Among other things, the new Firearms Control Bill will deny people guilty of crimes of violence the right to own a firearm. Barry Streek reports
Gun-free zones, such as bars and casinos, are to be created in terms of the new Firearms Control Bill, and ordinary people will not be allowed to carry firearms there.
People who are guilty of crimes of violence, including someone who is a wife-basher, will be prevented from acquiring a firearm licence, Minister of Safety and Security Steve Tshwete said this week.
Tough penalties have been proposed – up to 25 years in jail for people dealing in illegal firearms, and 15 years for the possession of illegal firearms.
Safety and security legal adviser Louis Koch says a calculated risk has been taken with some of the provisions of the Bill, but he and the legal experts they had consulted, including Paul Pretorius, SC, Matthew Chaskalson and Jan d’Oliveira, were convinced they could argue before the courts that the Bill complied with the provisions of the Constitution.
Koch said, however, that they expected some challenges to the provisions of the Bill, particularly in regard to the new presumptions that had been developed and for the extended policing powers.
In terms of the Bill, police will be able to fingerprint all the occupants of a motor vehicle where an illegal gun has been found and seized. Tshwete says this will help establish ownership and possession.
“The presumptions and penalties contained in the Bill are very tough but necessary. We will relentlessly address the unacceptably high levels of firearm- related crimes and violence in our society,” Tshwete said.
He added that the Cabinet was sending a loud and clear message that the government had dealt a decisive blow to violent criminals, given that guns are the common denominator in crimes ranging from rape to domestic violence, hijacking and robbery.
“The focus of the Bill is the criminal element that has terrorised law-abiding citizens for too long,” Tshwete said.
Koch said the Bill is only the start of the process in the development of policy in regard to firearms, but emphasised that the situation is extremely serious, particularly in regard to the use of handguns, which are used in most firearm- related crimes.
The number of murders where firearms were used rose from 11 134 in 1994 to 12 298 in 1998 – 49% of murders. Robberies where firearms were used increased from 51 004 to 74 854 over the same period – and firearms were used in 85% of robberies.
South Africa has approximately 1,9- million licensed firearm owners who hold licences for about 3,5-million firearms.
The provision for gun-free zones would apply to places such as bars and gambling premises, where it will be illegal to possess a firearm, “obviously without compromising the security of those places”.
The Bill provides that people could apply for a single firearm, a handgun or a shotgun, for self-defence purposes, while the occasional hunter and sports shooter could possess up to four firearms, which could include a handgun.
It had been shown that weapons belonging to dedicated hunters and sports shooters and collectors were not generally used in criminal activities. It had, therefore, been decided that no limit would be imposed on the number of firearms they possessed.
Ordinary licence holders would be limited to be in possession of 200 rounds of ammunition and to the purchase of 2 400 cartridges a year.
Critical to the implementation of the Bill’s provisions is the establishment of a computerised data- base, which would be directly linked to all weapons manufacturers and all arms dealers, so that up-to-date information, including current addresses of licence-holders, is readily available.
Tshwete said there would be an increased budget for the database and more staff would be recruited.
Deputy Minister of Safety and Security Joe Matthews said the new database would, in the long run, be cost-saving because of the costs involved in running the ancient system being used at present. “The modernisation of the system will make it cheaper.”
Koch said among the aims of the Bill was to cut off the sources of illegal firearms and recover illegal firearms. It also provides for stricter controls over state-owned firearms. South African National Defence Force soldiers would, for instance, in normal circumstances be obliged to carry licences on them.
The new system will be phased in, and existing firearm licences will remain valid for five years after the new Act comes into force. New licences for restricted firearms, such as semi- automatic weapons, will have to be renewed every two years, as will firearms used for business purposes, such as by security firms.
Firearms acquired for self-defence purposes will have to be renewed every five years, while those owned by hunters, sharpshooters and collectors will remain valid for 10 years.
People who will lose their right to possess firearms include those who have been convicted of certain offences in the Domestic Violence Act, who have received sentences of 12 months for crimes of violence, who have been convicted of drug and alcohol abuse, or whose mental condition has deteriorated.
Tshwete said the full contents of the Bill were available on the Internet and it would be published in the Government Gazette. It would also be forwarded to the National Assembly’s portfolio committee for safety and security “where the process of full public consultation will be initiated. We anticipate constructive debate during the public hearings which are expected to take place early in the new year.
“The drafting of this Bill has required complex and extensive understanding and balancing of often-conflicting needs and requirements of a variety of interest groups. It will be central to our campaign to create a new and responsible culture of firearms ownership, and will be supported by ongoing education and awareness initiatives,” the minister emphasised.