TRANSPORT OF FIREARMS IN PRIVATE VEHICLE
Date: Vol 18 (07)
The bullying of police officials at roadblocks is a new phenomenon you must please take heed of.
There is an official SAPS Directive issued on 5 May 2022 in the Free State, which states that the only requirement to transport a firearm in a private vehicle is that one must be able to show the licence for the specific firearm if so requested by a police official. There is no legal reason why this instruction will not be applicable in all other provinces too.
You can read the specific Directive HERE
We suggest you make a printout of the Directive and carry it with you if you transport sport shooting or hunting firearms
We reiterate the words of our legal advisor, Mr. Juan Kotzé who in December 2017 already stated that: “An analysis of the Act (meaning the FCA) shows that it does not contain any words that constitute either a legal norm, criminal norm, or criminal sanction to the effect that carrying, and use of firearms licensed in terms of sections 15 and 16 for a different purpose than hunting or sports shooting, is not allowed or that it constitutes a crime”.
Read Mr. Kotzé’s legal opinion on this matter – https://natshoot.co.za/newsletters/2018/vol-14-01
We also repeat that there is no stipulation in the Firearms Control Act (FCA) or its Regulations which prohibit travelling with a loaded section 15 or 16 firearm (probably more common a handgun). Neither that such a firearm may not be carried on the person when travelling.
There is also no stipulation in the FCA or its Regulations which prescribes the manner in which privately owned sport shooting or hunting firearms should be transported. There is also no stipulation which says the firearm has to be transported in a bag with the ammunition separate (despite the fact that it might be common practice among sport shooters and hunters alike).
Do not be aggressive and do not resist in any way - but be firm in your responses to police officials who want to bully you in this regard.
Also do not pay admission of guilt fines on the spot - that is nothing but bribery if not done formally at a police station and then only for real transgressions (if you are uncertain call your lawyer immediately).
Please stay safe
This Newsletter Emailed to all members on 6-5-2022