ON COVID-19; AMNESTY; LICENSES & COMPETENCY CERTIFICATES RENEWALS

Dear member, herewith important message from our President regarding couple of pressing matters affecting us all:

The coronavirus is causing big consternation in our country, currently, it seems, even bigger than criminality. I am, however, saddened by the fact that similar drastic steps have never been considered to combat crime, especially violence and corruption. In 2018/19 there were more than 21 000 murder cases opened by the police. Currently 5 people have died as a result of Covid-19. Many more will probably die. In addition to the murders there were many more armed robberies, home and business, rapes and other violent crimes. For this reason alone one should not have tunnel-vision on Covid-19. One should be wide awake to the realities of every day.

Psychologically prepared people will, however, never allow fear to overtake her or his state of preparedness – that is a readiness to take preventive steps, and, if necessary, reactive measures to prevent or effectively thwart an unlawful and violent attack on your liberty, freedom and constitutional rights, such as the right to life and bodily integrity. S/he shall continue to be psychologically and physically be prepared under all circumstances.

interference with people’s freedom and right to mobility during the 21-day lock in period following the declaration of the state of disaster, is understandable and seems necessary, hence we shall abide and adhere. I wish you and your loved ones, even though you may be separated from them, well during these trying times. As law abiding citizens we stand united with the President and the larger majority of citizens of our country – it is our greater interest that we need to curtail and contain the coronavirus.

On 26 March 2020 SAGA requested the Minister of Police (MinPol) to extend the final date of the firearms amnesty with 6 months. We believe it is in the interest of all people to have more time to consider their approach towards the amnesty and to decide whether to surrender unlicensed firearms and unlawfully possessed ammunition. At the recent NAACCSA ExCo meeting on 16 March the members agreed to support SAGA should it decide to request such extension.

In accordance with the Firearms Control Act, No. 60 of 2000 (the FCA) licenses to possess firearms and certain permits need to be renewed after prescribed intervals. In this regard section 27 prescribes that licenses are valid for the following periods: section 13 – 5 years; section 14 – 2 years; section 15 – 10 years; section 16 – 10 years’ section 16A – 10 years; section 17 – 10 years; section 18 – 10 years; and section 19 – 10 years.

In the appeal case of the Minister of Safety and Security v. SA Hunters and Game Conservation Association, No. CCT 177/17 the Constitutional Court dismissed SA Hunters’ argument that the legislation was irrational, vague and inequal, and inter alia said the following: “[19] There is a short answer to this: the gun-holder must get rid of the firearm. But, goes the argument, he cannot do so lawfully because he immediately becomes guilty of a crime when the licence has lapsed. But this consequence, even if correct (which it is not), is not vague or uncertain, or irrational in terms of the end sought. The gun-owner knows that he must either apply in time for renewal or dispose of the firearm before expiry. If he does not, he will be guilty of an offence. He knows what is expected of him before expiry of the licence and is provided with legislative means to fulfil that expectation. He also knows what will happen to him if he does not do so. The rule of law requirements of clarity and certainty are clearly met.”

There is, accordingly, no doubt that licenses must be renewed should the holder wish to continue her or his possession.

Section 24 of the FCA reads as follows: “(1) The holder of a licence issued in terms of this Chapter who wishes to renew the licence must at least 90 days before the date of expiry of the licence apply to the Registrar for its renewal.

(2) The application must be-

(a) accompanied by such information as may be prescribed; and

delivered to the Designated Firearms Officer responsible for the area in which the applicant ordinarily resides or in which the applicant's business is, as the case may be.

(3) No application for the renewal of a licence may be granted unless the applicant shows that he or she has continued to comply with the requirements for the licence in terms of this Act.

(4) If an application for the renewal of a licence has been lodged within the period provided for in subsection (1), the licence remains valid until the application is decided.”

Further, section 28 of the FCA provides that “(1) A licence issued in terms of this Chapter terminates-

upon the expiry of the relevant period contemplated in section 27, unless renewed in terms of section 24”; subsection (2) states that the “Registrar may, by notice in writing, cancel a licence issued in terms of this Chapter if the holder of the licence-

(a) no longer qualifies to hold the licence; or

has contravened or failed to comply with any provision of this Act or any condition specified in the licence; and (6) Any period contemplated in this section may be extended by the Registrar on good cause shown.”

Section 10A of the FCA provides that “(1) Any holder of a competency certificate contemplated in subsection (2) and section 9 (1) and who wishes to renew the competency certificate must apply in the prescribed form to the Registrar for its renewal together with an application for the renewal of the licence to which the competency certificate relates.

(2) Any holder of a competency certificate relating to a muzzle loading firearm who wishes to renew the competency certificate must apply at least 90 days before the date of expiry of the competency certificate in the prescribed form to the Registrar for its renewal.” and “(6) If an application for the renewal of a competency certificate has been lodged within the period provided for in subsection (2), the competency certificate remains valid until the application is decided”. (underlining for emphasis by the writer hereon)

Because many DFO offices appear to be dysfunctional during the Covid-19 pandemic lockdown, SAGA approached the MinPol on 31 March with a request to suspend the relicensing of firearm licenses and competency certificates; or to instruct the DFOs to be on duty and do their job. SAGA emphasised that the latter suggestion would be counter-productive to contain Covid-19. Although the MinPol’s office acknowledged receipt of the letter, SAGA has not received an answer yet.

We shall keep collectors informed about the two SAGA letters. The NAACCSA ExCo appreciates SAGA’s efforts to list the burden of firearm owners in these testing times.

We nevertheless advise all firearm collectors to verify the expiry dates of their licenses and competency certificates and to ensure that they lodge their applications for renewal together with the Certificates of Collectability and other documentation, not less than 90 days before the expiry of their respective licenses. Should the DFO not be on duty an attempt must be made to lodge it with the Station Commissioner or the charge office. In the event of their declining to accept, ensure that the particulars of the officers/officials are noted. We are of the view that this state of disaster is a typical and valid example of why an application was submitted either during the 90 day period or even after the expiry of the license, obviously, dependant on the facts.

Go well, stay at home and be safe.

John Welch