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Firearms Control Amendment Bill Drawn Up

May 26, 2021

Department of Police

A Draft Firearms Control Amendment Bill has been drawn up.

The police department published the draft bill in Government Gazette 44593 for comment.

The Draft Bill aims to amend the Firearms Control Act.

Provisions include muzzle loading firearm to be included in the definition of firearm; amendment of the provision relating to prohibited firearms; provide for the period of validity of all competency certificates to be five years; applicant for a firearm to provide a valid reason for possessing a firearm; no firearm licences may be issued for self-defence purposes; conditions under which a firearm licence for occasional hunting or sports-shooting may be issued; provide for the limitation of firearm licences that may be issued to a dedicated hunter, dedicated sports-person or professional hunter; deletion of provisions that permit a private collector to collect and possess firearms and ammunition in a private collection; the period within which a renewal of a firearm must be made and consequences for a failure to do so; periods of validity of firearm licence or permit; renewal of firearm licences and that a firearm licence remains valid until the application for renewal is decided; establishment of the Central Firearm Register as a division in the South African Police Service and valid firearm licence issued for private and public collection to remain valid until the expiry of that licence.

Comment is invited within 45 days of the date of publication.

Meanwhile, in Notice 438, the department published the Draft Protection of Constitutional Democracy against Terrorist and Related Activities Amendment Bill for comment.

According to the notice, the Draft Bill seeks to update the Protection of Constitutional Democracy against Terrorist and Related Activities Act of 2004 with regard to “developments in international law, to give effect to certain Constitutional Court judgments and to address challenges experienced with conducting investigations and prosecutions”.

Provisions also deal with foreign terrorist fighters and address the sentencing of the financing of terrorism.

The proposals involve the amendment of certain definitions in the principal act, and the insertion of some new offences related to maritime and aviation security.

The extradition provisions in the principal act are expanded to include all terrorism related offences in the principal act.

Comment is invited within 45 days of the date of publication.