Cap and Ball

 

 

The following are from documents copied from the internet regarding the new regulations for muzzleloaders.

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ADDRESS BY THE NATIONAL COMMISSIONER OF THE SOUTH AFRICAN POLICE SERVICE, GENERAL BHEKI CELE AT THE PRESS BRIEFING ON THE FIREARM CONTROL AMENDMENT ACT AND OPERATION DUTY CALLS FEEDBACK, HELD AT THE TSHWANE SAPS ACADEMY
06 January 2011

LIEUTENANT GENERALS PRESENT
MAJOR GENERALS PRESENT
SENOIR OFFICERS PRESENT
MEMBERS OF THE MEDIA
 Ladies and gentleman, I address this media conference this morning for the first time in the year 2011 and I would like to take this opportunity to wish you all a peaceful, crime free and prosperous New Year. This day is buzzing with excitement on the official release of the Matric results for the year 2010. On numerous occasions such excitement leads to unfortunate circumstances, however we are confident with our strategic police deployment that we can ensure that the people of South Africa are and feel safe during this period and beyond.
Our fundamental mandate as the SAPS is to serve and protect whilst ensuring that in carrying out our duties we display excellence, dedication and vigour in our resolve to fight and combat crime. Members of the media, this media conference comes at a time when our men and women in blue are working tirelessly in achieving desired results for the ongoing festive season Operation Duty Calls. Further to that our members are hard at work as we are responding to the call made by our Minister Nathi Mthethwa to implement a turnaround strategy within the environment of the Firearms Control Registry of the SAPS.
In December 2010 the Minister announced the amendment of the Firearms Control Act 28 of 2006 which primarily makes provision for owners of muzzle-loading firearms to apply for competency certificates for such firearms.
This application must be made within a period of one year commencing on 10 January 2011 (next week Monday), at the police station nearest to the applicant’s place of residence and it must be done on the form SAPS 517. Once this application is lodged, the possession of a muzzle-loading firearm shall remain lawful until the application is finalized.
FAILURE to apply for a competency certificate within the stipulated period of time will render the possession of such muzzle-loading firearm unlawful.
Any person who fails to comply with these provisions will be liable to criminal prosecution and possible incarceration for a period not exceeding 15 years. Therefore, I would like to urge all owners of muzzle-loading firearms to conform to this Amendment Act.
The amendment to this Act also makes stipulation for the renewal of competency certificates within a period of at least 90 days before the expiry of the certificate. All persons whose competency certificates have expired must apply at least 90 days before expiry of such certificate on the form SAPS 517(g).

Furthermore, the period of validity of licences and permits in terms of Sections 20 and 20(a) of the Firearms Control Act has also been amended. Much to the pleasure of licence holders the following changes have been made:-

BACKLOG
Many questions have been raised in the past about the progress of applications to renew licenses and new applications. To this end and following the press conference by Minister Nathi Mthethwa and myself on 2 November 2010 I am pleased to announce that significant progress has been made to finalize major backlogs and new applications.
The task team has a time-frame between 1 November 2010 and 30 June 2011 to finalize the mountainous backlog of applications and simultaneously to deal with the flood of new applications.
With regards to the backlog, the task team has made great strides and, in just two months: -

We have enhanced the capacity in this environment tremendously. Eight additional Colonels, eighteen additional Lieutenant Colonels and eight Captains have been deployed to the Central Firearm Registry to deal with this backlog. We are certainly moving in a positive direction since our last meeting in early November 2010.
It must also be borne in mind that, at this stage, we are running two parallel processes with different sets of personnel – one group to work on the backlog and another to process new applications. It would be counter-productive to load new applications onto the tail end of the backlog.
OPERATION DUTY CALLS
 On the matter of the festive season operation, “Operation Duty Calls” the SAPS - together with our partners - have worked tirelessly and sacrificed valuable time with their loved ones to ensure a safer festive season for our people. Officers have patrolled the streets in uniform on foot, in vehicles, vessels and aircraft and even on horseback in the suburbs, in and around major shopping centers, various CBD’s and also in rural areas.
Their hard work has paid off in that we have had little or no reports of serious violent crime particularly in terms of robberies at shopping malls, cash-in-transit heists, bank robberies and ATM bombings. These areas have been some of our priorities because of problems over previous festive seasons and I think our officers have done very well.
Since the inception of this operation on 18 October 2010 to date, a total of 233531 people have been arrested. The following is the breakdown of some of the arrests:-

The other arrests were for crimes like common robbery, theft of / from motor vehicles, driving under the influence of drugs/alcohol, malicious damage to property, etc,.
During this time a variety of property was either seized or recovered and these include 2 833 vehicles, 3 222 firearms, 26 880 rounds of ammunition, knives, drugs (including dagga, cocaine, ecstasy and mandrax) and almost 38 million bottles and cans of alcohol (beer and hard liquor). These recoveries are valued at several million rand.
In closing, I would like to take this opportunity to thank all SAPS members, the emergency services personnel, traffic police and other government departments for their untiring efforts in ensuring that the people of South Africa are and feel safe during 2010/2011 festive period. The year 2010 has indeed been a year of action for members of the South African Police Service in pushing back the frontiers of evil.
I thank you.
Enquiries : Major General Nonkululeko Mbatha – Communication and Liaison Services 083 645 6252
Office: +27 12 400 6579 / 6629 / 6576
Fax: +27 12 400 7018
E-mail: mediacentre@saps.org.za

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1. PROCLAMATION

Below follows a summary of the implications of the commencement of certain Sections of the Firearms Control Amendment Act, 2006 (Act 28 of 2006) as these have become effective on 10 January 2011 (see Proclamation 77 of 2010 in Government Gazette No. 33871 of 17 December 2010).

The Sections of the Amendment Act that are put into operation through the Proclamation are: Sections 1(b), 1(i), 2, 4, 8, 9 10, 18 and 52.

The content of the nine Sections of the Amendment Act that commenced on 10 January 2011 refer to:
a. defining a “muzzle loading firearm”;
b. the procedures for application for a competency certificate to possess a muzzle loading firearm (no licence required);
c. the procedure for renewal of competency certificates, and;
d. the extension of time periods for the validity of licences for different categories of use of firearms.

It is strongly advised that you read through the whole document so as to ascertain that you understand where these amendments and changes have an effect on your particular firearm licensing situation.



2. MUZZLE LOADERS

2.1 Definition

The definition of "antique firearm" (meaning a muzzle loading firearm manufactured before 1900 or a replica thereof) is deleted from the Firearms Control Act (Act 60 of 2000 – hereafter FCA), and a definition is inserted for a "muzzle loading firearm" instead. Muzzle loaders are thus from 10 January 2011 understood to be firearms in terms of the FCA.

Cap and ball (black powder) revolvers are also regarded as firearms as from 10 January 2011, and one would at the least probably also have to apply for a competency certificate to possess such a revolver (not certain whether a licence will be required). However, the situation in terms of procedures and process in this regard have not been finalised by the SAPS. The SAPS have, however, per official directive dated 7 January 2011, indicated that no legal action will be taken against individuals who possess such revolvers after 10 January 2011, until they have resolved the matter regarding competency and licensing of these firearms on policy level.


2.2 Muzzle loaders

A muzzle loading firearm (also described as an antique firearm before the Amendment Act came into force) could be legally possessed without any formalities before 10 January 2011.

However, the amended to Section 3 of the FCA (Section 2 of the Amendment Act) now states that a person must be in possession of a competency certificate for muzzle loaders in order to possess such a firearm. Note that there is no licence required for a muzzle loading firearm.

A muzzle loading firearm is defined in the FCA as:
“(a) a barrelled device that can fire only a single shot, per barrel, and requires after each shot fired the individual reloading through the muzzle end of the barrel with separate components consisting of a—
(i) measured charge of black powder or equivalent propellant;
(ii) wad; and
(iii) lead bullet, sabot or shot functioning as a projectile, and ignited with a flint, match, wheel or percussion cap ".


2.3 Competency certificates for muzzle loaders

Persons who are in possession of muzzle loading firearms have time to apply for the relevant competency certificate until 9 January 2012. Competency certificates for muzzle loaders are valid for 10 years.

As from 10 January 2012 persons who do not possess competency certificates for muzzle loaders, or who cannot show proof that they have applied for such competency, can be prosecuted as if illegally in possession of a firearm.

One cannot be prosecuted for not having applied for a competency for a muzzle loading firearm before 10 January 2012.

2.4 Application for a competency certificate for Muzzle loaders

2.4.1 What the applicant must do:

a. The applicant must first complete the Unit Standard for Muzzle Loaders (US 24300) with an accredited training provider – just as was the case with the completion of proficiency training for rifles, handguns and shotguns.
b. The applicant submits a completed application form (SAPS 517) to the SAPS office where he/she normally hands in his/her firearms licence applications.
c. The applicant attaches the following documents to the application:
i. Two recent colour photographs (passport size not older than 3 months);
ii. A certified copy of the applicant's identity document or passport on which the applicant's photo and personal particulars are reflected;
iii. A certified copy of the proficiency training certificate for muzzle loaders obtained from the accredited training institution;
iv. A certified copy of the applicant's permanent residential address (permit for non-South African citizens).
d. The applicant must pay the prescribed fee.

2.4.2 What the SAPS will inter alia do:

a. Obtain two full sets of fingerprints from the applicant;
b. Issue a receipt for fees paid (expenditure receipt Z 263);
c. Issue a remittance advice (SAPS 523(a)) as proof of receipt of application;
d. The DFO will make a recommendation and forward the application form to the Provincial DFO in 30 working days, who will forward the application to the Central Firearms Registry in Pretoria within 14 calendar days.

SAPS are on record as stating that the CFR must complete the evaluation of the application within 4 months.


3. RENEWAL OF COMPETENCY CERTIFICATES

Take note that the issuing of a firearm licence is dependent on the possession of a competency certificate. Possession of a firearm, however, only becomes unlawful upon expiry of the firearm’s licence and not upon the expiry of the competency certificate.

The FCA previously contained no mechanism to renew a competency certificate. This has now been corrected with the implementation of Section 9 of the Amendment Act (Act 28 of 2006) which amends Section 10 of the FCA. The amendment now aligns the period of the competency certificate with the period of validity of the specific firearm licence it refers to (i.e. 5 years for self-defence firearm, and 10 years for hunting or sport-shooting firearm).

From 10 January 2011 application for the renewal of a competency certificate must be submitted ninety (90) days before the date of expiry of the competency certificate. Competency certificates will remain valid for as long as it takes the SAPS to finalise the renewal application (ascertain that you safely store proof that you have submitted an application for the renewal of your competency certificate)

Persons of who their competency certificates expired before 10 January 2011 and who had not applied for the renewal thereof, will not be prejudiced, but have until 11 April 2011 to submit renewal applications.

The amendment to the time period of validity of competency certificates and the exact practical implication thereof on the renewal of existing competency certificates has created some confusion. It is not certain whether:

a. A current competency certificate will automatically now be valid for 10 years irrespective of the expiry date printed on such a competency certificate;
b. A competency certificate will after 10 January 2011 be issued for each category of firearm a person may legally posses (i.e. if a person will then be issued with more than one competency certificate);
c. A person currently in possession of a competency certificate for only hunting and/or sport-shooting firearms can accept that s/he do not have to renew such certificates before 10 years after issue date, irrespective of the expiry date printed on the current competency certificate;
d. A competency certificate for a specific firearm has to be renewed every time a licence for a firearm has to be done, irrespective of the expiry date of the competency certificate;
e. SAPS will differentiate between competency certificates issued for self-defence firearms and for hunting and/or sport-shooting firearms and even competency certificates issued for business purposes.

Until such time as the correct legal position has been determined, members are strongly advised to submit application for renewal of competency certificates 90 days before the expiry date printed on their current competency certificates. In the event that SAPS officials tell members that they do not have to submit renewal application for competency certificates before 10 years have lapsed, members are strongly advised to ascertain that this decision of the SAPS official is given to them in writing with a SAPS date stamp on such piece of paper (write the statement yourself and let the SAPS official sign it there and then – protect yourself)

What is clear, is that after 10 January 2011, competency certificates will be issued with the same period of validity of the relevant licence it applies to. Remember submission of application for renewal of licences and competency certificates must be conducted 90 days before the expiry date thereof.

It is important to note that although non-compliance with the prescribed renewal period for a competency certificate and/or a firearm licence (i.e. 90 days before expiry date), would not in itself constitute an offence, it could lead to the lapsing of the validity of and cancellation of the licence it applies to. If this should happen the firearm will have to be disposed of in terms of the FCA (i.e. handed in at SAPS for destruction, or be sold to a third person or to a gun dealer).

Lastly it must still be noted that in terms of the Court order which followed the SA Hunters court case against the Minister of Police in 2009, the so-called old green licences which were issued in terms of the repealed Arms and Ammunition Act, 1969 (Act No. 75 of 1969), still remain valid until the Court has finally decided on the issues regarding Schedule 1 of the FCA. Until such time as the court case has been finalised, SAPS cannot take any legal action against persons who did not renew their old green licences (1969 licences) as these are still valid.


3.1 Application for renewal of competency certificates

3.1.1 What the applicant must do

For renewal of a competency certificate the applicant must complete the form, SAPS 517(g) (available on the SAPS website at http://www.saps.gov.za/crime_prevention/firearms.htm – look under the heading “Forms”.

The applicant submits the completed application form (SAPS 517(g)) to the SAPS office where he/she normally hands in his/her firearms licence applications.

The following supporting documents must be attached to the SAPS 517(g) application form:
a. A certified copy of the applicant's identity document;
b. Two recent colour photographs (passport size not older than 3 months);
c. A certified copy of the applicant's competency certificate which he or she wishes to renew;
d. A certified copy of proof of the applicant's permanent residential address (permit for non-South African citizens);
e. Two written testimonials from friends/colleagues or any other person who might have knowledge of the applicant.
f. Any other documentation submitted by the applicant in support of the application;
g. Proof of payment;

Note that applicants who renew competency certificates need not again comply with the provisions of section 9(2) (q) or (r) of the FCA. In other words s/he do not need to again complete the prescribed test on knowledge of the FCA, or the practical test regarding the efficient handling of the firearm, which were part of his/her proficiency training. The Registrar in a specific case and on good grounds, may however, require otherwise.

3.1.2 What the SAPS will inter alia do:

a. Issue a receipt for fees paid (expenditure receipt Z 263);
b. Issue a remittance advise (SAPS 523(a)) as proof of receipt of application;
c. It is not certain whether SAPS will once again require two sets of fingerprints;
d. The DFO will confirm the physical address indicated on the application form to determine whether the applicant resides at the given address.
e. The DFO will conduct a background evaluation of the applicant by way of two interviews which may be done per telephone (one interview must be with the spouse or the partner of the applicant);
f. The DFO will make a recommendation and forward the application form to the Provincial DFO in 30 working days, who will forward the application to the Central Firearms Registry in Pretoria within 14 calendar days.

SAPS are on record as stating that the CFR must complete the evaluation of the application within 4 months.

4. VALIDITY PERIOD OF LICENCES

The last important amendment of the FCA relates to the validity period of two types of firearm licences for business purposes.

Firstly a licence to possess a firearm for business purposes as game rancher and in hunting has been extended from 5 years to 10 years.

Secondly a licence to possess a firearm for business purposes other than as game rancher and in hunting has been extended from 2 years to 5 years.

SAPS are on record as per their directive of 7 January 2011 that irrespective of the dates printed on the relevant licence, all current licences in these two categories which have not yet expired by 10 January 2011, automatically remain valid for the new period of validity, calculated from the date of issuing of the licence.

Once again we advise members to rather renew licences in these two categories as they expire, until such time as we can ascertain the legal status of the SAPS position in this regard. In the end it is the licence holder who stands to loose and not the SAPS official who drafted the directive.

Note that a licence for a self-defence firearm is valid for 5 years, for a restricted firearm for self-defence is valid for 2 years, and that all other types of firearm licences are valid for a period of 10 years (i.e. hunting and sport-shooting). Thus making the issue of corresponding competency certificates for each category of firearm licence aligned with each of the stated periods.

Members will be informed of the legal position on the issues indicated as unclear in the sections above.