Firearms Licenses

North Gauteng High Court: Sections 24 and 28 of the Firearms Control Act, 2000 (Act 60 of 2000) are declared unconstitutional in South African Hunters and Game Conservation Association v Minister of Safety and Security of the Republic of South Africa.

Section 24 of the Act requires that any person who seeks to renew a licence must do so 90 days before its expiry date Section 28 stipulates that if a firearm licence has been cancelled‚ the firearm must be disposed of or forfeited to the state. A 60-day time frame was placed on its disposal, which was to be done through a dealer.

The court classified these sections as “unconstitutional.”

Parliament now has 18 months to amend the act, allowing it to comply with the Constitution.

All firearms issued in terms of the Firearm Control Act, which are or were due to be renewed in terms of Section 24 of the Act, “will be deemed to be valid, until the Constitutional Court has made its determination on the Constitutionality of the aforesaid sections.”

Full judgment:  (you have to be online to view this judgment)

Contact CAO for more details.