Proposed new firearms legislation

Published proposed regulations to the Firearms Control Act, 2000

PROPOSED AMENDMENTS TO THE FIREARMS CONTROL REGULATIONS, 2004

The new proposed Firearms Control Amendment Regulations, 2007 were published in General Notice no 1325 of 2007, Government Gazette Vol 508 no 30401 on 26 October 2007 and are available for public comment. 

Please note that the public have been given six weeks from the 26 October 2007 within which to contribute, comment or make proposals.  This means that these need to be submitted in writing by Friday 7 December 2007.

Firearms Control Amendment Regulations, 2007 part 1 [.pdf] [2.29 Mb]

Firearms Control Amendment Regulations, 2007
 part2  [.pdf] [2.33 Mb]

Firearms Control Amendment Regulations, 2007 part3  [.pdf] [2.12 Mb]

Here is a link to the SAPS URL : http://www.saps.gov.za/crime_prevention/firearms.htm

Please read the third page of the first document to which we have created a link in a [.pdf] file [55 Kb] and which explains what is stated above.  We believe that the e-mail address given in the document is incorrect and should be as below:

All contributions, comments and proposals in this regard are to be forwarded to Director Jaco Bothma:

e-mail address: jbothmaj@saps.gov.za

fax no: 012-353 6269

postal address:  Director J Bothma
                           Firearms Control Registry: SAPS
                           Private Bag  X302
                           Pretoria
                           0001

Information of General Notice regarding proposed amendments

This is a notice to be found on the following URL : http://www.saps.gov.za/crime_prevention/firearms/gen_notice20070115.htm


PROPOSED AMENDMENTS TO THE FIREARMS CONTROL REGULATIONS, 2004

 

The Minister for Safety and Security intends to review and amend the Firearms Control Regulations, 2004.  A draft Firearms Control Regulations, 2007 is hereby published for general information and comment from interested parties.

 

INFORMATION NOTE:  This is merely a working document which is used to obtain the input of interest groups.  The finalization of the draft Firearms Control Regulations, 2007 will ultimately be done after the consultation process has been concluded.

 

NO PART OF THE CONTENT OF THIS DOCUMENT OR ANY ALTERATION THEREOF MAY BE CONSIDERED AS A COMMITMENT TO THE FINAL PROVISIONS OF THE REGULATIONS.

 

Kindly note that this is a working document.  Certain technical corrections with regard to the numbering, spacing and general layout still need to be done.

 

Any comments, contributions or proposals on the Regulation may be submitted on or before Monday, 19th February 2007 in writing to Director P Van Vuuren at one of the following addresses:

e-mail address : pikkie1@webmail.co.za

fax no: 012-347 1815

postal address : Director P Van Vuuren
                           Legal Services: SAPS
                           Private Bag  X302
                           PRETORIA
                           0001

 

Information update 07 September 2006

Here is an electronic copy of the final version of the Firearms Control Amendment Bill, 2006 (version 12B - 2006) as amended by the Portfolio Committee on Safety and Security (National Assembly) [.pdf 99.87Kb] that we received on 07 September 2006.  The Bill was approved by the National Assembly as mentioned below, but as yet has not been signed into law by the State President.  As soon as the Act is promulgated, we will advise.  

Update 05 September 2006

We have it on reliable and good information that the Firearms Control Amendment Bill was approved in the National Assembly this afternoon, as expected.   We highly recommend that you click here to read a speech made by Dianne Kohler Barnard MP, Democratic Alliance Spokesperson for Safety and Security at the debate in the National Assembly which content expresses the feelings of many responsible and lawful firearms owners in this country.  As soon as we have access to the content of the new Firearms Control Amendment Act, 2006, we will post it on this site. 

Update 31 August 2006

As you are aware, the Portfolio Committee on Safety and Security has conducted public hearings on and deliberated the Firearms Control Amendment Bill over the last few weeks.  The Committee has now completed its deliberations and with the exception of two abstentions, unanimously approved the Bill.  We understand that it will be referred to the National Council of Provinces (NCOP) for its approval next Tuesday morning, whereafter Parliament would consider it the same afternoon.

Update 17 August 2006

We need to apologise and advise that we are currently unable to regularly update and check out any links given below, due to computer problems being experiencedAs soon as this is rectified, we will ensure you remained informed of further developments as they become available. 

Here is a link where you will find some of the presentations given to the Portfolio Committee on Safety and Security at the public hearings on the Firearms Control Amendment Bill, 2006.  (The remainder will be linked once they become available)  http://www.saga.org.za/Act&Regs.htm#Hearing%20Presentations

Information update 08 August 2006

The Portfolio Committee for Safety & Security have now scheduled the public hearings on the Firearms Control Amendment Bill.  They will be as follows:

Friday 11 AUGUST 2006:

The Hunters Forum (CHASA, SA Hunters, etc)
Institute for Security Studies (ISS)

Wednesday 16 AUGUST 2006:

South African Gunowners' Association (SAGA)
National Arms and Ammunition Collectors Confederation of SA (NAACCSA)
SA Arms and Ammunition Dealers Association (SAAADA)
Gun Free South Africa (GFSA)
Gun Control Alliance (GCA)
Red Cross Trauma Unit

The presentations are limited to 20 minutes each and may only cover the Firearms Control Amendment Bill.  SAGA will have representatives at all the hearings.  Please note that presentations are subject to change.

Information received 22 June 2006

The closing date for public submissions on the Firearms Control Amendment Bill, 2006 has been announced as 10 July 2006.  Please make the time to read them and to send in your comments/objections to the Secretary of the Portfiolio Committee on Safety & Security, Jeremy Michaels (details below). 

The following advert was placed in the Sunday newspapers, 18 June 2006, by the Portfolio Committee on Safety and Security:

HAVE YOUR SAY

The Firearms Control Amendment Bill has been tabled in Parliament and referred to the Portfolio Committee on Safety and Security for consideration and report.

The Bill seeks to amend the Firearms Control Act, 2000 (Act No 60 of 2000), so as to amend, insert and delete certain definitions, to:

* Provide for the control of muzzle loading firearms
* Provide for the control of devices designed to muffle the report of a firearm
* Provide for the Registrar to determine the sufficiency of the set of fingerprints an applicant must from time to time
  provide
* Provide for a written notification in respect of the substitution of a responsible person
* Provide for a procedure to cancel an accreditation
* Provide for the renewal of a competency certificate and matters incidental thereto
* Delete the restriction on magazine capacity of a semi-automatic shotgun for use by a dedicated hunter or sports
  person
* Provide that prohibited and restricted firearms may only be collected if made inoperable
* Provide for the cancellation of a temporary permit to possess a firearm
* Subject the export of firearms and ammunition to the relevant provisions of the National Conventional Arms Control 
  Act, 2002 (Act No 41 of 2002)
* Provide for the non-automatic disqualification to possess a firearm in the event of the payment of an admission of
  guilt fine
* Provide for the holding of an inquiry contemplated in section 102 in the absence of the person concerned under
  certain circumstances
* Amend the procedure for the cancellation of certain licences, permits, authorisations and competency certificates
* Provide for the establishment of an informal consultative forum and for compliance with the provisions of the
  National Heritage Resources Act, 1999, in instances where firearms are to be destroyed
* Provide for matters connected therewith.

Any person who or organisation, which would like to make written submissions to the Committee, may do so by no later than 10 July 2006.

Written submissions should be addressed to:
The Secretary to Parliament
PO Box 15
Cape Town 8000
and marked for the attention of Mr Jeremy Michaels.

Copies of the Bill may be obtained from the parliamentary website (
www.parliament.gov.za) or from Mr J Michaels or even easier, found below under information update 14 June 2006.

Enquiries: Mr Jeremy Michaels, tel. (021) 403-3806, fax: (021) 403-2808 or e-mail:
jmichaels@parliament.gov.za

Issued by Honourable Maggie Sotyu, Chairperson: Portfolio Committee on Safety and Security (National Assembly).

Information received 18 June 2006

Click here for an extract from the "minutes" of the parliamentary Portfolio Committee for Safety and Security dated 31 May 2006 wherein the Bill was discussed.  These are not proper minutes, but a summary (frequently inaccurate) put together and published by a non-governmental organization who attends the meetings.

We believe that this will be the schedule for the Firearms Control Amendment Bill, 2006.

The Bill has been formally presented to Parliament in ATC form.  Adverts for submissions will be published on the weekend of 16 June, 2006.  Three (3) weeks will be allowed for public submissions.  Parliament goes into recess so, the Portfolio Committee will only start their deliberations in the beginning of August (no dates are set as yet).  We will be advised as soon as the dates are set.

Information update 17 June 2006

Click here to read the second submission of the Aquila Services Group to the revised draft Firearms Control Amendment Bill, 2006 which was sent by e-mail and courtesly redireced to Jeremy Michaels.

Information update 14 June 2006

Here is the latest version of the Firearms Control Act, 2000: revised Firearms Control Amendment Bill, 2006 dated 06 June 2006  [.pdf 92.1Kb] that was received 09 June 2006There is still no information regarding the public hearings on the Bill, but we will keep you informed.  

Information update 06 June 2006

According to an article in Business Day posted on their website on 01 June 2006the meeting at which the draft Bill was scheduled to be presented to the parliamentary Portfolio Committee on Safety and Security on 31 May 2006 has taken place.   We still have no information regarding the public hearings on the Bill, but will keep you informed.  See article on page 'Firearms in the local press'.

In a communication with the Secretary of the Portfolio Committee for Safety & Security on 19 May 2006, Bruce Shaw of SAGA stated that they been informed as follows:

"Unforseen delays in the tabling of the Firearms Control Amendment Bill in Parliament necessitated changes in the programme of the Portfolio Committee on Safety & Security.  Public hearings on this Bill will thus be postponed. ........  I wish to give you the assurance that all stakeholders will be given enough time to submit written submissions to the Committee."

Information update 23 May 2006

Here is the latest information that we have regarding the content of the revised Firearms Control Amendment Bill, 2006.  Please click on the link below for the document we received on 22 May 2006.

Firearms Control Act, 2000 : revised Firearms Control Amendment Bill, 2006 dated 02 May 2006

Information as of 18 May 2006

Some press reports have inferred that the Firearms Control Amendment Bill, 2006 has been passed with no amendments. This is not the case.

In a cabinet meeting yesterday, 17 May 2006, the Firearms Control Amendment Bill, 2006 was approved for submission to Parliament.  We, like others, do not yet know what changes have been made to the draft Bill which was published for public comment during February 2006.

This means that the (amended?) draft Bill will now be presented to the Portfolio Committee on Safety and Security - the parliamentary schedule gives a date of 31 May, 2006.  Once the Bill has been presented to the Committee, we have been advised that there will be public hearings on the Bill.  We will make this information known as soon as the details are announced.
                                                       ____________________________________________

You will have carefully read the document below and submitted your response to the proposed new legislation in writing to Director Pikkie van Vuuren of the SAPS on or before Friday, 31 March 2006, the closing date for submissions.

We are aware that there were problems in submitting documentation by e-mail on the closing day to the e-mail address given, as many were returned because the e-mail box was full.  Please continue to resend your submissions until such time they are received and acknowledged, together with a note to the effect that yours was returned and stating the reason.  We will endeavour to keep you updated as further developments become available.

Click here to read the submission of the Aquila Services Group to the draft Firearms Control Amendment Bill, 2006 which, like many others that were either delayed or returned, was resent by e-mail.

Draft Bill

On Friday 24 February 2006, the draft Firearms Control Amendment Bill was published (Pretoria, Vol No 488: Gazette No 28545 dated 24 February 2006, Notice No 314 of 2006) containing the contents of new proposed amendments to the principal Act.  See press release of 27 February 2006 by the Ministry for Safety and Security.

Please note that these proposals are a draft Bill, not yet law, published for public comment.

There are some proposals which will seriously and substantially affect firearms owners and users, and the firearms industry both detrimentally and drastically.  At a cursory glance, those most affected by these proposals are those who are to relicence their current firearms, those who use suppressors or what is commonly known as "a silencer", collectors of firearms and ammunition and "black powder" shooters.

We suggest you carefully read and consider the implications of the contents and then make a reasoned and thoughtful submission to Director Pikkie van Vuuren, who will pass it on to the relevant people for consideration.

Firearms Control Act, 2000 : Firearms Control Amendment Bill, 2006 part1   [.pdf]

Firearms Control Act, 2000 : Firearms Control Amendment Bill, 2006 part2   [.pdf]

Firearms Control Act, 2000 : Firearms Control Amendment Bill, 2006 part3   [.pdf]

Any comments, contributions or proposals on the Bill may be submitted on or before the 31st of March 2006 in writing to the following:

e-mail address: pikkie1@webmail.co.za

fax number: 012 309 3333

postal address: Director P van Vuuren
                          Legal Services: SAPS
                          Private Bag X302 
                          PRETORIA 0001