(h) a full motivation regarding the need for the government institution to possess the firearms; and

(i) confirmation that a permit contemplated in terms of section 98 of the Act, will only be issued to an employee of the government institution who [holds a valid competency certificate] successfully completed the training and testing prescribed in requlation 8l(l).

CHAPTER 3

GENERAL PROVISIONS REGARDING APPLICATION FOR COMPETENCY

CERTIFICATE, FURTHER COMPETENCY CERTIFICATE, LICENCE, PERMIT, TEMPORARY AUTHORISATION, DUPLICATE AND RENEWAL 113115 General provisions regarding applications required in terms of the

A person requiring a competency certificate, licence, permit, authorisation, as well as, a duplicate thereof or renewal to be issued for a purpose contemplated in the Act, must apply to the Registrar for such competency certificate, licence, permit, authorisation, duplicate or renewal.

An applicant referred to in subregulation (Im)u,s t submit the duly completed relevant application form, prescribed in Annexure 'A' and the required information together with any required supporting documents.

The application form must be completed in black ink by the applicant personally or, in the case of a juristic person, by the responsible person contemplated in section 7 of the Act.

(a) An application must, unless otherwise specifically stated, be submitted by the applicant in person to the relevant Designated

Firearms Officer.

(b) When an applicant submits an application in accordance with subparagraph (a), the applicant must provide a certified copy of the page in his or her officially issued identity document or passport on which his or her photo and particulars are reflected.

When the applicant is a juristic person-

(a) the Registrar may require additional information to the information requested on the application form, in respect, of any person who is in control of the juristic person or is responsible for the management thereof;

(b) the application must be accompanied by proof of the registration or incorporation, as the case may be, of the juristic person in accordance with the laws of the Republic of South Africa;

(c) the application must be accompanied by a certified copy of the resolution or decision of the juristic person, nominating the responsible person to apply on its behalf; and

(d) rendering a security service as defined in section 1 of the Private Security lndustry Regulation Act, 2001 (Act 56 of 20011, the application must be accompanied by documentary proof of registration with the Private Security Industry Regulatory Authority, contemplated in the Private Security Industry Regulation Act, 2001 (Act 56 of 2001 1.

(6) Whenever payment of any prescribed fee has been made at a police station under regulation t9613, documentary proof of the payment, must be attached to the relevant application.

(7) Any person providing a recommendation concerning the character of an applicant in support of an application made for a purpose contemplated in the Act, must also state whether the applicant, to the best of such person's knowledge and belief, is-

(a) a fit and proper person to be issued with the competency certificate, licence, permit or authorisation applied for;

(b) of a stable mental condition and is not inclined to violence; and

(c) not dependent on any substance which has an intoxicating or narcotic effect.

(8) (a) A person who provides a recommendation as envisaged in subregulation (7) may be asked by a relevant Designated Firearms Officer, or a person acting on the written authority of the relevant Designated Firearms Officer to provide further information regarding the recommendation.

(b) Any failure or refusal by the person to provide such reasonable andrelevant information requested by a relevant Designated Firearms Officer may render the recommendation ineffective.

(c) No person is compelled to provide further information regarding a recommendation.

(9) (a) A [full1 set of fingerprints of an applicant as required in section 6(1)

(a) of the Act, must be taken by the relevant Designated Firearms Officer or designated personnel at a police station on the officially prescribed form used by the South African Police Service for such purpose

(b) For the purpose of an import, export or in-transit permit contemplated in Chapter 8 of the Act, the Registrar may, in respect of a non-citizen who is not resident in the Republic of South Africa, accept such set of fingerprints as may be expedient in the circumstances.

(10) An acknowledgment of receipt of an application must only be issued to the applicant if the application is, to the satisfaction of the Registrar, duly completed and accompanied by all the required information and documentation, and after the identity of the applicant on the required set of her or his fingerprints, has been verified by the relevant Designated Firearms Officer.

(11) A nomination replacing a responsible person in compliance with section

7(4) of the Act must be made and be accompanied by such documents and information as required on the prescribed form in Annexure 'A'.

(12) The Registrar may only issue a licence, permit, authorisation or renewal to a person who complies with the requirements as prescribed in these Regulations regarding the safe custody of firearms or ammunition.

(13) An acknowledgment of receipt as contemplated in subregulation 10 issued for an application for a renewal, is upon production in a court sufficient proof of compliance with the requirement of section 24 of the Act.

(14) A private or public collector who applies for a licence to possess a prohibited or restricted firearm, must in addition to the requirements of regulation H41I6, submit the following additional information-

(a) a detailed written motivation in support of the application, which must be verified as correct by the accredited collectors association of which the applicant is a member; and

(b) in the event of a rifle grenade, projectile or rocket contemplated in section 4(1) (dl of the Act, a [report1 certificate from the local explosives officer appointed in terms of the Explosives Act, 1956 (Act 26 of 1956) confirming that the rifle qrenade, projectile or rocket is free from explosives and are marked as such in a nondamaqinq wav bv means of a securely attached metal taq.

(15) The holder of a manufacturer's licence who wishes to apply to manufacture a type of firearm or calibre of ammunition that is not specified on the manufacturer's licence, must, with every such application, in addition to the requirements of regulation 113115, submit the following additional informationthe technical specifications regarding the firearm and ammunition; the technical drawings regarding the firearm and ammunition; a South African Police Service ballistics evaluation report; and insofar as is applicable, a permit or authorisation issued in terms of the Explosives Act, 1956 (Act 26 of 1956) and the National Conventional Arms Control Act, 2002 (Act 41 of 2002).

The Registrar may for the purpose of identification of the holder of a licence, permit or authorisation, affix a photograph and fingerprint of the holder to the relevant licence, permit or authorisation. The applicant must provide a photograph at the request of the Registrar. A photograph contemplated in paragraphs (a) and (b) must-

(i) be recently taken;

(ii) be in colour;

(iii) show a full unobscured front view of the applicant's head, face and shoulders and have a neutral background; and

(iv) be to the dimensions of 32mm (width) x 40mm (height).

(17) The Registrar may require from an applicant to furnish any such further information as may be necessary for the Registrar to exercise discretion to fulfil his or her functions under the Act. 114116 Specific provisions regarding competency certificates

(1) The Registrar may, apart from any other relevant aspect, consider the existence of any of the following circumstances, when applicable to an applicant that applies for a competency certificate, as key indicators in order to launch an investigation or enquiry contemplated in section 124(3) of the Act to determine whether the applicant for the competency certificate is a fit and proper person as contemplated in section 9(2)(c) of the Act, of a stable mental condition and is not inclined to violence as contemplated in section 9(2)(d) of the Act, and is not dependent on any substance which has an intoxicating or narcotic effect as contemplated in section 9(2)(e) of the Act, as the case may bewhether in the past five years the applicant has been served with a protection order in terms of the Domestic Violence Act, 1998 (Act 116 of 19981, or visited by a police official concerning allegations of violence in the applicant's home; whether in the past five years the applicant has been denied a licence, permit or authorisation regarding a firearm and the reason for such denial: whether in the past five years the applicant has threatened or attempted suicide, suffered from major depression or emotional problems, or engaged in intoxicating or narcotic substance abuse; whether in the past five years the applicant has been diagnosed or treated by a medical practitioner for depression, drug, intoxicating or narcotic substance abuse, behavioural problems or emotional problems;

whether in the past five years the applicant has been reported to the police or social services for alleged threatened or attempted violence or other conflict in the applicant's home or elsewhere;

(f) whether in the past two years the applicant has experienced a divorce or separation from an intimate partner with whom the applicant resided where there were written allegations of violence; or

(g) whether in the past two years the applicant has experienced a forced job loss.

(2) In order to determine whether an applicant is a fit and proper person as contemplated in section 9(2)(c) of the Act to be issued with a competency certificate-

(a) to carry on business as a gunsmith, the Registrar may take into account whether the applicant has successfully passed an applicable acknowledged national or international trade test that substantially complies with the requirements of the Skills Development Act, 1998 (Act 97 of 1998); and

(b) in the case of the manufacturing of ammunition consisting of the loading of ammunition other than contemplated in section 93(1) of the Act, whether the applicant can provide proof of sufficient applicable previous experience or a qualification approved by the Registrar in the field of ammunition loading together with a detailed evaluation report from The Head of the Ballistic Unit of the South African Police Service's Forensic Science Laboratory regarding the applicable experience and knowledge of the applicant.

(3) When the Registrar performs a function as contemplated in section 124(3) of the Act in order to make a determination as contemplated in subregulation (It)he, R egistrar may require from a person applying for a competency certificate, to provide-

(a) a certificate issued by a medical doctor regarding the applicant's dependence on any substance which has an intoxicating or narcotic effect;

(b) a report compiled by a psychologist or psychiatrist, or both, regarding the stable mental condition and inclination to violence of the applicant; or

(c) both such certificate and report.

(a) The Registrar [must] may, after having determined that a person is a fit and proper person as contemplated in section 9(2) (c) of the Act who qualifies in terms of the Act to be issued with a competency certificate to possess a firearm as a private collector, specify in that competency certificate the category in which the accredited collectors association has duly classified a member as a private collector.

(b) On proof to the satisfaction of the Registrar that the private collector concerned has subseauentlv been declared to be in a higher category by the collectors association of which the private collector is a member the Registrar may alter the competency certificate accordingly.

(c) The Registrar may only licence a firearm to a private collector in accordance with the category reflected on the competency certificate issued in accordance with this regulation.

The Registrar may, by means of a written notice served on the holder of a competency certificate contemplated in subregulation (41, and after a procedure similar to that referred to in section 28(2) and (3) of the Act was followed, [withdrawl terminate a competency certificate if the person, and in the case of a juristic person, any person who is in control thereof or is responsible for the management thereof-

(a) is no longer domiciled or ordinarily resident in the Republic of South Africa; or

(b) has been sentenced in or outside the Republic of South Africa for any offence to a period of imprisonment without the option of a fine. The test on knowledge of the Act as contemplated in section 9(2) (q) , must comply with the requirements of the South African Qualifications Authority, 1995 (Act 58 of 1995) read with the Skills Development Act, 1998 (Act 97 of 1998).

The training and practical tests regarding the safe and efficient handling of a firearm as contemplated in section 9(2)(r) of the Act, must comply with the requirements of the South African Qualifications Authority Act, 1995 (Act 58 of 1995) read with the Skills Development Act, 1998 (Act 97 of 1998).

(8) The training and practical test for dealers, manufacturers, gunsmiths, security officers or other persons who use firearms in the course of their business as contemplated in section 9(2)(s) of the Act, must comply with the requirements of the South African Qualifications Authority Act, 1995 (Act 58 of 1995) read with the Skills Development Act, 1998 (Act 97 of 1998).

(9) A person who has previously obtained a competency certificate and who applies for a further competency certificate during the period of validity of that competencv certificate may in addition to the requirements of regulation [I411 submit proof of the previously successful completion of the applicable prescribed training and practical test in which event the applicant need not complete further applicable training or a practical test.

(10) Whenever a certified copv of any protection order or a warrant of arrest contemplated in section 8 ( l )(a) of the Domestic Violence Act is received at a police station, the station commissioner must refer it to the relevant Desiqnated Firearms Officer, in order to determine whether it relates to any application for a licence, competency certificate, permit or authorization received by him.

CHAPTER 4

LICENCE TO POSSESS A FIREARM

[I5117 Prohibited firearms and devices [Or restricted firearml that may be licensed in a private collection The following prohibited firearms and devices [or restricted firearml may be licensed under section 17 of the Act:

(a) A prohibited firearm and device contemplated in section 4 of the Act [or restricted firearml that may be possessed in terms of the transitional provisions in [Annexurel Schedule 1 of the Act;

(b) A prohibited firearm and device contemplated in section 4 of the Act [&r restricted firearml which does not fall under paragraph (a) , which must not be less than 50 years old, calculated from the date of i t ' s manufacture, together with an attribute of collectability regarding it's historical, technological, scientific, heritage, educational, cultural, commemorative, investment, raritv, thematic [andl or artistic value or any other aspect as may be deemed appropriate by the Resistrar:

Provided that if the prohibited firearm or device or restricted firearm does not readily conform to the set combination of age and attribute of collectability, the following further considerations may applythat its production has been discontinued for at least 10 years with the real likelihood of it becoming of collectable interest from a historic, technological, scientific, heritage, educational, cultural commemorative, investment, raritv, thematic or artistic perspective; that it is part of a commemorative issuance or limited edition; that it will fit in as part of a demonstrable theme of future value, where a real likelihood of such future value can be sufficiently demonstrated or motivated; its proven or generally accepted association with famous or infamous people or events; its current national or international scarcity or rarity based on an acceptable reason;

its unusual or unique design, materials or method of manufacture of historic interest; custom or one-off building by a well known gun maker or gunsmith, with significant value;

that it is a prototype or part of a limited production run; that it is a replica of a well known historical firearm; or that it is an investment grade firearm or device of significant value.

(c) A miniature muzzle loading cannon [I6118 Safety measures for the display of firearms in a private collection A private collector may publicly display a firearm if-

(a) the firearm is unloaded;

(b) the firearm, if it is a handgun, is displayed in a lockable display cabinet; or

(c) where the firearm is on open display, it must be rendered inoperable by means of a secure locking device; or (dl the firearm is securely attached to a non-portable structure on which, or in which, it is displayed by a metal attachment, chain, metal cable or removed; and (el the firearm is not displayed with, and is not readily accessible to, ammunition that can be discharged from it, except where such firearm or ammunition is displayed in a locked display cabinet or similar device. 117119 Conditions regarding the possession of ammunition in a private collection

The Registrar may issue a permit as contemplated in section 18(2) of the Act to a private collector that qualifies in terms of the Act and who is-

(a) 18 years or older on the day of the application; and

(b) a fit and proper person to possess ammunition. [I8120 Safety measures for the display of ammunition in a private collection A private collector may display ammunition only if-

(a) it is displayed-

(i) in a vault, safe or other receptacle that has been specifically constructed or modified for secure and safe display and that when unattended is kept securely locked;

(ii) on a premises where there is an electronic burglar alarm system; and

(iii) on the premises, every window that can be opened is secured with burglar proofing and every exterior door can be securely locked and has a security gate; or

(b) it is displayed under security measures that will, within the discretion of the Registrar, be equal or superior to those set in paragraph (a) and that are approved by the Registrar. [I9121 Prohibited firearms and devices that may be licensed in a public collection or an accredited museum The following prohibited firearms and devices may be licensed under section 19 of the Act-

(a) prohibited firearms and devices that may be possessed in terms of the relevant provisions of the transitional provisions in [Annexurel Schedule 1 of the Act; and

(b) a prohibited firearm or device that does not fall under paragraph (a), when that prohibited firearm or device has a clearly definable intrinsic and remarkable heritage significance acknowledged by the South African Heritage Resources Agency in accordance with the National Heritage Resources Act, 1999 (Act 25 of 1999); and

(c) a prohibited firearm and device contemplated in section 4 of the Act, that does not fall under paragraph (a) or (b) is collectable in view of the age thereof, which must not be less than 50 years calculated from the date of its manufacture, together with at least one attribute of collectability regarding its historical, technological, scientific, heritage, educational, cultural, commemorative, investment, rarity, thematic or [andl artistic value or any other aspect as may be deemed appropriate by the Registrar: Provided that if the prohibited firearm or devices does not readily conform to the set combination of age and attribute of collectability, the following further considerations may applythat its production has been discontinued for at least 10 years with the real likelihood of it becoming of collectable interest from a historic, technological, scientific, heritage, educational, cultural or artistic perspective; that it is part of a commemorative issuance or limited edition; that it will fit in as part of a demonstrable theme of future value, where a real likelihood of such future value can be sufficiently demonstrated or motivated; its proven or generally accepted association with famous or infamous people or events;

(v) its current national or international scarcity or rarity based on an acceptable reason;

(vi) its unusual or unique design, materials or method of manufacture of historic interest;

(vii) custom or one-off building by a well known gun maker or gunsmith, with significant value;

(viii) that it is a prototype or part of a limited production run;

(ix) that it is a replica of a well known historical prohibited firearm; or

(x) that it is an investment grade prohibited firearm or device of significant value. [201= Safety measures for the display of firearms in a public collection and museum A public collector and museum may display a firearm only if-

(a) the firearm is unloaded;

(b) the firearm is secured by a chain or metal cable that is passed through the trigger guard, with one end of the chain or cable attached to a wall or permanent fixture on the premises and the other end attached by a lock to a wall or permanent fixture, in such a manner as to prevent the removal of the firearm by a person other than the public collector or a person so authorised; or

(c) the firearm is rendered inoperable by means of a secure locking device and in the case of a prohibited and restricted firearm, b~ the removal of the bolt, bolt carrier or firins pin and displayed in a location that is accessible only to the public collector or a person so authorised. [21123 Conditions regarding the providing of a firearm for use by another person in respect of a licence to possess a firearm for business purposes

(1) The holder of a licence to possess a firearm for business purposes, may only provide the firearm for use by another person if such other person-

(a) possesses the firearm for the business purpose specified on the licence;

(b) has in his or her possession a valid official identity document orpassport by  means of which he or she may be identified and whichcontains a t least his or her full names, identity number and a  photograph;

(c) is in possession of a written authorisation, issued under signature of the holder of the licence, or person authorised thereto in writing by the holder of the licence which contains the-

(i) full names and identity number or passport number of the person to whom the firearm is provided for use;

(ii) name and address of the holder of the licence, the licence number and date of issue of the licence as reflected on the licence applicable to the firearm;

(iii) type, calibre, make, model and all marked serial numbers or other identification marks on the firearm;

(iv) intended business purpose for which the firearm will be issued; and

(v) period, reason and place for which possession is granted: Provided that the period stipulated may not exceed a continuous period of 72 hours or a succession of such periods or, in the case of a licence issued in terms of section 20(2) (d) or (el of the Act, for a period not exceeding the duration of a specific hunting trip for which the person is contracted as a client, employee or sub-contractor of the business: (dl in cases other than a security service provider or person accredited as contemplated in regulation [11113(2)-

(i) where a firearm is not provided to the same person on a regular basis, and where the firearm will be used to fire ammunition, that the person, if not the holder of a competency certificate, has the necessary knowledge of the safe and efficient handling of the firearm; or

(ii) where a firearm is provided to the same person on a regular basis, and where the firearm may be used to fire ammunition, that the person, if not the holder of a competency certificate, has successfully completed theprescribed test and training in the safe and efficient  handling of a firearm as contemplated in regulation [719(1)(a); and (el is not prohibited in law to possess the firearm.

(2) If the holder of a licence to possess a firearm for business purposes is a security service provider or a person accredited as contemplated in  may, in addition to the requirements of section 20(5)(b) of the Act and the conditions in subregulation (l)(a) and (b), only provide a firearm to a person if-

(a) that person is a security officer employed by the security service provider or accredited person for the rendering of a security service;

(b) that security officer is in possession of a competency certificate to possess a firearm;

(c) the receipt, possession and carrying of the firearm by the security officer is in accordance with the Act; (dl in the case of a security service provider, such provider and the security officer are both registered as security service providers in terms of the Private Security Industry Regulation Act, 2001 (Act 56 of 20011, and their respective registrations are not suspended; (el the security officer is in possession of his or her certificate of identification that was issued to him or her in accordance with the provisions of the Private Security Industry Regulation Act, 2001 (Act 56 Of 2001);

(f) the security officer is in possession of an original written authorisation, issued under the signature of the holder of the licence in respect of the firearm, or a person authorised thereto in writing by the holder of the licence, containing the following information-

(i) the full names, identity number, registration number allocated to the security officer by the Private Security Industry Regulatory Authority and the employment address of the security officer to whom the firearm is issued; the name and address of the security service provider or person accredited as contemplated in regulation [11113(2) who is the holder of the licence, the licence number and date of issue of the licence as reflected on the licence, and  in the case of a security service provider, the registration number allocated to such provider by the Private Security Industry Regulatory Authority; the type, calibre, make, model and all marked serial numbers or other identification marks of the firearm; an authorisation to possess the firearm for the rendering of a security service which is clearly stated; and the period and place for which possession of the firearm is granted; the security officer is on duty or standby duty, or is about to perform duty or standby duty; the necessary particulars of the issuing of the firearm and ammunition are entered into all the registers that must be kept in terms of the Act;

the security officer is not charged for a criminal offence or has not signed a warning statement to a police official advising him or her that he or she is under such investigation in respect of an offence relating to the unlawful use of force with a firearm or is not being criminally prosecuted in respect of such an offence; the security officer is not charged under an improper conduct enquiry initiated by the Private Security lndustry Regulatory Authority into an alleged violation by the security officer relating to an offence contemplated in paragraph (i); the possession of the firearm by the security officer is necessary for rendering a security service, taking into account the nature of the security service, the contract between the security service provider and its client, the circumstances under which the security service is rendered, the type of firearm and any other relevant fact; the security officer has successfully completed the security training required in terms of the Private Security Industry Regulation Act, 2001 (Act 56 of 2001) for the rendering of the security service in question;

the security officer is not underthe influence of a substance which has an intoxicating or narcotic effect; the security officer is apparently in a mentally stable condition and the security service provider or person accredited as contemplated in regulation [11113(2) has no reason to believe that the security officer will use the firearm for an unlawful purpose or in an unlawful or negligent manner; in the case where the firearm is to be carried in a public place, the security officer is in possession of the holster, holder or other container required in terms of the Act for the carrying of th  firearm in a public place; the security officer is under proper control in the rendering of the security service for the purposes of which a firearm is issued; the security officer is issued with no more than the necessary quantity of ammunition for the purposes of rendering the relevant security service;

the security officer signs for receipt of the firearm and all ammunition issued to him or her upon such receipt; the security service provider or person accredited as contemplated in regulation [11113(2) issuing firearms to security officers employed by it-

(i) maintains all firearms licensed to it and which are issued to security officers in a proper working condition, free of any defects which may render them an inherent source of danger; enforces a proper disciplinary code in respect of the conduct of security officers regarding their receipt, possession, and return of the firearms and ammunition, and in respect of the conduct of all its other personnel involved with such functions; ensures that firearms and ammunition issued to security officers are returned for safe custody as soon as possible after completion of their duties or work shifts; actively monitors whether security officers who are issued with firearms and ammunition are trained, instructed and guided in respect of the possession, handling and use of firearms as required by law;

actively monitors whether security officers also possess their own firearms or are issued with firearms by any other person while rendering a security service, and takes such firearms in custody for safe storage during the period that the security officer is in possession of the firearm issued by the security service provider;

ensures that security officers issued with firearms are properly assessed, which does not include psychological or psychiatric testing, at least every 24 months or within a shorter period as may be reasonably necessary in the circumstances, to verify that they do not suffer from any condition that would render their continued possession of   firearm and ammunition as posing an unreasonable risk to any person;

ensures that the security officers issued with firearms undergo a t least one proper practical training session, at the cost of the security service provider or person accredited as contemplated in regulation [11113(2), at least every 12 months, or within a shorter period as may be reasonably necessary in the circumstances, in the proper and safe handling and use of the relevant firearm and ammunition;  at least one proper briefing session, at the cost of thesecurity service provider or person accredited as contemplated in regulation [11113(2), every 12 months, or within a shorter period as may be reasonably necessary in the circumstances, during which they are properly informedof the relevant legal principles, rules and procedures and of  their legal duties regarding the possession, carrying, safe custody and use of firearms and ammunition issued to them;

(x) informs a client of the security service provider on whose service, of the  possession of a firearm by the security officer, unless the contract between the security service provider and its client provides for the possession of a firearm;

(xi) properly investigates, or causes such an investigation to be conducted, to establish all the relevant facts concerning every incident involving the discharge of a firearm by a security officer, and keeps a full record of such an investigation;

(xii) takes all relevant steps provided for by law, and all further steps that may be necessary or prudent in the circumstances, with regard to the discharge of a firearm by a security officer, including appropriate counseling and debriefing at the cost of the security service provider or person accredited as contemplated in regulation [11113(2), if the security officer has used a firearm against any person and has caused death or injury; and

(xiii) immediately informs a police official a t the nearest police station and the relevant Designated Firearms Officer after the use of a firearm by a security officer whether or not such use caused any death, personal injury or damage, providing the particulars within the knowledge of the security service provider or person contemplated in regulation [11113(2), as well as particulars contemplated in regulation [22124(3).

(3) A firearm may only be provided for use to another person if it is in good working condition and free of any apparent defect which may render it an inherent source of danger to any person. 122124 Registers in respect of a holder of a licence for business purposes

(1) A register as contemplated in section 20(6) (a) of the Act-

(a) must consist of pages which are all numbered in sequence and all information recorded in it must be written or printed in permanent ink;

(b) all changes to the information recorded in it must be effected by means of crossing out in permanent ink and not by way of erasure;

(c) no pages may be removed from it and every alteration must be signed by the person effecting it; (dl particulars that must be entered in terms of this regulation must be recorded on the receipt, transfer or disposal of the firearm concerned;

(el must contain the following information of all firearms in respect of which the business has a licence, permit or authorisation-

(i) the make, type, calibre, as well as, every manufacturer's serial number or additional identification mark contemplated in section 23(4) of the Act that is reflected on the firearm;

(ii) the licence, permit or authorisation number and date of issue in respect of the firearm;

(iii) the date of acquisition and disposal of the firearm; and

(iv) the full names, identity number, address and firearm licence, permit or authorisation number of the person from whom the firearm was acquired or to whom it was disposed to.

(2) With regard to the providing of a firearm for use by another person, as contemplated in section 20(5) (a) of the Act, a register that complies with subregulation 1 (a) to (dl must be maintained containing the following information-

(a) the make, type, calibre of the firearm, as well as, every manufacturer's serial number or additional identification mark contemplated in section 23(4) of the Act that is reflected on the firearm;

(b) the initials, surname and the identity number of the person to whom the firearm was provided;

(c) the date and time of such provision;

(dl the date and time of return of the firearm;

(el the signature of the person to whom the firearm was provided at the handing over of the firearm and on its return, sewing as return of the firearm;

(f) a copy of the written authorisation contemplated in regulation [21123(1 )(c); and

(g) in the case of a security service provider or person contemplated in regulation [11113(2), the registration number allocated by the Private Security Industry Regulatory Authority to the security officer to whom the firearm was provided.

(3) In the case of a security service provider or a person contemplated in regulation [11113(2), a register complying with subregulation (I)(a) to (dl must be maintained and it must contain the following particulars regarding a firearm that was issued to and discharged by a security officer-

(a) the full names, identity number and registration number allocated by the Private Security Industry Regulatory Authority of the security officer discharging the firearm;

(b) particulars of the firearm as contained in subregulation (2Ha) ;

(c) the date, time, place and circumstances pertaining to the discharge of the firearm; (dl information of any damage, injury or death caused by the discharge of the firearm; and (el the date, time, police station and reference number allocated by the police station to the reporting of the incident to that police station. [(3A)1(4) A security service provider or person accredited as contemplated in regulation fl[131(2) must keep a register regarding the performance of its functions contemplated in regulation [21123(2)(s)(vii()v, iii) and

(ix), containing a t least the following particulars: 

(a) the time, date and venue of the assessment session, the practical training session and the briefing session;

(b) the names of the persons and institutions presenting the sessions contemplated in paragraph (a), and their contact particulars;

(c) the full names, identity numbers and signatures of the security officers attending the sessions contemplated in paragraph (a); and (dl a summary of the results, outcomes or findings, as the case may be, of the assessment session, the practical session and the briefing session. [(4)1(5) The registers referred to in subregulation (I(2)1,, (3 )a nd [(3A)1(4) must be maintained-

(a) at the registered physical address of the business concerned; and

(b) by the person who exercises control over the firearms at the place where the firearms are stored. [(5)1(6) Subject to the provisions of section 146 of the Act and regulation for a period of 10 years from the date of the last entry therein on the business premises specified on the licence. 123125 Application for a temporary authorisation to possess a firearm

(1) An applicant who applies for a temporary authorisation to possess a firearm as contemplated in section 21 of the Act must, in addition to theinformation required by regulation 1131l5, submit- 

(a) a written motivation in support of the application, with specific reference to the steps which are intended in connection with the safe custody of the firearms and ammunition pertaining thereto;

(b) a written declaration that the applicant has facilities available for the safe custody of the firearms and ammunition that complies with the SABS Standards as required by these Regulations and the  to the firearm, if applicable.

(2) (a) Subject to the provisions of subparagraphs (b) and (c) an application for a temporary authorisation must be lodged a t least  the firearm will take place.

(b) In the case of a non-citizen applying for a temporaryauthorisation, the application must be lodged at least three months before the date on which the possession of the firearm by the applicant will take place.

(c) The Registrar may, on good cause shown, exempt an applicant from complying with the period stipulated in subparagraphs (a) and (b).

(3) A non-citizen who applies for a temporary authorisation to possess a firearm as contemplated in section 21 of the Act must, in addition to the relevant information required by regulation [131l5, submit- (a) a certified copy of an official identity document of the applicant or a certified copy of a valid temporary residence permit as the casemay be, or that section of a valid passport issued to the applicanton which his or her identity particulars and the official issuing particulars of the passport are reflected;

(b) an official certificate from the country of citizenship of the applicant confirming that the applicant has no criminal record: Provided that the country issues such certificate;

(c) two written testimonials by South African citizens confirming that the applicant is a fit and proper person to possess a firearm; (dl a full written motivation undersigned by the applicant in support of the application; and (el a full set of fingerprints of the applicant certified by a duly constituted official authority. [241z Conditions applicable to a temporary authorisation to possess a The holder of a temporary authorisation to possess a firearm issued in terms of section 21 of the Act must keep the temporary authorisation wherever the firearm is located and must a t the request of a police official produce the temporary authorisation and the firearm to a policeofficial for inspection.

The temporary authorisation will only be valid for the firearm and period and specific use specified in the temporary authorisation. The holder of the temporary authorisation may not possess more than stipulated in the temporary authorisation unless, for the purpose of sports-shooting, the Registrar has on good cause shown, specified a larger quantity in the temporary authorisation.

The Registrar may require that a person to whom a temporary authorisation will be issued, must provide documentary proof of having successfully undergone the prescribed training and testing contemplated in section 9 (q) and (r) of the Act prior to the issuing of thetemporary authorisation or in the case of a hunter or sports person who  is a non-citizen, an affidavit stating his or her training and experience in the handling of firearms.

The Registrar may determine and specify in the temporaryauthorisation a specific place where the firearm may be used. 125127 Records in respect of temporary authorisations to possess a firearm The Office of the Central Firearms Register must with regard to a temporary authorisation to possess a firearm keep a record of the-

(a) name of the police station where the application was submitted;

(b) details of the person who completed the application;

(c) reason if the application was refused;

(dl details of the applicant and the firearms concerned;

(el details of the premises and the safe storage facilities where the firearms or ammunition, or both will be kept in safe custody; and

(f) period of validity of the temporary authorisation. 12613 Annual report to be submitted to the Minister The Registrar must submit an annual report to the Minister regarding the temporary authorisation to possess firearms containing the-

(a) total number of temporary authorisations issued under section 21 of the Act;

(b) total number of firearms per type and calibre in respect of which authorisations have been issued;

(c) names of the police stations where the applications were submitted; (dl an outline of reasons for refusals; and(el an outline of the periods of validity of the temporary authorisations. 127129 Conditions in respect of use of firearm possessed in terms of section 21 of the Act

A firearm in respect of which an authorisation in terms of section 21 of the Act has been issued may only be used-

(a) where it is safe to be used and only for a lawful purpose; and

(b) in accordance with the stated purpose of use as reflected in the application that was submitted in respect of the permit and which must be endorsed on the permit. 128130 Identification marks on firearms

(1) Any permanently imported firearm which does not have a manufacturer's serial number or which has a manufacturer's serial number that duplicates with a similar make, model, type and calibre firearm that appears on the Central Firearms Register, must for thepurpose of i t s licensing in the Republic of South Africa, have  the additional identification mark determined by the Registrar under section 23(4) of the Act, stamped on the barrel and the frame, or the barrel and the receiver of the firearm in accordance with the provisions of this regulation, subject to the provisions of section 23(3) of the Act. An identification mark can be engraved, stencilled or etched on the barrel and the frame or the barrel and the receiver of the firearm on the circumstances determined by the Registrar and with prior approval from the Registrar.

An identification number contemplated in section 23(2) of the Act must be stamped, engraved, stencilled or etched to a depth of at least 0.2mm. Afirearm that is temporarily imported or in-transit through the Republic of South Africa or a collectable firearm which has been amroved forcollection bv an accredited collectors association in terms of section  17(1)(a) of the Act which does not have a manufacturer's serial number stamped on the barrel, frame or the receiver of the firearm or which has a manufacturer's serial number stamped on the barrel or the receiver of the firearm that duplicates with a similar make, model, type and calibre firearm that appears on the Central Firearms Register, must be allocated with a unique firearm identification number by the Registrar and such affixed to the firearm and that number must remain on the firearm for the period that the firearm remains in the Republic of South Africa. [2913l- The central firearms database

(1) The Registrar must establish and maintain a central firearms database, which must contain information regardingall applications for a competency certificate, licence, authorisation and permit to possess a firearm made in terms of the Act, and renewals and copies of such competency certificate, further competency certificate, licence, authorisation, permits and renewals; the refusal, termination or cancellation of a competency certificate, licence, authorisation or permit to possess a firearm and renewals and a copy of such competency certificate, further competency certificate, licence, authorisation and permit; a declaration of unfitness to possess a firearm contemplated in Chapter 12 of the Act; the details indicated on a competency certificate, licence, authorisation, permit and a renewal or copy thereof, that was issued; and (el the transfer of a firearm which was effected in terms of the Act.

CHAPTER 5

LICENCES ISSUED TO PARTICULAR CATEGORIES OF PERSONS

PART 1

GENERAL PROVISIONS

[3012 Additional particulars to be provided with an application for a dealer, manufacturer and gunsmith's licence A person who applies for a dealer, manufacturer or gunsmith's licence contemplated in Chapter 7 the Act must, in addition to the relevant information required by regulation [131l5, submita description of the premises on which the applicant intends to carry on business as a dealer, manufacturer or gunsmith which specifies its location and the surrounding buildings and businesses; a plan of the premises, drawn to scale, on which the following are clearly indicated-

(i) the dimensions of every room; and

(ii) the arrangement of the internal structure, together with all doors, windows, counters, safes, strongrooms and manner of internal and external connections; documentary proof to the satisfaction of the Registrar that the building, or section thereof that will be used for the purpose of the business, will be constructed with baked clay or cement bricks, concrete floors, aggregate for concrete that complies with requirements of SABS specification 1083, aggregate for mortar and plaster that complies with requirements of SABS specification 1090, and a roof constructed to the satisfaction of the Registrar; documentary proof to the satisfaction of the Registrar that the premises are furnished with a burglar alarm which complies with the following requirements-

(i) passive infrared (PIR) movement sensors with a lens for solid curtain coverage installed in such a manner that coverage is provided from the floor to the ceiling of the building;

(ii) every movement sensor shall be equipped with a tamper-proof device;

(iii) if the alarm is activated, it must only be possible to reset it with a key or a code adjustment;

(iv) independent functioning in case of a power failure for a period of at least 10 hours;

(v) the control unit must be installed within the safeguarded area or be equipped with a tamper-proof device;

(vi) an automatic telephone or radio contact unit which effects contact to the applicant or any other responsible person on activation of the alarm system which must be installed within the safeguarded area or be equipped with a tamper-proof device; and

(vii) a siren with a sound frequency level of at least 93 decibels with a flashing light which must be installed within the safeguarded area or be equipped with a tamper-proof device; (el documentary proof to the satisfaction of the Registrar that the building is equipped with burglar proofing, installed and complying with the following-

(i) the burglar proofing must be affixed to the fixed structure of the building and the security gates fitted with locks; and

(ii) burglar proofing of the windows and securitygates of doors which shall consist of horizontal steel reinforcing of not less than 50mm x IOmm, spaced not more than 500mm apart and vertical round steel bars of a diameter of not less than 16mm fixed to the horizontal steel reinforcing by means of inserting the vertical round steel bars through the horizontal steel reinforcing not more than 100mm apart;

(f) documentary proof to the satisfaction of the Registrar that the building, or section thereof that will be used for the purpose of the business, is equipped with an adequate number of safes or strongrooms that comply with the applicable provision of Regulation 186188;

(g) documentary proof to the satisfaction of the Registrar, provided by an accountant, auditor or attorney with knowledge of the particular facts, of-

(i) the full names, surname, identity number and address of ever natural person who will have any direct or indirect financial or other business interest in the business together with particulars of the nature and extent of any such interest and, in the case of a juristic person, also the name and identity number of any person who is in control thereof or is responsible for the management thereof;

(ii) if the applicant is a juristic person, full particulars of the juristic person including supporting documents confirming its legal status;

(iii) documentary proof of ownership of the property or, if theapplicant is not the registered owner of the property on which the  premises are situated, the particulars of the registered owner and the written consent of the registered owner for the applicant to conduct the business on the premises together with the terms and conditions applicable to the use of the premises; and

(h) documentary proof to the satisfaction of the Registrar that theapplicant complies with all local by-laws which may be applicable to the conducting of the business.

PART 2

DEALERS

[311= Conditions in respect of a dealer's licence The Registrar may impose the following conditions in respect of a dealer's licence-

(a) a dealer intending to transfer a prohibited firearm or device referred to in section 4 of the Act, must lodge with the Registrar an application that complies with regulation [131l5, insofar as is applicable, accompanied by a relevant permit issued by the National Conventional Arms Control Committee established under the National Conventional Arms Control Act, 2002 (Act 41 Of 2002);

(b) a dealer may transfer a prohibited firearm and device referred to in section 4 of the Act only after acquiring a written conformation from the Registrar that a holder of a licence as provided for in sections 17,18(5), 19 and 20W (b) had been issued with a licence to possess that prohibited firearm;

(c) during any period when the licensed premises are closed for business purposes all muzzle loading firearm~~firearmansd ammunition which are on the premises must be locked in a strongroom or safe for safe custody of firearms which has been defined in the relevant licence; (dl during any period when the premises specified in the licence is open for purposes to trade in muzzle loadinq firearms, firearms or ammunition, muzzle loading firearm~~firearmansd ammunition may only be displayed if the muzzle loading firearms and firearms are-

(i) unloaded; and

(ii) in the case of handguns, locked in a display counter or display cabinet that prevents the unauthorised access to the handguns displayed therein;

(iii) in the case of firearms, excluding handguns and firearms displayed as prescribed in subparagraph (HI-

(aa) rendered inoperable by means of a secure locking device; or

(bb) securely attached with a metal attachment to a non-portable structure in such a manner that it cannot readily be removed; and

(iv) not displayed with ammunition that can be discharged from it; (el during any period when the licensed premises are open for business or any other purpose, muzzle loading firearms, firearms and ammunition which are not displayed must be kept in a strongroom or safe for safe custody of firearms which has been defined in the relevant licence;

(f) a dealer may not record the details of a firearm on the applicable part of an application for a licence to possess that firearm unless the dealer is physically in possession of the firearm when recording such details;

Reproduced by Sabinet Online in terms of Government Printer’s Copyright Authority No. 10505 dated 02 February 1998