SUBMIT ALL
ILLEGAL FIREARMS
Nelspruit – New
bloom sweeps clean. Those were the words by the Provincial
Commissioner of the South African Police Service in Mpumalanga, Lieutenant
General (Adv) Mark Dumisa Magadlela, on Wednesday 25 March 2015, clarifies the
point regarding the handling of estate firearms.
Magadlela said
the reason for this clarification is because many families are not conversant
when it comes to estate firearms.
He said, “Firearms
are dangerous hence one must possess a license to own one.”
Lieutenant
General Magadlela told media that the Firearms Control Act, Act 60 of 2000,
Section 3 of the Act prohibits any person to possess a firearm without a
license, permit or authorization issued under the Act.
“If a person
found contravening this law, that particular person will be arrested and
languish in jail for a maximum period of 15 years, hence we appeal to the
society to surrender illegal firearms or report any person suspected of
possessing an illegal firearm.” The Provincial Commissioner, Lieutenant General
Magadlela said.
He said, a
firearm becomes illegal when it falls into the hands of a person who does not
possess a license, permit or authorization, appropriate to keep such a
firearm(s).
Take note that
when the owner of the firearm dies, only the person nominated as a heir of the
deceased estate, will temporary be legally to possess the firearm for only safe
keeping in a prescribed manner, such as the locking safe and ensuring the
control of keys out of reach by other persons.
Magadlela
stresses that the heir of the estate of the deceased, must have an executorship
or appointment letter issued by the Estate representative, or Clerk of the
Court respectively.
“The family of
the deceased must visit the Police Station in their precinct for advice on how
to deal with such a firearm. Any person nominated to take over the ownership of
the firearm, must within 30 days from the day the owner dies, start to apply
for a competency certificate to possess a firearm.” Magadlela said.
“People must
know that a competency certificate does not allow a person to carry a firearm,
however, it is only a step for one to apply for a license to possess a firearm.
“Firearms are
no more allowed to be taken to Police Stations for safe keeping, however, a
permission to store a firearm can be granted to any person of your choice, who
owns a firearm(s) for the safe-keeping on your behalf, or arrangements can be
made with a Firearm Dealer for that purpose. Permission to store a firearm can
be obtained from the Designated Firearm Officer at the nearest Police Station.”
Magadlela said.
In terms of regulation
147 of the Firearms Control Act, Act 60 of 2000, a firearm belonging to a
deceased person, can be disposed of in four different ways, only if the heir of
the deceased estate is not interested in taking the ownership. Here
are the options to dispose of such a firearm(s):
1. Donate the
firearm to the next person which he/she must apply for a license to possess
such a firearm.
2. Sell the
firearm to the Dealer
3. Surrender the
firearm(s) to SAPS for destruction
4. Apply for
deactivation with SAPS
Magadlela said
the heir can donate the firearm to the next person if is not interested in
taking ownership of the firearm, then he/she can nominate or offer any other
person whether family member or any other member in this case but such person
must comply with the law.
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