Durban Guns and Ammo

APPLY FOR NEW LICENCE FOR LAPSED LICENCE - FIDELITY APPEAL

Dear Member,

Our Legal Advisor, Mr Juan Kotzé, has compiled the following important information concerning the possibility to apply for a new firearm licence for a firearm of which the licence has lapsed, in view of the Supreme Court of Appeal (SCA) judgment in the by now well-known Fidelity Security Services case delivered on 22 April 2021.

His informative report follows:

MISLEADING NEWSPAPER- AND SOCIAL MEDIA REPORTS.

Since I previously reported on the effect of the above judgment, there have been a number of misleading newspaper- and social media reports stating that the Fidelity judgment by the Supreme Court of Appeal, which was delivered on 22 April 2021, provides that firearm owners with expired licences can NOW apply for new firearm licences in respect of fi****ms of which the licences have expired without it being renewed. The reports also often added that it is not necessary to await a new amnesty.

SAPS(CFR) COMPUTER SYSTEM HAS NOT BEEN CHANGED YET.

The position is however not so simple, because the South African Police Service have not yet changed their computer system to allow the capturing of an application for a new licence in respect of a firearm of which the licence has expired. The Minister of Police may also still decide to appeal the judgment.

PRESENT POLICY.

It is pointed out that the submission of an application is only the first step in the process to obtain a licence. The application will be considered by the adjudication committee in terms of the criteria set in terms of their approval policy. At present the policy is that a firearm, of which a licence has expired, cannot be disposed of to the previous licensee or to a dealer or to a third party. The relevant SAPS- directive states that such fi****ms must be surrendered for destruction.

NO AMNESTY AT PRESENT.

In terms of SAPS present policy, only an amnesty can provide the legal framework for an application for a new licence for a firearm which is in illegal possession. It is also a condition of an amnesty that the firearm must be surrendered to the Police pending the outcome of the new licence application. The last amnesty expired on 31 January 2021 and the process is presently not available.

REPRESENTATIONS.

Representation has been made to the authorities that the present policy be changed in order to provide that fi****ms with expired licences can be legally transferred to dealers, third parties and the previous licensee.

You can be sure that an application for a new licence for a firearm with a lapsed licence will, until the policy has been changed, be unsuccessful (such application will probably not be accepted by your DFO).

Proposals to legitimise the possession of such fi****ms pending the outcome of the licence application, has also been submitted to authorities.

RECOMMENDATION.

It is recommended that you await the outcome of the request to change the policy (or a possible new amnesty) before you submit new licence applications for fi****ms with expired licences.

Please note that if you are presently in possession of a firearm with an expired licence, you may be in illegal possession thereof and you may commit an offence. The Fidelity-judgment didn’t change this situation.

Signed Juan Kotzé

We believe this is important information for our members who have fi****ms in their possession of which the white licence has expired.

It is clear that the important "next step" is to wait for SAPS to indicate how they will react on the SCA judgment of 22 April 2021. And if they do, how they will manage the implied changes to their current administrative procedures re firearm licensing.

We shall keep members abreast of any movement on this regard.

Kind regards
Natshoot Office

https://southafricatoday.net/south-africa-news/expired-firearm-licenses-supreme-court-ruling-firearm-owners-can-reapply/

*Expired firearm licenses: Supreme Court ruling – Firearm owners can reapply*

23-04-2021

AfriForum is satisfied with a ruling by the Supreme Court of Appeals on 22 April 2021, which will allow firearm owners with expired firearm licenses to reapply for these licences

The South African Police Service (SAPS) initially refused to consider new applications for people who found themselves in this predicament. The SAPS refusal to accept these applications was based on a letter from the SAPS Commissioner dated 3 February 2016. The letter read that these applications should not be accepted by the SAPS and that people should be informed to hand in their fi****ms at their nearest police station.

“The ruling now created an opportunity for people whose firearm licences have expired to re-apply for these licences, without having to wait for another amnesty period,” says Marnus Kamfer, AfriForum’s Legal and Risk Manager for Community Safety.

AfriForum often and successfully applied sufficient pressure on the Minister of Police to consider and announce further amnesty periods to allow firearm owners whose licences had expired to legally own their fi****ms once again.

“This ruling creates certainty for a great number of South Africans who accidently failed to renew their licenses timeously and who did not make use of the amnesty periods for whatever reason. They therefor had no other outcome to own their fi****ms legally,” Kamfer concludes.

Read the original article in Afrikaans on AfriForum

Expired firearm licenses: Supreme Court ruling - Firearm owners can reapply | South Africa Today AfriForum is satisfied with a ruling by the Supreme Court of Appeals on 22 April 2021, which will allow firearm owners with expired firearm licenses to reapply for these licences. The South African Police Service (SAPS) initially refused to consider new applications for people who found themselves i...

PROCEDURES FOR PARTICIPATION IN NEW FI****MS AMNESTY FROM 1 AUGUST 2020 TO 31 JANUARY 2021

Dear Member,

1. Parliament has approved a new fi****ms amnesty to run from 1 August 2020 to 31 January 2021.

2. The new amnesty has reference to fi****ms people no longer want, or for which there is no licence, or for which there is a lapsed white licence.

3. Members should not doubt that the new amnesty, like the previous one, is focussed on taking in as many fi****ms with lapsed white licences as will be possible. That means legal firearm owners are once again in the "firing-line" - criminals do not hand in illegal fi****ms under any amnesty, unless they cannot be traced.

4. Members with lapsed white licences can again participate in the new amnesty and apply for a new licence for such a firearm as well as for renewal of a lapsed competency certificate for that type of firearm. The new amnesty protects a person from prosecution for being in possession of a firearm with a lapsed white licence (but only for the period the amnesty is in place - thus up to 31 January 2021).

5. The terms (rules) of the new amnesty running from 1 August are the same as those of the previous amnesty which ran from 1 December 2019 to 31 May 2020 - Download Government Gazette with terms for New Amnesty HERE (take note of police stations which may not accept fi****ms under the amnesty please - see page 3)

6. TAKE NOTE: People with lapsed white licences are no longer protected under the interim court order obtained by Gun Owners of South Africa (GOSA) on 27 July 2018 in the Gauteng High Court - (see Newsletter Vol. 14(27)).

7. The SAPS Appeal against the interim court order of 27 July 2018, which interim court order protected fi****ms owners with lapsed white licences from confiscation of such fi****ms and possible arrest, was on 23 July 2020 upheld by the Supreme Court of Appeals - see Newsletters Vol. 16(39) in Afrikaans and Vol. 16(40) in English.

8. People with lapsed white licences, are thus now once again obliged by law to hand in fi****ms for destruction if the white licence for such a firearm has lapsed (see Constitutional Court Order of 7 June 2018 on constitutionality of sections 24 & 28 of the FCA) (some relief for this harsh situation is in participation in the new amnesty which runs till 31 January 2021).

9. The legally difficult situation regarding lapsed white licences for which there was a green licence is still interpreted by SAPS as per the National Commissioner's directive of 3 February 2016. This means that SAPS will interpret white licences which have lapsed, despite there being a green licence for that firearm, as having expired, and that such fi****ms must be handed in with SAPS for destruction (or to be handled under the rules of the new amnesty).

10. Until the continuation of the legal validity of all green licences has been confirmed by a court (thus setting aside the administrative ruling of the National Commissioner of 3 February 2016), we cannot give more responsible advice on the practical administrative interpretation of SAPS re the validity of green licences, other than that contained in our Newsletter Vol. 12(17) of 10-03-2016 despite any other legal opinion on the matter having been shared with members.

11. Thus, following the Constitutional Court's 27-07-2018 order and the Supreme Court of Appeals' order of 23-07-2020, a person who is in possession of a firearm of which the white licence has expired, has only two options.

12. The first is to surrender such firearm with SAPS for destruction, or second, to participate in the new amnesty to again get such firearm licenced under their name

13. The procedures for Participation in the New Amnesty are as follows:

a. If you want to hand in a firearm with lapsed white licence for destruction (or a firearm you do not want any more):

i. Hand in the firearm at any police station. Make sure you get officially stamped SAPS documentation indicating the type of firearm handed in, the make of the firearm, the calibre of the firearm and the serial number of the firearm.

ii. Make sure the SAPS form you receive states that the firearm is surrendered for destruction.

iii. DO NOT leave the police station without these documents !

iv. Keep that document very safe as the firearm needs to be taken off your name when the amnesty has passed. Prepare yourself for a long wait for the process to be finalised as all fi****ms surrendered under the amnesty need to be ballistically tested after the amnesty has run its course.

b. If you want to apply for a new licence for a firearm with a lapsed white licence, you have until 31 January 2021 to do so under the current amnesty.

i. Get a gunsmith’s report, which indicates the value of the firearm so that you can prove value if the firearm should get lost after having been handed in with SAPS (state make, calibre and serial number – also take photographs of the firearm).

ii. Hand in the firearm at any police station under the amnesty and indicate that you will within 14 days submit an application for a new licence for the firearm with your DFO.

iii. Make sure the SAPS form you receive back states that the firearm is surrendered under the amnesty, NOT FOR DESTRUCTION FOR NEW LICENCE, and that you will apply for a new licence within 14 days after the date of handing in the firearm.

iv. Your competency for the type of firearm of which the licence has lapsed, has most probably also lapsed. Complete a renewal of competency form for the type of firearm for which you want to apply for a new licence under the amnesty (i.e. handgun, or rifle, or shotgun, or semi-auto rifle). Download these two forms and complete to apply for renewal of competency:

SAPS (517g) - Application for Renewal of Competency

Annexure A (Affidavit) to Accompany Application for Competency or for Renewal of Competency

v. Complete a SAPS 271 form as application for a new licence for the firearm of which the licence had lapsed. Download these forms and complete to apply for new licence:

SAPS (271) - Application for New Firearm Licence

Safe Annexure - Statement of Possession of Correct Safe

SAPS Check List of Documents for New Firearm Licence Applications

Also attach a copy of the Gazette containing the Rules of the Amnesty

vi. Prepare yourself for a long wait for the process to be finalised as all fi****ms surrendered under the amnesty need to be ballistically tested after the amnesty has run its course.

Members should not doubt that SAPS will from 1 February 2021 come to confiscate fi****ms with lapsed white licences, if such firearm was not handed in for destruction or an application for a new licence for such firearm was not submitted under the amnesty.

Being found guilty of being in possession of a firearm of which the white licence has expired (thus an illegal firearm) carries a mandatory minimum sentence of 15 years.

Nat Shoot

URGENT: END OF GREEN LICENCES IN SIGHT

Dear Member,

1. The State Attorney has informed SA Hunters that the Minister of Police wants to have the interim order in the 2009 SA Hunters court case, set aside.

2. The 2009 interim court order in the SA Hunters court case ordered that all green licences would remain valid until the main court case had been heard. The main court case has over the past 11 years not been heard. That is the reason why the State Attorney has by order of the Minister of Police written the letter to SA Hunters on this matter.

3. SA Hunters have not yet indicated how they will react to the Minister’s request; be that by merely indicating that they will not oppose it, or that SA Hunters will oppose the matter in court.

4. Be that as it may, please take serious note that the warning and advice we gave members on 21 August 2020 in Newsletter Vol. 16(47), has now become reality.

5. If you only have green licences for your fi****ms (also those in old blue or green ID books), or you have some of your fi****ms just licensed with green licences, you MUST (repeat MUST) read the latest Newsletter on this matter.

6. You can read the Newsletter here - https://natshoot.co.za/nhsa-info/newsletters/nhsa-newsletter/2020/vol-16-49

Please do not get caught up in a situation where you are forced to hand in fi****ms for destruction because you did not timeously act to get green licences converted to new white licences.

Kind Regards
Natshoot Office

Vol 16-49 | NHSA 1.    The State Attorney has informed SA Hunters that the Minister of Police wants to have the interim order in the 2009 SA Hunters court case, set aside.

MEDIA STATEMENT ISSUED BY THE SOUTH AFRICAN POLICE SERVICE

To: All Media

Illegal firearm owners get a second chance with the new Firearm Amnesty period

Pretoria - 1 August 2020: A new Firearm Amnesty for a period of six months, commencing today, 1 August 2020 until 31 January 2021, has been approved by Parliament during this past week.

The previous amnesty period which was also intended for a period of six months, between December 2019 and May 2020 was thwarted by the unexpected Covid-19 pandemic. Despite this, the South African Police Service received a resounding 46 714 fi****ms.

However, we believe that there are much more fi****ms out there that still need to be surrended and we are confident the response to the previous amnesty would have been even more resounding if it were not for the pandemic.

The restrictions of Levels 5 and 4 somewhat prevented people from turning in illegal as well as their unlicensed and unwanted fi****ms and ammunition.

This had prompted the Minister of Police, General Bheki Cele to approach Parliament to approve a new application of a six months amnesty period. The approval of the new application has since been published in the Government Gazette on 31 July 2020 which now allows all persons with illegal or unwanted fi****ms as well as ammunition to hand them in at their nearest police station.

We are urging people to take advantage of this period either to hand in those fi****ms and ammunition either for destruction or renewal of a competency certificate and a valid licence.

The latest National Crime Statistics once again show that fi****ms were the preferred weapon in the commission of most of the violent crime. Reducing the circulation of fi****ms may potentially reduce the scourge of violent crimes quite significantly.

The Firearm Amnesty envisages to see a reduced number of illegally possessed fi****ms in circulation in the country. It therefore provides firearm owners with the opportunity to hand in illegal and unwanted fi****ms which will result in the prevention of crime and promotion of safety to ensure people living in South Africa are and feel safe.

It must be noted that no indemnity will be granted for fi****ms used to commit any crime.

All fi****ms that have been handed in will undergo ballistic testing to ensure that they have not been used in the commission of any crimes, before they can be considered for destruction.

For Firearm Amnesty enquiries, please contact FLASH Call Center at ‪012 353 6111‬ or email on [email protected].

Media enquiries : Colonel Brenda Muridili - 071 686 9425

Dear Member,

We are aware that there are numerous police stations or just DFO offices closed due to Covid-19 (SAPS are like the health workers, on the frontline in contact with the general public and thus more exposed to contracting the virus).

The Minster of Police is on record that renewal applications will be accepted within the 90 day period before the licence lapses because of Covid-19.

He, however, also said that SAPS will not accept renewal applications once a licence has lapses.

Our advice to members on how to manage the situation where their police station or DFO is closed due to Covid-19 can be read in Newsletter Vol.16(37).

Click on this link - https://natshoot.co.za/nhsa-info/newsletters/nhsa-newsletter/2020/vol-16-37

Please be sure to renew all your firearm licences on time

Kind Regards
Natshoot Office

Vol 16-37 | NHSA 2.    The Minster of Police is on record that renewal applications will be accepted within the 90 day period before the licence lapses because of challenges police officials and stations face due to Covid-19.

UPDATE : DELAYED LICENSE CARDS

Dear member,

A large number of our members are waiting for licence cards to be printed and delivered to their respective DFOs.

The answer we get back when we ask SAPS about this issue is that the Government Printer was subject to the Covid-19 Lockdown Regulations, as was the Central Fi****ms Registry.

The CFR and many police stations are also currently closed because of staff being tested positive for the virus.

Both the CFR and the Government Printer are thus behind in evaluating licence applications and in printing licence cards. We do not know how far behind (rumours suggest as much as two months, but we cannot confirm that for fact).

It is unfortunately the best information we can provide members with in this regard, other than to say we share in members' frustrations.

Members are advised to keep on calling their DFOs to ask when their licence cards will be available for collecting.

We shall keep on putting pressure on SAPS to expedite licence card printing and deliveries.

Please stay safe and protect yourself at all times (both against criminals and the damn virus)

Natshoot Office

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ONLINE FIREARM APPLICATION OR RENEWAL STATUS UPDATE

For anyone wanting an update on their firearm license or renewal applications, here’s a link to the CFR’s Online Enquiry form.

Services | SAPS (South African Police Service) If you could not trace your application / renewal or would like more information regarding your firearm application / renewal please contact the police precinct where you applied. Click here to search for a station.

AMNESTY UPDATE

Dear Member,

The urgent court interdict in the Pretoria High Court to set the fi****ms amnesty aside, has this morning been settled with the Minister of Police and with the National Commissioner of Police (see our Newsletter in tis regard - https://natshoot.co.za/nhsa-info/newsletters/nhsa-newsletter/2019/vol-15-30 ).

The agreement was made an order of court.

The application was settled as the NHSA's urgent court application resulted in the Police changing their policy in respect of the requirement that an applicant for a new firearm license must be in possession of a valid competency certificate at the time when a new license application is submitted.

The new SAPS directive, which was issued due to the NHSA urgent application, provides that an application for the renewal of, or for a new competency certificate, can be submitted simultaneously with an application for a new firearm license under the amnesty. Thus, changing the negatives attached to the amnesty’s stipulation that an application for a new licence has to be submitted 14 days after the specific firearm has been surrendered to SAPS (which requires a valid competency to be attached).

This change in policy has created the possibility that a person with an expired licence and expired competency certificate can effectively take part in the amnesty in order to legitimize the possession of such a firearm (thus countering the 14 days stipulation of the amnesty).

A new licence application can thus now be submitted together with an application for a renewal of the competency within 14 days after the firearm has been handed in with SAPS.

NHSA was unfortunately not successful in getting SAPS to agree that such applicants could remain in possession of their fi****ms until the application had been finalised (the FCA states that fi****ms have to be handed in with SAPS under an amnesty).

In view of the fact that the amnesty can now be used to obtain a new licence for a firearm with an expired licence without a valid competency, caused the urgency of the court application to set the amnesty aside, has fallen away. NHSA has consequently been advised by legal council to settle the dispute and rather try to create a relationship of respect between SAPS and accredited associations.

The court order is thus, that NHSA withdraws its application and that each party pays its own cost. The effect is that the amnesty will continue but with more appropriate conditions for application for new licences for expired licences.

A comprehensive Newsletter containing all facts will by posted shortly. Members will be notified when the Newsletter is posted.

Dr Herman Els
Executive Chair

Vol 15-30 | NHSA 1. NHSA has decided to bring an urgent application in the High Court to have the current fi****ms amnesty declared invalid. Court papers will be filed this morning.