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4 Responses to “Field guides & lodge owners – proposed firearm amnesty!”

1. 

   Brendan
   

   04. Dec, 2009

   It is not surprising that the first public statements (9 November) announcing plans for a ‘firearm amnesty’ were somewhat confusing. So much so, that SAGA deemed it necessary to advise you to DO NOTHING until clarity was obtained. SAGA Trustee Bruce Shaw explained the problem/s to a ministry spokesman who undertook to issue a clear correction. Nothing happened until a correct Government Notice No 1112 was published on 25 November 2009.

   This Notice, which is now on SAGA’s website, has not (yet?) been expanded upon by ministry or police spokesmen.

   The paragraph: “Proper audit processes must be put in place to ensure the auditing of the records of all firearms surrendered in terms of this amnesty” needs some clarification. For the moment we must assume that full details of the firearm and of the person surrendering it must be recorded to facilitate investigations should there be suspicions that the firearm has been used in a crime.

   Note that in terms of the Firearms Control Act (Section 138), ‘amnesty’ means “an indemnity against prosecution for the unlawful possession of a firearm or ammunition”.

   Unlike the above definition, the Notice doesn’t say “a firearm or ammunition” but it is safe to assume that the SAPS will accept ammunition in preference to leaving anyone in unlawful possession.

   Although this is not spelt out in the Notice, the Act, or the Regulations, the amnesty does not provide for anonymity. This of course means that those who have been using stolen or otherwise unlicensed firearms in the commission of criminal acts, are rather unlikely to take advantage of the amnesty – it would be safer for them to anonymously toss the firearm into a waste bin, dam, or river.

   Once the SAPS have readied themselves to receive unlawful firearms, they will presumably make an effort to publicize the amnesty. Do not be surprised if, at the same time, they start encouraging (pressurizing) firearms owners to surrender ’surplus’ or ‘unwanted’ firearms at the same time. That’s your decision to make but, please don’t be conned into believing that, because you failed to renew your ‘old’ Arms & Ammunition Act licence, you are in unlawful possession and have to take advantage of the amnesty.

   All those ‘old’ licences remain valid at least until after the North Gauteng High Court decides otherwise.
2. 

   leammasmarort
   

   12. Dec, 2009

   Stunning, kinda cool topic. I’m goin to blog about it as well!
3. 

   Brendan
   

   15. Dec, 2009

   This has been a busy year for firearm owners and 2010 looks to be no different. With your support, however, we will continue the battle over firearm ownership rights and for fair and reasonable treatment.

   If you responded to our request for evidence of poor service from the SAPS/CFR by submitting details of your problems – thank you. We have received hundreds of returns and have been working on analyzing and summarizing them for use as “evidence” in court. Please note that it was never our intention to provide assistance with individual cases – the volumes are far too high.

   ADMINISTRATION
   The SAGA Administration Office will be closed from midday today, Tuesday 15 December 2009 and will reopen on Monday 11 January 2010.

   Kind regards and best wishes for a prosperous and safe 2010.

   SAGA Trustees, Staff and Volunteers

   Issued by: The SAGA Office tel +27 31 5629951 fax: +27 31 5620530
4. 

   Brendan
   

   23. Dec, 2009

   Latest SAGA update:

   We include below Government Notice No 1202 dated 14 December 2009 for your information and action if applicable.

   Briefly, before consigning firearms surrendered or forfeited under Section 136 of the Act to the furnaces, the Commissioner of Police wants those persons who believe they have a valid claim to such firearms/ammunition to give him reason not to destroy them.

   As the timing (over the holidays when legal advisors are hard to reach) and the short notice given is unreasonable, the SAPS should be a little flexible about deadlines but we recommend that those of you who wish to make representations try not to rely on this possibility.

   At this stage there is no indication as to what the Commissioner would consider to be a ‘valid claim’ or ‘adequate representations’, but given his stated desire to remove as many firearms as possible from circulation, it is unlikely that he will be easy to convince.

   We will circulate useful information on the subject as and when it becomes available.

   GOVERNMENT GAZETTE, 14 DECEMBER 2009
   No. 32812
   GOVERNMENT NOTICE
   SOUTH AFRICAN POLICE SERVICE
   No. 1202
   14 December 2009

   NOTICE UNDER SECTION 136(1) OF THE FIREARMS CONTROL ACT: DESTRUCTION OF FIREARMS

   By virtue of the powers vested in me by section 136(1) of the Firearms Control Act, 2000 (Act No. 60 of 2000), I, Bheki Hamilton Cele, National Commissioner of the South African Police Service, in my capacity as Registrar of Firearms as contemplated in section 123 of the said Act, hereby give notice that the State intends to destroy all firearms and ammunition that were voluntarily surrendered to or forfeited to the State.

   In terms of section 136(2) of the Firearms Control Act, 2000, any person who has a valid claim to such firearm or ammunition may, within 21 days after the date of publication of this notice, make representations to me as to why such firearms or ammunition should not be destroyed, The representation’s must contain full information of the firearm, the owner of the firearm, and the police station where the firearm and ammunition were voluntarily surrendered or forfeited. Any such presentations must, within the stipulated period, reach me at the following address;

   By Post: The National Commissioner
   (Registrar of Firearms)
   South African Police Service
   Private Bag x 811
   PRETORIA
   0001

   By Hand: The National Commissioner
   (Registrar of Firearms)
   Veritas Building
   Volkstem Lane
   PRETORIA
   0001

   Fax No. (012) 363 6269/6036