The Firearms Control Act (60 of 2000) has long been the cause of heated debate between those who would possess firearms as opposed to those who regulate and administer control thereof. I recall an evening about ten years ago when one particular genius — who I’m sure slept with his guns while his missus took up a spot in their spare room — was ranting and raving about how he was a collector and when this act came in he’d be down to his last ICBM and 30 Uzis.

Hardly enough firepower to blow up a small country.

Anyhow, the point of the matter is that gun owners do have a number of legitimate concerns which do need urgent clarification.

The Central Firearm Register is claiming that in terms of the Firearms Control Act, from June 30 2009 all firearm licences issued in terms of the Arms and Ammunition Act (75 of 1969) will cease to be valid. Yep many of you lot who have not renewed are going to be criminals and less deserving to breathe the good air of South Africa than most cross-dressers I would imagine.

In response to this Gun Owners of South Africa (Gosa) have instructed their attorneys to apply for an interdict — details of which have not been supplied to me — but probably along the lines of stopping the powers that be from prosecuting “offenders” until such time as the disputes between Gosa and CFR has been finalised.

Included in these disputes is: the failure to pay compensation to those gun owners who are compelled to turn their weapons over to the police; the fact that the Arms and Ammunition Act afforded owners a licence for life which has now purportedly been overturned by the Firearms Control Act, which may require the Constitutional Court to resolve, and the fact that Gosa requires an audit of the new act.

The Black Gun Owners Association apparently went on a march in May to express their displeasure at certain parts of the Firearms Control Act.

Now whether or not you believe in citizens owning guns — shock time … I hate them with a passion — the fact of the matter is that our law currently provides for it. Moreover the SAPS are battling to collect and store the guns in accordance with the act while compensating the owners.

Accordingly this issue needs to be resolved as a matter of urgency because uncertainty surrounding the ownership of guns and other weapons can never be a good thing in a crime-ridden South Africa. The SAPS and the criminal justice system need clarity in order to enforce the law.

Whether the act is unconstitutional as claimed is a non-starter but there may well be provisions which offend.

I was requested by one of my readers, Jim Stockley, to highlight this issue because apparently it affects hundreds of thousands of you lot.

May the force be with you.

Author

  • Mike Trapido is a criminal attorney and publicist having also worked as an editor and journalist. He was born in Johannesburg and attended HA Jack and Highlands North High Schools. He married Robyn in 1984 (Mrs Traps, aka "the government") and has three sons (who all look suspiciously like her ex-boss). He was a counsellor on the JCCI for a year around 1992. His passions include Derby County, Blue Bulls, Orlando Pirates, Proteas and Springboks. He takes Valium in order to cope with Bafana Bafana's results. Practice Michael Trapido Attorney (civil and criminal) 011 022 7332 Facebook

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Michael Trapido

Mike Trapido is a criminal attorney and publicist having also worked as an editor and journalist. He was born in Johannesburg and attended HA Jack and Highlands North High Schools. He married Robyn...

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