South Africa’s Firearms Control Act has strict stipulations on gun storage. Image: Pixabay: Brett Hondow
KZN teen shooting: What are the current gun laws in SA?
A 14-year-old in KZN allegedly shot himself by accident while playing with a relative’s gun. What are the current gun laws in SA?
South Africa’s Firearms Control Act has strict stipulations on gun storage. Image: Pixabay: Brett Hondow
The issue of gun laws reared its ugly head again when on Tuesday South Africans woke up to the shocking news that a 14-year-old in KZN allegedly shot himself by accident while playing with a relative’s gun.
How did this happen? While South Africa has more stringent gun laws than say, the USA for example, these are the kind of horror stories that always threaten to emerge when it comes to gun ownership.
READ ALSO: 16-year-old sustains gunshot to the back
Preventative measures of course are the responsibility of each individual gun owner. While details are still emerging on the circumstances around Monday’s tragedy, it’s worth looking at what the law says about gun ownership and gun storage in South Africa.
A comprehensive firearms bill
South Africa has an inclusive firearms-control regulatory system in place that consists of the Firearms Control Act of 2000 (FCA) as well as its subsidiary legislation, the Firearms Control Regulations (FCA Regulations.)
These two laws came into effect in 2004. The FCA has been amended several times since its enactment to address evolving challenges related to gun control and firearm violence in SA. More recently this includes the Firearms Control Amendment Act of 2020, signed into law by President Cyril Ramaphosa on 22 May 2020, which introduced new provisions to address the issue of stolen firearms.
READ ALSO: Police bust firearm dealers for availing guns to gangsters
In 2021, Parliament’s Portfolio Committee on Police held back on a further amendment – the controversial Firearms Control Amendment Bill, which sought to make gun ownership for self-defence illegal, amongst other proposals.
The National Commissioner of the South African Police Service (SAPS) is the designated regulatory authority on gun ownership. The FCA was originally put in place to create a comprehensive, effective system of gun control and to cover all related matters.
To own a firearm, individuals must apply for a license from the South African Police Service (SAPS) and meet a set of strict requirements, including passing a background check, undergoing firearms training and providing valid reasons for owning a firearm.
READ ALSO: Firearms Control: Now DA launches petition against gun control
The law also establishes different categories of firearms, with more stringent requirements for owning and using more powerful weapons, such as semi-automatic rifles and handguns.
Additionally, there are specific rules and regulations for storing and transporting firearms, and individuals found to be in violation of these rules may face legal consequences.
Gun laws are clear on safe storage of firearms
The Act also includes strict regulations on the safe storage of firearms. These regulations aim to prevent theft, misuse, and accidental discharge of firearms.
READ ALSO: Matthew McConaughey calls for gun control in emotional speech [watch]
The law requires firearm owners to store their firearms in a safe or strongroom that meets certain specifications, such as being made of steel and secured with a lock. The firearms must also be stored unloaded, with ammunition stored separately in a locked container. The Act also says:
- Firearms should be stored in a way that makes them inaccessible to unauthorized persons, including children, thieves, and anyone who is not authorised to handle the firearm.
- Firearm owners are also required to keep a record of the firearms in their possession, and to report any loss, theft or damage to the firearm to the nearest police station.
Non-compliance with the safe storage requirements can result in criminal charges being filed against the owner, and the confiscation of firearms.
