SAPS PROCEDURES: APPLY FOR NEW LICENCE AGAINST LAPSED FIREARM LICENCE
We were this morning informed of a SAPS Directive issued on 01-07-2022 in which SAPS describe the procedures for applying for a new licence against a lapsed licence in accordance with the judgment of the Constitutional Court in the by now well-known Fidelity case (see our Newsletter Vol.18(09) dated 27-05-2022 - https://natshoot.co.za/newsletters/2022/concourt-declines-saps-appeal-in-fidelity-lapsed-licences-case).
In a follow-up email early tomorrow morning we shall inform you of the legal detail and implications attached to the procedure. Please give our legal representative this afternoon to study the procedure so that we can give you the exact legal implications (and pitfalls if any) of the process you will have to follow to apply for a new licence for a firearm of which the licence has lapsed.
In short, the procedure described by the Directive comes down to the following:
1. One may apply for a new licence (form SAPS271) against a lapsed licence (please make sure that your competencies are valid before you apply – it is a new licence application so you must first have a valid competency to possess the specific type of firearm relevant to your application).
2. SAPS will not prosecute a person for being in possession of a firearm with a lapsed licence if that person wants to apply for a new licence against a lapsed licence.
3. The length of time a licence had already lapsed is no limitation in submission of a new licence application being submitted for a firearm with a lapsed licence.
4. The procedure described in the directive is applicable for any lapsed firearm licence; thus, also in future.
5. The firearm of which the licence had lapsed and for which a new licence application is submitted, must be taken to a member’s DFO with the new licence application form, for inspection.
6. A firearm which has so been inspected and verified by the member’s DFO (5 above) remains in possession of the owner.
7. Keeping such firearm (6 above) is subject to Regulation 86 prescripts (in short that means you may store the firearm in your safe but may not use it – our legal advisor will still investigate this aspect and report on it in his explanation of the process to follow early tomorrow).
Please do nothing until you have the complete legal implications and the complete process we shall advise you on early tomorrow morning.
You can in the meantime download the relevant SAPS Directive HERE
Kind Regards, Natshoot Office