The Minister of Police has declared a further amnesty in terms of Section 139 of the Firearms Control Act, 2000 (Act No. 60 of 2000) (“the Act”) for the period 1 August 2020 until 31 January 2021. The Amnesty Declaration was Gazetted on 31 July 2020 in Government Gazette number 43576.
This Amnesty will afford considerable relief to persons in possession of unlicensed firearms, especially in the light of the Judgment granted by the Supreme Court of Appeals of South Africa on 23 July 2020 in the matter of National Commission of Police and Another v Gun Owners of South Africa (561/2019) [2020] ZASCA 88 (23 July 2020). In this matter the Supreme Court of Appeals considered an interdict granted in the Gauteng Division of the High Court, Pretoria, which, inter alia, prohibited the South African Police Services from demanding or accepting the surrender of firearms with expired licences.
The Supreme Court of Appeals set aside the interdict and reaffirmed that:
“…gun ownership is not a fundamental right under the Bill of Rights, but a privilege regulated by law, under the Act. The possession of a firearm is prohibited under the Act, unless the holder has a licence, permit or authorisation issued in terms thereof. The Act criminalises the unlawful possession of a firearm, which offence is subject to a minimum penalties”. It is a criminal offence to possess a firearm without a licence, and on conviction, imprisonment up to a maximum period of 15 years may be imposed;
“ …a firearm licence comes to an end on the last day of its validity by the operation of law. The licence then ceases to exist and there is nothing to extend”.
Licences issued in terms of the Act are only valid for a limited period. By way of example, a firearm licence issued for purposes of self-defence is only valid for a period of 5 years.
The current amnesty provides that:
“(a) A written application for amnesty by the applicant must, with the exception of the police stations set out in the Annexure, be handed to the duly appointed Designated Amnesty Officer at any police station in the Republic of South Africa. The application must state the full name, identity or passport number and residential address of the applicant, as well as the type, calibre, make, model and all marked serial numbers or other identification marks on the firearm or the particulars of the ammunition (if any) concerned;
(b) The firearm or ammunition concerned must be surrendered by the applicant to the Designated Amnesty Officer at the relevant police station and the Designated Amnesty Officer must issue a receipt in respect of such firearm or ammunition to the applicant; and
(c) An applicant for amnesty who wishes to apply for a licence to possess the firearm surrendered by him or her as contemplated in section 139(4) of the Firearms Control Act, 2000, must when surrendering the firearm, in writing, notify the relevant Designated Amnesty Officer of his or her intention to apply for a licence to possess the firearm. The application for a licence must be lodged within 14 days from the date on which the firearm was surrendered with the relevant Designated Firearms Officer (the relevant Designated Firearms Officer has the meaning assigned to it in the Firearms Control Regulations, 2004)”.
Every firearm surrendered will be subjected to a ballistics test and if an application for a licence to possess the firearm as contemplated in paragraph (c) of the amnesty is not lodged, such firearm will be destroyed.
It is strongly suggested that should you be in possession of an unlicensed firearm, you avail yourself of the procedures set out in the Amnesty detailed above. Should you fail to do so and should you be found in possession of an unlicensed firearm, you could be prosecuted and potentially face jail time as prescribed in the Act.
