Barry Streek Last-minute bargaining over the details of South Africa’s new gun control law continued this week, particularly over the numbers of weapons owned by people such as farmers and the protection of women and children in cases of violence. The latest amendments, due to be voted on in the safety and security portfolio committee on Tuesday, have gone “part of the way” to meeting the concerns of women’s groups, says Paula Proudlock of the Gun Control Alliance. “We are asking for one more small step. That will make an enormous difference in the fight against violence against women. They are almost technical steps,” she said. Farmers will be entitled to own more than one gun if they can convince the licensing body that their operation is a business or if they acquire a competency certificate as occasional hunters, but there will not be a separate category of licences for farmers. “We have moved a step and we have balanced every need,” says Mnyamezeli Booi, an African National Congress member of the committee. But the essential features of the Firearms Control Bill, which has taken more than two years to finalise, are that people certified to be competent to own a weapon will be allowed to possess only one weapon for self- defence purposes. At present the mandatory process is to select the gun you want to purchase, then go to the police station where police take fingerprints, do a criminal and background check, and lastly assess whether you are a capable, confident and fit person. You can then go for a course -which is common practice nowadays, although it is not yet a legal requirement. The police also require proof that you are in possession of the required safe in which to store your gun. After an eight- to 12-week wait in which your application is processed at the Central Firearms Register, you will be able to collect your licence and then your gun. The new legislation makes it more difficult for just anyone to own a gun. It will stipulate that owners be over the age of 21 – the ANC backed down from its proposal that the age limit be 25 – have a competency certificate and register their firearms. Both the competency certificates and the registration of firearms will expire in most instances after five years, after which owners will have to undergo another competency test and apply for the re- registration of their weapon. Dedicated hunters and shooters will be allowed four weapons, including one for self- defence, but they can apply for more guns if they can demonstrate the need for extra weapons.
The Bill makes provision for the identification of gun-free zones, such as schools, churches and bars. In contrast to existing legislation, the Bill is based on the premise that a firearm licence is not a right and all applicants will have to demonstrate a need for a weapon, whether this is for self-defence, hunting or sport.
At present there is no competency test for gun-owners and the application for the registration of weapons is granted for life. In terms of the new legislation, all weapons possessed above the new limits will have to be sold or surrendered to the state over a five-year period.
It also provides for increased powers for the state to revoke firearm licences, particularly when those holding the licences have been convicted of violent crimes or when permanent protection orders against them have been issued in terms of the Domestic Violence Act.
The new competency tests will involve an examination of the knowledge of firearms legislation, training in gun control and practical tests regarding the safe handling and storage of guns. In many respects, the provisions of the Bill are a major setback for the gun control lobby, which marshalled a welter of reports and statistics to justify its position that the ownership of guns was a right for every adult and that people should be allowed to own more than one gun for self-defence purposes.
The ANC members of the National Assembly portfolio committee on safety and security initially relented on the one-gun provision, but in recent weeks they have, under the leadership of Crossroads MP Mnyamezeli Booi, stood firm on the one-gun provision as well as on increased age limits. The committee has also resisted efforts to water down the re-registration provisions, and it rejected the claims that the ownership of guns was a constitutional right. Gun Free South Africa, which has played a key behind-the-scenes role, is reasonably happy with the legislation, but the test in the end is whether the heavily understaffed Central Firearms Register will be able to implement the new law, for which the government has pledged an extra R200-million over the next three years. Without effective and efficient implementation, the Firearms Control Bill will not amount to much. The ball is, indeed, soon to be passed to the government, and the Department of Safety and Security in particular, to ensure better gun control in South Africa.