400 000 staring down barrel over gun licences

AS many as 400 000 gun owners who failed to renew their firearm licences on time will have to get rid of their guns or hand them over to the police as they are now deemed to be in illegal possession of the guns.

The Constitutional Court upheld an appeal yesterday by the Minister of Safety and Security by dismissing a high court order which had declared that two sections of the Firearms Control Act of 2000 were constitutionally invalid.

The sections concerned the expiration and renewal of firearm licences. Under the previous Act‚ a licence to possess a firearm lasted for life. The Act of 2000 changed this.

Under the new regime‚ a person wishing to own a firearm must first possess a competency certificate‚ which expires after periods of two‚ five or 10 years‚ depending on the nature of the firearm licence.

The Act contained provisions for the transition from the previous Act to the present one.

The South Africa Hunters and Gamer Conservation Association obtained a judgment in its favour in the high court in Pretoria last year.

The high court held that the provisions of the Firearms Control Act were constitutionally invalid on several grounds.

However in a unanimous judgment‚ Justice Johan Froneman said the provisions in the Act were not vague.

“They cannot be clearer. It is an offence to possess a firearm without a licence obtained in terms of the Act.

“Once one has obtained a licence one needs to renew it at least 90 days before the date of expiry‚” Froneman said.

“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.”