FIREARMS AND AMMUNITION

Question 1

Act regulating this

Answer 1

Firearms Control Act

Question 2

Purpose of the Firearms Control Act

Answer 2

 Protect the constitutional rights to life and physical safety.
 Stop illegal firearms from spreading by removing them from society.
 Control legal firearms to help prevent gun-related crimes.
 Allow the government to track and regulate the ownership, storage, use, and
transfer of firearms.
 Punish careless or criminal firearm use.
 Set up a strong and effective system for managing and controlling firearms.
 Make sure the law is properly monitored and enforced.

Question 3

Section on unlawful possession of a firearm

Answer 3

S 3: no person may possess a firearm unless they hold a valid licence, permit, or authorisation.
- You also need a competency certificate to possess a muzzle-loading
firearm.
 Any contravention of
S 3 is punishable under S 121
.

Question 4

Elements of the offence

Answer 4

1) Possession
2)Firearm
3)Unlawfulness
4)Culpability

Question 5

Possession

Answer 5

 “Possession” is not defined in the Act.
 Under the old law, possession included:
 Physical control with intent to own it.
 Keeping it for someone else.

Question 6

Firearm

Answer 6

a) Any device made to shoot a bullet or projectile using burning propellant with force greater than 8 joules.
b) Any device designed to fire ammunition.
c) Any device that cannot fire now but can easily be changed to meet (1) or (2).
d) Any device that uses **compressed gas to fire a bullet or projectile of 5.6 mm
(.22 calibre) or more with more than 8 joules of force. **
e) The barrel, frame, or receiver of any of the devices mentioned above.

Question 7

S 5: “FIREARM” DOES NOT INCLUDED:

Answer 7

 Muzzle-loading firearms
 Air guns
 Paintball guns
 Flare guns
 Industrial tools

Question 8

Unlawfulness

Answer 8

 The possession must be without legal justification.
 You are not guilty if you have a valid licence or authorisation.
 Police, military, and certain government departments are exempt.

Question 9

Culpability

Answer 9

 The law doesn’t specify if intention or negligence is required.
 But, possession of a firearm is not a strict liability offence, so culpability is needed.
 Negligence is enough for a conviction.
 Eg. if someone keeps a firearm for a friend and wrongly assumes the friend has a licence, she may still be guilty unless her belief was reasonable.
 INTENTION = knowing you have the firearm and knowing you aren’t allowed to have it.
 If someone honestly believes they are allowed to have it, they may lack intention, even if they are wrong.

Question 10

Punishment for unlawful possession of a forearm

Answer 10


S 121 & Schedule 4:
punishment for unlawful possession of a firearm is a
fine, or up to 15 years imprisonment.

Question 11

Specific amounts for fines

Answer 11

 Magistrates’ Court: up to R120 000
 Regional Court: up to R600 000

Question 12

Law regulating unlawful possession of ammunition

Answer 12

S 90:
You may not possess ammunition unless you:
a) Have a firearm licence for a gun that can shoot that ammunition.
b) Have a permit to possess ammunition.
c) Hold a valid:
 Dealer’s licence,
 Manufacturer’s licence,
 Gunsmith’s licence,
 Import / export / in-transit permit, or
 Transporter’s permit issued under the Act.
d) Are otherwise authorised by law.

Question 13

Quantity limit of ammunition (cite the authority)

Answer 13

S 91:
even if you have a licence, you may not possess more than 200
cartridges per licensed firearm.

Question 14

Exception to s91

Answer 14

 If you are a dedicated hunter or sports shooter with a licence.
 If you are at a licensed shooting range and using the ammunition there.

Question 15

Who do these rules not apply to?

Answer 15

a) South African National Defence Force.
b) South African Police Service.
c) The Department of Correctional Services.

Question 16

Punishment for unlawful possewssion of ammunition

Answer 16

IF YOU UNLAWFULLY POSSESS AMMUNITION, YOU FACE:
1) A fine or imprisonment for up to 15 years.
2) Fines under the Adjustment of Fines Act:
 Up to R120 000 in regular Magistrate’s Court.
 Up to R600 000 in Regional Court.
3) Or both.

Question 17

S 120(2): FAILING TO REPORT ILLEGAL FIREARMS

Answer 17

 If you know about a firearm or ammunition that is not lawfully possessed and
do not report it to the police immediately, you commit a crime.
 Penalty: up to 15 years imprisonment.

Question 18

S 120(3): NEGLIGENT OR RECKLESS USE

Answer 18

 IT IS A CRIME TO:
a) Injure a person or damage property through negligent use of a firearm,
antique firearm, or airgun.
b) Use or handle such weapons in a way that risks injury or damage, or
shows reckless disregard for safety.
c) Be in control of a loaded weapon when it creates a risk, and you fail to
take reasonable safety steps.
 Penalty: up to 5 years imprisonment.

Question 19

S 120(4): HANDLING A FIREARM WHILE INTOXICATED

Answer 19

 It is a crime to handle a firearm, antique firearm, or airgun while under the
influence of drugs or alcohol.
 Penalty: up to 3 years imprisonment.

Question 20

S 120(5): GIVING A FIREARM TO AN UNFIT PERSON

Answer 20

 It is a crime to give a firearm, antique firearm, or airgun to someone you
know or should know is:
a) Mentally ill, or
b) Under the influence of drugs or alcohol.
 Penalty: up to 3 years imprisonment.

Question 21

S 120(7): FIRING A WEAPON IN A PUBLIC PLACE

Answer 21

 It is a crime to fire a firearm, antique firearm, or airgun in a built-up area
(building) or public place without a valid reason.
 Penalty: up to 5 years imprisonment.

Question 22

S 120(8): FAILURE TO STORE FIREARMS PROPERLY

Answer 22

YOU COMMIT AN OFFENCE IF:
a) You fail to lock away your firearm in a legally prescribed safe or storage
device when not carrying it.
b) You lose your firearm, or it gets stolen due to:
 Not storing it properly,
 Not taking reasonable steps to prevent its loss or theft,
 Not keeping the safe keys in a secure place.
 Penalty: up to 5 years imprisonment.

Question 23

Section in Act on pointing a firearm

Answer 23

S 120(6):
it is a criminal offence to point:
a) Any firearm, antique firearm, or airgun, whether loaded or not, at another
person without a good reason.
b) Anything that looks like a real firearm, if it causes someone to believe it is a
real weapon, without good reason, eg. toy gun.

Question 24

Elements of the offence of ponting a firearm

Answer 24

1)Pointing
2)A forearm
3)At any person
4)Unlawfulness
5)Intention

Question 25

Case law on pointing

Answer 25

S v Van Zyl S v Hans Xabendlini v State

Question 26

S v Van Zyl

Answer 26

Took a narrow view in terms of which you are guilty of pointing a firearm only if the bullet would actually hit the person.

Question 27

S v Hans

Answer 27

- Adopted a broader view than what was used in van Zyl. - In terms of this view, even if bullet would miss but pass near the person, it's enough to create fear, and such a person will be guilty of pointing a firearm.

Question 28

Xabendlini v State

Answer 28

* The appellant and others robbed security guards delivering cash to Woolworths. * They fled in a bakkie, and the police chased them. * Two robbers escaped, but the appellant remained in the bakkie and pointed a firearm at the police. * He was charged with pointing a firearm under S 120(6). * Q: should the narrow or broad interpretation of “pointing a firearm” be followed? * Appellant relied on the narrow approach in S v Van Zyl. * He argued he should only be guilty if the prosecution proved that, had a shot been fired, it would have hit the police. * The court rejected the narrow view, and adopted the broad interpretation:  It is not necessary to prove the firearm was loaded or that a shot would have hit someone.  It is enough that the act created fear or that a bullet could have passed nearby.  The offence is about inspiring fear of harm, not actual injury.  The purpose of the Act is to protect the public from fear and danger associated with firearms. * Appeal was dismissed. * Accused was found guilty of pointing a firearm because his actions induced fear in the police.

Question 29

what is a firearm ito the Act

Answer 29

Includes real firearms, antique guns, airguns, or toy guns that resemble real ones.

Question 30

what does "at any person mean"

Answer 30

 The gun must be pointed at a human being.  Pointing at animals or objects is not a crime under this section.

Question 31

Unlawfulness of pointing firearm, support with case law

Answer 31

 The act must be done without a lawful reason.  S v Antwerpen: - Private defence can be a lawful justification for pointing a firearm at someone.

Question 32

intention ito poiting a firearm

Answer 32

The person must intend to point the firearm or object at another person, and must know:  The item is a weapon or looks like one,  It’s being pointed at someone,  There is no legal reason to do so.  Negligence is not enough.  Dolus eventualis (foreseeing the possibility and continuing anyway) is sufficient.  You don’t have to intend to harm the person, just pointing is enough

Question 33

Punishment for pointing a firearm

Answer 33

 Maximum sentence: 10 years imprisonment or a fine.  If convicted in:  Magistrate’s Court: max fine is R120 000.  Regional Court: max fine is R400 000.  Both fine and imprisonment can be imposed.