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South Africa
NATIONAL LEGISLATION OVERVIEWS
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Firearms Control Act, No. 60 of 2000

Long title


To establish a comprehensive and an effective system of firearms control; and to provide for matters connected therewith.

Table of contents

SECTION TITLE

ARRANGEMENT OF ACT

PREAMBLE

CHAPTER 1. INTRODUCTORY PROVISIONS
1.  Definitions
2.  Purpose of Act

CHAPTER 2. PROHIBITIONS
3.  General prohibition in respect of firearms and muzzle loading firearms [...Title amended by Act 2006_028_002_20070822 - was entitled "General prohibition in respect of firearms"]
4.  Prohibited firearms

CHAPTER 3. SPECIAL PROVISIONS IN RESPECT OF CERTAIN DEVICES
5.  Devices not firearms for purposes of this Act

CHAPTER 4. COMPETENCY CERTIFICATES, LICENCES, PERMITS, AUTHORISATIONS AND ACCREDITATIONS
6.  Competency certificates, licences, permits or authorisations
7.  Applications by persons other than natural persons
8.  Accreditation

CHAPTER 5. COMPETENCY CERTIFICATES
9.  Application for competency certificate
10.  Competency certificate
10A.  Renewal of competency certificate [...inserted by Act 2006_028_010_20070822]

CHAPTER 6. LICENCE TO POSSESS FIREARM
11.  Separate licence in respect of each firearm
12.  Additional licences
13.  Licence to possess firearm for self-defence
14.  Licence to possess restricted firearm for self-defence
15.  Licence to possess firearm for occasional hunting and sports-shooting
16.  Licence to possess firearm for dedicated hunting and dedicated sports-shooting
16A.  Licence to possess firearm for professional hunting [...inserted by Act 2006_028_012_20070822]
17.  Licence to possess firearm in private collection
18.  Permit to possess ammunition in private collection
19.  Licence to possess firearm, and permit to possess ammunition, in public collection
20. Licence to possess firearm for business purposes
21.  Temporary authorisation to possess firearm
22.  Holder of licence may allow another person to use firearm
23.  Identification marks on firearms
24.  Renewal of firearm licences
25.  Notification of change of address
26.  Notification of change of circumstances
27. Period of validity of licence or permit
28. Termination of firearm licence
29. Defaced, lost or stolen licences, permits and authorisations
30. Central firearms database

CHAPTER 7. LICENCES ISSUED TO PARTICULAR CATEGORIES OF PERSONS - DEALERS, MANUFACTURERS AND GUNSMITHS

Part 1. Dealers
31. Prohibition of unlicensed trading in firearms, muzzle loading firearms or ammunition [...Title amended by Act 2006_028_019_20070822 - was entitled "Prohibition of unlicensed trading in firearms or ammunition"]
32. Requirements for dealer’s licence
33. Conditions imposed on dealer
34. Dealer’s licence
35. Renewal of dealer’s licence
36. Temporary authorisation to trade in firearms and ammunition on premises other than those specified in dealer’s licence
37. Change of premises
38. Notification of change of circumstances
39. Duties of dealer
40. Establishment of centralised dealers database
41. Suspension of dealer’s licence
42. Termination of dealer’s licence
43. Application of other laws
44. Defaced, lost or stolen licences

Part 2. Manufacturers
45. Prohibition of unlicensed manufacture of firearms, muzzle loading firearm and ammunition [...Title amended by Act 2006_028_021_20070822 - was entitled "Prohibition of unlicensed manufacture of firearms and ammunition"]
46. Requirements for manufacturer’s licence
47. Conditions imposed on manufacturer
48. Manufacturer’s licence
49. Renewal of manufacturer’s licence
50. Temporary authorisation to display firearms and ammunition on premises other than those specified in manufacturer’s licence
51. Change of premises
52. Notification of change of circumstances
53. Duties of manufacturer
54. Establishment of centralised manufacturers database
55. Suspension of manufacturer’s licence
56. Termination of manufacturer’s licence
57. Application of other laws
58. Defaced, lost or stolen licences

Part 3. Gunsmiths
59. Prohibition of certain work
60. Requirement for gunsmith’s licence
61. Conditions imposed on gunsmith
62. Gunsmith’s licence
63. Renewal of gunsmith’s licence
64. Temporary authorisation to conduct business as gunsmith on premises other than those specified in gunsmith’s licence
65. Change of premises
66. Notification of change of circumstances
67. Duties of gunsmith
68. Establishment of centralised gunsmiths database
69. Suspension of a gunsmith’s licence
70. Termination of gunsmith’s licence
71. Application of other laws
72. Defaced, lost or stolen licences

CHAPTER 8. IMPORT, EXPORT AND CARRIAGE IN-TRANSIT OF FIREARMS AND AMMUNITION
73. Prohibition of import, export or carriage in-transit of firearms, muzzle loading firearms and ammunition without permit [...Title amended by Act 2006_028_024_20070822 - was entitled "Prohibition of import, export or carriage in-transit of firearmsand ammunition without permit']
74. Requirements for import, export or in-transit permit
75. Conditions imposed on holder of permit
76. Import, export or in-transit permit
77. Permit constitutes licence to possess firearm or ammunition
78. Duties of holder of permit
79. Establishment of central importers and exporters database
80. Suspension of import, export and in-transit permits
81. Termination of import, export and in-transit permits
82. Defaced, lost or stolen permits

CHAPTER 9. STORAGE, TRANSPORT AND CARRYING OF FIREARMS AND AMMUNITION
83. Storage and transport of firearms and ammunition
84. Carrying of firearm in public place
85. Firearm transporter’s permit
86. Conditions imposed on transporter of firearm
87. Duties of holder of permit
88. Cancellation of firearms transporter’s permit
89. Records to be kept

CHAPTER 10. CONTROL OF AMMUNITION AND FIREARM PARTS
90. Prohibition of possession of ammunition
91. Restrictions on possession of ammunition
92. Prohibitions and restrictions on use of certain ammunition
93. Loading or reloading of ammunition
94. Prohibition of possession of firearm parts

CHAPTER 11. EXEMPTIONS
95. Definitions
96. Exemptions
97. Conditions applicable to institution accredited by Registrar
98. Possession and use of firearms by Official Institutions
99. Register to be kept by Official Institution
100. Establishment of central Official Institution firearms database
101. Official Institution’s workstations

CHAPTER 12. DECLARATION OF PERSONS AS UNFIT TO POSSESS FIREARM
102. Declaration by Registrar of person as unfit to possess firearm or muzzle loading firearm [...Title amended by Act 2006_028_030(a)_20070822 - was entitled "Declaration by Registrar of person as unfit topossess firearm"]
103. Declaration by court of person to be unfit to possess firearm or muzzle loading firearm [...Title amended by Act 2006_028_031(a)_20070822 - was entitled "Declaration by court of person to be unfit to possess firearm'"]
104. Effect of declaration of unfitness [...Title amended by Act 2003_043_011_20031222 - was entiteld "Effect of declaration"]
105. Proof of declaration of unfitness [...Title amended by Act 2003_043_012_20031222 - was entiteld "Proof of declaration"]

CHAPTER 13. INSPECTIONS
106. Production of licences and firearms for inspection
107. Duty to comply with request of police official or authorised person
108. Request for information
109. Inspection of premises

CHAPTER 14. SEARCH AND SEIZURE
110. Chapter 2 of Criminal Procedure Act, 1977, to apply
111. Search and seizure in course of policing operations in terms of South African Police Service Act, 1995
112. Exercise of powers set out in section 37 of Criminal Procedure Act, 1977
113. Fingerprints, body-prints and bodily samples for investigation purposes [... Title amended by Act 2010_006_008_20101005 - was entitled "Bodyprints and bodily samples"]
114. Ballistic testing
115. Inspection, search and seizure for inquiry or investigation (with special warrant)
116. Incidental discovery

CHAPTER 15. PRESUMPTIONS
117. Presumptions of possession of firearm or ammunition
118. Presumptions relating to failure to report
119. Presumption of failure to take reasonable steps

CHAPTER 16. OFFENCES, PENALTIES AND ADMINISTRATIVE FINES
120. Offences
121. Penalties
122. Administrative fines

CHAPTER 17. ORGANISATIONAL STRUCTURES
123. Registrar of Firearms
124. Functions of Registrar
125. Central Firearms Register
126. Certificate signed by Registrar to constitute prima facie evidence
127. Appointment and functions of Head of Office of Central Firearms Register
128. Establishment of Appeal Board
129. Conditions of service, remuneration and allowances of members of Appeal Board
130. Quorum, meetings and procedure of Appeal Board
131. Administrative work of Appeal Board
132. Establishment of Ministerial Consultative Forum [...Title amended by Act 2006_028_040_20010410 - was entitled "Establishment of Ministerial Committees "]

CHAPTER 18. RIGHT OF APPEAL
133. Right of appeal

CHAPTER 19. COMPENSATION
134. Circumstances where no compensation is payable in respect of firearms and ammunition forfeited to State
135. Circumstances where no compensation is payable in respect of firearms, muzzle loading firearms and ammunition seized by State [...Title amended by Act 2006_028_042_20010410 - was entitled "Circumstances where no compensation is payable in respect of firearms and ammunition seized by State"]
136. No compensation payable where firearms, muzzle loading firearms or ammunition is destroyed by State [...Title amended by Act 2006_028_043_20010410 - was entitled "No compensation payable where firearms or ammunition is destroyed by State"]
137. Application for compensation

CHAPTER 20. SPECIAL POWERS RELATING TO AMNESTIES AND FIREARM-FREE ZONES
138. Definition
139. Amnesty
140. Firearm-free zones

CHAPTER 21. GENERAL PROVISIONS
141. Delegation of powers and assignment of duties
142. Designation as police officials
143. Service of documents
144. Return of service
145. Regulations
146. Disposal of firearms, muzzle loading firearms and ammunition in case of ceasing to carry on business [...Title amended by Act 2006_028_047_20010410 - was entitled "Disposal of firearms in case of ceasing to carry on business"]
147. Disposal of firearms in case of death
148. Inherited firearms
149. Compulsory destruction of firearms, muzzle loading firearms and ammunition [...Title amended by Act 2006_028_050_20070822 - was entitled "Compulsory destruction of firearms by State"]
150. Deactivation of firearms or muzzle loading firearms [...Title amended by Act 2006_028_051(a)_20070822 - was entitled "Deactivation of firearms"]
151. Jurisdiction of magistrates’ court
152. Act binds State
153. Repeal of laws
154. Short title and commencement
Sch. 1. SCHEDULE 1. TRANSITIONAL PROVISIONS [NOTE: Schedule 1 is not referred to by any section of Act 2000_060_000_20010410]**

1 Existing licence to possess an arm

2 Existing dealer’s licences

3 Existing permit for importation or exportation of arms and ammunition

4 Existing permit for manufacture of arms and ammunition

5 Existing authorisations and certain existing permits

6 Person unfit to possess a firearm

7 Register in terms of previous Act to be kept by Registrar

8 Matters pending under previous Act

9 Investigations by Commissioner under previous Act

10 Consideration of validity of existing licence, permit and authorisation

11 Renewal of licence
Sch. 2.  SCHEDULE 2. CRIMES AND OFFENCES GIVING RISE TO UNFITNESS ENQUIRY BY COURT [s103(2)]
Sch. 3.  SCHEDULE 3. LAWS REPEALED [s153]
Sch. 4. SCHEDULE 4. PENALTIES [s121]

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As amended by EITHER Act 2021_014_000_20220128 Sch OR Act 1998_116_000_20220128 (ie as amended by Act 2021_014_000_20220128 Sch)**
[NOTE See Commentary on Act 2021_014_000_20220128 Sch]
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