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SAGA responds to Concourt ruling on fire-arms legislation


The SA Gun Owners Association has appealed to its members to comply with firearm laws following Thursday's ruling in the Constitutional Court.

The Concourt upheld the appeal by the Minister of Safety and Security in setting aside a High Court order which had declared that two sections of the Firearms Control Act of 2000 to be constitutionally invalid.  The sections concerned the expiration and renewal of firearm licences.

The high court application was brought by the South African Hunters and Game Conservation Association which argued that sections 24 and 28 which said the sections were unlawful.

However, Constitutional Court judge, Johan Froneman, held that neither of the provisions was "irrational" or "vague" further rejecting that there were no "lawful" means to dispose of firearms.

In a statement on Friday, SAGA said that "in reality, the highest court in the land has now ruled that persons who have not renewed their licenses and have not disposed of them are in illegal possession thereof".

Spokesperson, Advocate John Welch, said that members, before rushing off to the closest police station to surrender their now unlicensed firearm, should wait a few days for the police's reaction.

"We suspect that the Minister or National Commissioner will soon distribute a directive informing affected persons what to do. There is currently a police instruction stipulating that persons who have failed to renew their licenses must not be prosecuted, hence we believe further instructions will be given," he said.

Welch said that if the SAPS do not provide any guidelines they are proposing that SAGA members hold onto their guns and wait for an amnesty declaration.

"However, we do not know when it will come into operation. In fact, it is yet to be approved by parliament," Welch said.

He said SAGA is also extremely concerned about corruption and the theft and robbery of firearms at police stations, adding that "there is no other alternative and firearms may only be surrendered to the police.

Welch said that SAGA will soon be meeting with SAPS with a view to clarifying matters, especially the proposed amnesty and the enforcement of the law after the Constitutional Court judgment.

"In the meanwhile, we urge members to ensure compliance with the law and make sure they apply for renewal of licenses not less than 90 days before the expiry thereof," he said.