Offences, penalties and administrative fines

(1) A person is guilty of an offence if he or she contravenes or fails to comply with any—

(a) provision of this Act;

[S 120(1)(a) commencement: 1 June 2001.]

(b) condition of a licence, permit or authorisation issued or granted by or under this Act; or

(c) provision, direction or requirement of a notice issued under this Act.

[S 120(1)(c) commencement: 1 June 2001.]

(2)

(a) Any person who is aware of the existence of a firearm or ammunition that is not in the lawful possession of any person and fails to report the location of the firearm or ammunition to a police official without delay, is guilty of an offence.

Uncommenced amendment

(a) Any person who is aware of the existence of a firearm, muzzle loading firearm or ammunition that is not in the lawful possession of any person and fails to report the location of the firearm, muzzle loading firearm or ammunition to a police official without delay, is guilty of an offence.

[S 120(2)(a) substituted by s 39(a) of Act 28 of 2006 with effect from date to be proclaimed.]

(b) A police official to whom a person has made a report contemplated in paragraph (a), must immediately provide the person with written proof that the report has been made or, in the case of a telephonic or similar report, with the official reference number of the report.

(3) It is an offence to—

(a) cause bodily injury to any person or cause damage to property of any person by negligently using a firearm, an antique firearm or an airgun;

(b) discharge or otherwise handle a firearm, an antique firearm or an airgun in a manner likely to injure or endanger the safety or property of any person or with reckless disregard for the safety or property of any person; or

(c) have control of a loaded firearm, an antique firearm or an airgun in circumstances where it creates a risk to the safety or property of any person and not to take reasonable precautions to avoid the danger.

Uncommenced amendment

(3) It is an offence to—

(a) cause bodily injury to any person or cause damage to property of any person by negligently using a firearm, muzzle loading firearm or an airgun;

(b) discharge or otherwise handle a firearm, a muzzle loading firearm or an airgun in a manner likely to injure or endanger the safety or property of any person or with reckless disregard for the safety or property of any person; or

(c) have control of a loaded firearm, a muzzle loading firearm or an airgun in circumstances where it creates a risk to the safety or property of any person and not to take reasonable precautions to avoid the danger.

[S 120(3) substituted by s 39(b) of Act 28 of 2006 with effect from date to be proclaimed.]

(4) It is an offence to handle a firearm, an antique firearm or an airgun while under the influence of a substance which has an intoxicating or a narcotic effect.

Uncommenced amendment

(4) It is an offence to handle a firearm, a muzzle loading firearm or an airgun while under the influence of a substance which has an intoxicating or a narcotic effect.

[S 120(4) substituted by s 39(b) of Act 28 of 2006 with effect from date to be proclaimed.]

(5) A person is guilty of an offence if he or she gives control of a firearm, an antique firearm or an airgun to a person whom he or she knows, or ought reasonably to have known—

Uncommenced amendment

(5) A person is guilty of an offence if he or she gives control of a firearm, a muzzle loading firearm or an airgun to a person whom he or she knows, or ought reasonably to have known— [S 120(5), words preceding (a), substituted by s 39(c) of Act 28 of 2006 with effect from date to be proclaimed.]

(a) to be mentally ill; or

(b) to be under the influence of a substance which has an intoxicating or a narcotic effect.

(6) It is an offence to point—

(a) any firearm, an antique firearm or an airgun, whether or not it is loaded or capable of being discharged, at any other person, without good reason to do so; or

(b) anything which is likely to lead a person to believe that it is a firearm, an antique firearm or an airgun at any other person, without good reason to do so.

Uncommenced amendment

(6) It is an offence to point—

(a) any firearm, a muzzle loading firearm or an airgun, whether or not it is loaded or capable of being discharged, at any other person, without good reason to do so; or

(b) anything which is likely to lead a person to believe that it is a firearm, a muzzle loading firearm or an airgun at any other person, without good reason to do so.

[S 120(6) substituted by s 39(d) of Act 28 of 2006 with effect from date to be proclaimed.]

(7) It is an offence to discharge a firearm, an antique firearm or an airgun in a built-up area or any public place, without good reason to do so.

[S 120(7) substituted by s 15(a) of Act 43 of 2003.]

Uncommenced amendment

(7) It is an offence to discharge a firearm, a muzzle loading firearm or an airgun in a built-up area or any public place, without good reason to do so.

[S 120(7) substituted by s 39(d) of Act 28 of 2006 with effect from date to be proclaimed.]

(8) A person is guilty of an offence if he or she—

(a) fails to lock away his or her firearm or a firearm in his or her possession in a prescribed safe, strong-room or device for the safe-keeping when such firearm is not carried on his or her person or is not under his or her direct control; or

(b) loses a firearm, or is otherwise dispossessed of a firearm owing to that person’s failure to—

(i) lock the firearm away in a prescribed safe, strong-room or device for the safekeeping of a firearm;

(ii) take reasonable steps to prevent the loss or theft of the firearm while the firearm was on his or her person or under his or her direct control; or

(iii) keep the keys to such safe, strong-room or device in safe custody.

(9) It is an offence to—

(a) add any word, figure or letter to a competency certificate, licence, permit or authorisation as issued, without the Registrar’s permission;

(b) alter or erase any word, figure or letter on or from any competency certificate, licence, permit or authorisation, without the Registrar’s permission;

[S 120(9)(b) substituted by s 15(a) of Act 43 of 2003.]

(c) use or possess any competency certificate, licence, permit or authorisation—

(i) to which any words, figures or letters have been unlawfully added;

(ii) from which any words, figures or letters have been unlawfully erased; or

(iii) on which any words, figures or letters have been unlawfully altered;

(d) part with a competency certificate, licence, permit or authorisation in order that it may be used by any person other than the person to whom it was issued or granted;

(e) use a competency certificate, licence, permit or authorisation issued in the name of another person to procure possession of a firearm or ammunition;

Uncommenced amendment

(e) use a competency certificate, licence, permit or authorisation issued in the name of another person to procure possession of a firearm, muzzle loading firearm or ammunition;

[S 120(9)(e) substituted by s 39(e) of Act 28 of 2006 with effect from date to be proclaimed.]

(f) supply particulars, information or answers in an application for a competency certificate, licence, permit or authorisation in terms of this Act, knowing them to be false, incorrect or misleading or not believing them to be correct;

(g) make a false entry in a register which is required to be kept in terms of this Act; or

(h) furnish false information in any return required to be submitted in terms of this Act.

(10) It is an offence to—

(a) sell, supply or in any other manner give possession of a firearm or ammunition to a person who is not allowed in terms of this Act to possess that firearm or ammunition; or

Uncommenced amendment

(a) sell, supply or in any other manner give possession of a firearm, muzzle loading firearm or ammunition to a person who is not allowed in terms of this Act to possess that firearm, muzzle loading firearm or ammunition; or

[S 120(10)(a) substituted by s 39(f) of Act 28 of 2006 with effect from date to be proclaimed.]

(b) be in possession of any firearm, airgun, deactivated firearm, muzzle loading firearm, or imitation firearm, with intent to commit an offence or to use the firearm, airgun, deactivated firearm, muzzle loading firearm, or imitation firearm to resist arrest or prevent the arrest of another person.

[S 120(10)(b) substituted by s 6(a) of Act 15 of 2013.]

Uncommenced amendment

(b) be in possession of any firearm, imitation firearm, muzzle loading firearm or ammunition, with intent to commit an offence or to use the firearm, an imitation firearm or muzzle loading firearm to resist arrest or prevent the arrest of another person.

[S 120(10)(b) substituted by s 39(f) of Act 28 of 2006 with effect from date to be proclaimed.]

(10A) In determining whether a person intends to use the firearm, airgun, deactivated firearm, muzzle loading firearm or imitation firearm to commit an offence, all relevant factors, including, but not limited to, the following must be taken into account—

(a) the place and time where the person is found;

(b) the behaviour of the person, including the making of any threat or the display of intimidatory behaviour;

(c) the manner in which the firearm, airgun, deactivated firearm, muzzle loading firearm or imitation firearm is carried or displayed;

(d) whether the possession of the firearm, airgun, deactivated firearm, muzzle loading firearm or imitation firearm was within the context of drug dealing, gang association, organised crime or any other criminal activity; or

(e) any other relevant factors, including any explanation the person may wish to provide for his or her possession of the firearm, airgun, deactivated firearm, muzzle loading firearm or imitation firearm: Provided that this paragraph shall not be interpreted as an obligation on the person to explain his or her possession of the firearm, airgun, deactivated firearm, muzzle loading firearm or imitation firearm.

[S 120(10A) inserted by s 6(b) of Act 15 of 2013.]

(10B) The provisions of subsection (10)(b) do not apply to the following activities—

(a) the pursuit of any lawful employment, duty or activity;

(b) the participation in any cultural or religious activities, or lawful sport, recreation, or entertainment; or

(c) the legitimate collection, display or exhibition of a firearm, airgun, deactivated firearm, muzzle loading firearm or imitation firearm.

[S 120(10B) inserted by s 6(b) of Act 15 of 2013.]

(11) Any holder of a licence, permit or authorisation to possess a firearm, and any other person who was in possession of or who had control of a firearm when it was lost, stolen or destroyed and who fails to report the loss, theft or destruction to the police station nearest to the place where it occurred, within 24 hours after having become aware of the loss, theft or destruction of the firearm, is guilty of an offence.

(12) It is an offence to obstruct or hinder any person in the exercise of any power or the performance of any duty in terms of this Act.

[S 120 commencement: 1 July 2004, except s 120(1)(a) and (c): 1 June 2001.]

Any person convicted of a contravention of or a failure to comply with any section mentioned in Column 1 of Schedule 4, may be sentenced to a fine or to imprisonment for a period not exceeding the period mentioned in Column 2 of that Schedule opposite the number of that section.

[S 121 commencement: 1 June 2001.]

(1) If a person is alleged to have committed an offence contemplated in section 120 for which that person may be sentenced to a fine or imprisonment for a period not exceeding five years in terms of section 121, the Registrar may cause to be delivered by hand to that person (hereinafter referred to as the infringer) an infringement notice which must contain the particulars contemplated in subsection (2).

(2) A notice referred to in subsection (1) must—

(a) specify the name and address of the infringer;

(b) specify the particulars of the alleged offence;

(c) specify the amount of the administrative fine payable, which—

(i) if the period contemplated in subsection (1) does not exceed two years, may, in respect of a first infringement, not exceed R5 000 and, in respect of a second or subsequent infringement, not exceed R10 000;

(ii) if the period contemplated in subsection (1) does not exceed three years, may, in respect of a first infringement, not exceed R15 000 and, in respect of a second or subsequent infringement, not exceed R30 000;

(iii) if the period contemplated in subsection (1) does not exceed four years, may, in respect of a first infringement, not exceed R20 000 and, in respect of a second or subsequent infringement, not exceed R40 000; or

(iv) if the period contemplated in subsection (1) does not exceed five years, may, in respect of a first infringement, not exceed R50 000 and, in respect of a second or subsequent infringement, not exceed R100 000;

(d) inform the infringer that, not later than 30 days after the date of service of the infringement notice, the infringer may—

(i) pay the administrative fine;

(ii) make arrangements with the Registrar to pay the administrative fine in instalments; or

(iii) elect to be tried in court on a charge of having committed the alleged offence; and

(e) state that a failure to comply with the requirements of the notice within the time permitted, will result in the administrative fine becoming recoverable as contemplated in subsection

(4).

(3) If an infringer elects to be tried in court on a charge of having committed the alleged contravention or failure, the Registrar must hand the matter over to the prosecuting authority and inform the infringer accordingly.

(4) If an infringer fails to comply with the requirements of a notice, the Registrar may file with the clerk or registrar of any competent court a statement certified by him or her as correct, setting forth the amount of the administrative fine payable by the infringer, and such statement thereupon has all the effects of a civil judgment lawfully given in that court in favour of the Registrar for a liquid debt in the amount specified in the statement.

(5) The Registrar may not impose an administrative fine contemplated in this section if the person concerned has been charged with a criminal offence in respect of the same set of facts.

(6) No prosecution may be instituted against a person if the person concerned has paid an administrative fine in terms of this section in respect of the same set of facts.

(7) An administrative fine imposed in terms of this section does not constitute a previous conviction as contemplated in Chapter 27 of the Criminal Procedure Act, 1977 (Act 51 of 1977).

[S 122 commencement: 1 July 2004.]