Licences issued to particular categories of persons - dealers,

(1) No person may trade in any firearm, muzzle loading firearm or ammunition without a dealer’s licence.

(2) Subject to subsection (3), a person who is not a dealer may dispose of a firearm, muzzle loading firearm or ammunition only through a dealer or as otherwise provided for in this Act.

(3) A person who wishes to sell or donate a firearm, or a muzzle loading firearm, or ammunition in a collection, to a willing buyer or donee, as the case may be, may do so without the intervention of a dealer, subject to the provisions relating to possession thereof in the Act, and such conditions as may be prescribed.

[S 31 substituted by s 19 of Act 28 of 2006 with effect from 1 March 2012.]

(1) A dealer’s licence may be issued to a person who is a fit and proper person to trade in firearms or ammunition.

(2) Any natural person who engages in trading on behalf of a dealer must hold a competency certificate to trade in firearms and ammunition.

[S 32 commencement: 1 July 2004.]

The Minister may prescribe—

(a) conditions in respect of the issue of a dealer’s licence which the Registrar may impose on a dealer; and

(b) specifications in respect of the business premises of a dealer.

[S 33 commencement: 1 July 2004.]

The dealer’s licence must—

(a) specify the premises in respect of which the licence is issued;

(b) specify the conditions contemplated in section 33; and

(c) contain such other information as may be prescribed.

[S 34 commencement: 1 July 2004.]

(1) The holder of a dealer’s licence who wishes to renew the licence must at least 90 days before the date of expiry of the licence apply in the prescribed form to the Registrar for its renewal.

(2) The application must be—

(a) accompanied by such information as may be prescribed; and

(b) delivered to the Designated Firearms Officer responsible for the area in which the applicant’s business premises are situated.

(3) No application for the renewal of a dealer’s licence may be granted unless the applicant satisfies the Registrar that he or she still complies with the requirements for the licence in terms of this Act.

(4) If an application for the renewal of a dealer’s licence has been lodged within the period provided for in subsection (1), the licence remains valid until the application is decided.

[S 35 commencement: 1 July 2004.]

(1) The Registrar may issue a temporary authorisation to a dealer to trade in firearms and ammunition at premises other than those specified in the dealer’s licence.

(2) The Minister may prescribe conditions which the Registrar may impose on a licensed dealer in respect of a temporary authorisation issued in terms of this section.

(3) A temporary authorisation to trade in firearms and ammunition must specify the—

(a) premises in respect of which it is issued;

(b) period for which it is issued; and

(c) conditions subject to which it is issued.

(4) The Registrar may at any time, by written notice, withdraw an authorisation issued in terms of this section.

(5) The Office of the Central Firearms Register must keep a record of prescribed information in respect of all authorisations issued in terms of this section.

(6) A dealer to whom a temporary authorisation has been issued must comply with the requirements of subsection (3).

[S 36 commencement: 1 July 2004.]

(1) A dealer may apply to the Registrar in the prescribed manner for removal of the business from the premises specified in the licence to different premises.

(2) On receipt of the application referred to in subsection (1), the Registrar may endorse the licence or issue a new licence permitting the dealer to conduct the business from the new premises on such conditions as the Registrar may impose.

[S 37 commencement: 1 July 2004.]

(1) The holder of a dealer’s licence must notify the Registrar in writing within 30 days if there is any change with regard to any information which was submitted in respect of the application for the issue of that licence.

(2) The Registrar must within 30 days after receiving a notice referred to in subsection (1) acknowledge receipt of that notice in writing.

[S 38 commencement: 1 July 2004.]

(1) A dealer may trade in firearms or ammunition only on premises specified in the dealer’s licence.

(2) A dealer may not permit any person to trade in firearms or ammunition on his or her behalf unless that person is in possession of the appropriate competency certificate.

(3) A dealer must keep such registers as may be prescribed and containing such information as may be prescribed at the premises specified in the dealer’s licence.

(4) A dealer must keep his or her dealer’s licence on the premises specified in the licence.

(5) A dealer must, at the request of any police official, produce for inspection—

(a) any firearms or ammunition that the dealer may have in stock;

(b) his or her dealer’s licence; and

(c) any register or electronic data kept by the dealer in terms of Part 1 of this Chapter.

(6) A dealer must establish and maintain a workstation which links the registers referred to in subsection (3) to the central dealers database in the prescribed manner.

(7) The Registrar may, on good cause shown on application by a dealer, exempt the dealer from the duties referred to in subsection (6).

(8) Any dealer exempted as contemplated in subsection (7) must submit weekly returns, completed in the prescribed form, to the Office of the Central Firearms Register.

(9) A dealer must comply with any condition imposed under section 33 and specification prescribed under that section.

[S 39 commencement: 1 July 2004.]

The Registrar must establish and maintain such central dealers’ database as may be prescribed.

[S 40 commencement: 1 July 2004.]

(1) The Registrar may suspend a dealer’s licence if the Registrar has information in a sworn statement or on solemn declaration that the dealer has committed an offence in terms of this Act for which a sentence of imprisonment for a period of five years or more may be imposed.

(2) A licence may be suspended for not more than seven days without affording the holder of the licence a hearing.

(3) A suspension may endure for a period longer than seven days if the—

(a) holder has been afforded an opportunity to make written representations to the Registrar;

(b) Registrar has given due consideration to the representations;

(c) Registrar deems it necessary in order to achieve the objects of this Act; and

(d) suspension has been confirmed by a court.

(4) A dealer may not trade for the period during which the licence is suspended.

[S 41 commencement: 1 July 2004.]

(1) A dealer’s licence terminates—

(a) upon the expiry of one year from the date on which it was issued;

Uncommenced amendment

(a) upon the expiry of five years from the date on which it was issued;

[S 42(1)(a) substituted by s 20 of Act 28 of 2006 with effect from date to be proclaimed.]

(b) if surrendered by the dealer to the Registrar;

(c) if the holder of the licence becomes or is declared unfit to possess a firearm in terms of section 102 or 103; or

(d) if cancelled in terms of this Act.

(2) The Registrar may, by written notice, cancel a dealer’s licence if the holder of the licence—

(a) no longer qualifies to hold the licence; or

(b) has contravened or failed to comply with any provision of this Act or any condition specified in the licence.

(3) A notice contemplated in subsection (2) may only be issued if the Registrar has—

(a) given the holder 30 days notice in writing to submit written representations as to why the licence should not be cancelled; and

(b) duly considered any representations received and all the facts pertaining to the matter.

(4)

(a) If a notice contemplated in subsection (2) is issued, the former holder of the licence must dispose of any firearms and ammunition in his or her possession through a dealer or in such manner as the Registrar may determine.

(b) The disposal must take place within 60 days after receipt of the notice.

(5) If the firearms and ammunition are not disposed of within 60 days they must be forfeited to the State and the former holder of the licence must surrender them immediately at such place and in such manner as the Registrar may determine.

(6) Any period contemplated in this section may be extended by the Registrar on good cause shown.

[S 42 commencement: 1 July 2004.]

A licence issued in terms of Part 1 of this Chapter does not exempt the holder of the licence from having to comply with the provisions of any other law.

[S 43 commencement: 1 July 2004.]

(1) If a dealer’s licence is lost or stolen, the holder of the licence must inform the Registrar within 24 hours of the discovery of the loss or theft.

(2) If a dealer’s licence is defaced, lost or stolen, the holder of the licence must within seven days of the discovery of the defacement, loss or theft apply to the Registrar in the prescribed manner for a copy of the licence.

[S 44 commencement: 1 July 2004.]

Part 2

Manufacturers

(1) No person may manufacture any firearm or ammunition without a manufacturer’s licence.

(2) A manufacturer may only sell firearms and ammunition to a dealer or to the State, and may export firearms and ammunition subject to section 73(1).

[S 45 commencement: 1 July 2004.]

Uncommenced amendment

(1) A manufacturer’s licence may be issued to a person who is a fit and proper person to manufacture firearms or ammunition.

(2) The Registrar may only issue a manufacturer’s licence to—

(a) a manufacturer of firearms if the firearms are manufactured in a factory registered in terms of the Occupational Health and Safety Act, 1993 (Act 85 of 1993); or

(b) a manufacturer of ammunition if the ammunition is manufactured in a factory licensed in terms of the Explosives Act, 1956 (Act 26 of 1956).

[S 46 commencement: 1 July 2004.]

The Minister may prescribe—

(a) conditions in respect of the issue of a manufacturer’s licence which the Registrar may impose on a manufacturer; and

(b) specifications in respect of the business premises of a manufacturer.

[S 47 commencement: 1 July 2004.]

A manufacturer’s licence must—

(a) specify the premises in respect of which the licence is issued;

(b) specify the conditions contemplated in section 47 which are to apply; and

(c) contain such other information as may be prescribed.

[S 48 commencement: 1 July 2004.]

(1) The holder of a manufacturer’s licence who wishes to renew the licence must apply to the Registrar for its renewal in the prescribed form at least 90 days before the date of expiry of the licence.

(2) The application must be—

(a) accompanied by such information as may be prescribed; and

(b) delivered to the Designated Firearms Officer responsible for the area in which the applicant’s business premises are situated.

(3) No application for renewal of a manufacturer’s licence may be granted unless the applicant satisfies the Registrar that he or she has continued to comply with the requirements for the licence in terms of this Act.

(4) If an application for the renewal of a manufacturer’s licence has been lodged within the period provided for in subsection (1), the licence remains valid until the application is decided.

[S 49 commencement: 1 July 2004.]

(1) The Registrar may issue a temporary authorisation to a manufacturer to display firearms and ammunition at premises other than those specified in the manufacturer’s licence.

(2) The Minister may prescribe conditions which the Registrar may impose on a manufacturer in respect of a temporary authorisation issued in terms of this section.

(3) A temporary authorisation to display firearms and ammunition must specify—

(a) the premises in respect of which it is issued;

(b) the period for which it is issued; and

(c) any conditions subject to which it is issued.

(4) The Registrar may at any time, by written notice, withdraw an authorisation issued in terms of this section.

(5) The Office of the Central Firearms Register must keep a record of prescribed information in respect of all authorisations issued in terms of this section.

(6) A manufacturer to whom a temporary authorisation has been issued must comply with the requirements of subsection (3).

[S 50 commencement: 1 July 2004.]

(1) A manufacturer may apply to the Registrar in the prescribed manner for removal of the business from the premises specified in the licence to different premises.

(2) On receipt of the application referred to in subsection (1), the Registrar may endorse the manufacturer’s licence or issue a new licence permitting the manufacturer to conduct business from the new premises on such conditions as the Registrar may impose.

(3) Section 46(2) applies with the necessary changes to an application in terms of this section.

[S 51 commencement: 1 July 2004.]

(1) The holder of a manufacturer’s licence must notify the Registrar in writing within 30 days if there is any change with regard to any information which was submitted in respect of the application for the issue of that licence.

(2) The Registrar must within 30 days after receiving a notice referred to in subsection (1) acknowledge receipt of that notice in writing.

[S 52 commencement: 1 July 2004.]

(1) A manufacturer may manufacture firearms or ammunition only on premises specified in the licence.

(2) A manufacturer must apply or affix such serial number or any other mark to any firearm manufactured by the manufacturer as may be prescribed.

(3) A manufacturer must keep registers containing such information as may be prescribed at the premises specified in the manufacturer’s licence.

(4) A manufacturer must keep his or her manufacturer’s licence on the premises specified in the licence.

(5) A manufacturer must, at the request of any police official, produce for inspection—

(a) any firearms or ammunition that the manufacturer may have in stock;

(b) his or her manufacturer’s licence; and

(c) any register or electronic data kept by the manufacturer in terms of Part 2 of this Chapter.

(6) A manufacturer must in the prescribed manner establish and maintain a workstation which links the registers referred to in subsection (3) to the central manufacturers’ database.

(7) A manufacturer must comply with the conditions specified in the manufacturer’s licence.

[S 53 commencement: 1 July 2004.]

The Registrar must establish and maintain such central manufacturers’ database as may be prescribed.

[S 54 commencement: 1 July 2004.]

(1) The Registrar may suspend a manufacturer’s licence if the Registrar has information in a sworn statement or on solemn declaration that the manufacturer has committed an offence in terms of this Act for which a sentence of imprisonment for a period of five years or more may be imposed.

(2) A licence may be suspended for not more than seven days without affording the holder of the licence a hearing.

(3) A suspension may endure for a period longer than seven days if the—

(a) holder has been afforded an opportunity to make written representations to the Registrar;

(b) Registrar has given due consideration to the representations;

(c) Registrar deems it necessary in order to achieve the objects of this Act; and

(d) suspension has been confirmed by a court.

(4) A manufacturer may not conduct business as a manufacturer for the period during which the licence is suspended.

[S 55 commencement: 1 July 2004.]

(1) A manufacturer’s licence terminates—

(a) upon the expiry of one year from the date on which it was issued;

Uncommenced amendment

(a) upon the expiry of five years from the date on which it was issued;

[S 56(1)(a) substituted by s 22 of Act 28 of 2006 with effect from date to be proclaimed.]

(b) if surrendered by the manufacturer to the Registrar;

(c) if the manufacturer becomes or is declared unfit to possess a firearm in terms of section 102 or 103; or

(d) if cancelled in terms of this Act.

(2) The Registrar may, by written notice, cancel a manufacturer’s licence if the holder of the licence—

(a) no longer qualifies to hold the licence; or

(b) has contravened or failed to comply with any provision of this Act or any condition specified in the licence.

(3) A notice contemplated in subsection (2) may only be issued if the Registrar has—

(a) given the holder 30 days’ notice in writing to submit written representations as to why the licence should not be cancelled; and

(b) duly considered any representations received and all the facts pertaining to the matter.

(4)

(a) If a notice contemplated in subsection (2) is issued, the former holder of the licence must dispose of any firearms and ammunition in his or her possession through a dealer or in such manner as the Registrar may determine.

(b) The disposal must take place within 60 days after receipt of the notice.

(5) If the firearms and ammunition are not disposed of within 60 days they must be forfeited to the State and the former holder of the licence must surrender them immediately at such place and in such manner as the Registrar may determine.

(6) Any period contemplated in this section may be extended by the Registrar on good cause shown.

[S 56 commencement: 1 July 2004.]

A licence issued in terms of Part 2 of this Chapter does not exempt the holder of the licence from having to comply with the provisions of any other law.

[S 57 commencement: 1 July 2004.]

(1) If a manufacturer’s licence is lost or stolen, the holder of the licence must inform the Registrar within 24 hours of the discovery of the loss or theft.

(2) If a manufacturer’s licence is defaced, lost or stolen, the holder of the licence must within seven days of the discovery of the defacement, loss or theft apply to the Registrar in the prescribed manner for a copy of the licence.

[S 58 commencement: 1 July 2004.]

Part 3

Gunsmiths

No person may, without being the holder of a gunsmith’s licence or being registered as an apprentice to such holder—

[S 59, words preceding (a), substituted by s 8 of Act 43 of 2003.]

(a) alter the mechanism of a firearm so as to enable the discharging of more than one shot with a single depression of the trigger;

(b) alter the calibre of a firearm;

(c) alter the barrel length of a firearm;

(d) alter or remove the serial number or any other identifying mark of a firearm; or

(e) perform such other work as may be prescribed.

[S 59 commencement: 1 July 2004.]

A gunsmith’s licence may be issued to a person who is a fit and proper person to perform the work contemplated in section 59.

[S 60 commencement: 1 July 2004.]

The Minister may prescribe—

(a) conditions in respect of the issue of a gunsmith’s licence which the Registrar may impose on a licensed gunsmith; and

(b) specifications in respect of the business premises of a gunsmith.

[S 61 commencement: 1 July 2004.]

A gunsmith’s licence must—

(a) specify the premises in respect of which the licence is issued;

(b) specify any of the conditions contemplated in section 61 which are to apply; and

(c) contain such other information as may be prescribed.

[S 62 commencement: 1 July 2004.]

(1) The holder of a gunsmith’s licence who wishes to renew the licence must apply to the Registrar for its renewal at least 90 days before the date of expiry of the licence.

(2) The application must be—

(a) accompanied by such information as may be prescribed; and

(b) delivered to the Designated Firearms Officer responsible for the area in which the applicant’s business premises are situated.

(3) No application for renewal of a gunsmith’s licence may be granted unless the applicant satisfies the Registrar that he or she has continued to comply with the requirements for the licence in terms of this Act.

(4) If an application for the renewal of a gunsmith’s licence has been lodged within the period provided for in subsection (1), the licence remains valid until the application is decided.

[S 63 commencement: 1 July 2004.]

(1) The Registrar may issue a temporary authorisation to a gunsmith to conduct business as a gunsmith at premises other than those specified in the gunsmith’s licence.

(2) The Minister may prescribe conditions which the Registrar may impose on a gunsmith in respect of a temporary authorisation issued in terms of this section.

(3) A temporary authorisation to conduct business as a gunsmith must specify the—

(a) premises in respect of which it is issued;

(b) period for which it is issued; and

(c) conditions subject to which it is issued.

(4) The Registrar may at any time, by written notice, withdraw an authorisation issued in terms of this section.

(5) The Office of the Central Firearms Register must keep a record of prescribed information in respect of all authorisations issued in terms of this section.

(6) A gunsmith to whom a temporary authorisation has been issued must comply with the requirements of subsection (3).

[S 64 commencement: 1 July 2004.]

(1) A gunsmith may apply to the Registrar in the prescribed manner for removal of the business from the premises specified in the licence to different premises.

(2) On receipt of the application referred to in subsection (1), the Registrar may endorse the gunsmith’s licence or issue a new licence permitting the gunsmith to conduct the business from the new premises on such conditions as the Registrar may impose.

[S 65 commencement: 1 July 2004.]

(1) The holder of a gunsmith’s licence must notify the Registrar in writing within 30 days if there is any change with regard to any information which was submitted in respect of the application for the issue of that licence.

(2) The Registrar must within 30 days after receiving a notice referred to in subsection (1) acknowledge receipt of that notice in writing.

[S 66 commencement: 1 July 2004.]

(1) A gunsmith may conduct business as a gunsmith only on premises specified in the gunsmith’s licence.

(2) A gunsmith must keep registers containing such information as may be prescribed at the premises specified in the gunsmith’s licence.

(3) A gunsmith must keep his or her gunsmith’s licence on the premises specified in the licence.

(4) A gunsmith must, at the request of any police official, produce for inspection—

(a) any firearms or ammunition that the gunsmith may have in his or her possession;

(b) his or her gunsmith’s licence; and

(c) any register or electronic data kept by the gunsmith in terms of Part 3 of this Chapter.

(5) A gunsmith must in the prescribed manner establish and maintain a workstation which links the registers referred to in subsection (2) to the central gunsmiths’ database.

(6) The Registrar may, on good cause shown on application by a gunsmith, exempt the gunsmith from the duties referred to in subsection (5).

(7) Any gunsmith exempted as contemplated in subsection (6), must submit weekly returns, completed in the prescribed form, to the Office of the Central Firearms Register.

(8) A gunsmith must comply with any condition imposed under section 61 and specifications prescribed under that section.

[S 67 commencement: 1 July 2004.]

The Registrar must establish and maintain such central gunsmiths’ database as may be prescribed.

[S 68 commencement: 1 July 2004.]

(1) The Registrar may suspend a gunsmith’s licence if the Registrar has information in a sworn statement or on solemn declaration that the gunsmith has committed an offence in terms of this Act for which a sentence of imprisonment for a period of five years or more may be imposed.

(2) A licence may be suspended for not more than seven days without affording the holder of the licence a hearing.

(3) A suspension may endure for a period longer than seven days if the—

(a) holder has been afforded an opportunity to make written representations to the Registrar;

(b) Registrar has given due consideration to the representations;

(c) Registrar deems it necessary in order to achieve the objects of this Act; and

(d) suspension has been confirmed by a court.

(4) A gunsmith may not conduct business as a gunsmith for such period as the licence is suspended.

[S 69 commencement: 1 July 2004.]

(1) A gunsmith’s licence terminates—

(a) upon the expiry of one year from the date on which it was issued;

Uncommenced amendment

(a) upon the expiry of five years from the date on which it was issued;

[S 70(1)(a) substituted by s 23 of Act 28 of 2006 with effect from date to be proclaimed.]

(b) if surrendered by the gunsmith to the Registrar;

(c) if the gunsmith becomes or is declared unfit to possess a firearm in terms of section 102 or 103; or

(d) if cancelled in terms of this Act.

(2) The Registrar may, by written notice, cancel a gunsmith’s licence if the holder of the licence—

(a) no longer qualifies to hold the licence; or

(b) has contravened or failed to comply with any provision of this Act or any condition specified in the licence.

(3) A notice contemplated in subsection (2) may only be issued if the Registrar has—

(a) given the holder 30 days’ notice in writing to submit written representations as to why the licence should not be cancelled; and

(b) duly considered any representations received and all the facts pertaining to the matter.

(4) If a notice contemplated in subsection (2) is issued, the former holder of the licence must dispose of any firearms and ammunition in his or her possession in such manner as the Registrar may determine.

[S 70 commencement: 1 July 2004.]

A licence issued in terms of Part 3 of this Chapter does not exempt the holder of the licence from the obligation to comply with any other law.

[S 71 commencement: 1 July 2004.]

(1) If a gunsmith’s licence is lost or stolen, the holder of the licence must inform the Registrar within 24 hours of the discovery of the loss or theft.

(2) If a gunsmith’s licence is defaced, lost or stolen, the holder of the licence must within seven days of the discovery of the defacement, loss or theft apply to the Registrar in the prescribed manner for a copy of the licence.

[S 72 commencement: 1 July 2004.]