Court challenge to Firearms Act

THE Minister of Police yesterday asked the Constitutional Court not to confirm that two sections in the Firearms Control Act were unconstitutional.

The sections‚ if declared unconstitutional‚ will disrupt the police’s goal of regulating firearm ownership by requiring that each firearm owner has a licence which expires after a certain period.

Before the Firearms Control Act of 2000‚ a licence to possess a firearm lasted for life.

The 2000 legislation changed all that. It required that each person wishing to own a firearm had to be licensed, as well as each firearm. The new Act also required that a competency certificate showing a person is fit and proper to possess a firearm‚ must be obtained and will expire after a certain period.

The constitutional challenge in the High Court in Pretoria was brought by the South African Hunters and Game Conservation Association.

It followed an instruction in February 2016 by the then police boss Khomotso Phahlane that police stations should not accept any late renewal applications for firearm licences.

Section 24 of the Act states a person who wants to renew their firearm licence must do so “at least” 90 days before the licence expires. According to the association‚ there were about 300 000 unlicensed owners‚ most of whom simply forgot to renew licences on time.

They now find themselves at risk of being in unlawful possession of firearms‚ and facing a 15-year sentence.

The high court judgment passed in July ruled that all firearm licences that expired or were due to expire‚ would be deemed valid until the Constitutional Court has reviewed the constitutionality of the two sections.

Arguing for the minister of police‚ Geoff Budlender SC disputed that the sections were unconstitutional.

He said this would remove the mechanism for the renewal of licences and abolish the criteria and procedures for cancellation of licences.

Frank Snyckers SC‚ for the association‚ said as a result of the sections‚ a licensed firearm owner who failed to apply on time would be placed in the same position as a person who had bought an illegal firearm.

Two friends of the court were admitted in the case. Gun Free South Africa said the licensing system played a crucial role in gun control. Fidelity Security Services said the Act should provide for the extension of a licence about to expire.

The court reserved — judgment.