# Firearm-control

- Link: https://dearsouthafrica.co.za/firearm-control/
- Published: 2020-09-06T18:17:27+02:00
- Author: dearSA

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### The public is invited to offer comments and suggestions to help shape the proposed amendment to the Firearms Control Act.

Did you know you do not need a licence to legally operate a firearm in South Africa–
should this be amended?

The present system of firearm licencing in South Africa suffers from numerous challenges
and problems including a lack of transparency and vast discretionary powers granted
to SAPS. The current system is vulnerable to corruption and power abuse undermining
the very purpose it was designed to fulfil.

As such, a new system: Licence the Person, Register the Firearm is proposed. Please
have your say below _(personal details will not be made public)_.

### **26480 **participants (closed 28 February 2021)

[view a report on the public participation ](https://dearsouthafrica.co.za/firearm-control/#)

[view a summary of the proposed amendment ](https://dearsouthafrica.co.za/firearm-control/summary)

[click to download a PDF of the public comments ](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2021/03/20190728/firearm-control-web-s.pdf)

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## [CLOSED] Have your say – shape this proposed amendment.

**Error:** Contact form not found.

![Dear South Africa](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2020/09/
02102235/DearSA-logo-s-100x31.jpg "DearSA-logo-s")

Did you know that you do not need a firearm licence to lawfully operate a firearm
in South Africa? This is because the current Firearm Control Act licences the firearm,
not the person.

It would make far more sense to treat firearms the same way we treat cars. Once 
you have proven that you are fit and proper to own a vehicle, and demonstrate you
can safely and responsibly operate it, you are issued a licence.

Therefore you are the licence-holder, and the vehicles you own are registered to
your name.

This is the central premise to  _License the Person, Register the Firearm – _the
proposed amendment presented here.

The current system of firearm licencing is best explained as you being forced to
have a separate drivers licence for every single vehicle you own.

Currently, you may operate any firearm anywhere where it is safe to do so, and for
any lawful purpose, so long as you are under the direct supervision of the licenced
firearm owner.

There are many good reasons for this provision. For one, it would be absolutely 
impossible to legally instruct or train an ordinary member of the public in safe,
responsible firearm ownership if it were illegal to do so. Think of it as teaching
a friend or family member how to drive with your car.

 * Once an individual satisfies the legal requirements to be declared a _Fit and
   Proper_ _Person_, they are issued a firearm licence.
 * Legal requirements to be declared a _Fit and Proper Person_ are:
    - Declared competent pertaining to lawful, safe, and responsible firearm handling
      and ownership.
    - Comply with all relevant safe-keeping requirements as stipulated by the Act.
    - Have no relevant criminal record or debilitating psychiatric condition which
      renders them _Unfit to Possess_ a firearm.
 * Much like the issuing of visas to enter South Africa, this function can be outsourced
   to a suitable independent body.
 * Licensing the person applies to both natural persons and juristic persons, such
   as security companies, parastatals, and other organisations that own firearms.

Once a person is licensed, a secure **Central Firearms Registry** (CFR) account 
containing all their relevant personal information is opened on the electronic registry.

 * Any and all firearms owned by a person are placed on the electronic registry 
   under their name, and all relevant information pertaining to the firearms are
   recorded.
 * The electronic registry must provide secure and encrypted real-time communication
   between the registry and authorised SAPS/CFR personnel and firearm dealerships.
 * The electronic registry must conform to all protection of personal information
   requirements and legislation, and incorporate biometric identity confirmation
   of persons authorised to access it, as well as licenced firearm owners.
 * The electronic registry must track all activity and enable ease of audit.

The overwhelming majority of these amendments are entirely workable within the existing
Firearms Control Act of 2000 framework, and do not require significant changes to
the Act.

### DOWNLOAD DOCUMENTS

 * [Firearms Control Act of 2000](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2020/09/20190937/firearms-control-act-60-of-2000.pdf)
 * [Firearms Control Regulations](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2020/09/20190937/FCA-regss.pdf)
 * [FCA Amendment Bill (2006)](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2020/09/20190937/FCA-amendment-Bill061115B12d-06_0.pdf)

### IN THE MEDIA

 * Paratus – [It is time to change our gun laws](https://paratus.info/2019/05/07/licence-the-person/)
 * TimesLIVE – [Firearms registry in chaos](https://select.timeslive.co.za/news/2018-09-26-cops-under-fire-over-chaotic-firearms-registry/)
 * BusinessInsider – 4[50,000 firearm owners with expired licences](https://www.businessinsider.co.za/the-sca-just-overturned-a-gun-owners-of-sa-interdict-protecting-expired-firearm-licence-holders-2020-7)
 * Paratus – [New firearm amnesty, serious questions](https://paratus.info/2020/08/11/new-firearm-amnesty-concerns/)
 * IOL – [High ranking police officials implicated in gun licence racket](https://www.iol.co.za/news/south-africa/kwazulu-natal/high-ranking-police-officials-implicated-in-gun-licence-racket-49461979)
 * Citizen – [Gun renewal applications not processed due to system error](https://citizen.co.za/news/south-africa/investigation/2213233/gun-renewal-applications-not-being-processed-due-to-system-issue/)

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