Procedures for Participation in Amnesty
Date: Vol 16-02
VOL. 16 (02) - 17-01-2020
PROCEDURES FOR PARTICIPATION IN AMNESTY
Firearms for which there has only ever been a green licence are not subject to the amnesty, which runs from 1 December 2019 to 31 May 2020 - see paragraph 2 of Newsletter Vol 15(08) HERE.
People with lapsed firearm licences are still protected under the interim order obtained by Gun Owners of South Africa (GOSA), which prevents SAPS from confiscating firearms with expired licences and from prosecuting the owners. Pending the outcome of the GOSA main court case, firearm owners whose licences have lapsed, should be aware of the fact that they could still be targeted by SAPS after the amnesty if they had not seriously considered to make use of the amnesty to get their firearm with lapesed licence legal again.
People with lapsed licences now have three options to consider under the amnesty:
- to hand in the firearm with SAPS and to apply for a new licence and the renewal of competency (if applicable);
- to hand in the firearm with SAPS for destruction, or;
- to wait for the result of the GOSA main court case, which would most probably involve complex legal arguments of which the outcome is difficult to predict.
There is, however, uncertainty around the procedures to follow when submitting applications for new firearm licences under the amnesty at police stations.
The procedures after the Natshoot (NHSA) and SAPS settled agreement in the urgent court case, are as follows:
1. If you want to hand in the firearm for destruction:
a. Hand in the firearm at any police station. Make sure you get officially stamped SAPS documentation indicating the type of firearm handed in, the make of the firearm, the calibre of the firearm and the serial number of the firearm.
b. Make sure the SAPS form you receive states that the firearm is surrendered for destruction.
c. Keep that document very safe as the firearm needs to be taken off your name when the amnesty has passed. Prepare yourself for a long wait for the process to be finalised as all firearms surrendered under the amnesty need to be ballistically tested after the amnesty has run its course.
2. If you want to apply for a new licence for a firearm with a lapsed licence.
a. Get a gunsmiths report, which indicates the value of the firearm so that you can prove value if the firearm should get lost after having been handed in with SAPS (state make, calibre and serial number – also take photographs of the firearm).
b. Hand in the firearm at any police station under the amnesty, and indicate that you will within 14 days submit an application for a new licence for the firearm with your DFO.
c. Make sure the SAPS form you receive back states that the firearm is surrendered under the amnesty, NOT FOR DESTRUCTION FOR NEW LICENCE, and that you will apply for a new licence within 14 days after the date of handing in the firearm.
d. Your competency for the type of firearm of which the licence has lapsed has most probably also lapsed. Complete a renewal of competency form for the type of firearm for which you want to apply for a new licence under the amnesty (i.e. handgun, or rifle, or shotgun, or semi-auto rifle). Download these two forms and complete to apply for renewal of competency:
e. Complete a SAPS 271 form as application for a new licence for the firearm of which the licence had lapsed. Download these forms:
f. Prepare yourself for a long wait for the process to be finalised as all firearms surrendered under the amnesty need to be ballistically tested after the amnesty has run its course.
3. Please let the office know if you experience any problems at your police station in regards to the above – send Email to [email protected]