves judgement regarding constitutionality of Section 24 (Renewal of Firearm Licence), North Gauteng High Court Judge reserves judgement regarding constitutionality of Section 28 (Termination of Firearm Licence), North Gauteng High Court Judge orders no firearms handed in may be destroyed, pending the outcome of the various matters, SAPS issues confirmation of validity of Arms and Ammunition act 1969 licences (“green” licences), Expired “white” licences with no previous “green” licence remain in “unknown territory”, Holders of expired licences are advised to wait pending the conclusion of the SA Hunters court case and/or the impending amnesty. I do not think a firearm on an expired licence is illegal. In addition, the current Act and the Constitutional Court’s judgement provides no option for the relicensing of such a firearm. SA Hunters’ case regarding the unconstitutionality of Sections 24 and 28 of the Firearms Control Act, or parts thereof, rested on the following three principles. National and Provincial Team Trials – how do they work? They may apply for compensation for handing in their firearms but will not necessarily be granted compensation as the Registrar may decide if compensation would be payable. For any other type of illegal possession of a firearm, the amnesty may be appropriate. The argument of GFSA was based on emotion and (again) irrelevant statistics and we are of the view that it will not contribute significantly to any finding or decision. 1) It potentially undermines the decision of the Constitutional Court, which decision may make applying for amnesty unnecessary. You must renew your firearm licence at least 90 days before the expiry date. Certain procedures are in place, under sections 102 and 103, to. Firearm owners with expired “white” licences, who never had a “green” licence remain in “unknown territory” at this stage. Keep your firearms in a compliant safe and do not use them until the situation becomes clearer – advice still valid 22/2/19, 2. SAPS had been informing persons in that area that to use a Sec 15 or 16 licenced firearm in a self defence scenario is illegal and could result in being criminally charged. is illegal firearms. Last Updated 09/03/2020. Africa speaks to Advocate Jackie Nagtegaal about South Africa's gun laws in the wake of the massacre. A summary of the judgement in the SA Hunters’ court case as handed down by the Gauteng North High Court Judge is as follows: However, the SAPS has taken the judgement on appeal. Alternatively, to provide a security plan to the satisfaction of the court to prevent the loss or theft of the firearms handed in to SAPS. National Commissioner of Police and Another v Gun Owners of South Africa (561/2019)  ZASCA 88;  4 All SA 1 (SCA); 2020 (6) SA 69 (SCA) (23 July 2020) THE SUPREME COURT OF APPEAL OF SOUTH A licence is not required to open or South Africa, SAGA: CONSTITUTIONAL COURT OF SOUTH AFRICA (Pre-hearing summary), Minister of Safety and Security v South African Hunters and Game Conservation Association. Although the judge expressed his opinion in the judgement that he doubted if the SAPS would prosecute an individual that hands in his/her firearm, the Court did not place any restriction on the Police or ordered them not to prosecute in this instance. It is therefore not a long term solution. There will be an amnesty period in place to allow people to hand in their banned weapons … All SAPS is doing, is creating more work for themselves, which they cannot cope with and which will result in more delays and frustration for firearm owners. intentionally allowed their firearm licence to lapse. The court application has to date not been finalised and accordingly the interim order remains valid with the result that persons who are in possession of firearms which were lawfully licensed in terms of the Arms and Ammunition Act, 1969, are in lawful possession thereof.”, Firearms Amnesty 2017 delayed – read more HERE http://saga.org.za/, Martin J Hood & Associates Facebook – check for updates here, 8th May 2017 – Update on Court Cases (Martin J Hood) – expired licences – here (Facebook), 8th May 2017 – Update on Court Cases (Martin J Hood) – expired licences (PDF), PO Box 812 This is in stark contrast to the laws of the United States, whose constitution The High Court also held that section 9 of the Constitution is violated insofar as licence-holders are treated differently in the four situations set out in section 28 of the Act. You can’t have a criminal record and you can’t have any addiction problems.”. Gideon Joubert, Deputy Chairperson of Gun Owners of South Africa And interestingly enough, civilians' firearms are recovered at a rate 15 times greater than that of state-owned guns. The North Gauteng High court gave judgment in favour of SAAADA interdicting the police from stopping barrel replacement. Prime Minister Jacinda Ardern expects the ban on "military-style" weapons to pass in parliament next week with wide support. Armed violence and gun laws, country by country In a sea of web sites offering unverified, polarised opinions on gun violence, GunPolicy.org provides evidence-based, country-by-country intelligence from a broad range of official and academic sources. The only possible alternative for this dilemma, is if a firearm licence amnesty is implemented. The world’s largest bird, the ostrich, is found here.31. Summary South Africa’s current firearms regulatory framework consists of the Firearms Control Act (FCA) and its subsidiary legislation, which has been in place since 2004. Gun licences are issued at the discretion of the police … Should an amnesty be announced, the law makes provision as follows: Without an amnesty, firearm owners whose licences expired, can be prosecuted for illegal possession of a firearm. The result is that they will be in unlawful possession of their firearms. Changes to New Zealand gun laws were introduced with immediate effect. The current situation now emphasises the correctness of our original stance and again we urge members to use the amnesty. There has been little new news in the firearm ownership situation lately, but it is appropriate that we bring you up to date with some issues and remind you of a few others, The status quo remains in that the interim order obtained by GOSA in Jul 2018 against SAPS prevents them confiscating firearms purely on the basis that the licence has expired. Global and local statistics prove that criminals prefer to select places and victims where they are unlikely to encounter an armed citizen. South Africa, Clay Target Shooting Association of South Africa, Launch of #SafeCitizen – 29th October 2020, not, at this stage, to go ahead with any confiscation process or accepting any firearm relating to expired licences, CHASA Update 12th May 2017 – includes statement by the SAPS – click. New Hampshire gun laws operate on an Unrestricted" and “Shall Issue” policy, the later being used for reciprocity. http://www.patreon.com/ForgottenWeaponsCool Forgotten Weapons merch! The Police view the green licence in this case as expired. I have not met a single firearm owner who deliberately i.e. There are strict requirements that you must be a permanent resident or a citizen, you must be at least twenty-one years of age, you must be mentally stable and fit and they do a background check. It is important to note that the Registrar has the authority to decide if compensation should be paid out. 4) The Minister may impose conditions for an amnesty. You can read more on Martin J Hood’s Facebook group here. See last paragraph for advice on how to surrender a firearm should you wish to do so (and you do not have to unless you feel you want to), Tel: +27 (0)44 620 4178 : Telephone hours - 08h00 to 17h00 Monday to Friday. “The question remains if the SAPS has the capacity and ability to store the large number of firearms that are expected to be handed in”. However, this has yet to be tested in court. Rather diarise the expiry dates and apply for renewal in time. The above newsletter is in both English and Afrikaans and is an excellent explanation of the current status of the firearms amnesty. Interesting facts about South Africa Ostrich running in desert. In South Africa, the right to possess firearms is not guaranteed by law. We now have some further clarity and can advise as follows: …. Earlier this year, SAPS indicated that it wished to declare an amnesty period from 1 June to 30 November 2018. It also guards against arbitrary deprivation of property. Gun laws are under the spotlight as some ask for stricter laws: 1) an email from Attorney Martin Hood attempting to make them see reason on the matter. By Holly Christodoulou and Ellie Cambridge 5 Aug 2019, 13:15 “Information coming in from our own sources indicates that in some cases the DFO offices are functioning normally, or near to normal. These cases were heard on 25th & 26th April. The amnesty was the brainchild, I am advised, of Major General Bothma (now retired) because of his totally inflexible attitude to allow late submissions for renewals. However, should you wish to surrender the firearm to the police (and you do not have to do so unless you feel you want to), please advise the police that the firearm has been earmarked for reapplication and that you do not want to hand the firearm in for destruction.