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South African Firearms Control Draft Regulations for Public Comment, GovGazette No 30401 26 Oct 2007, (Part 3)
a dealer may not record the details of a firearm on the applicable part of an application for a licence to possess that firearm coincident in another application for a licence to possess that firearm; only natural persons whose particulars are recorded in the prescribed register as contemplated in regulation [3713(4), may trade in muzzle loading firearms, firearms or ammunition on behalf of the dealer; the persons whose particulars appear on the licence or in the prescribed register as contemplated in subregulation 13713(4) must ensure that-
(i) during business hours proper control is, at all times, exercised over all the muzzle loading firearms, firearms and ammunition;
(ii) the prescribed registers are properly maintained; and
(iii) every reasonable precaution is taken against the loss or theft of the muzzle loadinq firearms, firearms and ammunition;the muzzle loading firearms, firearms and ammunition that are possessed on the authority of a dealer's licence may only be transportedby a person whose particulars appears on the licence or in the register prescribed in regulation [3713(4) or by the holder of a firearm transporter's permit and such transport must comply with the requirements of regulation [68170(1)(at) o (c); the dealer must verify that the particulars of a muzzle loadins firearms, firearm and ammunition recorded on a form and register dealt with by the dealer, are correct; firearms and ammunition may only be test-fired or fired for demonstration purposes at an accredited shooting range by a person holding a competency certificate;the dealer and all persons employed by the dealer must be conversant with the provisions of the Act, the regulations issued in terms of the Act and any amendments thereto; a dealer may not at any time display or exhibit any muzzle loading firearms, firearm and ammunition in any showcase or show-window which directly goes out on or overlooks any public street, road, throughway or public place whereto the general public has access, or permit it to be so displayed or exhibited or cause it to be so displayed or exhibited;
(01 the dealers' licence may not be transferred; and
(p) a dealer's licence does not authorise the collection of firearms or as a private or public collection. [321g Information on a dealer's licence
A dealer's licence must, in addition to the requirements of sections 7(2) and 34 of the Act, contain the-
(a) business name of the dealer;
(b) in the case where the holder of the dealer's licence is a natural person, initials, surname and identity number of the holder of the dealer's licence or in the case of a juristic person the name and legally prescribed registration number thereof, where applicable;
(c) number, date of issue and type of competency certificate issued to the holder of the dealer's licence and in the case of a juristic person the name, surname, identity number and number, date of issue and type of competency certificate of the responsible person, where applicable;
(d) date of issue of the licence;
(el date of expiry of the licence;
(f) registration number and reference code allocated by the Registrar; and
(g) details of the approved safe or strongroom as contemplated in regulation I861@(2).[331= Application for temporary authorisation to trade in firearms and ammunition on premises other than those specified in dealer'slicence
(1) A dealer applying for a temporary authorisation as contemplated in section 36 of the Act must, in addition to the requirements of regulation t131l5, submit- a written motivation in support of the application, with specific reference to the steps which are contemplated in connection with the safe custody of the firearms and ammunition; a written declaration that the dealer has facilities available for the safe custody of the firearms and ammunition that comply with SABS Standard 953-1 or 953-2, or both; a certified copy of the dealer's licence; and a list containing the full names, identity numbers, the date of issue and number of the competency certificate of every person who will trade on behalf of the dealer a t the premises.
(2) The application must be lodged at least 30 days before the date on which the trading will commence at the other premises. 1341% Conditions applicable to temporary authorisations to trade in firearms and ammunition on premises other than those specified in dealer's licence The Registrar may impose the following conditions in respect of a temporaryauthorisation issued under section 36 of the Act:The dealer to whom a temporary authorisation has been issued must, for the duration of the trade in firearms and ammunition, keep the temporary authorisation a t the premises specified in the temporary authorisation and the dealer must, at the request of a police official, produce the temporary authorisation to such police official for inspection; during any period when the premises specified in the temporary authorisation is closed for purpose to trade in firearms and ammunition, all firearms and ammunition which are on the premises, must be locked in the strongroom or safe for safe custody of firearms and ammunition which has been specified on the temporary authorisation; during any period when the premises specified in the temporary authorisation is open for purposes to trade in firearms and ammunition,firearms and ammunition may only be displayed if the 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 handgunsdisplayed therein;
(iii) in the case of firearms, excluding handguns and firearms displayed as prescribed in subparagraph (iib
(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 beremoved; and
(iv) not displayed with ammunition that can be discharged from it;
(d) during any period when the premises specified in the temporary authorisation is open for purpose to trade in firearms and ammunition-
(i) ammunition may only be displayed if the ammunition are securelylocked in a display counter or display cabinet; and
(ii) firearms or ammunition or both which are not displayed must belocked in a strongroom or safe for safe custody of firearms and ammunition which has been specified in the temporary authorisation; (el only persons specified in the temporary authorisation and who has in hisor her possession a relevant competency certificate, may trade at the specified premises on behalf of the dealer;
(f) must during the period of trade at the premises specified in the temporary authorisation, keep a record in respect of every firearm and all ammunition in possession of the dealer on the premises wherein the following particulars must be recorded-
(i) the stock number allocated in accordance with regulation[3713(1)(a) that must be clearly affixed by means of a temporary marking on the firearm;
(ii) 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;
(iii) the calibre, make and quantity of all ammunition;
(iv) the date of sale of any firearm or ammunition, or both;
(v) the full name, physical address and identity number or registration number, as the case may be, of the person to whom a firearm orammunition, or both has been sold;
(vi) the date of issue and number of the licence, permit or authorisation contemplated in section 90(d) of the Act, in terms whereof the person to whom the ammunition has been sold, may possess the ammunition;
(vii) the calibre, make and quantity of ammunition sold; and
(viii) the signature of the person to whom the ammunition has been sold that must be affixed to the recorded particulars;
(g) no firearm may be delivered to a person to whom it was sold at the premises specified in the temporary authorisation until the register prescribed in regulation 13713(1) have been duly completed by the dealer; and
(h) the record prescribed in paragraph (f) , must a t the expiry of the period for which the temporary permit was issued, be incorporated and crossreferenced with the register prescribed in regulation 137139. 135137 Record of prescribed information regarding temporary authorisations in respect of dealers The Office of the Central Firearms Register must keep a record of the following information regarding temporary authorisations issued under section 36 of the Act:
(a) the 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; (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.13613 Application by a dealer for the change of premises A dealer who applies for the removal of the business from the premises specified in the licence to a different premises must, in addition to the relevant information required by regulation 113115 and in regulation 130132, submit such further information and documents as may be required by the Registrar. When an inspection of the new premises by a police official or a Designated Firearms Officer reveals that the safeguarding facilities at the new premises do not in all respects comply with those specified for the applicable licence, the holder of the licence must be notified thereof in writing by the relevant Designated Firearms Officer and be afforded a period of 60 days within which to correct the listed deficiencies: Provided that the Registrar is satisfied that the nature of the deficiencies would not create an unacceptable risk for the safe custody of firearms or ammunition.
(a) On approval of an application to change premises as contemplated in subregulation (11, the dealer must immediately on taking occupation of the new premises, notify the relevant Designated Firearms Officer responsible for the area in which the applicant's new business will be situated.
(b) A notification contemplated in subparagraph (a) must be on the applicable form and be accompanied by such information and documents as may be required by the Registrar. 13713 Registers in respect of a dealer (1 A dealer must keep a register as contemplated by section 39(3) of the Act comprising of a set of books or computer printouts known as 'the Firearms Stock Register' in respect of every muzzle loading firearm or firearm received in stock from whatever source, wherein must be recorded-
(a) on the debit-side-
(i) a stock number that must be clearly affixed by means of atemporary marking on the muzzle loadins firearm orfirearm;
(ii) the make, type, calibre of the muzzle loading firearm or] 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 muzzle loadinq firearm or firearm;
(iii) the date of receipt of the muzzle loading firearm or firearm;
(iv) the full names, surname, identity number or registration number, as the case may be, and physical address of the person from whom the muzzle loadins firearm or firearm was acquired; and
(v) in the case of a firearm, the number and date of issue of the existing licence, authorisation or permit, as the case may be, and in the case of a private transfer and a muzzle loading firearm,, the signature of the person from whom the firearm was acquired;
(b) on the credit-side against the stock number referred to insubregulation (I)(a)(i)-
(i) the date of sale of the muzzle loadins firearm or firearm;
(ii) the full names, surname, identity number or registration number, as the case may be, and physical address of the person to whom the muzzle loadins firearm or firearm was sold;
(iii) the number and date of issue of the licence, authorisation or permit in terms whereof the firearm may be possessed by the person contemplated in subparagraph (ii);a nd
(iv) the signature of the person to whom the muzzle loading firearm or firearm was sold or transferred to [who is responsible for the transfer of the firearm1 that must be affixed to the recorded particulars.
(2) A dealer must keep a register comprising of a set of books or computer printouts known as 'the Ammunition Stock Register' in respect of all ammunition received wherein must be recorded-
(a) on the debit-side-
(i) the calibre, make, tvpe and quantity of all ammunition received; and
(ii) the date of receipt; and
(iii) the number and date of issue of the existing licence, authorisation or permit, as the case may be, of the person from whom the ammunition was acquired;
(b) on the credit-side-
(i) the date of sale of the ammunition;
(ii) the full names, surname, identity number or registration number, as the case may be, and physical address of the person to whom the ammunition was sold;
(iii) the number and date of issue of the licence, permit or authorisation contemplated in section 90(d) of the Act, in terms whereof the person to whom the ammunition has been sold, may possess the ammunition;
(iv) the calibre, make and quantity of all ammunition sold; and
(v) the signature of the person to whom the ammunition has been sold or transferred that must be affixed to the recorded particulars.
(3) (a) A dealer must keep a register comprising of a set of books or computer printouts known as 'the Firearms Safe Custody Register' regarding all muzzle loading firearms or firearms that the dealer receives and holds on behalf of a holder of a licence, authorisation or permit for the purpose of the safe custody or transfer of the muzzle loadins firearms or firearms.
(b) The Firearms Safe Custody Register must contain-
(i) the date of receipt of the muzzle loading firearm or firearm;
(ii) the full names, surname, identity number or registration number, as the case may be, and physical address of the person from whom the muzzle loading firearm or firearm was acquired;
(iii) 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 muzzle loadincl firearm or firearm;
(iv) the number and date of issue of the existing licence, authorisation or permit, as the case may be, and signature of the person from whom the firearm was acquired;
(v) the date of return, transfer or disposal of the muzzle loadingfirearm or firearm; and
(vi) the signature of the person to whom the muzzle loading firearm or firearm was returned, transferred or disposed to. A dealer must keep a register wherein the full names, surname, identity number and physical address and number of the applicable competency certificates in respect of natural persons who are involved in trading on behalf of the dealer, are recorded.
(a) The registers comprising of a set of books that are kept in terms of this regulation, may not be taken into use or be used, unless every page of such register is numbered in sequence and the relevant Designated Firearms Officer, has signed every such page and appended an official date stamp reflecting the particulars of the office to which the relevant Designated Firearms Officer is attached, with every such signature.
(b) A dealer must, within seven days after the end of a month hand the register comprising of computer printouts that are kept in terms of this regulation, of which every page must be numbered in sequence, to the relevant Designated Firearms Officer who must sign every page and appended an official date stamp reflecting the particulars of the office to which the relevant Designated FirearmsOfficer is attached, with every such signature.
(c) Signatures as contemplated in subregulations (l)(b)(iv)(,2 )(b)(va)n d (3)(b)(vim) ust be affixed to a computer printout contemplated in subregulation (c).
(6) An entry recorded in a register referred to in this regulation must be printed or written in ink, and any amendment thereof must be effected by means of interlineation or crossing out in ink and not by way of erasure, and any such amendment must be initialled by the person effecting the amendment.
(7) No person may remove or cause to be removed any page from anyregister contemplated in this regulation and if any page is removed from such register, it will be deemed, in the absence of evidence to the contrary which raises reasonable doubt, to have been removed by or on the authority of the person who is in terms of any provision of this Act obliged to keep such register.
(8) A dealer must, if directed thereto a t any time by the Registrar by written notice, submit a return providing such particulars regarding ammunition, which has been acquired or procured, or which has been transferred or disposed of, as the Registrar may in the notice determine.
(9) All particulars that must be entered in a register referred to in this regulation, must be recorded by a person [endorsed on the dealers licence1 whose particulars are recorded in the register contemplated in resulation 39(4) on receipt, transfer or disposal, as the case may be, of the firearm or ammunition concerned.
(10) Subject to the provisions of section 146 and regulation [1021104(1) a register prescribed in this regulation and regulation t341=(f), must be kept for a period of 10 years from the date of the last entry therein on the business premises specified on the dealer's licence. 138140 Manner in which a workstation must be established, maintained and linked to the central dealers' database
(1) The workstation of a dealer contemplated in section 39(6) of the Act, must link to the central dealers' database by way of software and an electronic network connectivity that is compatible with the infrastructure and standards of the South African Police Service.
(2) A dealer must estab1is.h an online electronic connectivity which links the registers prescribed in regulation [3713 to the central dealer's database and which must provide for a daily electronic online transfer of data regarding business related to muzzle loading firearms or firearms andammunition for the previous business day as recorded in the prescribed registers.
(3) If any circumstance occur which prevents a dealer to submit returns online by means of the electronic network connectivity, the Registrar must be informed immediately in order to establish alternative means to submit the daily returns. 139141 Weekly returns (1 A dealer who is exempted from the duties referred to in section 39(6) of the Act must, within seven days after the end of every week, submit to the Office of the Central Firearms Register a return on the form determined by the Registrar, or a computer printout which reflects the information of the prescribed form, regarding all muzzle loading firearms and firearms [and ammunitionl-
(a) acquired during the relevant week; and
(b) transferred during the relevant week.
(2) A dealer must submit such weekly returns whether or not any muzzle loading firearms or firearms [or ammunitionl have been acquired or transferred. [401= Establishment of centralised dealer's database
(1) The Registrar must establish and maintain a central dealer's database which is linked and can interface with the electronic network connectivity of workstations of dealers as contemplated in regulation [3813.
(2) The central dealer's database must contain-
(a) the information and supporting documents submitted by an applicant on the prescribed form under regulation [I3115 regarding a competency certificate, dealer's licence, authorisation, renewal or copy thereof, as well as, the relevant information in respect of the suspension or termination thereof;
(b) the information on a competency certificate, licence, authorisation, permit and a renewal or copy thereof, that were issued or refused as a result of an application; and
(c) the details and information submitted by a dealer in respect of theacquisition, transfer and disposal of a muzzle loading firearm, firearm or ammunition effected under the Act.
PART 3
MANUFACTURERS
[411g Conditions in respect of a manufacturer's licence The Registrar may impose the following conditions in respect of a manufacturer's Iicencethe licence may not be transferred; the section of the business premises specified in the licence in which the muzzle loading firearms, firearms and ammunition are manufactured or stored must, during working hours, be under the immediate control of the holder of the manufacturer's licence or, if authorised thereto by the Registrar in writing, a person nominated by the holder of the manufacturer' licence to supervise the final assembly of the firearms; the holder of the manufacturer's licence may only acquire and keep in stock the calibre ammunition necessary for the testing of a firearm manufactured under the licence; all manufactured muzzle loadins firearms, firearms and main firear components must be stored in a prescribed safe or strongroom as specified in the licence during all hours other than working hours; during any period when the licensed premises are closed for business purposes all ammunition and any other explosive component of the ammunition which are on the premises, must be locked in a strongroom or safe which has been approved in terms of the Explosives Act, 1956 (Act 26 of 1956) and specified on the licence; on every firearm manufactured under the provisions of the Act, a manufacturer's serial number must be stamped on it; a manufacturer's serial number must, on request of the manufacturer, be allocated by the Registrar; the manufacturer's serial number must be stamped on the firearm in accordance with the provisions of section 23(2) of the Act read with regulation [28130(2) before the manufacturing has been completed; the manufacturer must stamp the inscription 'made in South Africa' and the manufacturer's trade name on the barrel, frame or receiver of the firearm; testing of a firearm must only be done at a shooting range or tunnel approved by the Registrar by a person who holds a competency certificate; the licence shall only authorise the manufacturing of firearms or calibre of ammunition, or both that is specified thereon; before commencing the manufacturing of firearms or calibre of ammunition that is not specified on the manufacturer's licence, the holder of manufacture's licence must apply to the Registrar for a licence to manufacture such firearm or calibre of ammunition; the Registrar may, after receipt of an application for the licence, but prior to the issuing thereof, authorise the manufacturer to produce a specified number of prototypes of the firearm to allow the manufacturer to obtain the necessary proofing of the firearm as contemplated in regulation [1061m; the Registrar may only licence a manufacturer to manufacture a firearm or ammunition referred to in section 4(l)(a) to (dl of the Act, if the manufacturer has beforehand obtained the necessary permit in terms of section 14 of the National Conventional Arms Control Act, 2002 (Act 41 of 20021, as well as, a proofing certificate contemplated in regulation [I061108 and a South African Police Service ballistics evaluation report; in the case of commercial loading of ammunition, other than contemplated in section 93(1) of the Act, the packaging in which the ammunition is sold by the manufacturer must clearly indicate that the ammunition is reloaded ammunition and the packaging must further have the loading manufacturer's details printed thereon; ammunition manufactured under a manufacturer's licence, excluding ammunition contemplated in subparagraph (01 , must be individually identified by a unique head stamp or marking approved by the Registrar that identifies the manufacturer; the muzzle loading firearms, firearms and ammunition that arepossessed on the authority of a manufacturer's licence must be transported on behalf of the holder of the manufacturer's licence only by a person whose name appears on the licence or in the register contemplated in regulation [471@(5) or by the holder of a firearm transporter's permit and such transportation must comply with the requirements of regulation [6817(Jl)(a) to (c); any main firearm component that is rejected by the manufacturer due to its unacceptability for use, must immediately after its rejection be destroyed by the manufacturer by making it totally inoperative; a manufacturer may supply a barrel that is unchambered, partially chambered or pre-chambered for a specific calibre to the holder of a dealer's licence; a manufacturer's licence does not authorise the collection of firearms or ammunition as a private or public collection; and a manufacturer may not employ a person who has been declared unfit to possess a firearm under Chapter 12 of the Act in a position who has access to a completed manufactured firearm or ammunition.
[4214 Information on a manufacturer's licence A manufacturer's licence must, in addition to the requirements of section 48 of the Act, contain thebusiness name of the manufacturer; initials and surname of the holder of the manufacturer's licence in the case where the holder of the manufacturer's licence is a natural person, or in the case of a juristic person the name and legally prescribed registration number of the juristic person, where applicable; the number, date of issue and type of competency certificate issued to the holder of the manufacturer's licence and in the case of a juristic person the name, surname, identity number and number, date of issue and type of competency certificate of the responsible person;
(dl the date of issue of the licence;
(el the date of expiry of the licence;
(f) the registration number and reference code allocated by the Registrar;
(g) the details of the approved safe or strongroom as contemplated in regulation [86188(3), as well as, any explosives magazines; and
(h) the particulars of the firearm and calibre of ammunition that may be manufactured under the licence.
[431& Applications in respect of temporary authorisation to display firearms and ammunition on premises other than those specified in manufacturer's licence
(1 A manufacturer applying for a temporary authorisation as contemplated in section 50 of the Act must, in addition to the requirements of regulation [131l5, submit-
(a) a written motivation in support of the application, with specific reference to the steps which are contemplated in connection with the safe custody of the firearms and ammunition;
(b) a written declaration that the applicant has facilities available for the safe custody of the firearms and ammunition that comply with SABS Standard 953-1 or 953-2, or both;
(c) a list containing the full names, identity numbers, the date of issue and number of the competency certificate of every person who will participate in displaying the arms or ammunition, at the premises;
(dl a certified copy of the manufacturer's licence; and
(2) The application must be lodged at least 30 days before the date on which the display of the firearms and ammunition will commence at the other [441@ Conditions applicable to temporary authorisation to display firearms and ammunition on premises other than those specified in a manufacturer's licence The Registrar may impose the following conditions in respect of a temporaryauthorisation issued under section 50 of the Act:
(a) The manufacturer to whom a temporary authorisation has been issued must, for the duration of the display of the firearms or ammunition, or both keep the temporary authorisation a t the premises specified in the temporary authorisation and the manufacturer must, at the request of a police official, produce the temporary authorisation to such police official for inspection;
(b) during any period when the premises specified in the temporary authorisation is closed for displaying purposes, all muzzle loading firearms, firearms or ammunition, or both which are on the premises, must be locked in the strongroom or safe for safe custody of firearms which has been specified on the temporary authorisation;
(c) during any period when the premises specified in the temporary authorisation is open for purposes to display muzzle loading firearms or firearms, the muzzle loadinq firearms and firearms may only be displayed if the muzzle loadinq 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 (ii)-
(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;
(dl during any period when the premises specified in the temporary authorisation is open for displaying purposes-
(i) ammunition may only be displayed if the ammunition are securely locked in a display counter or display cabinet;
(ii) firearms or ammunition, or both which are not displayed must be locked in a strongroom or safe for safe custody of firearms which has been specified in the temporary authorisation;
(e) only persons specified in the temporary authorisation and who has in his or her possession a relevant competency certificate, may participate in the displaying of the firearms or ammunition, or both;
(f) the manufacturer must, at the premises specified in the temporary authorisation and during the period of validity of the temporary authorisation, keep a record in respect of every firearm and al ammunition in possession of the manufacturer on the premises wherein the following particulars must be recorded-
(i) the stock number allocated in accordance with regulation [471@(1)(a) that must be clearly affixed by means of a temporary marking on the firearm;
(ii) 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;
(iii) the calibre, make and quantity of all ammunition.
(g) the record prescribed in paragraph (f) , must a t the expiry of the period for which the temporary permit was issued, be incorporated and crossreferenced with the register prescribed in regulation 147149. 1451% Record of prescribed information regarding temporary authorisations in respect of a manufacturer's licence The Office of the Central Firearms Register must keep a record of the following information regarding temporary authorisations issued under section 50 of the Act:
(a) the 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;
(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. 1461% Application by a manufacturer for the change of premises
(1) A manufacturer who applies for the removal of the business from the premises specified in the licence to a different premises must, in addition to the relevant information required by regulation 113115 and in regulation 130132, submit such further information and documents as may be required by the Registrar.
(2) When an inspection of the new premises by a police official or a Designated Firearms Officer reveals that the safeguarding facilities at the new premises do not in all respects comply with those specified for the applicable licence, the holder of the licence must be notified thereof in writing by the relevant Designated Firearms Officer and be afforded a period of 60 days within which to correct the listed deficiencies: Provided that the Registrar is satisfied that the nature of the deficiencies would not create an unacceptable risk for the safe custody of firearms or ammunition.
(3) (a) On approval of an application to change premises as contemplated in subregulation (11, the manufacturer must immediately on taking occupation of the new premises, notify the relevant Designated Firearms Officer for the area in which the applicant's new business will be situated.
(b) A notification contemplated in subparagraph (a) must be on the applicable form and be accompanied by such information and documents as may be required by the Registrar. 14713 Registers in respect of a manufacturer
(1 A manufacturer must keep a register as contemplated in section 53(3) of the Act in the format of an electronic database known as 'the Firearms Stock Register', in respect of every muzzle loading firearm and firearm manufactured wherein the following particulars must be recorded-
(a) on the debit-side against a stock number the date of manufacture, make, calibre, model and in the case of a firearm, the manufacturer's serial number; and
(b) on the credit-side against the stock number referred to in subparagraph (a) the date of sale of the muzzle loadinq firearm or firearm and-
(i) the name and address and dealer's licence number of the dealer to whom the muzzle loadincl firearm or firearm is sold; or
(ii) the particulars of the State department to whom the firearm was sold; or
(iii) the name and address of the person to whom the muzzle loadinq firearm or firearm was exported in the case of a firearm, together with the particulars of the export permit issued under the Act or the National Conventional Arms Control Act, 2002 (Act 41 of 20021, as the case may be.
(2) Every manufacturer must keep an electronic database known as the 'Ammunition Stock Register', in respect of all ammunition wherein the following particulars must be recorded-
(a) on the debit-side-
(i) the calibre, make, type and quantity of all ammunition manufactured, purchased or acquired;
(ii) the lot number and the date of manufacture or receipt; and
(iii) in the case of the ammunition being purchased or acquired- (aa) the person from whom it was purchased or acquired; and
(bb) the reason for the purchase or acquiring.
(b) on the credit side-
(i) the lot number and the date of sale or use by the manufacturer of the ammunition:
(ii) the calibre, make, t y ~aen d quantity of ammunition sold or used by the manufacturer;
(iii) the name, address and dealer's licence number of the dealer to whom the ammunition is sold; or
(iv) the particulars of the State department to whom the ammunition was sold; or
(v) the name and address of the person to whom the ammunition was exported to together with the particulars of the export permit issued under the Act or the National Conventional Arms Control Act, 2002 (Act 41 of 20021, as the case may be; and
(vi) the date of collection and the signature of the dealer or relevant State official to whom the ammunition was delivered.
(3) A manufacturer must keep updated stock sheets of all its manufactured muzzle loading firearms, firearms and main firearm components.
(4) All particulars that must be entered in a register referred to in this regulation, must be recorded immediately by a desisnated person tendorsed on the manufacturer's licence1 whose particulars are recorded in the resister contem~latedin subrequlation (5) on the manufacture, receipt, transfer or use, as the case may be, of the muzzle loading firearm, firearm or ammunition concerned.
(5) A manufacturer must keep a register wherein the full names, surname, identity number, as well as, the date of issue, type and number of the applicable competency certificate in respect of natural persons who engages in the manufacturing process, are recorded.
(6) Every manufacturer must immediately upon completion of the manufacturing, as well as, the transfer of a firearm or ammunition, or both, submit by means of an electronic connectivity in the outline determined by the Registrar, the information regarding all firearms and ammunition manufactured or transferred.
(7) Every ammunition manufacturer must on or before the seventh day of every successive month submit a monthly return to the Registrar in the form determined by the Registrar, of all ammunition-
(a) manufactured during that specific month; and
(b) disposed of during such specific month.
(8) The returns referred to in subregulations (6) and (7) must be submitted, whether or not any ammunition were manufactured or disposed of during such specific month.
(9) Subject to the provisions of section 146 and regulation [1021104(1) a register prescribed in this regulation must be kept for a period of 10 years from the date of the last entry therein on the business premises specified on the licence. [4813 Manner in which a workstation must be established, maintained and linked to the central manufacturers' database
(1) The workstation of a manufacturer contemplated in section 53(6) of the Act, must link to the central manufacturers' database by way of software and an electronic network connectivity that is compatible with the infrastructure and standards of the South African Police Service.
(2) A manufacturer must establish an online electronic connectivity which links the registers prescribed in regulation 147149 to the central manufacturer's database and which must provide for a daily electronic online transfer of data regarding muzzle loading firearm, firearms and ammunition manufactured or transferred during the previous business day as recorded in the prescribed registers.
(3) If any circumstance occur which prevents a manufacturer to submit returns online by means of the electronic network connectivity, the Registrar must be informed immediately in order to establish alternativ means to submit the daily returns. 149151 Establishment of a centralised manufacturers' database
(1) The Registrar must establish and maintain a central manufacturers' database which is linked and can interface with the electronic network connectivity of workstations of manufacturers as contemplated in regulation 148150.
(2) The central manufacturers' database must contain-
(a) the information and supporting documents submitted by an applicant on the prescribed form under regulation [I3115 regardinga competency certificate, manufacturer's licence, authorisation, permit, renewal or copy thereof, as well as, the relevant information in respect of the suspension or termination thereof;
(b) the information on a competency certificate, licence, authorisation, permit and a renewal or copy thereof, that were issued or refused as a result of the application; and
(c) the details and information submitted by a manufacturer in respect of the manufacture, use or transfer of a muzzle loadinq firearm, firearm and ammunition effected under the Act.
PART 4
GUNSMITHS
150152 Other work that may be performed by gunsmith
(a) The holder of a gunsmith's licence may, repair, customise, custom build, adapt, modify, assemble, deactivate or, subject to regulation 59(3) and 69 store a muzzle loading firearm and firearm.
(b) the Reqistrar may issue a temporarv authorisation to possess a firearm as contemplated in section 21 of the Act to a gunstock maker on condition that the qunstock maker shall not conduct anv other work outside the scope of a gunstock maker which work shall not include work contemplated in subregulation (a) on any metal part of a firearm. [511= Conditions in respect of the issue of gunsmith's licence The Registrar may impose the following conditions in respect of a gunsmith's licence:
(a) The licence entitles the gunsmith to acquire a muzzle loading firearm and firearm and keep in stock any part of a firearm, including a main firearm component, for the purpose of performing his or her work; the licence entitles the gunsmith to acquire and keep in stock ammunition reasonably necessary to test firearms on which he or she performs work within the normal scope of the business of a gunsmith; a gunsmith who is employed by another person for the purpose of performing the work of a gunsmith, must within 30 days of such employment or of any change in the continued employment of such gunsmith with the person, notify the Registrar in writing of such employment or change; if a person has in his or her employment a gunsmith for the purpose of performing the work of a gunsmith, the gunsmith is jointly and severally responsible to ensure that proper control is a t all times exercised over all the muzzle loading firearm, firearms, ammunition and stock contemplated in subparagraphs (a) and (b) ,that the prescribed registers are properly maintained and that every reasonable precaution is taken against the loss or theft of the muzzle loadins firearms, firearms, ammunition and stock: muzzle loadinq firearms, firearms and ammunition that are in the possession of a gunsmith on the authority of a gunsmith's licence, must be transported only by the gunsmith whose name appears on the licence or bv an apprentice gunsmith whose particulars are recorded in the register contemplated in regulation 59(8) or by a holder of a firearm transporter's permit and such transportation must comply with the requirements of regulation [6817CJI)(a) to (c); a gunsmith may not alter or remove the serial number or any otheridentifying mark of a firearm without the prior written authorisation of the Registrar; firearms and ammunition may only be test-fired by a gunsmith a t an accredited shooting range, tunnel or purpose built bullet trap subject to local council requirements; a gunsmith who performs work on a firearm as contemplated in section 59(a) and (b) of the Act or who custom builds a firearm must, before the conclusion of the work, notify the Registrar in writing of-
(i) the particulars of the firearm, including the type, name, calibre and manufacturer's serial number or additional identification number contemplated in section 23(4) of the Act, when applicable;
(ii) the number and date of the issue of the licence in respect of the firearm;
(iii) the full names, surname, identity number or registration number, as the case may be, and physical address of the holder of the licence to possess the firearm; and
(iv) the particulars of the work performed on the firearm; the Registrar may require proofing in accordance with regulation [I061108 in connection with a firearm contemplated in subparagraph (h) ; during any period when the licensed premises are closed for business purposes all muzzle loadinq firearms, firearms and ammunition, which are on the premises, must be locked in a strongroom or safe for safe custody of firearms which has been specified on the licence; during any period when the licensed premises are open for business or any other purpose, muzzle loadina firearms, firearms and ammunition which are not displayed must be locked in a strongroom or safe for safe custody of firearms which has been defined in the relevant licence; a gunsmith may display muzzle loading firearms and firearms on which he or she has performed work in accordance with the provisions of [this] section 59(a) and (b) and regulationl,] 52 in order to promote his or her craftsmanship; during any period when the licensed premises are open for business purposes muzzle loading firearms, firearms and ammunition may only be displayed if the muzzle loadinq firearms and firearms are-
(i) unloaded; and
(ii) in the case of handguns, locked in a display counter or displaycabinet 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 k c ) not displayed with ammunition that can be discharged fromit; a gunsmith may not at any time display or exhibit any muzzle loadinq firearm,firearm or ammunition in any showcase or show-window which directly goes out on or overlooks any public street, road, throughway or public place whereto the general public has access, or permit it to be so displayed or exhibited or cause it to be so displayed or exhibited; a gunsmith may only deactivate a firearm with the prior written consent of the Registrar; a gunsmith's licence does not authorise the collection of firearms or ammunition as a private or public collection; when a firearm is custom built by a gunsmith, the name of the gunsmith as approved by the Registrar, as well as, the additional identification mark contemplated in section 23(4) of the Act, if applicable, must be stamped on the firearm; a gunsmith may only employ a person as an apprentice to the gunsmith if such person is registered for such an apprenticeship with the Department of Labour; and a gunsmith who has an apprentice must exercise personal control and supervision over such apprentice who performs any work on a firearm. [; and1 the Registrar may issue a temporary authorisation to possess a firearm as contemplated in section 21 of the Act to a gunstock maker on condition that the gunstock maker shall not conduct any other work outside the scope of a gunstock maker which work shall not include work contemplated in regulation 50 on any metal part of a firearm.] 52154 Information on gunsmith's licence
A gunsmith's licence must, in addition to the requirements of section 62 of the Act, contain the-
(a) business name of the gunsmith;
(b) full names, surname and identity number of the gunsmith;
(c) number, date of issue and type of the competency certificate issued to the holder of the gunsmith's licence;
(d) date of issue of the licence;
(el date of expiry of the licence;
(f) registration number and reference code allocated by the Registrar; and
(g) details of the approved safe or strongroom as contemplated in regulation [861@(2). 153155 Applications for temporary authorisation to conduct business as gunsmith on premises other than those specified in gunsmith's licence
(1 A gunsmith applying for a temporary authorisation as contemplated in section 64 of the Act must, in addition to the requirements of regulation [131l5, submit-
(a) a written motivation in support of the application, with specific reference to the steps which are contemplated in connection with the safe custody of the muzzle loading firearms, firearms and ammunition;
(b) a written declaration that the gunsmith has facilities available for the safe custody of the muzzle loading firearms, firearms and ammunition that comply with SABS specifications;
(c) a certified copy of the applicant's licence; and
(dl a list containing the full names, surnames, identity numbers, the date of issue and number of the competency certificate of every person who will conduct business as a gunsmith on behalf of the holder of the gunsmith's licence at the premises.
(2) An application for the display of muzzle loadinq firearm orfirearms must be lodged at least 30 days before the intended date on which conducting of such display will commence. 1541% Conditions applicable to temporary authorisations to conduct business as gunsmith on premises other than those specified in gunsmith's licence The Registrar may impose the following conditions in respect of an application for a temporary authorisation issued under section 64 of the Act: The gunsmith to whom a temporary authorisation has been issued must, for the duration of conducting the business as a gunsmith, keep the temporary authorisation at the premises specified in the temporary authorisation and the gunsmith must, a t the request of a police official, produce the temporary authorisation to such police official for inspection; during any period when the premises specified in the temporary authorisation is closed for purpose of conducting business as a gunsmith, all muzzle loadinq firearm,firearms and ammunition which are on the premises, must be locked in the strongroom or safe for safe custody of firearms which has been specified on the temporary authorisation; during any period when the premises specified in the temporary authorisation is open for purpose of conducting business as a gunsmith, muzzle loadinq firearm~~firearmansd ammunition may only be displayed if the muzzle loadinq 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; or
(iii) in the case of firearms, excluding handguns and firearms displayed as prescribed in subparagraph
(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 k c ) not displayed with ammunition that can be discharged from it; during any period when the premises specified in the temporary authorisation is open to conduct business as a gunsmith, muzzle loadinq firearm and firearms which are not displayed or on which work is being performed, must be locked in a strongroom or safe for safe custody of firearms which has been specified in the temporary authorisation; only persons specified in the temporary authorisation and who has in his or her possession a relevant competency certificate, may conduct business as a gunsmith on the premises; the gunsmith must, a t the premises specified in the temporary authorisation and during the period of validity of the temporary authorisation, keep a record in respect of every muzzle loading firearm, firearm and all ammunition in possession of the gunsmith on the premises wherein the following particulars must be recorded-
(i) the stock number allocated in accordance with regulation 15713(1)(a) that must be clearly affixed by means of a temporary marking on the firearm;
(ii) the make, type, calibre of the firearm, as well as, in the case of firearms, every manufacturer's serial number or additional identification mark contemplated in section 23(4) of the Act that is reflected on the firearm; and
(iii) the calibre, make and quantity of all ammunition. the record prescribed in paragraph (f), must a t the expiry of the period for which the temporary permit was issued, be incorporated and crossreferenced with the register prescribed in regulation 1571s. 155157 Record of prescribed information regarding temporary authorisations in respect of gunsmiths The Office of the Central Firearms Register must keep a record of the following information regarding temporary authorisations issued under section 64 of theAct:
(a) the 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;
(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. [561% Application for change of premises
(1) A gunsmith who applies for the removal of the business from the premises specified in the licence to a different premises must, in addition to the relevant information required by regulation [I3115 and in regulation 130132, submit such further information and documents as may be required by the Registrar.
(2) When an inspection of the new premises by a police official or a Designated Firearms Officer reveals that the safeguarding facilities at the new premises do not in all respects comply with those specified for the applicable licence, the holder of the licence must be notified thereof in writing by the relevant Designated Firearms Officer and be afforded a period of 60 days within which to correct the listed deficiencies: Provided that the Registrar is satisfied that the nature of the deficiencies would not create an unacceptable risk for the safe custody of firearms or ammunition.
(3) (a) On approval of an application to change a premises as contemplated in subregulation (It)he, g unsmith must immediately on taking occupation of the new premises, notify the relevant Designated Firearms Officer responsible for the area in which the applicant's new business will be situated.
(b) A notification contemplated in subparagraph (a) must be on the applicable form and be accompanied by such information anddocuments as may be required by the Registrar. 1571s Registers in respect of gunsmith
(1 1 A gunsmith must keep a register as contemplated by section 67(2) of the Act comprising of a set of books or computer printouts known as 'the
Reproduced by Sabinet Online in terms of Government Printer’s Copyright Authority No. 10505 dated 02 February 1998
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