The legal implications of firearms and ammunition possession
The issue of illegal firearms and ammunition possession is a significant concern in South Africa. With high rates of violent crime, the discussion surrounding public safety has intensified. What are the laws governing firearms, and what are the consequences of illegal possession?
The legal framework
The Firearms Control Act 60 of 2000 is the primary legislation governing the possession, use and control of firearms in South Africa. This Act regulates the ownership of firearms and establishes a comprehensive system of firearms control (which includes registration, purchase, licensing, etc.).
It is a criminal offence:
- To have in your possession a firearm unless you hold a current licence, permit or authorisation
- Not to surrender your firearm, permits, licences, certificates and ammunition within 24 hours of being declared unfit (by the Registrar or the court) to possess a firearm
- To be in possession of a firearm whose serial number or mark has been erased or tampered with or has become illegible, and fail to notify the Registrar of this
It is also an offence:
- To fail to report to a police official the existence of a firearm (or ammunition) in the possession of someone else unlawfully
- To possess a muzzle-loading firearm without the relevant competency certificate
- To fail to comply with a police officer’s requests and questions, if they have reasonable grounds to believe that a person has or recently had a firearm or ammunition in their possession
Certain firearms may not be possessed or licensed at all. These include fully automatic firearms; any gun, cannon, mortar, or launcher to fire a rocket, grenade, bomb, etc.; any frame, body or barrel of a fully automatic firearm or launcher; any projectile to be discharged from a launcher; or any other firearm gazetted by the Minister of Police.
Alterations to a legal firearm can render that possession illegal. Possession of a firearm is a criminal offence if:
- The mechanism has been altered to enable multiple shots from a single trigger
- The calibre has been altered without the written permission of the National Commissioner of Police
- The barrel length has been (purposely) altered without written permission
- The serial number or any other identifying mark has been changed or removed without written permission
Possession of ammunition
No person may possess any ammunition unless they:
- Hold a licence for a firearm capable of discharging that ammunition
- Hold a permit to possess ammunition
- 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 the Act
- Are otherwise authorised to do so
It is also an offence to possess more than 200 cartridges for each licensed firearm (unless the licence is for an accredited shooting range or a licensed hunter).
Consequences of illegal possession
Offenders may face criminal charges and the penalties may include significant fines; imprisonment ranging from a few years to several decades, depending on the circumstances and nature of the offence; and a criminal record, which could impact future employment opportunities and civil rights.
The societal impact
The possession of illegal firearms has far-reaching effects on society. It contributes to crime rates, perpetuates a culture of violence, and undermines public safety. Addressing this issue requires a multifaceted approach, including stricter enforcement of existing laws, community education, and a commitment to reducing the demand for illegal firearms.
Let our law firm help you
If you are facing allegations of illegal firearm possession, legal advice is essential. Cape Town attorneys SD Law & Associates Inc. are criminal attorneys and bail lawyers. If you have been charged with a firearms offence, or have any questions about firearms licensing, call Simon on 086 099 5146 or email simon@sdlaw.co.za
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