FIREARM LEGISLATION
your FIREARM rights – OUR FOCUS
SA Hunters promotes and defends responsible firearm ownership within South Africa’s legal framework
Green firearm licences still valid – for now
The old green firearm licences issued under the previous firearms act are still valid, provided that the owners never applied for new licences for those particular firearms. However, if the holder of a green firearm licence had applied for a renewal in terms of the Firearms Control Act (Act 60 of 2000) and received the new white licence card, the green licence is invalid. If the application for a new licence had not been approved, the old green licence would still be valid.
There is a logical assumption that the old green licences would be declared invalid at some point. Meanwhile, SA Hunters advises members with old valid green licences, to apply for their firearm licences in terms of the new Act, and to comply with the requirement of submitting a valid competency certificate with their application.
Discussion between SA Hunters and SAPS started in 2020 to establish a meaningful process to switch all green licences to white licences. That followed on an attempt by the state to revoke an interdict granted in favour of SA Hunters by the Gauteng North High Court in 2009, that the green licences would remain valid until the main issue in that case had been heard and finalised. However, SAPS never responded, and the case was never concluded.
SA Hunters and its legal team strongly disagreed with the State’s approach and submitted a plan to SAPS for a process to migrate green firearm licences to white firearm licences in a seamless manner.
Because the discussions between SA Hunters and SAPS petered out, no further information is available on the status of this process.
We protect your interest
Firearms Legislation in South Africa from 2004 to 2023
SA Hunters is committed to protect the interest of its members and law-abiding firearm owners. Below is a summary of the main events regarding the Firearms Control Act, attempts to amend the act, the frustrations experienced by firearm owners during the past two decades, and the prominent role that SA Hunters has played towards making sense out of the country’s firearms legislation.
It is 20 years since the Firearms Control Act ( Act 60 of 2000) came into effect in July 2004. During this period, firearm owners – and anyone wishing to own a firearm legally – struggled with the perceived ineptitude of SAPS to manage, administer, and implement the act.
Between 2005 and August 2020, SAPS announced four firearm amnesties in an effort to remove illegal and unlicensed firearms used in criminal activities from the general public. According to statistics released by the commissioner of Police, not a single firearm among the 122 783 weapons surrendered in the 2005 and 2010 amnesties could be linked to criminal activities.
1 July 2004: The Firearms Control Act (Act 60 of 2000) came into effect, with 30 June 2009 as the scheduled date for complete implementation. The stated purpose of the act was to:
- prevent illegal ownership of firearms
- limit the distribution of illegal firearms
- remove illegal firearms from society
- implement a proper and affective system to control and manage firearm ownership
- monitor and enforce the firearms act effectively
SA Hunters has played in instrumental role in converting the former bona fide hunter model to dedicated hunter and dedicated sport shooter status that accredited hunting associations and sport shooting organisations can issue to their members. All firearm owners were supposed to have applied for the renewal of their current licences by 30 June 2009, in terms of the new act.
June 2009: It was estimated (according to several sources, including SAPS) that approximately 700 000 firearms owners neglected to submit applications timeously to renew their firearm licences, mostly due to the inability of the Police to manage the process. This meant that by 30 June 2009, all these firearm owners faced criminal charges with the possibility of a15 year jail sentence.
23 June 2009: SA Hunters filed an urgent application in the North Gauteng High Court to prevent the scrapping of the old green licences, and to consider the constitutionality of the interim measures for switching over to the new firearm licence system. SA Hunters asks the court to deem the old green licences valid while the matter on the constitutionality is being considered.
26 June 2009: The late Judge Bill Prinsloo rules in favour of SA Hunters declaring that the old green licences for which renewal applications have not yet been submitted, will be deemed to remain valid pending the outcome of the rest of the court application. SAPS never responded to the main application on the interim measures, and the case never went to court. Therefore, the judgement on SA Hunters’ urgent application remains valid.
25 November 2009: SAPS announces a firearm amnesty from 11 January to 11 April 2010 to enable citizens with unlicensed firearms to surrender their weapons, or to apply for amnesty with a view to submit renewal applications for new licences. SAPS undertakes not to arrest anyone for being in possession of and handing in an unlicensed firearm.
During 2011: The first licences issued in terms of the new act begin to lapse (5 year for section 13 firearms for self-defence). Two major problems arise, e.g., the validity of competency certificates, and the condition that firearm owners must submit their renewal applications 90 days before their licences lapse. A SAPS directive (10A) states that a competency certificate is valid for as long as the relevant firearm licence is valid. Several other conditions are announced to deal with late renewal applications (within the 90-day period before expiry) causing further confusion.
March 2015: The Draft Amendment Firearms Control Bill is published for comment. The Parliamentary Portfolio Committee for Police holds a summit to discuss aspects of the act. Anti-gun activists/groups put pressure on the authorities for better control of firearms. The Bill is withdrawn, and a task team is appointed to investigate a ‘comprehensive revision’ of the act.
26 April 2017: SA Hunters requests the North Gauteng High Court to declare Sections 24 and 28 of the firearms act (on the renewal and expiry of licences respectively) unconstitutional, to instruct the state to revise these two articles, and to deem all lapsed licences valid until a new renewal process is in place.
4 July 2017: The application is successful and the court rules in favour of SA Hunters. SAPS appeals against the ruling in the Constitutional Court.
8 June 2018: The Constitutional Court rules in favour of SAPS that Sections 24 and 28 of the Firearms Control Act are not unconstitutional.
27 November 2019: SAPS announces a firearms amnesty that gives firearm owners six months to surrender unlicensed firearms.
4 December 2019: In an open letter, SA Hunters requests the Minister of Police to clarify certain aspects of the amnesty, and to recall it in favour of a new round of discussions among interested parties.
28 March 2020: Covid 19 restrictions hit the country, preventing individuals from moving freely to make use of the amnesty and hand in their firearms.
1 August 2020: SAPS announces another six-month amnesty until 31 May 2021.
8 September 2020: Die state attorney informs SA Hunters that the court interdict of June 2009 (validity of the green licences) is about to be repealed and requests the Association to withdraw its court application. SA Hunters expresses its view that it prefers to enter into further discussions on the process to convert the green licences to new licences. The state attorney agrees to this process.
1 June 2021: A new Draft Amendment Firearms Control Bill is published with 4 July 2021 as the deadline for submitting comment. SA Hunters encourages its members and the public to submit their comments. The Association launches a national multimedia awareness campaign in which it analyses and questions the proposed amendments and their impact on firearm owners. Numerous petitions against the implementation of the amendments are widely supported. Approximately 118 000 comments are received from the public.
1July 2021: The deadline for comment on the amendment bill is extended to 2 August 2021.
November 2021: The Parliamentary Portfolio Committee for the Police announces the withdrawal of the amendment bill for further consultation. This effectively brings an end to the process of reviewing the Firearms Control Act.
27 May 2022: The Constitutional Court rules in favour of Fidelity security’s court application against SAPS regarding the expiry of 700 of its firearm licences.
This judgement is a turning point in the firearm licence saga and means that any individual may apply for a firearm licence for any firearm of which the licence has expired.
July 2022: SAPS announces that firearm owners whose licences lapsed, no longer need to hand in their firearms at police stations, but to take it to their DFOs who will verify the firearm and issue a certificate. The licence application will be deemed as a regular new licence application with the standard requirements of it being accompanied by a valid competency certificate. This decision, in principle, constitutes a permanent amnesty. It means that a firearm owner can apply at any time for a new licence for a firearm of which the licence has expired, without having to hand in the relevant firearm to the Police.
12 September 2022: SAPS instructs police stations to issue temporary permits to firearm owners whose licence applications have been approved, but who were still waiting for their licence cards.
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