MINISTER MTHETHWA ANNOUNCES MORE PLANS TO IMPROVE FIREARM APPLICATIONS AND CONTROLS

Enactment will allow for renewal of competency firearms certificates

PRETORIA – 14 December 2010. The Ministry of Police’s efforts of improving responsible firearm control as well as aspects relating to firearm application and licensing are receiving a priority, both operationally and legislatively.

To this end, the Minister of Police, Nathi Mthethwa announced today that the President of the Republic has signed a Proclamation that will enact and address some of the legislative shortcomings.  The Proclamation allows for sections of the Firearms Control Amendment Act dealing with renewals of competency certificates to come into effect as of 10^th January 2011.  The regulations dealing with these amendments will be published in a Government Gazette and will entail newly-simplified renewal forms.  The renewal forms will be available at all police stations by 10 January 2011.

Following an investigation by a Ministerial Task Team at the Central Firearms Registry as publicly outlined last month, certain shortcomings have been identified which require urgent steps to be undertaken.  “One of the shortcomings is the fact that the present Firearms Control Act, does not provide for a mechanism for the renewal of competency certificates.  Although such a procedure was captured in the Firearms Control Amendment Act, it had not been put into operation.  Now this matter will be speedily resolved,” stated Minister Mthethwa.

From the 10^th January 2011, all persons whose competency certificates are up for renewal must apply at local police station within 90 days of the expiry date.  That means between 11 January and 11 April 2011 after which time, if they have not applied for renewal, they will be prosecuted.  Given the fact that there are people whose competencies have already expired, this policy announcement is meant to allow such affected people to also make use of this renewal process.

“We do recognize some of the frustrations that certain members of society were faced with; we have tried to accommodate such people.  After all it is not government’s stance to criminalize law-abiding citizens.  We are therefore allowing citizens whose competencies expired in 2010 and who have not applied for new competency certificates, to make use of the renewal process,” added the Minister.

This enactment means that in addition to the provisions allowing for a renewal of competency the following will apply:

• All persons in possession of muzzle loading firearms will need to apply for competency certificates and will have 12 months in which to comply.
• Once a person has applied for renewal of their competency certificate and has proof of this application, the old competency certificate will remain valid until the person is issued with the new competency certificate or the new competency certificate is declined.
• Presently a competency certificate is valid for a period of five years, despite the fact that some licenses are valid for ten years.  From 10 January 2011 the validity period of a competency certificate shall be the same as the license to which the certificate relates.
• New provision will also extend certain business licensing period in an attempt to alleviate the administrative burden on the Central Firearms Registry and the relicensing process.

The Ministry of Police envisages that this process, will amongst others ensure that firearms control in South Africa and licensing thereof, is both transparent, efficient and importantly, that only law-abiding and responsible citizens are entitled to firearm ownership.  In addition the Ministry has also committed itself to addressing all other aspects of the Firearm Control Amendment Act early in 2011.

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For enquiries, please contact:
Zweli Mnisi, Spokesperson to the Minister of Police 082 045 4024

Issued by the Ministry of Police.

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Firearm Legislation: Competency Certificates

Competency certificates are being issued by SAPS for a period of 5 years, where after the holder has to apply for a “new” competency certificate. Members are urged to check the date of expiry printed on their “white, credit card type” competency certificates issued by SAPS. Application for a “new” competency certificate must be submitted 90 days before the final date indicated on the card. There is no guarantee that the new competency certificate will be issued within 90 days of application. We therefore encourage members to ensure that they receive some type of formal, stamped and dated confirmation of their application for such a new competency certificate.

There are still some confusion regarding the application process, but according to documentation available, it seems as if the following will be applicable:

1.  Applications must be done on the SAPS517 form (Application for competency certificate).

2.  The current training certificate which was successfully utilized to apply for the first competency  certificate will be acceptable unless the Registrar (National Commissioner) determines otherwise.

3.  If one has completed the so-called “older” unit standards with numbers US 10748 (use of a handgun),  US 10750 (use of a rifle), and US 10754 (use of a shotgun) these unit standards remain valid and no re- training needs to be conducted unless the SAPS requests one to do an additional unit standard. In  which case they will motivate why they require you to complete an additional unit standard (but it is  highly unlikely). This situation will concern all applicants who completed the specific unit standard for the  specific firearm (handgun, rifle, shotgun), and who have applied for an original competency certificate  before 1 January 2008. Obviously one only needs to attach the specific training certificate(s) pertaining  to the firearms one hold licences for.

4.  If one had completed the so-called “full Monty” with the later unit standards, namely US 117705  (Demonstrate knowledge of the Firearms Control Act), US 119649 (Handle and use of a handgun), US  119651 (Handle and use of a manually operated rifle or hand carbine), and US 119652 (Handle and use  of a shotgun), one only has to attach the specific training certificate(s) to the SAPS 517, and hand it in.

5.  If one had only completed Unit standard 117705 (Demonstrate knowledge of the Firearms Control Act)  and a competency certificate was issued in terms of that unit standard, one does not need to undergo  any further training if one has not acquired a new firearm in the period that the specific competency  certificate  was valid. One then also only complete the SAPS 517 form and attach one’s US 117705  training certificate with the “new” application for a competency certificate. This scenario thus applies to  those individuals who still only possess those firearms for which they have applied for renewal of  licence(s).

6.  If one has only completed Unit standard 117705 (Demonstrate knowledge of the Firearms Control Act)  and a competency certificate was issued in terms of that unit standard, one will have to do further  training if one has acquired a new firearm in the period the “old’ competency certificate was valid. Say  for instance one has acquired a handgun with SAPS’s acknowledgement that one has a competency  certificate on the grounds of US 117705 (knowledge of the Act), then one will have to complete Unit  Standard 119649 (handle and use of a handgun) with the original training provider where training in  knowledge of the Act was completed or with any other accredited training provider where one will have  to do the theory and do a practical shooting evaluation. This obviously also pertains to a new rifle or  shotgun that was acquired with the competency certificate issued in terms of US 117705. For a new rifle  US 119651 (handle and use of a manually operated rifle or hand carbine) will have to be completed. For  a new shotgun US 119652 (Handle and use of a shotgun) is required.

In all four the above-mentioned scenarios of applying for a “new” competency on form SAPS 517, the  SAPS will take fingerprints again.