Competency certificates

(1) An application for a competency certificate to possess a firearm, to possess a muzzle loading firearm, to possess a firearm as a private collector in such specific category as may be prescribed, to trade in firearms, to manufacture firearms or to carry on business as a gunsmith must be delivered to the Designated Firearms Officer responsible for the area in which the applicant ordinarily resides or in which the applicant’s business is or will be situated, as the case may be.

[S 9(1) substituted by s 8 of Act 28 of 2006 with effect from 10 January 2011.]

(2) Where a person has not previously obtained a competency certificate, a competency certificate may only be issued to such person if he or she—

(a) is 21 years or older on the day the application is received by the Designated Firearms Officer;

(b) is a South African citizen or a holder of a permanent South African residence permit;

(c) is a fit and proper person to possess a firearm, to trade in firearms, to manufacture firearms or to conduct business as a gunsmith, as the case may be;

(d) is of stable mental condition and is not inclined to violence;

(e) is not dependent on any substance which has an intoxicating or narcotic effect;

(f) has not been convicted of any offence under or in terms of this Act or the previous Act and sentenced to a period of imprisonment without the option of a fine;

(g) has not been convicted, whether in or outside South Africa, of an offence involving the unlawful use or handling of a firearm by him or her or another participant to the offence, whether committed in or outside South Africa;

(h) has not been convicted, whether in or outside South Africa, of an offence involving—

(i) violence or sexual abuse, whether committed in or outside South Africa, and sentenced to a period of imprisonment without the option of a fine; or

(ii) physical or sexual abuse which occurred within a domestic relationship as defined in section 1 of the Domestic Violence Act, 1998 (Act 116 of 1998), whether committed in or outside South Africa;

(i) has not been convicted of fraud in relation to, or supplying false information for the purposes of, obtaining a competency certificate, licence, permit or authorisation in terms of this Act or the previous Act;

(j) has not been convicted, whether in or outside South Africa, of an offence involving the abuse of alcohol or drugs, whether committed in or outside South Africa, and sentenced to a period of imprisonment without the option of a fine;

(k) has not been convicted, whether in or outside South Africa, of an offence involving dealing in drugs, whether committed in or outside South Africa, and sentenced to a period of imprisonment without the option of a fine;

(l) has not been convicted of an offence in terms of the Domestic Violence Act, 1998 (Act 116 of 1998), and sentenced to a period of imprisonment without the option of a fine;

(m) has not been convicted of an offence involving the negligent handling of a firearm;

(n) has not been convicted of an offence in terms of the Explosives Act, 1956 (Act 26 of 1956), and sentenced to a period of imprisonment without the option of a fine;

(o) has not been convicted, whether in or outside South Africa, of an offence involving sabotage, terrorism, public violence, arson, intimidation, rape, kidnapping or child stealing, whether committed in or outside South Africa;

[S 9(2)(o) substituted by s 3 of Act 43 of 2003.]

(p) has not become or been declared unfit to possess a firearm in terms of this Act or the previous Act;

(q) has successfully completed the prescribed test on knowledge of this Act;

(r) has successfully completed the prescribed training and practical tests regarding the safe and efficient handling of a firearm; and

(s) has, where applicable, successfully completed the prescribed training and practical tests for firearms dealers, manufacturers, gunsmiths, security officers or other persons who use firearms in the course of their business.

(3) Any offence referred to in subsection (2) includes any conspiracy, incitement or attempt to commit such offence, and means an offence in respect of which—

(a) a court has not made a determination that the person is not unfit to possess a firearm despite the conviction; and

(b) the sentence has been complied with less than five years before the application for a competency certificate was received by the Designated Firearms Officer.

(4) The disqualification contemplated in subsection (2)(p) ends upon the expiry of a period of five years calculated from the date on which the person became or was declared unfit, or the expiry of the period for which the declaration is valid, whichever occurs first.

(5)

(a) Despite subsection (2)(a), the Registrar may allow a person under the age of 21 years to apply for a competency certificate if there are compelling reasons which require the person to obtain a competency certificate or licence to possess a firearm.

(b) Compelling reasons contemplated in paragraph (a) may include the fact that the applicant conducts a business, is gainfully employed, a dedicated hunter, a dedicated sports person or a private collector.

(6)

(a) Where a person has previously obtained a competency certificate, a further competency certificate may only be issued to such person if he or she satisfies such requirements as may be prescribed.

(b) The requirements contemplated in paragraph (a) may not be more onerous than those applicable to a person who has not previously obtained a competency certificate.

[S 9 commencement: 1 July 2004.]

(1) A competency certificate must specify—

(a) whether it relates to competency to—

(i) possess a firearm; (iA) possess a muzzle loading firearm;

[S 10(1)(a)(iA) inserted by s 9(a) of Act 28 of 2006 with effect from 10 January 2011.]

(iB) possess a firearm as a private collector in such specific category as may be prescribed;

[S 10(1)(a)(iB) inserted by s 9(a) of Act 28 of 2006 with effect from 10 January 2011.]

(ii) trade in firearms;

(iii) manufacture firearms; or

(iv) conduct business as a gunsmith; and

(b) all the relevant tests successfully completed by the holder.

(2) A competency certificate contemplated in subsection (1)(a)(i), (ii), (iii) and (iv), remains valid for the same period of validity as the period determined in this Act in respect of the licence to which the competency certificate relates, unless the competency certificate is terminated or renewed in accordance with the provisions of this Act.

[S 10(2) substituted by s 9(b) of Act 28 of 2006 with effect from 10 January 2011.]

(3) A competency certificate relating to a muzzle loading firearm lapses after ten years from its date of issue, unless the competency certificate is terminated or renewed in accordance with the provisions of this Act.

[S 10(3) inserted by s 9(c) of Act 28 of 2006 with effect from 10 January 2011.]

[S 10 commencement: 1 July 2004.]

(1) Any holder of a competency certificate contemplated in subsection (2) and section 9(1) and who wishes to renew the competency certificate must apply in the prescribed form to the Registrar for its renewal together with an application for the renewal of the licence to which the competency certificate relates.

(2) Any holder of a competency certificate relating to a muzzle loading firearm who wishes to renew the competency certificate must apply at least 90 days before the date of expiry of the competency certificate in the prescribed form to the Registrar for its renewal.

(3) The application for renewal of a competency certificate must be—

(a) accompanied by a declaration under oath or solemn statement made by the applicant in the prescribed form confirming that the applicant still conforms to the requirements of section 9(2); and

(b) delivered by the applicant to the Designated Firearms Officer responsible for the area in which the applicant ordinarily resides or in which the applicant’s business is situated, as the case may be.

(4) No application for the renewal of a competency certificate may be granted unless the applicant satisfies the Registrar that he or she still complies with the requirements for the issuing of a competency certificate in terms of this Act.

(5) The Registrar may grant or refuse the renewal of a competency certificate on the strength of the information and declaration provided by the applicant, but nothing in this section prevents the Registrar from exercising his or her powers in terms of section 124(3)(a), prior to granting or refusing the application.

(6) If an application for the renewal of a competency certificate has been lodged within the period provided for in subsection (2), the competency certificate remains valid until the application is decided.

(7) For the purposes of the renewal of a competency certificate an applicant does not have to comply again with the provisions of section 9(2)(q) and (r), unless the Registrar in a specific case, on good grounds being present, requires otherwise.

[S 10A inserted by s 10 of Act 28 of 2006 with effect from 10 January 2011.]