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More on License Renewals
Dear Network Member,
We wish to explain the following extract in our email dated 28 July2016 about surrendering firearms to the police in the event that you had not applied for the renewal of the relevant license prior to the expiry date: “If you are surrendering a firearm, there is nothing to prevent you from taking off telescopes, magazines and even the stock or add-ons such a Pachmayr grips, extended safeties, and the like. There is also no prohibition to removing the slide of a semi-auto pistol or the bolt of a rifle you must just not remove barrels or deactivate the firearm.” Please note that the definition of a firearm includes the “(e) barrel, frame or receiver of a device referred to in paragraphs (a), (b), (c) or (d)” and that section 94 (1) of the FCA provides that “For purposes of this section, 'firearm part' means a slide, bolt or breech-block of a firearm” and that, according to section 94 (2) “No person may possess any firearm part unless he or she - (a) holds a licence in respect of a firearm capable of bearing that firearm part; (b) holds a dealer's licence, manufacturer's licence, gunsmith's licence, import, export or in-transit permit or transporter's permit issued in terms of this Act; or (c) is otherwise authorised to do so.” Accordingly, all accessories could be removed prior to the surrender of the firearm, but members are advised not to remove any of the parts mentioned in the definitions above.
It has also come to our notice that when surrendering a firearm to the police, despite your request that the firearm must not be destroyed and your notification that you wish to apply for a new license, the police, probably will destroy it. Whether this happens everywhere we are not certain, we therefore maintain our position that you request a receipt (or otherwise take note of the person to whom you had surrendered the firearm) and inform the police that you intend re-applying for a license.
It has further come to our attention that in certain provinces DFOs have in fact referred late applicants for the renewal of licenses to dealers to surrender the relevant firearms to such dealers. The DFOs had, so it was reported, signed form SAPS 534, a transfer of ownership form, which would mean that the ownership of the particular firearm is transferred to the dealer. In the meantime, though, the same DFOs have now informed such dealers that they had in fact accepted unlicensed firearms. We wish to advise accordingly that, despite SAGA’s efforts to request a former deputy National Commissioner of Police to authorize dealers to accept such unlicensed firearms because he had not done so, that members should not rely on anyone’s advice to surrender any unlicensed firearm to dealers. If a DFO or other police official issues a written authorization one could possibly still rely on it but it is doubtful anyone would do so without an instruction from the National Commissioner.
Issued: Tuesday 5 July 2016
SAGA would like to remind all members that you need to check and keep note of the expiry dates of your firearm licences. Applications for renewals must be done more than 90 days (three months) BEFORE the expiry date.
SAGA is aware of the refusal to accept late firearm renewal applications, however the failure by the police to renew is not subject to the appeal procedures,
Section 24 of the Firearms Control Act (Act No. 60 of 2000) stipulates that “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”,
Section 28 of the Firearms Control Act stipulates that “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”,
So you have the following options:
1. Surrender your firearm to the Designated Firearms Officer (DFO) at your local police station and make sure you receive a receipt accordingly. Please take note the SAPS will not pay any compensation.
2. Surrender the firearm to the Designated Firearms Officer (DFO) at your local police station and reapply for the licence as a new firearm application (SAPS 271). A FIREARM SURRENDER FORM with regard to this has been placed on the home page of our website at www.saga.org.za. We suggest you get the DFO to sign the form and that you take a photo of the firearm, to confirm the condition of the firearm. Should the DFO refuse to issue a receipt or sign the FIREARM SURRENDER FORM (which is what we expect), take down the his/her name and number and record it on the form. Also take note of any comments, threats and the like the official might have made.
Please note that firearm dealers are not entitled to take possession of unlicensed firearms.
If you are surrendering a firearm, there is nothing to prevent you from taking off telescopes, magazines and even the stock or add-ons such a Pachmayr grips, extended safeties, and the like. There is also no prohibition to removing the slide of a semi-auto pistol or the bolt of a rifle you must just not remove barrels or deactivate the firearm.
As more information becomes available on the matter SAGA keep you advised.
WHAT IS SAGA ABOUT
The South African Gunowners' Association (SAGA) is a non-profit, non-discriminatory organization, whose sole purpose is to represent the interests of all people who embrace the principles of safe and responsible ownership and usage of firearms for sport, recreation, hunting and self-defence.
SAGA is the watchdog that endeavours to safeguard the rights of the South African public by engaging government in discussion regarding firearm related issues and to provide technical assistance and expertise where needed. This is achieved by collecting and disseminating information regarding all aspects of the legitimate use of firearms. This is to enable responsible, non-discriminatory and enforceable legislation that would benefit all South Africans, irrespective of race, colour or creed.
World Forum on Shooting Activities (WFSA)
The World Forum on Sport Shooting Activities (WFSA) is an ECOSOC NGO at United Nations representing over 100 million hunters and sport shooters. We also represent most of the major civilian firearms and ammunition manufacturers. SAGA is a paid up voting member and is represented on the EXCO.
If you want to get in touch with SAGA, just click on Contact.
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