GUN VIOLENCE AND GUN OWNERSHIP IN SOUTH AFRICA

On : 16:45

In : SAFETY ALERTS

Gun violence and is one of the more serious crimes that occurs in South Africa. There are thousands of gun owners, but do we as gun owners really know what to do regarding gun safety or child safety around guns? Just in case, here are a few thing that may assist you, the gun owner, as stipulated by the SAPS.

Violence against women and children is one of the biggest challenges that South Africa is facing at the moment. The weapons that are most commonly used to kill women and children are firearms. Firearms are also frequently used in domestic violence. Research has shown that women and children often fall prey to violence in around their places of residence. In most instances, the offender is known to the victim.
Many children injure or fatally wound others or themselves with firearms that are left unattended by irresponsible firearm owners.
Government and the South African Police Service (SAPS) are doing everything in their power to fight violence against women and children by means of legislation. The Domestic Violence Act, 1998 (Act No 116 of 1998) and the Firearms Control Act, 2000 (Act No 60 of 2000) give women and children all over South Africa a real chance to be protected against violence.

What can you do when you or someone else is exposed to violence at home?

The Domestic Violence Act, 1998 allows you to obtain a protection order against any form of violence from your nearest magistrate’s court.
Please do not be scared to report any acts of violence or abuse that take place in your home to the SAPS.
The SAPS will come to your house if you inform them that you are being treated in a violent or abusive manner.
When the SAPS members arrive at your house, tell them if there is a firearm in the house. The SAPS will search the premises and seize any firearms that are found.
If the abuser has a firearm, the SAPS will establish whether he or she has a firearm licence. If he or she does not have a licence, the police will charge him or her with the illegal possession of a firearm.

How does the Firearms Control Act, 2000 protect a person against violence?

The
Act determines the following:

Before a person is granted a firearm licence, he or she must obtain a training certificate by writing a test and undergoing practical training in the handling of a firearm.
The SAPS checks the background of every person who applies for a firearm licence.
The SAPS will not issue a competency certificate to a person if he or she is dependent on any substance, mentally unstable or shows a tendency towards violence.

The SAPS can declare a firearm owner unfit to possess a firearm if -

a final protection order in terms of the Domestic Violence Act, 1998 has been issued against him or her;
he or she has threatened to kill or injure himself, herself or another person by means of a firearm or any other dangerous weapon;
he or she is mentally unstable, displays violent behaviour or is dependent on any substance such as drugs or alcohol;
he or she does not store the firearm in a safe place; and
he or she provides false information in order to obtain a firearm.

NB: To enable the SAPS to start an investigation to declare a person unfit to possess a firearm, the SAPS must obtain a statement under oath from a witness.
A person will automatically be declared unfit to possess a firearm if he or she has been convicted in court of, amongst others, -

any offence involving violence or sexual abuse;
any offence mentioned in the Domestic Violence Act, 1998 where the person is sentenced to imprisonment without the option of a fine; and
the abuse of alcohol or drugs and dealing in drugs.

PROTECT YOURSELF AND YOUR CHILDREN! REPORT ILLEGAL FIREARMS OR THE ABUSE OF FIREARMS IMMEDIATELY TO THE SAPS.

Phone SAPS Crime Stop on
08600 10111

What can you as a parent do to protect your children against firearm violence?

Teach your children about the dangers that they might encounter, dangers such as hot stoves, poison, fire, and firearms.
Teach your children that a firearm is a deadly weapon and not a toy.
Make sure that your firearms are kept in a firearm safe and that your children do not get hold of the keys to the safe.
Teach your children that an air gun is still a dangerous weapon. Although air guns have been deregulated, the abuse of an air gun is regarded as an offence.
An adult should be present whenever a child uses an air gun.

If you have very small children, it is advisable to teach them the following basic safety rules if they see a firearm at home, at a friend’s house or anywhere else:

STOP!
DON’T TOUCH.
LEAVE THE AREA.
TELL AN ADULT

Below are some important links from SAGA, the South African Gunowners Association, which may cover some legislation relating to firearms and gun ownership in South Africa:

Firearm-Free Zones Notice (7 May 2004)

Final Regulations to the Firearms Control Act (29 March 2004)

Firearms Control Amendment ACT 22/12/2003 Gazette 25863 PDF file

Firearms Control Amendment Bill: voting 19 Sep 2003

FIREARMS Control Amendment Bill [B28-2003] -->.pdf file

Proposed Compulsory Specification For Small Arms Shooting Ranges 15/8/2003 774k PDF file

Commencement of parts of the FCA 60 of 2000 (start 1/7/2003) (page 3 Gazette 25153 30/6/2003)

Accreditation Regulations (start 1/7/2003) (Gazette 25153 30/6/2003)

Current Firearm Legislation (link updated 26 November 2002)

Legislation in Parliament (New item 31 October 2002)

FIREARMS CONTROL ACT - ACT 60 of 2000

Arms and Ammunition Act No 75 of 1969 (mainly current)