Expired Firearm Licences Are Now Valid

The North Gauteng High Court today ruled in favour of the Applicant (SA Hunters) regarding the expired firearm licence case.

The court’s order is as follows:

  • Sections 24 and 28 of the Firearms Control Act of 2000 are declared unconstitutional.
  • Parliament is given 18 months in order to amend the Act and bring it in line with the Constitution.
  • All firearm licences issued in terms of the FCA of 2000 which were or are due for renewal are to remain valid.

The implications of the order are potentially far-reaching, and will only become obvious with time.

For the next 18 months, or until Parliament succeeds at rectifying the renewal provisions in the Act, it will not be possible nor necessary for anyone to renew a firearms licence.

The judgement (provided below) makes for interesting reading in itself. It is marked as reportable and of interest to other judges, and there is a recurring theme that “the papers attest to a narrative of a chaotic and dysfunctional system of licencing and administration of firearms” which runs throughout the entire judgement. Key indicators of judicial displeasure are words used by Judge Tolmay, for example using “insurmountable” to describe the problems attendant to the administration of the Act.

This is a significant victory for the entire firearm-owning community in South Africa, and it is strangely apt that it should occur on the 4th of July. This event is a significant step forward in our collective struggle against unworkable, arbitrary, inefficient, and unreasonable regulation.

We would like to congratulate the principles of the various cases (SA Hunters, Fidelity Security Services, and SAADA), their supporting organisations (SAGA in the case of SAHGCA, and GOSA in the case of SAADA), and their legal counsel.

Those of you who have handed firearms in to the SAPS because your licences have expired would do well to go and retrieve your lawful property as soon as possible.

We expect the South African Police Service to adhere to the order and obey the law, as is expected from the upholders of law and order in the Republic.

This outcome presents unique opportunities to us all to influence the future of gun ownership in South Africa. If you have not already become involved in the fight for your rights, the time is now.

Gideon Joubert / Gun Owners of South Africa


NGHC Judgement

 

36 thoughts on “Expired Firearm Licences Are Now Valid

  1. Just today 4th July 2017 received my hand gun licence for which I applied a year ago at Boksburg North Police Station. I was not notified but as I was there on other business inquired pertaining the licence and it was there.

    Liked by 1 person

  2. My Firearm licence expired in March 2012.
    What can I do in order not to loose my gun.
    Can you please assist me.

    Like

    • Anil read the artical carefully all gun licences are now valid in SA. Especially if like myself you followed law requirement s back then and went on the card sysetem.. JD

      Like

  3. Good morning.

    May I ask you a question regarding application to possess a firearm?

    Kind regards

    Petri Scholtz

    Get Outlook for Android

    ________________________________

    Like

  4. May my husband contact you regarding conflicting information he has received from the police starion due to his license been stolen

    Like

  5. Hi All

    Thanks for the feedback. It is ideed a good win.

    What would the effect be on the competency of the weapon? Does this have to be renewed?

    Regards

    Leon

    Like

  6. Thanks for the update guys,
    I have been armed robbed in 2011 and subsequently lost my license (white card)
    . When I completed forms for a replacement card it was said that my license expired and would need to reapply. I have done so and after numerous follow ups with Saps, only received a sms to advise me that my license has not been issued. They have issued my competency though. Will appreciate some guidance to resolved this issue as I am still in possession of my firearm.

    Like

  7. Please clarify the following:-
    I read a summary of the Judgement and have 2 concerns – 1. The constitutional court still has to confirm the decision that sections 24 and 28 unconstitutional and that parliament must amend the act. 2. The SAPS have appealed the matter. Are we still allowed to carry and use or firearm pending the outcome of the above.
    Your input is greatly appreciated.

    Like

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