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Having a firearm is a huge responsibility, and you have to ensure compliance with the Firearms Control Act 60 of 2000. You have a right to protect yourself. If you need to carry a weapon in South Africa, then some laws govern what privilege applies. 

SA’s current firearms regulatory framework includes the Firearms Control Act (FCA) and subsidiary legislation. According to Ranyati Firearm Motivations, the framework has strict and essential requirements to allow you to obtain a Competency Certificate, licence, permit or authorisation to own, deal with or use your firearm.

If you are an applicant, fitness and health well-being are relevant. You also cannot possess a firearm if you have recent convictions or are unstable and have a propensity towards violence. 

You can apply for a firearm licence for self-defence. This allows you to own one firearm under Section 13 of the Firearms Control Act. The firearm must be a fully automatic handgun or shotgun. This firearm may only be used as protection from an attacker. 

Below, we look at just a few sections of the Firearms Control Act 60 of 2000 and its different amendments. The Act is very comprehensive, so for a complete overview, read here.

The Act consists of the Firearms Control Act of 2000 (FCA), and its subsidiary legislation, the Firearms Control Regulations (FCA Regulations). Firearms were regulated via the Arms and Ammunition Act 75 of 1969 (the 1969 AAA) before these laws took effect in 2004. 

The designated regulatory authority is the National Commissioner of the South African Police Service, also functioning as the National Commissioner of Registrar of Firearms (the Registrar).

Security Guards Section 21 or Regulation 21 

People who work in security or other private companies that require carrying a firearm are governed by Regulation 21. 

Regulation 21 of the Firearms Control Act dictates that any person working with a company firearm who possesses the qualification to use any gun for business purposes has to undergo constant assessment every year. Within these assessments, they must complete a formative evaluation (theoretical open book exam) and the qualification to shoot for business purposes.

Individuals not already possessing a Certificate for Handle, but use a handgun, shotgun, self-loading rifle, or manual-loading rifle for business purposes, must also first undergo training. Regulation 21 training is only a refresher course, and is not a replacement for or substitute for the whole qualification, which requires prescribed training at an accredited institution, as well as a theory-based test.

License For Private Collection 

You may apply for a Firearm Licence for Private Collection, however the gun must be approved for collection by an accredited collectors association.  The applicant must be a member of a certified collectors association and the license application is to be accompanied by a sworn statement or solemn declaration from the association’s chairperson. They verify the applicant’s membership according to the Act. The firearm in question must then be over fifty years old and have an attribute of collectability.

These attributes are:

• Historical significance, 
• Cultural significamce, 
• Artistic value, and 
• Technological, heritage, or scientific value.

This license type is issued for a ten-year term and may be renewed if the licensee complies with all applicable requirements.

The FCA and FCA Regulations impose stringent safety requirements. Licensees must store the firearm in a specified place. The licensee may put the gun on public display provided that:

(a) said firearm is unloaded.

(b) said firearm, if a handgun, is displayed in a lockable display cabinet.

(c) if a firearm is on open display, it must be rendered inoperable using a secure locking device.

(d) the firearm is securely attached to a non-portable structure.

(e) the firearm is not displayed or near readily accessible to ammunition.

Licence Termination 

Licenses may be terminated under varying circumstances, including if: 

• The holder surrenders it, and the license is cancelled under provisions of the FCA. 
• The license holder “becomes or is declared unfit to possess a firearm.”

The Registrar has the power to declare someone unfit if a final protection order has been issued against them under the Domestic Violence Act. 

This Act aims to amend the Domestic Violence Act of 1998 by adjusting and inserting specific definitions. The Act regulates protection orders to respond to domestic violence actions that include the use of firearms.

In addition, a conviction for certain crimes renders one unfit to possess a firearm unless the court that convicted the person says otherwise.

Once declared unfit, a person’s competency certificates, licenses, authorisations, and permits are automatically terminated.  In this situation, a person must immediately surrender any competency certificates, licenses, authorisations, and permits to the nearest police station. If appealed, the termination will stand until ruled otherwise.

Selling Firearms

There are several essential duties associated with a dealer’s license, including:

• Following specific record-keeping requirements;
• Keeping a register of every firearm;
• Keeping a record of all ammunition in stock in a Firearms Stock Register and an Ammunition Stock Register;
• Keeping a record in a separate Firearms Safe Custody Register of all the firearms received and held on behalf of any licensee;
• Establishing a workstation linking all registers to the central dealers’ database established by the Registrar; and
• Making available any firearm or ammunition in stock, their dealer’s license, and whatever register they keep for inspection by any police official.  

Obtaining a firearm license is a big decision and a long process of checks, tests and verification. The above is but a small extract of the vastness of The Firearms Control Act 60 of 2000.

Remember that a license is necessary for every single firearm you own. You also need to renew your license 90 days before the license date expires.

Having a gun is a right, but more importantly, it is a responsibility.