The debate may be heated, but the statistics show that controlling gun ownership is the way to go, writes Anthony Minnaar
South Africa has become part of a worldwide trend with its controversial draft legislation that tightens controls on the issuing of firearms to individuals.
The whole world seems to have become gun conscious. The names of Port Arthur, Tasmania; Dunblane, Scotland; and Greensboro, Ohio, conjure up images of gun- toting individuals on indiscriminate killing sprees.
In all three of these recent instances, the killers were either multiple gun-owners or had access to private collections of firearms. In their aftermath, the governments of Australia, the United Kingdom and the United States were forced by the sheer weight of public opinion to initiate more stringent gun control laws.
When draft legislation proposing South Africa join this trend was leaked to the media this week, it caused a bitter dispute between those in favour of tighter controls and those who say it will prejudice legitimate gun-owners.
Of particular controversy seems to be the requirement for a psychometric test for a prospective owner, the limitation on the number of handguns to be owned (only one), and the number of bullets allowed in a magazine (nine).
In South Africa, the proliferation of firearms is a dual problem. The two major contributory factors to this are firstly the continued growth in legally licensed, privately owned firearms; and secondly the spread of illegal firearms, which are smuggled into South Africa, stolen from licensed gun-owners or homemade weapons manufactured in backyard or so-called “bush” factories.
The sheer volume of licensed weapons in South Africa is a problem. It has been estimated that there are approximately 4,1- million licensed firearms in South Africa in the hands of about 1,9-million people. According to a report by the United Nations Commission on Crime Prevention and Criminal Justice, South Africa has a ratio of 84 firearms for every 1 000 people, which indicates that almost 20% of all households in South Africa possess at least one firearm. This situation is further exacerbated by the fact that almost 200 000 new licences are granted every year.
In 1996, the Ministry of Safety and Security appointed a special task team to investigate certain aspects of firearms, for example, the legislation regarding firearms, the administration of the central firearm register and the policy on the issuing of licences. A joint investigation team was also established to look into the licensing of government-owned firearms.
In 1997, these investigations revealed that 12 470 individuals owned 10 or more firearms, while almost 20 000 criminals convicted for serious crimes possessed gun licences.
Between 40 and 45% of all robberies and murders are perpetrated using firearms. It would appear that the handgun of choice in South Africa is the 9mm pistol. There is also wide use of firearms in domestic violence and rape.
Over the last few years, there has been a dramatic increase in the reported theft of firearms. South Africa has one of the highest figures in the world for lost and stolen firearms. There is also a high rate of confiscation and seizure of weapons by the police.
There can be no doubt that South Africa is a very violent country. Much has been spoken and written about the culture of violence and individual aggression, and that criminals have absolutely no respect for human life.
However, on one level, this is symptomatic of the easy access to firearms – legal as well as illegal. Currently there is no competency test to establish whether a person is suitable to own a weapon. Nor have there been any legislative suggestions for a “cooling-off-period” of a number of days before a buyer can physically obtain a new firearm.
One of the problems here is the fact that the central firearm register is not electronically linked to the criminal records centre (although there are plans afoot to have an integrated database and information system). It is therefore difficult for a gunshop owner to check whether the purchaser might have a prior criminal record, which would automatically disqualify such a person from obtaining a gun licence. Nor is there any way of establishing mental competency, emotional stability or ability to handle a firearm with any skill.
Besides targeting the tightening up of controls on the legal issuing of firearms, the thrust of the anti-violence and gun- control campaign needs to focus elsewhere. The whole culture of violence needs to be addressed in a more holistic manner. A start needs to be made in schools with a youth programme, educating pupils to the dangers of guns, the responsibilities inherent in owning a gun, and measures for the safekeeping and handling of a firearm.
The Japanese have a system that uses shock tactics for car drivers found guilty of drunken driving – they are sentenced to work at a mortuary. The shock of seeing road accident victims seems to be highly effective in curbing repeat offences. So, too, selected individuals can be shown the bodies of victims of gunshot killings as an extreme measure of deterrence.
Many have argued for gun amnesties whereby people receive monetary rewards. However, one of the main reasons for the lack of success of such amnesties in other countries has been the fact that many simply use the money paid out for a gun handed in to buy a better or new weapon. Moreover, many of the firearms handed in were usually old, broken or rusted.
Other measures to control the abundance of firearms in our country are needed. These include stricter legislative requirements regulating licensing procedures, an extensive framework of qualifications to obtain a licence, rigorous enforcement of safekeeping measures in private homes, a possible requirement for a “cooling-off period” before a gun can be taken possession of, comprehensive and complete background checks on the credentials of a purchaser, training in usage and handling of a firearm – this could possibly be provided by the gun dealer himself – and finally some form of competency test, as well as a psychometric test, to establish the fitness of a prospective gun-owner. These conditions may sound too rigorous, but there is a crying need to instill a more responsible attitude towards firearms in the public.
We should not wait for further shooting tragedies in order to implement these measures and accept the new, tougher draft legislation on firearms. It took only one Dunblane and one Port Arthur massacre for both the UK and Australia to institute stricter gun laws. How many massacres, violent robberies and murders of police officials will South Africa need to justify stricter laws?
Anthony Minnaar is a senior researcher at the Institute for Human Rights and Criminal Justice Studies at Technikon SA