South Africa
Firearms Control Act, 2000
Act 60 of 2000
- Published in Government Gazette 22214 on 10 April 2001
- Assented to on 4 April 2001
- There are multiple commencements
- [This is the version of this document as it was from 22 December 2003 to 9 January 2011.]
Provisions | Status |
---|---|
Chapter 1, section 2; Chapter 3, section 5; Chapter 14, section 113; Chapter 16, section 120(1)(a), 120(1)(c), section 121; Chapter 20, section 140 | commenced on 1 June 2001 by Proclamation R33 of 2001. |
Chapter 4, section 8; Chapter 14, section 115; Chapter 17, section 123, section 124(2)(h), 124(3), section 125(1)(g), section 128, section 129–131; Chapter 18, section 133(1)(d), 133(2), 133(3), 133(4); Chapter 21, section 141, section 143–144, section 145(1)(a), 145(1)(k), 145(1)(l), 145(1)(n), 145(2), section 151, section 152 | commenced on 1 July 2003 by Proclamation R52 of 2003. |
Chapter 20, section 140(4) | commenced on 22 December 2003 by Act 43 of 2003. |
Chapter 1, section 1; Chapter 2 (section 3–4); Chapter 3 (in part); Chapter 4, section 6–7; Chapter 5 (section 9–10); Chapter 6 (section 11–30); Chapter 7 (section 31–72); Chapter 8 (section 73–82); Chapter 9 (section 83–89); Chapter 10 (section 90–94); Chapter 11 (section 95–101); Chapter 12 (section 102–105); Chapter 13 (section 106–109); Chapter 14, section 110–112, section 114, section 116; Chapter 15 (section 117–119); Chapter 16, section 120(1)(b), 120(2), 120(3), 120(4), 120(5), 120(6), 120(7), 120(8), 120(9), 120(10), 120(11), 120(12), section 122; Chapter 17, section 124(1), 124(2)(a), 124(2)(b), 124(2)(c), 124(2)(d), 124(2)(e), 124(2)(f), 124(2)(g), section 125(1)(a), 125(1)(b), 125(1)(c), 125(1)(d), 125(1)(e), 125(1)(f), 125(2), section 126, section 127, section 132; Chapter 18, section 133(1)(a), 133(1)(b), 133(1)(c); Chapter 19 (section 134–137); Chapter 20, section 138, section 139; Chapter 21, section 142, section 145(1)(b), 145(1)(c), 145(1)(d), 145(1)(e), 145(1)(f), 145(1)(g), 145(1)(h), 145(1)(i), 145(1)(j), 145(1)(m), 145(3), 145(4), section 146, section 147–150, section 153–154 | commenced on 1 July 2004 by Proclamation 28 of 2004. |
- [Amended by Firearms Control Amendment Act, 2003 (Act 43 of 2003) on 22 December 2003]
Chapter 1
Introductory provisions
1. Definitions
In this Act, unless the context indicates otherwise—"accredit" means accredit as contemplated in section 8;"airgun" means any device manufactured to discharge a bullet or any other projectile—(a)of a calibre of less than 5.6 mm (.22 calibre); or(b)at a muzzle energy of less than 8 joules (6ft-lbs),by means of compressed gas and not by means of burning propellant;[definition of "airgun" substituted by section 1(a) of Act 43 of 2003]"ammunition" means a primer or complete cartridge;"antique firearm" means any muzzle loading firearm manufactured before 1 January 1900, or any replica of such a firearm;"Appeal Board" means the Appeal Board established by section 128;"cartridge" means a complete object consisting of a cartridge case, primer, propellant and bullet;"competency certificate" means a competency certificate contemplated in Chapter 5;"dealer" means any person who is licensed in terms of this Act to trade in firearms and ammunition;"dedicated hunter" means a person who actively participates in hunting activities and who is a member of an accredited hunting association;"dedicated sports person" means a person who actively participates in sports-shooting and who is a member of an accredited sports-shooting organisation;"Designated Firearms Officer" means a police official contemplated in section 124(2)(h);"firearm" means any—(a)device manufactured or designed to propel a bullet or projectile through a barrel or cylinder by means of burning propellant, at a muzzle energy exceeding 8 joules (6 ft-lbs);(b)device manufactured or designed to discharge rim-fire, centre-fire or pin-fire ammunition;(c)device which is not at the time capable of discharging any bullet or projectile, but which can be readily altered to be a firearm within the meaning of paragraph (a) or (b);(d)device manufactured to discharge a bullet or any other projectile of a calibre of 5.6 mm (.22 calibre) or higher at a muzzle energy of more than 8 joules (6 ft-lbs), by means of compressed gas and not by means of burning propellant; or[paragraph (d) substituted by section 1(b) of Act 43 of 2003](e)barrel, frame or receiver of a device referred to in paragraphs (a), (b), (c) or (d),but does not include any device contemplated in section 5;"fully automatic" means capable of discharging more than one shot with a single depression of the trigger;"gunsmith" means any person who performs work contemplated in section 59, but who does not manufacture firearms;"handgun" means a pistol or revolver which can be held in and discharged with one hand;"imitation firearm" means anything that has the appearance of a firearm but is not capable of operating as such and cannot by superficial examination be identified as an imitation;"juristic person" includes a partnership and any other association of persons;"load" includes reload, and "loading" has a corresponding meaning;"Minister" means the Minister of Safety and Security;"National Commissioner" means the National Commissioner of the South African Police Service, appointed in terms of section 207(1) of the Constitution;"occasional hunter" means any person who, from time to time, participates in hunting activities but who is not a member of an accredited hunting association;"occasional sports person" means any person who, from time to time, participates in sports-shooting but who is not a member of an accredited sports-shooting organisation;"police official" means—(a)a member of the South African Police Service as defined in section 1 of the South African Police Service Act, 1995 (Act No. 68 of 1995), and a member of any municipal police service established in terms of that Act;(b)a person designated by the Minister as a police official under section 142; and(c)a member of the South African National Defence Force deployed in co-operation with the South African Police Service;"prescribed" means prescribed by regulation;"previous Act" means the Arms and Ammunition Act, 1969 (Act No. 75 of 1969);"private collector" means a person who collects firearms or ammunition, who is a member of an accredited collector’s association and who is not a public collector;"public collector" means a person who collects firearms or ammunition for display to the public and is accredited as such;"Registrar" means the person referred to in section 123;"regulation" means a regulation made under section 145;"restricted firearm" means any firearm contemplated in section 14(1);"security company" [definition of "security company" deleted by section 1(c) of Act 43 of 2003]"security officer" means a security officer as defined in section 1 of the Private Security Industry Regulation Act, 2001 (Act No. 56 of 2001);[definition of "security officer" substituted by section 1(d) of Act 43 of 2003]"Security service provider" means a security service provider as defined in section 1 of the Private Securily Industry Rezulation Act, 2001 (Act No. 56 of 2001);[definition of "security service provider" inserted by section 1(e) of Act 43 of 2003]"semi-automatic" means self-loading but not capable of discharging more than one shot with a single depression of the trigger;"this Act" includes any regulation;"transfer" includes selling, letting, donating, lending or otherwise parting with possession.2. Purpose of Act
The purpose of this Act is to—Chapter 2
Prohibitions
3. General prohibition in respect of firearms
No person may possess a firearm unless he or she holds a licence, permit or authorisation issued in terms of this Act for that firearm.4. Prohibited firearms
Chapter 3
Special provisions in respect of certain devices
5. Devices not firearms for purposes of this Act
Chapter 4
Competency certificates, licences, permits, authorisations and accreditations
6. Competency certificates, licences, permits and authorisations
7. Applications by persons other than natural persons
8. Accreditation
Chapter 5
Competency certificates
9. Application for competency certificate
10. Competency certificate
Chapter 6
Licence to possess firearm
11. Separate licence in respect of each firearm
12. Additional licences
13. Licence to possess firearm for self-defence
14. Licence to possess restricted firearm for self-defence
15. Licence to possess firearm for occasional hunting and sports-shooting
16. Licence to possess firearm for dedicated hunting and dedicated sports-shooting
17. Licence to possess firearm in private collection
18. Permit to possess ammunition in private collection
19. Licence to possess a firearm, and permit to possess ammunition, in public collection
20. Licence to possess firearm for business purposes
21. Temporary authorisation to possess firearm
22. Holder of licence may allow another person to use firearm
Despite anything to the contrary in this Act but subject to section 120(5), any person who is at least 21 years of age and the holder of a licence to possess a firearm issued in terms of this Act may allow any other person to use that firearm while under his or her immediate supervision where it is safe to use the firearm and for a lawful purpose.23. Identification marks on firearms
24. Renewal of firearm licences
25. Notification of change of address
26. Notification of change of circumstances
27. Period of validity of licence or permit
A licence or permit mentioned in Column 2 of the Table below remains valid for the period mentioned in Column 3 of that Table.Table - Period of validity of licence or permit
Section number | Type of licence or permit | Period of validity |
---|---|---|
13 | Licence to possess firearm for self-defence | Five years |
14 | Licence to possess restricted firearm for self-defence | Two years |
15 | Licence to possess firearm for occasional hunting and sports-shooting | Ten years |
16 | Licence to possess firearm for dedicated hunting and dedicated sports-shooting | Ten years |
17 | Licence to possess firearm in private collection | Ten years |
18 | Permit to possess ammunition in private collection | Ten years |
19 | Licence to possess firearm, and permit to possess ammunition, in public collection | Ten years |
20 | Licence to possess firearm for business purposes: Business in hunting | Five years |
20 | Licence to possess firearm for business purposes: Business other than in hunting | Two years |
28. Termination of firearm licence
29. Defaced, lost or stolen licences, permits and authorisations
30. Central firearms database
The Registrar must establish and maintain such central firearms database as may be prescribed.Chapter 7
Licences issued to particular categories of persons - dealers, manufacturers and gunsmiths
Part 1 — Dealers
31. Prohibition of unlicensed trading in firearms or ammunition
32. Requirements for dealer’s licence
33. Conditions imposed on dealer
The Minister may prescribe—34. Dealer’s licence
The dealer’s licence must—35. Renewal of dealer’s licence
36. Temporary authorisation to trade in firearms and ammunition on premises other than those specified in dealer’s licence
37. Change of premises
38. Notification of change of circumstances
39. Duties of dealer
40. Establishment of centralised dealers’ database
The Registrar must establish and maintain such central dealers’ database as may be prescribed.41. Suspension of dealer’s licence
42. Termination of dealer’s licence
43. Application of other laws
A licence issued in terms of Part 1 of this Chapter does not exempt the holder of the licence from having to comply with the provisions of any other law.44. Defaced, lost or stolen licences
Part 2 — Manufacturers
45. Prohibition of unlicensed manufacture of firearms and ammunition
46. Requirements for manufacturer’s licence
47. Conditions imposed on manufacturer
The Minister may prescribe—48. Manufacturer’s licence
A manufacturer’s licence must—49. Renewal of manufacturer’s licence
50. Temporary authorisation to display firearms and ammunition on premises other than those specified in manufacturer’s licence
51. Change of premises
52. Notification of change of circumstances
53. Duties of manufacturer
54. Establishment of centralised manufacturers’ database
The Registrar must establish and maintain such central manufacturers’ database as may be prescribed.55. Suspension of manufacturer’s licence
56. Termination of manufacturer’s licence
57. Application of other laws
A licence issued in terms of Part 2 of this Chapter does not exempt the holder of the licence from having to comply with the provisions of any other law.58. Defaced, lost or stolen licences
Part 3 — Gunsmiths
59. Prohibition of certain work
No person may, without being the holder of a gunsmith’s licence or being registered as an apprentice to such holder—60. Requirement for gunsmith’s licence
A gunsmith’s licence may be issued to a person who is a fit and proper person to perform the work contemplated in section 59.61. Conditions imposed on gunsmith
The Minister may prescribe—62. Gunsmith’s licence
A gunsmith’s licence must—63. Renewal of gunsmith’s licence
64. Temporary authorisation to conduct business as gunsmith on premises other than those specified in gunsmith’s licence
65. Change of premises
66. Notification of change of circumstances
67. Duties of gunsmith
68. Establishment of centralised gunsmiths’ database
The Registrar must establish and maintain such central gunsmiths’ database as may be prescribed.69. Suspension of gunsmith’s licence
70. Termination of gunsmith’s licence
71. Application of other laws
A licence issued in terms of Part 3 of this Chapter does not exempt the holder of the licence from the obligation to comply with any other law.72. Defaced, lost or stolen licences
Chapter 8
Import, export and carriage in-transit of firearms and ammunition
73. Prohibition of import, export or carriage in-transit of firearms and ammunition without permit
74. Requirements for import, export or in-transit permit
75. Conditions imposed on holder of permit
The Minister may prescribe conditions which the Registrar may impose on the holder of a permit issued in terms of this Chapter.76. Import, export or in-transit permit
An import, export or in-transit permit must—77. Permit constitutes licence to possess firearm or ammunition
78. Duties of holder of permit
79. Establishment of central importers’ and exporters’ database
The Registrar must establish and maintain such central importers’ and exporters’ databases as may be prescribed.80. Suspension of import, export and in-transit permits
81. Termination of import, export and in-transit permits
82. Defaced, lost or stolen permits
Chapter 9
Storage, transport and carrying of firearms and ammunition
83. Storage and transport of firearms and ammunition
Firearms and ammunition must be stored and transported in the prescribed manner.84. Carrying of firearm in public place
85. Conditions imposed on transporter of firearm
86. Firearm transporter’s permit
87. Duties of holder of permit
88. Cancellation of firearm transporter’s permit
89. Records to be kept
The Office of the Central Firearms Register must keep a record of prescribed information in respect of all firearm transporter’s permits issued in terms of this Chapter.Chapter 10
Control of ammunition and firearm parts
90. Prohibition of possession of ammunition
No person may possess any ammunition unless he or she—91. Restrictions on possession of ammunition
92. Prohibitions and restrictions on use of certain ammunition
93. Loading or reloading of ammunition
94. Prohibition of possession of firearm parts
Chapter 11
Exemptions
95. Definitions
In this Chapter, unless the context indicates otherwise—96. Exemptions
97. Conditions applicable to institution accredited by Registrar
An Official Institution contemplated in section 95(a)(vi) is subject to such conditions in respect of the acquisition, use, safekeeping and disposal of firearms as may be prescribed, and to such conditions as may be imposed by the Registrar.98. Possession and use of firearms by Official Institution
99. Register to be kept by Official Institution
100. Establishment of central Official Institution firearms databases
The Registrar must establish and maintain such central Official Institution firearms databases as may be prescribed.101. Official Institution’s workstation
The head of an Official Institution must—Chapter 12
Declaration of persons as unfit to possess firearm
102. Declaration by Registrar of person as unfit to possess firearm
103. Declaration by court of person to be unfit to possess firearm
104. Effect of declaration of unfitness
[heading substituted by section 11 of Act 43 of 2003]105. Proof of declaration of unfitness
[heading substituted by section 12 of Act 43 of 2003]A certificate purporting to have been signed by the Registrar or by the registrar of a High Court, the clerk of a magistrates’ court or the clerk of a military court, stating that the person mentioned in the certificate has become or been declared unfit to possess a firearm, or has been convicted of a specific offence or crime, is upon production thereof by any person, prima facie evidence of the facts stated in that certificate.Chapter 13
Inspections
106. Production of licences and firearms for inspection
107. Duty to comply with request of police official or authorised person
108. Request for information
109. Inspection of premises
Chapter 14
Search and seizure
110. Chapter 2 of Criminal Procedure Act, 1977, to apply
111. Search and seizure in course of policing operations in terms of South African Police Service Act, 1995
112. Exercise of powers set out in section 37 of Criminal Procedure Act, 1977
Any police official or other person authorised as such in writing by the Registrar may exercise the powers of a police official set out in section 37 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), in respect of—113. Bodyprints and bodily samples
114. Ballistic testing
115. Inspection, search and seizure for inquiry or investigation (with special warrant)
116. Incidental discovery
If, in the course of a lawful search for anything other than articles referred to in section 110(1), the person executing the search finds an article referred to in section 110(1), in respect of which a reasonable suspicion of illegality or illegal possession exists, such person may seize such article, and must then deal with it or dispose of it in terms of this Act.Chapter 15
Presumptions
117. Presumption of possession of firearm or ammunition
118. Presumptions relating to failure to report
119. Presumption of failure to take reasonable steps
Whenever a person is charged in terms of this Act with an offence of failing to take reasonable steps to ensure that no firearm or ammunition is brought onto premises, a vehicle, a vessel or an aircraft under his or her ownership or control in contravention of this Act, proof that the firearm or ammunition was brought onto premises, a vehicle, a vessel or an aircraft under his or her ownership or control, will, in the absence of evidence to the contrary which raises reasonable doubt, be sufficient evidence that he or she failed to take such reasonable steps.Chapter 16
Offences, penalties and administrative fines
120. Offences
121. Penalties
Any person convicted of a contravention of or a failure to comply with any section mentioned in Column 1 of Schedule 4, may be sentenced to a fine or to imprisonment for a period not exceeding the period mentioned in Column 2 of that Schedule opposite the number of that section.122. Administrative fines
Chapter 17
Organisational structures
123. Registrar of Firearms
The National Commissioner is the Registrar of Firearms.124. Functions of Registrar
125. Central Firearms Register
126. Certificate signed by Registrar to constitute prima facie evidence
Any document containing information contemplated in section 125 and purporting to be a certificate signed by the Registrar is, upon production in a court by any person, prima facie evidence of the facts stated therein.127. Appointment and functions of Head of Office of Central Firearms Register
128. Establishment of Appeal Board
129. Conditions of service, remuneration and allowances of members of Appeal Board
130. Quorum, meetings and procedure of Appeal Board
131. Administrative work of Appeal Board
The administrative work of the Appeal Board must be performed by such members of the South African Police Service as may be designated by the National Commissioner.132. Establishment of Ministerial Committees
Chapter 18
Right of appeal
133. Right of appeal
Chapter 19
Compensation
134. Circumstances where no compensation is payable in respect of firearms and ammunition forfeited to State
No compensation is payable to a person in respect of a firearm or ammunition forfeited to the State in terms of this Act—135. Circumstances where no compensation is payable in respect of firearms and ammunition seized by State
136. No compensation payable where firearms or ammunition are destroyed by State
137. Application for compensation
Chapter 20
Special powers relating to amnesties and firearm-free zones
138. Definition
In this Chapter '‘amnesty" means an indemnity against prosecution for the unlawful possession of a firearm or ammunition.139. Amnesty
140. Firearm-free zones
Chapter 21
General provisions
141. Delegation of powers and assignment of duties
142. Designation as police officials
For purposes of this Act, the Minister may in writing designate any person or any category of persons employed by the State, as police officials.143. Service of documents
144. Return of service
A document purporting to be signed by a police official, or person designated under section 142, indicating that the service was effected in accordance with section 143( 1) by the person who has signed the document, is upon production in a court by any person, prima facie evidence of service of the document.145. Regulations
146. Disposal of firearms in case of ceasing to carry on business
If a person who holds a licence issued in terms of section 20 or who holds a licence, permit or authorisation contemplated in Chapter 7 or 8, ceases to carry on business for any reason, the firearms and ammunition in possession of that person must be kept in safe custody by the person and at the place designated by the Registrar, until they are disposed of as prescribed.147. Disposal of firearms in case of death
148. Inherited firearms
149. Compulsory destruction of firearms by State
150. Deactivation of firearms
151. Jurisdiction of magistrates’ courts
Despite any law to the contrary, any magistrates’ court has jurisdiction to impose any penalty provided for in terms of this Act.152. Act binds State
This Act binds the State.153. Repeal of laws
Subject to Schedule 1, the laws mentioned in the first column of Schedule 3 are hereby repealed to the extent mentioned in the third column of Schedule 3.[section 153 substituted by section 18 of Act 43 of 2003]154. Short title and commencement
This Act is called the Firearms Control Act, 2000, and comes into effect on a date to be fixed by the President by proclamation in the Gazette.History of this document
31 January 2015 amendment not yet applied
02 January 2014 amendment not yet applied
Amended by
Dangerous Weapons Act, 2013
27 April 2013 amendment not yet applied
Amended by
Protection from Harassment Act, 2011
18 January 2013 amendment not yet applied
01 March 2012 amendment not yet applied
Amended by
Firearms Control Amendment Act, 2006
01 December 2011 amendment not yet applied
10 January 2011 amendment not yet applied
Amended by
Firearms Control Amendment Act, 2006
01 July 2004
Commenced by
Firearms Control Act, 2000: Commencement
22 December 2003 this version
Amended by
Firearms Control Amendment Act, 2003
01 July 2003
Commenced by
Firearms Control Act, 2000: Commencement
01 June 2001
Commenced by
Firearms Control Act, 2000: Commencement
10 April 2001
04 April 2001
Assented to
Cited documents 6
Act 6
1. | Criminal Procedure Act, 1977 | 3804 citations |
2. | Occupational Health and Safety Act, 1993 | 979 citations |
3. | Constitution of the Republic of South Africa, 1996 | 601 citations |
4. | Domestic Violence Act, 1998 | 140 citations |
5. | Second General Law Amendment Act, 1974 | 30 citations |
6. | General Law Amendment Act, 1971 | 20 citations |
Documents citing this one 458
Judgment 296
Gazette 153
Act 5
1. | Domestic Violence Act, 1998 | 140 citations |
2. | Regulation of Gatherings Act, 1993 | 133 citations |
3. | Protection from Harassment Act, 2011 | 50 citations |
4. | Customs Control Act, 2014 | 15 citations |
5. | Northern Cape Nature Conservation Act, 2009 |
Government Notice 2
1. | Firearms Control Regulations, 2004 | |
2. | Regulations for the Proper Administration of Special Nature Reserves, National Parks and World Heritage Sites, 2005 |
By-law 1
1. | Recreational Water Use By-law, 2018 |
Provincial Notice 1
1. | KwaZulu-Natal Liquor Licensing Regulations, 2013 |
Subsidiary legislation
Title
|
Date
|
|
---|---|---|
Firearms Control Regulations: Amendment | Government Notice 589 of 2021 | 5 July 2021 |
Firearms Control Regulations: Amendment | Government Notice 275 of 2020 | 9 March 2020 |
Firearms Control Regulations, 2004 | Government Notice R345 of 2004 | 9 March 2020 |
Firearms Control Amendment Act, 2006: Commencement | Proclamation R9 of 2012 | 17 February 2012 |
Firearms Control Regulations: Amendment | Government Notice R1208 of 2010 | 17 December 2010 |
Firearms Control Regulations: Amendment | Government Notice R696 of 2005 | 16 September 2005 |