IN POSSESSION OF A FIREARM WITH AN EXPIRED LICENCE?

YOU MAY FACE CRIMINAL CHARGES FOR THE POSSESSION OF AN ILLEGAL FIREARM.

In National Commissioner of Police and Another v Gun Owners of South Africa (561/2019) [2020] ZASCA 88, the Supreme Court of Appeal (SCA) overturned a 2018 Order of the High Court which, in essence, prohibited the South African Police Service (SAPS) from accepting firearms with expired licences and demanding that such firearms be handed over to it on the sole basis that the licence has expired. The order further allowed for the extension of the periods referred to in sections 24, 27 and 28 of the Firearms Control Act 60 of 2000 (the Act) relating to the renewal, period of validity and termination of a firearm licence.

The SCA found that the High Court had overstepped its bounds and that it interfered with the powers of the SAPS by prohibiting the SAPS from implementing and enforcing its obligations in terms of the Act.

The SCA explained that ownership of a firearm is not a right in terms of the Bill of Rights, but a privilege that is regulated by the Act. The SCA referred to section 3(1) of the Act which clearly prohibits the possession of a firearm without a licence, permit, authorisation or registration certificate. The SCA further stated that “Once a licence is terminated for whatever reason, including the holder’s failure to renew it timeously before it lapsed, the holder is then in unlawful possession of a firearm, which is a criminal offence.”

Therefore, every person in possession of a firearm must ensure that such firearm has a valid licence at all time, and that the application for the renewal of a licence is done timeously. Upon the expiration of the licence, the licence is invalid and the holder is then in unlawful possession of a firearm and may face criminal charges and prosecution.

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