Possible Confiscation of non-Renewed Firearms in Western Cape
Date: Vol 13-14
VOL. 13 (14) - 11-04-2017
POSSIBLE CONFISCATION OF NON-RENEWED FIREARMS IN WESTERN CAPE
This Newsletter has reference to our Newsletters Vol. 12(15) and Vol. 12(26) both dated 11-04-2016 regarding the continued validity of the so-called Green Licences issued under the 1969 Arms & Ammunition Act.
We have received semi-confirmed information that SAPS in the Western Cape have received instruction to act against persons who are in possession of firearms, which they had not renewed on time.
Members who did not renew in time but who still have the old Green Licence for that specific firearm, is legally in possession of that firearm, irrespective of whether they had renewed on time or not – see our above-mentioned Newsletters in this regard.
We however, advise that if SAPS would enter your premises because of the above, and want to confiscate your firearm, that you rather co-operate than resist (in all instances insist on them providing adequate identification, irrespective of the people wearing SAPS uniforms or not before allowing them into your home - call the station if need be to confirm their identities [it is your right to be safe]).
Show on the legal aspect of the validity of your Green Licence if you have one (also the old licences pasted in the old Blue ID books), but don’t resist if they want to confiscate the firearm. One can always afterwards, show good cause why the confiscation was illegal. In support of your statement, you can download the verdict of the SA Hunters' court case of 2009 HERE, in which the Honourable Judge Bill Prinsloo declared the so-called Green Licences to be valid until the main case had been heard - a case which was never heard, and thus the continued validity of Green Licences.
If you did not renew, and do not have a Green Licence, show on the impending SA Hunters’ court case to be heard on 25 and 26 April 2017 re Section 24 and 28 of the FCA. You indicate that you were awaiting the outcome of that court case, and that is why you did not hand in the firearm for safe keeping (not for destruction).
In any event do not sign any document in which you surrender the firearm to SAPS for destruction. You only hand it over for safe keeping by SAPS until the above-mentioned court case has been heard, and verdict given end of April.
Members are welcome to contact the NHSA office in instances where they are bullied into any situation of handing over a firearm to SAPS in the above-mentioned circumstances, other than where it is clearly stated that the firearm is taken into safe keeping.