IMPLEMENTATION OF
FIREARMS CONTROL
LEGISLATION IN
SOUTH AFRICA
PRESENTATION TO THE
PORTFOLIO COMMITTEE FOR
SAFETY AND SECURITY
2002-09-04
AIM OF THE PRESENTATION
 The aim of this presentation is to provide
you with a holistic overview of the
implementation of the Firearms Control
Legislation
SCOPE OF THE
PRESENTATION
 SAPS Strategy
 Implementation Processes For Firearms
Control Legislation
 Broad Implementation Plan For The Firearms
Control Act
 Communication
 Impact
 Contentious Issues
 Conclusion
Firearm Strategy
South African Police Service
FIREARMS STRATEGY
To eradicate the proliferation of
firearms for use and
availability in crime and
violence in South Africa
SAPS FIREARMS STRATEGY
Focus areas of Strategy
 Regulators
 Processes and Procedures
 Operational Issues
 Social Crime Prevention
 Regional & Sector Co-operation
Management Structure of FA
Strategy
PRIORITY COMMITTEE
FIREARMS STRATEGY
Programme Office
Regulators
Control
Process &
Procedure
Operational
Issues
Social Crime
Prevention
Regional & Sector
Cooperation
SAPS FIREARM STRATEGY
 Develop and maintain




appropriate firearm related
regulators
ensure effective control
processes and procedures
regarding firearms
reduce and eradicate the
illegal pool and criminal
use of firearms
ensure prevention of crime
and violence through public
and civil awareness and
social design
Regional and Sector Cooperation
 Policy , Legislation ,
standing orders, national
instructions
 Control processes
currently located within
the Central Firearms
Register and the Registrar
of Firearms
 Operational crime
combating approach
 Crime prevention
initiatives i.t.o public
awareness and education
campaigns
 Management of SAPS
Regional intervention on
Firearms, eg Ops Rachel
IMPLEMENTATION
PROCESSES FOR
FIREARMS CONTROL
LEGISLATION
IMPLEMENTATION OF PROCESSES
FOR FIREARMS CONTROL
 Designated Police Officials(DPO’s)
 Licencing
– Firearms Registration Centres
– Enabled Police Stations
 Firearm Control IT System
– Current Firearm Registration System
– Interim Firearm Control System
– New Firearm Control System
Designated Firearms Officials
 Structured At Provincial , Area and Police
Station level
 Responsibilities /Functions
 Firearms Registration Centres
 Enabled Police Stations
 Alternative Model - Gauteng
MODEL OF FIREARMS
REGISTRATION CENTRE
FIREARM CONTROL
MECHANISMS
 FIREARMS REGISTRATION CENTRES
– Gauteng
22 Centres
 Enabled Police Stations
–
–
–
–
–
–
–
–
Eastern Cape
Freestate
KwazuluNatal
Mpumalanga
Northen Cape
Limpopo
North west
Western Cape
 Provincial Office
 Area Offices
53
25
54
22
32
28
31
44
9
44
CAPACITY BUILDING
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





Personnel
Logistical Equipment
IT Equipment
Upgrading Of Infrastructure
Components/units
Central Firearms Register
Provincial , Area And Police Stations
Border Police Units
Serious And Violent Crime Units
Criminal Record Centre
Forensic Science Laboratory
Firearm Control IT System
 Current Firearm Registration System
– Licencing
 Interim Firearm Control System
–
–
–
–
–
–
–
–
–
–
–
Competency certification
Accreditation
Import and export of firearms
Application for new licence
Application for renewal of existing licences (re-licencing)
Application for duplicate licences (replacement)
Temporary authorizations
In-transit permits
Transport permits
Payments
Seized, surrender and destruction of firearms
 Adaptive Maintenance - 1 April 2003
Interim Firearm Control System
Signed on to the System
Interim Firearm Control System
Navigating the Application via expandable Menu’s
Interim Firearm Control System
Initial License Application Capture Screen
Interim Firearm Control System
Scrollable Natural Person Information
Interim Firearm Control System
Full Web Enabled Functionality (E-Mail)
Interim Firearm Control System
Firearm Detail Capture Screen
Interim Firearm Control System
New Firearm License - Front
Interim Firearm Control System
New Firearm License - Back
Interim Firearm Control System
New Firearm License – Dealer License
New Firearm Control System
 BPR Study
– Finalised
 Tender Process & Allocation
– Dec 2002
 Design & Development
– Jan 2003
 Implementation
– To be scheduled following on Tender
Allocation
Audit / Inspections
 Government
– State Departments
• Of 178 Departments 105 have been inspected
– Local Governments (Municipalities)
• Of 856 Municipalities 298 have been inspected
 Security Institutions
– Of approximately 4000 institutions 385 have
been inspected
STANDARDS
 Safe Storage Facilities
– Safes, Strong Rooms, Safety Devices
 Proofing of Firearms
 Shooting Ranges
BROAD
IMPLEMENTATION
PLAN FOR THE
FIREARMS CONTROL
ACT
2002 - 2004
Phased
Implementation
JANUARY 2002
 De- regulation of air
guns
 Increase of License
Fees
 De-regulation
– Streamline admin process
– Implement section 5(1)(f)
of the FCA
 Fees
– To bring costs in line with
actual licensing fees in the
FCA
– Last increase 1992
– Previous Cost = R50-00
– Current Cost = R120-00
JANUARY 2003
 Accreditation
– Hunters Ass
– Collectors
– Sports
– Training
institutions
 To bring external
environment into line with
the requirements of the FCA
 Application of minimum
standards for the use of
firearms in SA
JANUARY 2003
 Voluntary Surrender of
Licenced Firearms
 To reduce the actual
number of firearms to
be audit when sections
of the FCA are
promulgated
 To provide
opportunity to owners
to dispose of firearms
they no longer want.
JANUARY 2003
 Inspection
– Section 107 – Duty to
comply with request of
police official
– Section 108 – Request
for information
 Additional powers to
enhance policing
 Focus is to assist in
the investigation of
crime
 Implementation
particularly in
Crackdown operations
JANUARY 2003
 Organizational
Structures for
the Registrar
of Firearms
 To implement the
organizational structures
within the Central Firearm
Register
 Provide mechanisms for
implementation of i.e DFO,
Appeal Board, FRC etc.
APRIL 2003
 Transitional
Provisions
 Enable department to
implement the
remainder of the FCA
APRIL 2003
 Firearm
Categories
Sec 11 to 27
 Current system will allow for the
issue of licenses in line with the
FCA
 Limitation on number of
firearms possessed by individual
owner
APRIL 2003
 Competency
Certificate
 Re-licencing
of Firearms
(Audit)
 Link between the accreditation and
competency certificates
 Application of minimum standards
for the use of firearms in SA
 Improved information on the
possession on firearms
 Increased control over firearms in
SA
 Enhancing of policing of firearms
APRIL 2003
 Firearm Dealers,
Gunsmiths and
Manufacturers
 Import, Export
and Transit of
Firearms
 Stricter control over
suppliers of firearms
 Enhance co-ordination
between CFR and the
industry
 Control of firearm movement
in and across SA borders
APRIL 2003
 Storage, Transport and
carrying of firearms
and ammunition
 Enhance security
around the carry ,
transport and storage
of firearms
 Applicable to all users
APRIL 2003
 General Provisions
 Provide for the
implementation of
sections relating to the
promulgation of the
regulations of the Act,
Disposal of firearms in
case of ceasing to
carry on business etc.
JULY 2003
 Official Institutions
 Establishment of a stock
control system for all
government departments
 Implementation of permit
system to manage
possession of state owner
firearms by employees
 Implementation of
database for the sharing of
information pertaining to
firearms with the CFR
Additional Legislative Issues
 Amendments to FCA
– Correcting of technical and linguistic errors
– Changes to enhance implementation of the Act
– To be discussed with the Minister for Safety and
Security
 Replacement of the Legal Officer
 Regulations
– Draft Published for Comments - End Sept 2002
– Finalised – April 2003
 Amnesty for the illegal possession of firearms
– To be discussed with the Minister for Safety and
Security
FIREARM FREE ZONE (FFZ)
 Currently Researched
 Pilot Study for FFZ in Schools
– 25 Schools in Co-operation with Dept of Education
•
•
•
•
•
North West
Gauteng
Western Cape
Eastern Cape
KwazuluNatal
5
5
5
5
5
 Model for FFZ for implementation
 Report finalised Mid-September 2002
 Roll-out to be verified with the Minister
CONTENTIOUS ISSUES
EFFECTING IMPLEMENTATION
 Amendments to the Act
 Duration of Implementation
 Timeous Communication on progress of
implementation to SAPS as an organization
and to the Public
COMMUNICATION
 Short term objectives;
– To support operational implementation of the FCA
– Assist in educating the community and the SAPS
– To create public and SAPS support for the Firearms Control Act and Regulations
and its objectives.
– Encourage compliance with the Firearms Control Act and Regulations.
– To build understanding and support for key themes in the Firearms Control Act and
Regulations.
 Medium to long term objectives
– Facilitate change of attitudes of the youth to firearms and firearm violence.
– To create a culture of responsible firearm ownership and responsible use of
firearms.
 Communication Mechanisms
– Workshops
– Pamphlets
– Booklets
– Media
IMPACT - Drop in application for
Firearms Licences
250000
200000
150000
100000
50000
1995199619971998199920002001
Applications Received
IMPACT- Declaration of Unfitness
Sect 11
 Year
 2002
Sec 11
551
572
453
 TOTAL
1576
 2000
 2001
IMPACT
 Reduction in Registered Dealers
– Decrease from 644 in 2000 to 565 in 2002
 Reselling of firearms between owners rather
than new firearms being purchased
 Destruction of redundant State Owned
Firearms
IMPACT
 Department participating in Voluntary Destruction of State
Firearms
–
–
–
–
–
–
–
–
–
–
–
–
SAPS
Dept of Correctional Services
Independent Complaints Directorate
Dept of Transport
Dept Labour
Dept of Trade and Industry
SA Revenue Services
Nature Conservation KZN
Dept of Agriculture Eastern Cape
Dept of Communications
SANDF
TOTAL
CONCLUSION
Understand the past,
Anticipate the future
Clarify the present
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IMPLEMENTATION OF FIREARMS CONTROL IN SOUTH …