IMPLEMENTATION OF THE FIREARMS CONTROL ACT, 2000 ACT No. 60 OF 2000

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IMPLEMENTATION OF THE FIREARMS CONTROL ACT, 2000
(ACT No. 60 OF 2000)

• Portfolio Committee on Safety and Security
• 2003-04-02

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INTRODUCTION

• Request from Portfolio Committee
• Status of the Regulations to the Firearms Control
  Act, 2000
• Implementation of the Firearms Control Act, 2000
• Firearms Control Information System
• Delegation to Present
• Divisional Commissioner MW Makhubela
• Asst Comm. PC Jacobs
• Asst Comm. GJ Kruser
• Director JJ Bothma
• Director P van Vuuren
• Supt(f) A Pienaar-Marais

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SUBMISSION TO THE MINISTER FOR SAFETY AND SECURITY

• Includes
• Draft set of Regulations to the Firearms Control
  Act, 2000
• Recommendations pertaining to amendments to the
  Firearms Control Act, 2000
• Minister approved proposals in relation to
• the phased implementation of the Act
  (accreditation first)
• A consultation process in order to finalize the
  regulations, as required by the Promotion of
  Administrative Justice Act, 2000

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DRAFT REGULATIONS

• Minister approved the publication in Gazette of
  the draft Regulations for public comment. 330
  pages including the annexures (forms)
• Publication in the Gazette took place on
  2003-03-27 Closing date for comments is
  2003-04-29.
• Regulations to be finalized as soon as possible
  thereafter - target date not later than end of
  June 2003.

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REGULATIONS TO THE FIREARMS CONTROL ACTAreas of
the Act which require regulations but no
regulations have been drafted yet

• Administrative aspects i.r.o. required databases.
• Training and knowledge testing
• Other work that may be performed by a holder of a
  gunsmiths license
• Prohibited firearms that may be licensed under a
  license to possess a firearm in a public
  collection
• Conditions in respect of the acquisition, use,
  destroying and disposal of firearms by Official
  Institutions

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Areas of the Act which require regulations but no
regulations have been drafted yet (cont)

• Fees/remuneration which may be charged by dealers
  i.r.o any firearm/device required to be disposed
  of through a dealer
• Disposal of firearms forfeited to the State
• Above aspects will be addressed once policy in
  that regard has been determined. These areas are
  not critical for present implementation

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AMENDMENTS TO THE FIREARMS CONTROL ACT

• Cabinet memorandum has been submitted for
  approval to introduce an amendment Bill to
  Parliament, to be dealt with concurrently with
  drafting of regulations
• Cabinet memorandum considered on 2003-03-24 by
  Cabinet Committee
• Tabling and introduction of the Bill in
  Parliament planned as soon as possible thereafter.

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PROPOSED AMENDMENTS TO THE FIREARMS CONTROL ACT

• Nature of the Amendments
• Administrative and linguistic errors during the
  printing of the Act in the Government Gazette,
  for example
• Game Hunter to be changed to Game rancher,
  and similar amendments
• Custom building of firearms by Gunsmiths
• Provisions for an apprentice to a gunsmith to be
  in possession of a firearm for the purpose of the
  work of a gunsmith

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PROPOSED AMENDMENTS TO THE FIREARMS CONTROL ACT

• Provision to be made for SAPS, SANDF, DCS, Metro
  Police Service members and security officers on
  duty to be exempted from the requirement that a
  firearm must be completely covered
• Amendments to the transitional arrangements to
  allow for the continuation of an existing
  certificates to trade as gunsmith when the
  Firearms Control Act, 2000 comes into operation

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FIREARMS CONTROL OPERATIONS

• Intelligence driven Firearm Control operations
• Part of the primary driver of the operational
  crime combating approach
• Amnesty on the illegal possession of firearms and
  ammunition

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AIM OF OPERATION SETHUNYA

• Establishment of a combating operation to
  eradicate the proliferation of firearms for the
  use and availability in crime and violence in
  South Africa

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OBJECTIVE OF OPERATION SETHUNYA

• Tracing of Illegal Firearms
• Based on targeted intelligence
• Identified individuals, groupings
• Geographical locations (high crime areas)
• Legal Compliance
• Individuals
• Dealers
• Institutions (Private)
• Official Institutions (Government)

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PRINCIPLES AND CODE OF CONDUCT FOR OPERATION
SETHUNYA

• Tracing of illegal firearms
• Targeted based on verified intelligence
• Strict compliance legal procedure eg. Use of
  warrants of arrest/search and seizure
• Focus on competency (Section 11 12)
• Use of applicable legislation to address
  identified threats within high crime areas eg.
  Security Industry Regulatory Authority

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PRINCIPLES AND CODE OF CONDUCT FOR OPERATION
SETHUNYA

• COMPLIANCE
• Ensure compliance with current legislation (Arms
  and Ammunitions Act 1969(Act 75 of 1969))
• Awareness of new drive towards Operational
  Firearms Control
• Preparation for the implementation of the
  Firearms Control Act, 2000 (60 of 2000)
• Procedural approach
• Recognition for compliance
• Strict actions on irregularities (administrative
  and criminal)
• Focus on competency (Section 11)
• Principle of reasonability

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CLEARANCE OF SAPS 13 EVIDENCE STORES

• Clearance of firearms from SAPS 13 with no
  evidential value
• Provide for adequate space in stores for
• Confiscated firearms
• Voluntary handed over firearms
• Amnesty firearms

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FIREARM CONTROL INFORMATION SYSTEM

• Administration of Firearms as apposed to Control
  over Firearms in South Africa
• Adaptive maintenance to the current system to
  support implementation of the FCA
• Enhanced System provides for
• Implementation of areas such as accreditation,
  competency, re-licensing
• Transitional period of the Act
• New equipment to print licenses in accordance
  with the FCA

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SHOOTING RANGES

• Standards for shooting ranges being developed by
  SANS
• Aim
• Improvement of safety at shooting ranges
• Mechanism to accredit shooting ranges who wish to
  provide training to individuals in the use of
  firearms

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TRAINING COMPETENCY CERTIFICATION

• Training required by the Firearms Control Act,
  2000
• SAPS personnel in the provisions and regulations
  of the Act
• Approved minimum unit standards for levels of
  competency training for firearms
• Accreditation of service providers by SAPS

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VOLUNTARY HANDING OVER OF LEGAL FIREARMS

• Procedures are in place for the voluntary handing
  over of firearms by legal owners to the SAPS for
  destruction.
• Aim
• To assist persons who want to hand in legal
  firearms i.e. reducing the number of firearms in
  their possession to comply with Firearms Control
  Act, 2000

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FIREARM FREE ZONES

• Applications received for declaration
• Verification of physical aspects of premises
• Recommendations forwarded to the Minister for
  Safety and Security after finalization of
  verification process, for consideration, and if
  approved declaration of firearms free zones in
  Gazette

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AUDITS NATIONAL/PROVINCIAL STATE DEPARTMENTS

• Objective of Audit
• To accurately record the number of State
  Departments in possession of firearms
• Correction of firearm records kept by specific
  departments and Central Firearms Register
• Identification of obsolete and redundant firearms
  for destructions
• A total number of 163 state departments (national
  and provincial) already been audited.
• 195 136 firearms have been surrendered for
  destruction

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IMPLEMENTATION INITIATIVES

• Initiatives completed / implemented as part of
  the pre-phase implementation of the Act
• Implementation of the Designated Firearms Officer
  Model / Firearms Registration Centres
• Capacity at various levels in SAPS
• Standards for safe storage facilities
• De-regulation of air guns
• Mechanism of the voluntary handing over of
  legally possessed firearms
• Completion of Business Process Re-engineering
  study

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IMPLEMENTATION INITIATIVES

• Development of new firearms classification table
• Conducting of regular inspections at Dealers,
  Gunsmiths and Manufacturers
• Awareness campaigns for the safe keeping and use
  of firearms
• Regular destruction of firearms
• Establishment of a Firearm Priority Committee and
  Firearm Control programme in SAPS
• Approved minimum unit standards for firearms
  training.

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IMPLEMENTATION OF THE FIREARMS CONTROL ACT, 2000
(ACT No. 60 OF 2000)

• Portfolio Committee on Safety and Security
• 2003-04-02