Applications of firearm licences previously expired now possible
[{“type”:”text”,”content”:”This directive now allows owners whose licences expired to apply for new licences without having to hand in their firearms to the police for safekeeping while their applications are being processed. The applicant must comply with exactly the same requirements as those of a new firearm licence application, such as a valid competency certificate.nnThis directive follows the Constitutional Court judgement of 27 May 2022 in the court case between the police and Fidelity, which had started in the High Court, escalated to the Supreme Court of Appeal, and finally ended at the Constitutional Court. According to this ruling, any person who is in possession of a firearm with an expired licence would be allowed to apply for a new licence for that firearm and that this is not limited to a licence for business purposes. nnThe Constitutional Court, however, emphasised that the possession of a firearm without a valid licence or other authority to possess one, is unlawful possession and constitutes an offence. The Constitutional Court does not expect the police to prosecute holders of firearms whose licences expired and wish to rectify their position.nnThe DFO is directed to accept and consider the application for new licences when submitted to the police by owners of firearms of which the licences have expired. It must be emphasised that these applications will follow the same process as a new application for a firearm licence. It is required that the applicant must physically present the firearm for which they intend to apply for a licence in a specific category, together with a copy of the expired licence to the DFO for inspection and validation. The DFO will issue a verification certificate that is signed by both the applicant and the DFO. The firearm owner may take the firearm home and store it in an approved safe as regulated by the Firearms Control Act, but may not use it.nnThe directive to all police stations is explicit in its instructions regarding the process and the timelines that DFO and the Central Firearms Registry (CFR) must follow in dealing with these applications. nnThe directive also deals with firearms from deceased estates. A copy of the executoru2019s letter and a copy of the licence or identity document of the deceased must be attached. The application will be dealt with according to the normal estate application route. nnAgri SA welcomes the issuing of this instruction and guidelines on how the police should deal with applications of firearm licences that have previously expired. This development brings relief for many members of the organisation and farmers who are firearm owners and may have forgotten to renew their firearm licences in time. The Centre of Excellence: Rural Safety emphasises that it is important that firearm licences should be renewed within the 90-day period before it expires, as prescribed by Firearms Control Act.”,”position”:0,”id”:”0zr4hOIAVfPUEx5E”}]