Since 2004, firearm-control is regulated by the Firearms Control Act of 2000 (FCA) and its subsidiary legislation, the Firearms Control Regulations (FCA Regulations). Previously firearms were regulated through the Arms and Ammunition Act 75 of 1969 (AAA).
The FCA generally bans the possession of firearms except in limited circumstances. Under the provisions of the FCA, firearms may only be possessed when issued with a licence, permit or authorization.
The National Commissioner of the South African Police Service (SAPS) is the designated regulatory authority and functions as the National Commissioner of Registrar of Firearms (the Registrar).
Firearm legislation in South Africa imposes stringent requirements for obtaining a firearm licence and for dealing in firearms. All applications for a firearm licence must be accompanied by a competency certificate which will prove, among other things, the applicant’s knowledge of the FCA.
The FCA adopts a broad definition of “firearm,” which includes
Certain firearms are categorised as prohibited firearms and cannot ordinarily be possessed or licensed under the FCA. These include any
The FCA requires accreditation before a licence for certain activities or businesses related to firearms can be issued. These include
Any natural person is eligible to apply for a licence for any shotgun that is not fully or semi-automatic or for a handgun that is not fully automatic. According to the FCA, the applicant will need to prove that he/she “needs a firearm for self-defence” and cannot “reasonably satisfy the need by means other than the possession of a firearm.”
A person is only permitted to hold one firearm licence for self-defence. A licence in this category is issued for a five-year term and is renewable if it remains compliant with the FCA.
Any natural person is eligible to apply for a licence to possess a restricted firearm, which is any semiautomatic rifle or shotgun that cannot be readily converted into a fully automatic firearm, or any firearm declared as such by the Minister.
According to the FCA, the applicant will need to demonstrate that a licence to possess a firearm for self-defence “will not provide sufficient protection” and submit “reasonable information to motivate the need for a restricted firearm for self-defence purposes.”
A person is only permitted to hold one restricted firearm licence for self-defence. A licence in this category is issued for a two-year term and is renewable if it remains compliant with the FCA.
Any natural person who is an occasional hunter or sports person is eligible to apply for a licence to possess a handgun (which is not fully automatic) or a rifle or shotgun (which is not semi- or fully automatic). The firearm under this licence may not be a restricted firearm or a barrel, frame or receiver of any of these firearms.
A person is permitted to hold a maximum of four licences for hunting and sport shooting firearms (provided he/she does not hold any other firearms licences). A licence in this category is issued for a ten-year term and is renewable if it remains compliant with the FCA.
To apply for a licence in this category, an applicant must be a member of an accredited hunting association or sport-shooting organisation. The application should be accompanied by a sworn statement or a solemn declaration from a chairperson of the association or organisation indicating that the applicant is a registered member.
Firearms which may be licensed under this section are
A licence in this category is issued for a ten-year term and is renewable if it remains compliant with the FCA.
A member of an accredited collectors association is eligible to apply for a licence for any firearm, including a prohibited firearm, provided that the firearm is approved for collection by an accredited collectors association. The firearm must also be at least fifty years old and have an attribute of collectability that is of historical, cultural, artistic, technological, heritage or scientific value.
The licence application must be accompanied by a sworn statement or solemn declaration from the chairperson of the association verifying the applicant’s membership. A licence in this category is issued for a ten-year term and is renewable if it remains compliant with the FCA.
A licence for any firearm, excluding prohibited firearms, may be applied for
A licence in this category is issued for a five- or ten-year term, depending on the specific type, and is renewable if it remains compliant with the FCA.
Any firearm licence may be terminated if
According to the FCA, a firearm licence will be terminated if the holder of the licence “becomes or is declared unfit to possess a firearm.” A person is declared unfit to possess a firearm when a final protection order has been issued against him/her under the Domestic Violence Act, or he/she is convicted of certain crimes.
Anyone who violates or fails to comply with the FCA and the FCA Regulations commits an offence. A person convicted of an offence under the provisions of the legislation may be subject to a fine or imprisonment.
A conviction is punishable by a fine and/or imprisonment. Under the Regulations, a conviction can carry a prison term of up to one year. A conviction under the FCA can carry a prison term ranging from two- to twenty-five years.
It is an offence to
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