Newsletters

NHSA Newsletter

VOL. 13 (20) - 04-07-2017

LEGAL IMPLICATIONS RE 4 JULY VERDICT IN SA HUNTERS' COURT CASE

(RENEWAL OF LICENCES)

Dear Member,

You can download the initially indicated legal implications of the verdict in the SA Hunters' case re Renewal of Licences, as presented by our Legal Advisor, HERE

In Summary: our Legal Advisor, Mr Juan Kotze, advises as follows on possible questions which members may have following Judge Tolmay's verdict:

Question: Will I have to renew my firearm licenses in future?

Answer: In the present judgment, the court has not made a finding on the principle to have firearms licenses renewed from time to time. Probably, a new relicensing process will be enacted.

Question: Can I still apply for the relicensing of my firearm license if I choose to do so?

Answer: It is in terms of the judgment not necessary to apply for the relicensing of firearm licenses that are due to expire soon. It remains to be seen whether the Police will continue to accept and process relicensing applications but there is no need or benefit for a firearm owner to “play according to the old rules”. A SAPS directive in this regard should be given shortly.

Question: Can I sell a firearm of which the license has “expired”?

Answer: Yes, irrespective of whether you have an old green or new white license.

Question: If I have failed to renew my old license (green licence) that had been issued in terms of the Old Act, am I still in legal possession of such a firearm and can I sell it?

Answer: Yes.

Question: Can I claim my firearm that had been given to the Police in fear of being prosecuted, back from the Police?

Answer: Yes, but it depends on the conditions under which the firearm was handed in / surrendered. If you completed the form authorizing the “destruction” of the firearm, you will in all probability have difficulty claiming it back. 

We shall keep our members posted on all further developments in this regard as we receive them.

Regards,

Herman Els

Notice of the content of this Newsletter Emailed to all members on 04-07-2017 @ 17:45