07/09/2022
! EXPIRED FIREARM LICENCES!
Let's take a look at practical considerations for persons with expired firearm licences still in possession of the fi****ms which licences have expired.
The recent SAPS directive flowing from the Constitutional Court judgment in the Fidelity matter enables expired firearm licence holders to again lawfully align their firearm ownership and possession with the Fi****ms Control Act 60 of 2000 without having to surrender their fi****ms to SAPS.
The directive is clear in stating that:
1. Persons may apply for NEW licences for their expired licence fi****ms ;
2. Such fi****ms do not have to be surrendered to SAPS as with the recent Amnesties of 2020 and 2021.
Practically :
1. Before applying for licences for such expired licence fi****ms - expired licence firearm holders MUST renew their SAPS competencies (unless they have valid competencies for the particular category of licence which has expired ie handgun, rifle, shotgun and / or Self-loading Carbine);
2. Upon receiving a renewed SAPS competency - Applicants must approach their DFO's with:
A. A complete application bundle for a new firearm licence (SAPS271 Form, Motivation and supporting documents); and
B. The firearm which is the subject of the application (with its expired licence) for "verification" purposes.
3. DFO's will then issue a "Certificate of Verification" upon having inspected the firearm which is the subject of the new application and have been instructed to process and capture the new applications as in the ordinary course of licensing ;
4. Throughout the duration of the licence application(s), such expired licence firearm(s) must be stored in the safekeeping facilities of the expired firearm licence holders until a new licence is conferred upon them by CFR (in line with Regulation 86 of the Fi****ms Control Act Regulations of 2004).
I further recommend that the "Verification Certificate" and proof of payment (receipt) issued by SAPS upon application is stored in the safe with the firearm that it relates to.
Further, I recommend making the firearm safe before it is presented to DFOs for verification (unloaded upon presentation).
It is important to note that at this stage it SEEMS that these fi****ms may not be used during the storage period (whilst waiting for a licence to be issued in respect of the expired licence firearm). The permit issued with the verification certificate is essentially a modified storage permit specifically referencing reg 86, so basically the same as a SAPS 539 Storage Permit.
Further - there have been many enquiries as to whether third parties may apply for licences in respect of other expired licence firearm owners' fi****ms. This does not seem to be the case at present.
Estate fi****ms which licences expired prior to the passing of the deceased may now be applied for in the ordinary course and must be stored in line with Executor provisions as per the Act. It is recommended that the Executor accompanies the Applicant to the DFO for "verification" purposes and to return the firearm to safekeeping after the application has been lodged (questions of lawful possession playing a role here).
Licences that expired after the passing of the deceased remain subject to normal Estate Fi****ms procedure.
For more guidance and clarity pop me an email at [email protected].
KNM Solutions.
Be Informed Always!
