No person may possess a firearm unless he or she holds a license, permit or authorization issued in terms of this Act for that firearm.

Prohibited Firearms

 1) The following firearms and devices are prohibited firearms and may not be possessed or licensed in Terms of this Act, except as provided for in sections 17, 18(5), 19 and 20 (1)(b):

a)          Any fully automatic firearm;

b)          Any gun, cannon, recoilless gun, mortar, light mortar or launcher manufactured to fire a rocket, grenade, self-propelled grenade, bomb or explosive device;

c)          Any frame, body or barrel of such a fully automatic firearm, gun, cannon, recoilless gun, mortar, light mortar or launcher.

d)         Any projectile or rocket manufactured to be discharged from a cannon, recoilless gun or mortar, or rocket launcher;

e)          Any imitation of any device contemplated in paragraph (a), (b), (c) or (d);

f)           Any firearm -

The mechanism of which has been altered so as to enable the discharging of more than one shot with a single depression of the trigger.

The calibre of which has been altered without written permission of the Registrar;

The barrel length of which has been altered without the written permission of the Registrar;

The serial number or any other identifying mark of which has been changed or removed without the written permission of the Registrar;

 

CONTROL OF AMMUNITION AND FIREARM PARTS

 

 Prohibition of possession of ammunition

 90.  No person may possess any ammunition unless he or she -

a)      Holds a license in respect of a firearm capable of discharging that ammunition;

b)      Holds a permit to possess ammunition;

c)      Holds a dealer’s license, import, export or in-transit permit transporters permit issued in terms of this Act; or

d)     Is otherwise authorized to do so.

 

Chapter 21 Disposal of firearms in case of death Section 147 (1)

 

In the case of death of the holder of a firearm licence, the firearm in question must be disposed of as prescribed.

 

Section 147 (2)

 

The executor of the estate of a deceased person who comes into possession of a firearm licensed to the deceased must store the firearm as prescribed. (Regulation 86)

 

Inherited firearms Section 148 (1)

 

A person who inherits a firearm must-

(a) if he or she wishes to keep the firearm, apply for an appropriate licence, Permit or authorisation in term of this Act; or

(b) if he or she does not wish to acquire the firearm, or fails to obtain the appropriate licence, Permit or authorisation, have the firearms deactivated or dispose of in terms of this Act.

 

Section 148 (2)

 

The registrar may issue a temporary authorisation contemplated in Section 21, to allow a person who inherits a firearm a reasonable time

to dispose of it.

 

Regulations

 

Safes and safe custody

86. (1) When a firearm is not under the direct personal and physical control of a holder of a license, authorization or permit to possess the firearm, the firearm and its ammunition must be stored in a safe or strong room that conforms to the prescripts of SABS Standard 953-1 and 953-2, unless otherwise specifically provided in these regulations.

 

(4) (a) A person who holds a license to possess a firearm may store a firearm in respect of which he or she does not hold a license, if-

 

(i)       he or she is in possession of written permission given by the person who holds a license, permit or authorization to possess that firearm and which permission is endorsed by a relevant Designated Firearms Officer; and

 

(ii)  the firearm is stored in a prescribed safe ((Regulation 86 (1)) at the place mentioned in the permission contemplated in subparagraph (i).

 

(b)  Only the person who holds a license, permit or authorization to possess the firearm may transport that firearm to and from the place where that firearm is to be stored in terms of paragraph (a).

 

(c)  The permissions contemplated in paragraph (a), must specify the period for which the person concerned may store the firearm, the reason for the storage and it must contain sufficient particulars to identify the license permit or authorization and also the firearm in question, as well as, the name, identity number and physical address of the holder of the license and the person to whom the authority is granted.

 

(d)  A permit contemplated in subparagraph (a) may be cancelled at any time by a relevant Designated Firearms Officer on good cause.

 

(e)  A firearm stored in terms of this regulation may not be used by the person who provides the storage or any other person while it is stored in terms of this regulation.

 

(f)  Only the holder of the license applying to the firearm may remove the firearm from the safe or strong room where it is stored.

Disposal of firearms in insolvent or deceased estate

 

103.       (1) Prior to the issuing of a Letter of Executorship by the Master, the nominated executor in the will and in the absence of such nominated executor, the heir, next of kin or close relative of a deceased who was the holder of a license, permit or authorization in terms of the Act, may under authority of a permit issued in terms of section 21 of the Act, possess the firearms of the deceased until sub regulation (2) takes effect.

 

(2) Subject to the provisions of any other law, any person who under any execution warrant issued by a court of law, or an appointment, letter of executorship, letter of administration or letter of curatorship from the High Court or the Master of the High Court, as the case may be, acts as messenger of the court, bailiff, executor, administrator, trustee, curator or liquidator of the estate of a person who possess a firearm or ammunition, must take steps to ensure the safe custody of the firearm and ammunition and store the firearms and ammunition in a storage facility as prescribed in regulation 86:

 

Provided that if an heir of a deceased estate is a holder of a licence, authorisation or permit issued under the Act, that heir may provide for the safe custody of the firearm and ammunition on condition that –

 

(a) the executor does not have the required storage facilities;

 

(b) the executor issues a letter of consent to the heir for the safe custody of the firearm, stating the licence particulars of the deceased and make, type, calibre of the firearm, as well as, every manufacturer’s serial number or additional identification mark that is reflected on the firearm; and

 

(c) a copy of the letter of consent must be filed with the Designated Firearms Officer for the area where the heir resides.

 

(3) On seizure by a messenger of the court or a bailiff or on appointment as executor, administrator, trustee, curator or liquidator of the estate the messenger, bailiff or appointee must -

 

(a) compile an inventory -

 

(i) of all the firearms and ammunition of the holder of a licence, authorisation or permit clearly indicating the make, type, calibre of the firearm, as well as, every manufacturer’s serial number or additional identification mark that is reflected on the firearm and the quantity, calibre and make of the ammunition; and

 

(ii) of firearm parts;

 

(b) on seizure or receipt of the letter of appointment, as the case may be,

deliver a letter, document or facsimile within 14 days to the Registrar, furnishing the following particulars -

 

(i) the name and address of the holder of the licence, authorisation or permit;

 

(ii) the address where the firearms or ammunition are stored;

 

(iii) a copy of the inventory referred to in subparagraph (b);

 

(iv) a copy of the execution warrant or letter of appointment and if the holder of the licence, authorisation or permit is deceased, a copy of the death notice;

 

(v) if the firearms and ammunition devolve by testamentary or intestate succession, the names, addresses and identity numbers of all beneficiaries; and

 

(vi) documentary proof of appointment as executor, administrator, trustee, curator or liquidator, as the case may be, of the estate concerned.

 

(5) The particulars in the notification referred to in sub regulation (4) (b) must be recorded by the Registrar in the Central Firearms Register.

 

(6) The Registrar must within 30 days after receipt of the notification referred to in sub regulation (4) (b) furnish an acknowledgment of receipt to the person from whom it was received.

 

(7) The messenger of the court, bailiff, executor, administrator, trustee, curator or liquidator of the estate, as the case may be, must at least every three months inform the Registrar in writing of the progress that has been made and steps which have been taken in respect of the transfer of such firearms and ammunition together with the details of the person to whom the firearm or ammunition was transferred to.

 

(8) The Registrar may at any time by written notice direct the messenger of the court, bailiff, executor, administrator, trustee, curator or liquidator of the estate to inform him or her within the period mentioned in the notice of the progress that has been made and steps that have been taken in respect of any such transfer.

 

(9) The executor, administrator, trustee, curator or liquidator of the estate may only apply to the Master of the High Court to finalise the estate after notification has been received from the Registrar that all firearms involved have been transferred in terms of the Act.

 

(10) A messenger of the court or bailiff may not deliver a firearm sold in execution or which must be transferred in terms of the relevant warrant of execution to any person unless that person is in possession of a licence, authorisation or permit to possess that firearm.

 

Defaced, Lost or Stolen Licenses, Permits and Authorisations  29.

 

1)         If a license, permit or authorization is issued in terms of this Chapter and lost or stolen, the holder of the license, permit or authorization must inform the Registrar of such loss or theft within 24 hours of the discovery of the loss or theft;

 

2)         If a license, permit or authorization issued in terms of this Chapter is defaced, lost or stolen, the holder of the license, permit, authorization must within 7 days of the discovery of the defacement, loss or theft apply to the Registrar in the prescribed form for a copy of the license, permit or authorization.

 

Deactivation of Firearms

 

Only when a firearm has been ballistically tested by the SAPS Forensic Department, may it be deactivated by an accredited gunsmith/armoured.

 

Failure to comply with this will result in criminal prosecution or 65 years jail sentence.

 

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