STAATSKOERANT, 26 OKTOBER 2007 No. 30401 3

NOTICE 1325 OF 2007 FIREARMS CONTROL AMENDMENT REGULATIONS, 2087

The Minister for Safety and Security intends to review and amend the Firearm Control Regulations, 2884. Draft Regulations are hereby information and comment from interested parties.

IMPORTANT NOTE: This is merely a working document, which is used to obtain the input of interest groups. The finalization of the draft Firearms Control Amendment Regulations will ultimately be done after the consultation process has been concluded. Parliamentarycommittees will also be involved in the process.

NO PART OF THE CONTENT OF THIS DOCUMENT OR ANY ALTERATION THEREOF MAY BE CONSIDERED AS A COMMITMENT TO THE FINAL PROVISIONS OF THE REGULATIONS.

Kindly note that -

(a) as this is a working document certain technical corrections with regard to the numbering, spacing and general layout still need to be done; and

(b) the existing forms as prescribed in the Firearms Control Regulations, 2004, remain unchanged and should therefore be read in conjunction with these proposed amendments.

Any comments, contributions or proposals on the Regulations may be submitted within 6 (six) weeks from the date of publication of this Notice in writing to the following:

e-mail address: bothmaj@saps.org.za

fax number: 012 3536269

postal address: Director J BOTHMA

FIREARMS CONTROL REGISTRY: SAPS

Private Bag X302

PRETORIA

0001

PROPOSED AMENDMENTS TO THE FIREARM CONTROL REGULATIONS, 2004. GENERAL EXPLANATORY NOTE:

 I Words in bold type in square brackets indicate omissions from existing Regulations. Words underlined with a solid line indicate insertions in the existing Regulations.

DEPARTMENT OF SAFETY AND SECURITY

NO. R. Xxx

(English text signed by the Minister)

FIREARMS CONTROL ACT, 2000

Firearms Control Regulations

The Minister for Safety and Security has, under section 145 of the Firearms Control Act, 2000 (Act No. 60 of 2000), read with the provisions of section 14 of the Interpretation Act, 1957 (Act No. 33 of 1957) made the regulations in the schedule.

SCHEDULE

Firearms Control Regulations, 2007

Arrangement of regulations

Chapter 1

Introductory provisions

Definitions

Chapter 2

Accreditation

2 General provisions relating to accreditation

3 Accreditation of public collector [or a museum1

4 Accreditation of museum

1415 Accreditation of hunting association or sports-shooting organisation

15 Accreditation of collectors association1

6 Accreditation of professional huntinq association

7 Accreditation of collectors association

1618 Accreditation of shooting ranges

[719 Accreditation to provide training in use of firearms

[SIX Accreditation to provide firearms for use in theatrical, film or television productions

19111 Accreditation of game rancher [IOI~Accreditationto conduct business in hunting [111~Accreditation for other business purposes as determined by the

Registrar

[121~Accreditationas an Official Institution

Chapter 3

General provisions regarding application for competency certificate, further competency certificate, licence, permit, temporary authorisation, duplicate and renewal

L131EGeneral provisions regarding applications required in terms of the Act

[141~Specificp rovisions regarding competency certificates

Chapter 4

Licence to possess a firearm

[ISIlJProhibited firearms and devices that may be licensed in a private collection

[161aSafety measures for the display of firearms in a private collection

[171~Conditions regarding the possession of ammunition in a private collection

t181~Safetym easures for the display of ammunition in a private collection

[191ZJProhibited firearms and devices that may be licensed in a public collection

[201ESafety measures for the display of firearms in a public collection Reproduced by Sabinet Online in terms of Government Printer’s Copyright Authority No. 10505 dated 02 February 1998

6 No. 30401 GOVERNMENT GAZElTE, 26 OCTOBER 2007

[21123Conditions regarding the providing of a firearm for use by another person in respect of a licence to possess a firearm for business purposes

[2213Registers in respect of a holder of a licence for business purposes

[231ZApplication for a temporary authorisation to possess a firearm

[241EConditions applicable to a temporary authorisation to possess a firearm

[2512JRecords in respect of temporary authorisations to possess a firearm

[261ZAnnual report to be submitted to the Minister

[271BConditions in respect of use of firearm possessed in terms of section 21 of the Act

[281Bldentification marks on firearms

12913JThe central firearms database

Chapter 5

Licences issued to particular categories of persons

Part 1

General provisions

I30132Additional particulars to be provided with an application for a dealer, manufacturer and gunsmith's licence

Part 2

Dealers

[31133Conditions in respect of a dealer's licence

[321~1nformationo n a dealer's licence

[331=Application for temporary authorisation to trade in firearms and ammunition on premises other than those specified in dealer's licence

[341~Conditionsa pplicable to temporary authorisations to trade in firearms and ammunition on premises other than those specified in dealer's licence

[3513JRecord of prescribed information regarding temporary authorisations in respect of dealers

[361?XJApplication by a dealer for the change of premises

[371sRegisters in respect of a dealer

[381@Manner in which a workstation must be established, maintained and linked to the central dealers' database

[391aWeekly returns

[401~Establishmenot f centralised dealers' database

Part 3

Manufacturers

[411~Conditionsin respect of a manufacturer's licence

[421441nformation on a manufacturer's licence

[431gApplications in respect of temporary authorisation to display firearms and ammunition on premises other than those specified in manufacturer's licence

[441@Conditions applicable to temporary authorisation to display firearms and ammunition on premises other than those specified in a manufacturer's licence

[4514JRecord of prescribed information regarding temporary authorisations in respect of a manufacturer's licence

[461@Application by a manufacturer for the change of premises

i471BRegisters in respect of a manufacturer

1481sManner in which a workstation must be established, maintained and linked to the central manufacturers' database

[4915JEstablishment of a centralised manufacturers' database

Part 4

Gunsmiths

[50152Other work that may be performed by gunsmith

[51153Conditions in respect of the issue of gunsmith's licence

t521~1nformationo n gunsmith's licence

[53155Applications for temporarv authorisation to conduct business as gunsmith on premises other than those specified in a gunsmith's licence

[541~Conditionasp plicable to temporary authorisations to conduct business as gunsmith on premises other than those specified in gunsmith's licence

t5515JRecord of prescribed information regarding temporary authorisations in respect of gunsmiths

[5615lJApplication for change of premises

[571BRegisters in respect of gunsmith

[581aManner in which workstation must be established, maintained and linked to central gunsmiths' database

[5916JWeekly returns

[601~Establishmenot f centralised gunsmiths' database

Chapter 6

Import, export and carriage in-transit of firearms and ammunition

[611~Applicationre garding in-transit permit

[621@Conditions in respect of application for import or export permit

[631&Conditions in respect of in-transit permits

[641&lnformation in respect of import, export and in-transit permits

[651~Establishmenot f central importers' and exporters' database

[661@Extension, renewal and replacement of import, export or in-transit permit

Chapter 7

Storage, transport and carrying of firearms and ammunition

Part I

Storage

[671@Storage of firearms and ammunition

part 2 Firearm transporter's permit

[6817JPackaging of firearms and ammunition during transportation

[691nApplication in respect of a firearm transporter's permit

[70172Conditions in respect of firearm transporter's permit

[71173Duplicate transporter's permit

[72174Cancellation of firearm transporter's permit

[73175Record of prescribed information in respect of firearm transporter's permits

Chapter 8

Control of ammunition and firearm parts

[74lxApplication for authorisation to possess more than 2400 primers and to possess more than 200 cartridges

17517JRegister of firearm parts

Chapter 9

Official institutions

[76178Conditions in respect of acquisition, use, safe custody and disposal of firearms by accredited Official lnstitution

[771Blnformation that the permit issued under section 98 of the Act must contain

t781mCarrying of handgun by employee of Official lnstitution in holster

[791mPrescribed training and test in respect of employee of Official lnstitution

[801~Provisiono f firearm training by Official Institutions

[81183Registers to be kept by Official lnstitution

[821@Particulars that register must contain

[83185ldentification marks in respect of firearms under control of Official Institution

I841~Establishmenot f central Official Institution firearms database

[851flEstablishment and maintenance of Official Institution's workstation

Chapter 10

Safe custody of firearms and ammunition

[86188Safes and safe custody

Chapter 11

Organisational structures

Part I

The central firearms register

[871~1nformationth at the central database must contain

[8819CJOther documentation and information that central database must

contain

Part 2

Administrative justice and appeals

[8919'JAdministrative justice

[901=Appeal Board

191 ]%Appeal procedure

Chapter 12

General provisions

[921sApplication for compensation

[931~Disposaol f firearms or ammunition surrendered in compliance with amnesty

[941sSurrendering of firearms and ammunition

[951~Productionan d discharge of firearms or ammunition for identification purposes

[961sPayment of fees

[971BPayment of administrative fines

1981100 Surrendering and disposal of competency certificate, licence, permit or authorisation

[991m Deferment of licences, permits or authorisations in case of theft or loss of firearm

[IOOl~Changeof address

[1011~Equipmenat nd material designed for loading of ammunition

[1021~Disposaol f firearms where business ceases to carry on business

[1031~Disposaol f firearms in insolvent or deceased estate

[1041~Destructiono f firearms

[1051~Deactivationo f firearms

[106I~Proofingof firearms

[10711Change of circumstances

[1081~C0rrectiono f information

[109l~FirearmFr ee Zones

tll01~Offencesan d penalties

[1lll~Receipts

[ 1 1 2 1 ~ 0 f f i c i aald dress

[11311Repeal of regulations

[1141~Titlean d commencement

Chapter I

Introductory provisions

1 Definitions

In these Regulations any word or expression to which a meaning has been assigned in the Act, shall have that meaning and, unless the context otherwise indicates- 'accredited shooting range' means a shooting range or tunnel that complies with an applicable compulsory specification set in terms of the Standards Act,

1993 (Act 29 of 1993); 'applicant' includes a natural person or juristic person acting through its responsible person; 'conduct business in hunting' means [a licensed professional hunter who escorts a client for reward to enable such client to hunt wild animals or a licensedl conductinq the business of a hunting outfitter [who presents or organises the hunting of wild animals for clients]; 'dedicated procedure' means action or procedure directed a t promoting conformity with the Act;

'firearm transporter means a person contemplated in section 86 of the Act; 'game farm' means an extensive farm that is fenced in such manner-

(a) that game on land outside the fence cannot readily gain access to the land which is fenced:

(b) that game cannot readily escape from the land which is fenced; and

(c) on which herds of game are kept or raised for the purpose of game farming; 'game farming' means large scale farming operations consisting of breeding and running game on a game farm for the purpose of the game being hunted or harvested for their meat, carcasses, skins or as a trophy, against payment of a fee;

'hunting outfitter' means a person who presents or organises the hunting of game for reward and who is licensed as such in terms of an applicable provincial legislation; 'immediately' means by the end of the following normal business day;

'import' in relation to firearms or ammunition means to bring them, or cause them to be brought, from outside the Republic of South Africa into the Republic of South Africa and includes the bringing thereof into the Republic of South Africa at any harbour or airport or other place on board any vessel or aircraft or other means of conveyance, irrespective of whether or not the firearms or ammunition are off-loaded from such vessel or aircraft or other means of conveyance for conveyance through the Republic of South Africa to any place outside the Republic of South Africa or for any other purpose, or are intended to be so off-loaded; and 'import' , when used as a verb, shall have acorresponding meaning;

'in transit' means the conveyance through the Republic of South Africa to another country firearms or ammunition that has been imported;

'main firearm component' means the barrel, frame, receiver, slide, bolt or breech-block of a firearm;

'multiple import-export permit' means an import and export permit authorising the multiple import and export of a specific firearm or ammunition during a specified period; 'person in good standing' means a person who-

(a) is or remains acceptable to an accredited hunting association, sportsshooting organisation professional hunters association or collectors' association as a dedicated member, professional hunter or collector, as the case may be;

(b) [actually fulfils the intent of1 promotes conformity with the Act in respect of his or her status as a dedicated hunter or dedicated sports person, professional hunter, or collector as the case may be; and

(c) is not unfit to possess a firearm in terms of the provisions of the Act; 'police station' includes the offices of a Designated Firearms Officer and a government office designated by the Registrar a t which a function in terms of the Act as specified by the Registrar may be exercised; 'Private Security lndustry Regulatory Authority' means the Authority as defined in section l(1) of the Private Security lndustry Regulation Act, 2001 (Act 56 of

2001 1:

['professional hunter' means a person who offers or agrees to escort any other person for reward to hunt game and who is licensed as such in terms of applicable provincial legislation;

'public collection' means a collection of firearms or ammunition intended to be displayed to the public;] 'record' means recorded information regardless of form or medium;

'relevant Designated Firearms Officer' means the Designated Firearms Officer responsible for the area in which the applicant ordinarily resides, and if an application under these Regulations pertains to a business of the applicant, the

Designated Firearms Officer responsible for the area in which the business is or will be situated, as the case may be;

'SABS' means the South African Bureau of Standards referred to in section 2(1) of the Standards Act, 1993 (Act 29 of 1993);

'secure locking device' means a device that can only be opened or released by the use of an electronic, magnetic or mechanical key or by setting the device in accordance with an alphabetical or numerical combination and when affixed to a firearm, prevents the firearm from being detached from a fixed structure;

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'State' means an organ of State as defined in section 239 of the Constitution of the Republic of South Africa, 1996 [(Act 108 of 199611;

'the Act' means the Firearms Control Act, 2000 (Act 60 of 2000); and

'unloaded' means that any propellant, projectile or cartridge which can bedischarged from the firearm is not contained in the breech-block or firing chamber of the firearm nor in the cartridge, magazine or cylinder attached to or inserted into the firearm.

CHAPTER 2

ACCREDITATION

General provisions relating to accreditation An applicant requiring accreditation for a purpose contemplated in the Act must apply to the Registrar for such accreditation. An applicant referred to in subregulation (Im)u,s t submit the duly completed relevant application form, prescribed in Annexure 'A' together with any required supporting documents, to the relevant

Designated Firearms Officer.

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(1) of the Act who must be nominated in writing by the juristic person to act on behalf of the juristic person.

When an applicant is a juristic person, the Registrar may require from the applicant any information regarding any aspect required on the prescribed form also of any person who is in control of the juristic person or is responsible for the management thereof.

The information requested by the Registrar under subregulation (4) must be supplied by the person concerned personally on the form required by the Registrar. When required by the Registrar, an applicant referred to in subregulation (Im)u,st provide [a set of1 such fingerprints of the applicant as the Resistrar may require and an authenticated copy of the identity document of the applicant, if a natural person, or, in the case of a juristic person, of the responsible person and any person who is in control thereof or is responsible for the management thereof.

(7) In deciding whether an applicant qualifies for accreditation under the Act, the Registrar must take into account any relevant factor that reflects on the applicant, if a natural person, or, in the case of a juristic person, of the responsible person and every person who is in control of, or is responsible for the management of the juristic person regarding-

(a) trustworthiness and integrity;

(b) the suitability to perform the relevant functions in terms of the Act;

(c) the capacity to serve the purposes of the accreditation;

(d) the capacity to advance the purposes of the Act as referred to in section 2 of the Act; and

(e) a written report compiled by the relevant Designated Firearms Officer, as well as, any written submissions by the applicant to such report.

(8) In deciding whether an applicant fulfils the criteria referred to in subregulation

(7), the Registrar may also take into account, where applicable-

(a) the infra-structure of the applicant;

(b) any relevant qualifications of the applicant or his or her employees;

(c) the time period of the applicant's existence or functioning;

(d) the main purpose of the applicant, and the applicant's interest and experience in the applicable field for which accreditation is applied for;

(e) the code of conduct or ethical code of the applicant, and any disciplinary code or measures applicable to the members or employees of the applicant;

(f) the constitution of the applicant;

(g) the number of paid-up members and the conditions required tobecome a member of the applicant and maintain or forfeit membership;

(h) any organisational affiliation of applicant;

(i) the intent .of the applicant to fulfil the purpose of the accreditation;

(j) any interest or conflict of interest which may render the applicant unsuitable for accreditation;

(k) the intent of the applicant to promote the purposes of the Act referred to in section 2 of the Act;

(I) the region that the operations or functions of the applicant covers;

(m) any other fact that will in the Registrar's opinion be relevant to ascertain the suitability for accreditation; and

(n) written representations by any other person in support of the application. 

The Registrar may refuse an application for accreditation if, on information a t his or her disposal, it is shown that the applicant does not qualify to be accredited or when the responsible person or any controlling or managing person referred to in subregulation (4)w ould be disqualified to be issued with a competency certificate in terms of section 9(2) (a), (c) to (p) of the Act.

The Registrar must record in the Central Firearms Register referred to in section 125(1) (g) of the Act, the information required in the forms prescribed in Annexure A.

The Registrar may only cancel an accreditation under section 8(3) of the Act if the Registrar has followed the procedure, read with the necessarychanges, to that set out in section 102(2) to (4) of the Act. (121IJ)(a) An applicant who was accredited in terms of the Act, must annually, before the 31st day of December of that year and annually thereafter or such extended period as mav be agreed to in writins by the Registrar, submit to the Registrar a written report in respect of the responsible person and all members involved in the manaaement thereof [any person1 who-

(i) holds a competency certificate, licence, permit, or authorisation issued under the Act; and Nii) is a member of or is employed in the business of the accredited person or juristic person, as the case may be; and (iii)l(ii)had been the subject of disciplinary action involving a contravention or failure to comply with a provision of the Act or any condition specified on a licence issued to the applicant under the Act, or conduct contemplated in section 102(1), section 103(1) or 103(2) of the Act.

(b) The report must list the full names and the identification number of the person concerned, particulars of the competency certificate, licence, permit or authorisation and of the disciplinary transgression and the result of the disciplinary action. [(13)1(12) (a) A juristic person accredited for a purpose contemplated in the Act must notify the Registrar in writing within 30 days if there is a change of any person who is in control of or is responsible for the management of the juristic person.

(b) The Registrar may on receipt of a notification referred to in paragraph (a) request any particulars referred to in subregulation (4) regarding a person who acquires control of or is responsible for the management of the juristic person referred to in paragraph (a).

(c) Nothing in this regulation must be construed as granting to the Registrar any power or authority whatsoever to determine the control or management of such a juristic person by any specific person: However, if the juristic person appoints a person who is in control of or is responsible for the management thereof and such appointment has the effect that the criteria referred to in subregulation (7) are no longer complied with, the Registrar may invoke the procedures prescribed in [regulation 2(11)1 sections 8(3) and 8(4) of the Act.

3 Accreditation of public collector

(1) A person who applies for accreditation as a public collector must, in addition to the relevant information required by requlation 2, submit-

(a) a description of the display mechanisms that will be used to display the firearms;

(b) a description and specifications of the securitv measures pertaining to the storage, transport and safe custody of the firearms to be displayed;

(c) a description of the access control to the public collection where the firearms will be displayed;

(dl a certificate confirming that the public collection is open to the public; and

(el written confirmation that-

(i) no firearm or ammunition will be supplied or transferred to any person who does not hold a temporary authorisation issued under section 21 of the Act, authorising the possession of the firearm, or a permit to possess the ammunition, as the case may be;

(ii) the firearm and ammunition will be displayed or stored under the control of an appointed person authorised thereto in writinq by the public collector;

(iii) the person authorised thereto in writinq by the public collector, will ensure that any physical access to the firearms and ammunition other than those provided for in subparagraph (i) will be under her or his personal control and that all necessary steps will be taken to prevent the loss of the firearm and ammunition; and

(iv) the firearm and ammunition will only be used for the display and/or storage by the public collector, on the reqistered premises of the public collector.

(2) A public collector that applies for accreditation must submit written confirmation that-

(a) it administers the collection of firearms for purposes that include collectins, preserving, studying, interpreting, assembling and exhibitinq to the public for its education and eniovment, objects and specimens of historical, technological, scientific, heritage, educational, cultural, commemorative, investment, rarity, thematic or artistic value;

(b) the collection of firearms is open to the public or is put on demonstration or displays for the public on a reqular basis;

(c) it is a member in good standing of a national organisation whose prime purpose is to promote the collection and preservation offirearms, ammunition and related artefacts, or is a member of an accredited collectors association;

(d) it conforms to provincial and municipal or local government land use and zoning regulations; (el it maintains safetv rules and requlations with regard to the safe storaqe and display of firearms that conform to the prescribed standards; and

(f) the nominated responsible person is emploved by public collector and who will be responsible for the safe keeping of firearms and ammunition in possession of the public collector, is in possession of a competence certificate for possession of the firearms.

(3) The person authorised thereto in writing bv the public collector, must keep an updated record of all firearms and ammunition held in the collection on the registered premises of the public collector.

(4) No deliberate change in the circumstances reqardinq the displayinq or storaqe relevant to the firearms mav take place unless prior approval of the Registrar has been obtained.

4 Accreditation of a museum

(1) A person who applies for accreditation, as a museum must, in addition to the relevant information required by regulation 2, submit-

(a) a description of the display mechanisms that will be used to display the firearms;

(b) acceptable documentary proof that the display will be in a museum that is registered or accredited in terms of any other applicable national or provincial lesislation as a museum;

(c) a description and specifications of the security measures pertaininq to the storage, transport and safe custody of the firearms to be displayed; (dl a description of the access control to the museum where the firearms will be displayed;

(el a certificate confirming that the museum is open to the public; and

(f) written confirmation that-

(i) no firearm or ammunition will be supplied or transferred to any person who does not hold a temporary authorisation issued under section 21 of the Act, authorising the possession of the firearm, or a permit to possess the ammunition, as the case may be;

(ii) the firearm and ammunition will be displayed or stored under the control of the appointed curator of the museum or a person authorised thereto in writing bv the curator;

(iii) the curator of the museum or a person authorised in writing thereto by the curator will ensure that any physical access to the firearms and ammunition other than those provided for in subparagraph (i) will be under her or his personal control and that all necessary steps will be taken to prevent the loss of the firearm and ammunition; and

(iv) the firearm and ammunition will only be used for the display and/or storage by the museum on the registered premises of the museum.

(2) A museum, includinq a private museum, that applies for accreditation must submit written confirmation that it has been rated and accredited by the South African Heritase Resources Agencv in accordance with the applicable legislation.

(3) A museum, including a private museum, that applies for accreditation must submit written confirmation that it-

(a) is administered for purposes that include collectinq, preserving, studyins, interpreting, assemblins and exhibitinq to the public for its education and enjoyment, objects and specimens of historical, technological, scientific, heritaqe, educational, cultural, commemorative, investment, rarity, thematic or artistic value;

(b) is oDen to the public or puts on demonstration or displays for the public on a reqular basis;

(c) has a curator who is a member in good standing of a national or provincial museum association;

(dl conforms to provincial and municipal or local government land use and zoninq regulations;

(el maintains safety rules and resulations with reqard to the safe storage and display of firearms that conform to the prescribed standards; and

(f) has a nominated responsible person who is employed by the museum who is possession of a competence certificate for possession of the firearms, who will be responsible for the safe keeping of firearms and ammunition in possession of the museum.

(4) The curator must keep an updated record of all firearms and ammunition held on the registered premises of the museum.

(5) No deliberate chanqe in the circumstances regarding the displaying or storage relevant to the firearms may take place unless prior approval of the Registrar has been obtained.

1415 Accreditation of hunting association or sports-shooting organisation

(1) A hunting association or sports-shooting organisation that applies foraccreditation must, in addition to the relevant information required by regulation 2, submit proof to the satisfaction of the Registrar that in respect of its registered members it provides in its founding document for a category of dedicated membership that applies for a licence as contemplated in section 16 of the Act;

(i) in the case of a hunting association, that it will [the hunting association1 conducts a relevant training course &s recognised bv the Registrar in respect of dedicated hunters [that complies with the provisions of the South African Qualifications Authority Act, 1995 (Act 58 of 1995) read with the Skills Development Act, 1998 (Act 97 of 1998)l of which itshall be a prerequisite that a member of the hunting association must successfully complete before that member may be registered as a dedicated member and dedicated hunter with the hunting association; or

(ii) in the case of a sports-shooting organisation, that it will [the sports-shooting organization] only register a person as a dedicated member and dedicated sports person with the sports-shooting organisation if such person has successfully completed a relevant training course as recognised bv the Resistrar [that complies with the provisions of the SouthAfrican Qualifications Authority Act, 1995 (Act 58 of 1998) read with the Skills Development Act, 1998 (Act 97 of 199811; it has a dedicated procedure in place to regularly evaluate its dedicated members for their-

(i) bona fides to be or remain a dedicated hunter or sports person, as the case may be; and

(ii) dedicated participation in their applicable hunting or sportsshooting activities, as the case may be; it keeps on record the particulars of the participation by a dedicated member in his or her hunting or sports-shooting activities as a dedicated hunter or dedicated sport person, as the case may be; it will in respect of a registered member only allow dedicated membership to the association or organisation as long as-

(i) the dedicated member is a person in good standing as a dedicated member with the association or organisation, as the case may be; and

(ii) in the case of a hunting association [dedicated hunter1 that it will not allow the registration of lregisterl a person as a dedicated hunter with the association [organization1 while that [registered member1 person conducts [business] theprofession of a professional hunter [in hunting1 on the strength of a dedicated hunters licence that was issued in terms of section 16 of the Act.

(f) documentary proof of membership by the hunting association or sports-shooting organisation of a national or international association or organisation which, to the satisfaction of the Registrar, has the primary bona fide object to promote responsible hunting or sports-shooting as the case may be.

(2) (a) A register contemplated in section 16(4) (a) of the Act must contain the following information-

(i) the full names, identity number and residential address of all persons having applied for dedicated membership;

(ii) the motivation for the application by the person applying for dedicated membership;

(iii) whether dedicated membership was granted or refused and if refused the reason therefore; and

(iv) dedicated membership number and expiry date of membership.

(b) An accredited organisation or association contemplated in section 16(2) of the Act must in addition to regulation 2[(12)1(11) (a) and (b) annually [and before the official year end of the organisation or association, as the case may be1 before the 31st dav of December of that vear and annuallv thereafter or such extended period as mav be agreed to in writinq bv the Resistrar, submit to the Registrar a written report reflecting-

(i) the details of all dedicated members whose registered dedicated membership with such accredited organisation or association terminated; and

(ii) the reasons for the termination of such dedicated membership. 6 Accreditation of professional hunting association

(1) A professional hunting association that applies for accreditation must, in addition to the relevant information required by regulation 2, submit proof to the satisfaction of the Registrar that-

(a) [the professional hunting association conducts a relevant training course in respect of professional hunters that complies with the provisions of the South African Qualifications Authority Act, 1995 (Act 58 of 1995) read with the Skills Development Act, 1998 (Act 97 of 1998) of which1 it shall be a prerequisite that a full member of the professional hunting association must success full^ complete his or her professional hunter's licence in terms of any applicable nature conservation legislation, before that member may be reqistered as a full member and professional hunter with the professional hunting association;

(b) it has a dedicated procedure in place to resularly evaluate its members for their-

(i) bona fides to be or remain a professional hunter; and

(ii) dedicated participation in their professional hunting activities;

(c) it keeps on record the particulars of the participation bv a member in his or her hunting activities as a professional hunter;

(dl it will in respect of a registered member only allow membership to the association as Ions as-

(i) the member is a person in good standins as a professional hunter with the association; and

(ii) documentaw w-oof of membership by the professional hunting association of a national or international association or organisation which, to the satisfaction of the Registrar, has the primary bona fide object to promote responsible professional huntinq.

(2) (a) A register contemplated in section 16A(4) (a) of the Act must contain the followins information-

(i) the full names, identity number and residential address of all persons having applied for membership;

(ii) the motivation for the application by the person applvinq for membership;

(iii) whether membership was wanted or refused and if refused the reason therefore; and

(iv) membership number and expiry date of membership.

(b) An accredited association contemplated in section 16A(2) of the Act must in addition to requlation 2(11) (a) and (b) annually and before the official vear end of the association, submit to the Reqistrar a written report reflectins-

(i) the details of all members whose resistered membership with such accredited association terminated; and

(ii) the reasons for the termination of such membership. [517 Accreditation of collectors association

(1) A collectors association that appliesfor accreditation must, in addition to the relevant information required by regulation 2, submit proof to the satisfaction of the Registrar that the association-

(a) has a dedicated procedure in place to evaluate its members for their bona fides to be a private collector in a particular category in respect of their interest in, and knowledge of, the historical, technological, scientific, heritage, educational, cultural, commemorative, investment, rarity, thematic [andl pr artistic value [or any other aspect as the association may determine appropriate, of a specific theme or field of interest1 and that the relevant documentation pertaining to such evaluation is kept on record by the association;

(b) will only allow membership of a person to the association as long as the person is in good standing with the association;

(c) is a member of a national [or international] or international association or organisation of which the primary bona fide object is to promote the responsible collecting of firearms or ammunition, or both; (dl has provided in its founding document for a dedicated procedure whereby its members are classified in the following categories of collectors:

(i) Category A - being a category whereby the collectors association may approve any class of firearms for collection as contemplated in section 17(1) (a) of the Act and as prescribed in requlation 17;

(ii) Category B - being a category whereby the collectors association may only approve firearms for collection as contemplated in section 17(1) (a) of the Act, which excludes prohibited firearms referred to in section 4(1) of the Act and as prescribed in Regulation 17;

(iii) Category C - being a category whereby the collectors association may only approve firearms for collection as contemplated in section 17(1) (a) of the Act, which excludes prohibited firearms referred to in section 4(1) and restricted firearms referred to in section 14(1) of the A c t ; [ m

(iv) Category E - beinq an entry level category whereby the collectors association may only amrove up to six firearms for collection as contem~latedin section 17(l)(a)o f the Act.which excludes ~rohibitedfi rearms referred to in section 4(1) and restricted firearms referred to in section 14(1) of the Act (el does not in terms of the dedicated procedures required in subparagraphs (a) and (dl, initially declare a private collector in a higher category than category C unless the private collector had been granted approval for restricted or prohibited firearms as part of his or her collection under the previous Act: Provided that a private collector previously granted such approval may be declared in such higher category as may be appropriate in terms of this regulation, being category B where the collector has restricted firearms as part of his or her collection, and category A where the collector has prohibited firearms as a part of his or her collection; and

(f) will subsequentlv only declare a private collector in a higher category strictly in accordance with the dedicated procedure required by subparagraphs (a) and (dl.

(2) (a) An accredited collectors' association contemplated in section 17(2) of the Act must in addition to regulation 2[(12)1(fi) (a) and (b) [annually], before [the official year end of the association1 the 31st dav of December of that vear and annuallv thereafter or such extended period as may be asreed to in writins bv the Registrar, submit to the Registrar a written report reflecting-

(i) the details of all members whose registered membership with such accredited collectors association terminated; and

(ii) the reasons for the termination of such membership. 1618 Accreditation of shooting ranges

(1) An application must be made in accordance with regulation 2 for the accreditation of a shooting range that will be used for the purposes of regulation 1719 and sections 19(5) and 91(2) (b) of the Act.

(2) Practical training and testing regarding the safe and efficient handling of a firearm during which ammunition will be fired, in order to obtain a competency certificate, may only be undertaken on a shooting range that complies with the applicable compulsory specifications set in terms of the Standards Act. 1993 (Act 29 of 1993).

(3) The Registrar may only accredit a shooting range as contemplated in sections 19(5) and 91(2) (b) of the Act and for the purpose of regulation 1719 on proof by the applicant that the shooting range complies with the applicable compulsory specifications set in terms of the Standards Act, 1993 (Act 29 of 1993). [719 Accreditation to provide training in use of firearms

(1) An applicant who applies to be accredited to provide training in the use of firearms for the purposes of section 20(2) (b) of the Act must, in addition to the relevant information required by regulation 2, submit-

(a) a written undertaking that only a relevant training course in respect of testing and training in the use and handling of firearms which complies with the requirement of the South African Qualifications Authority Act, 1995 (Act 58 of 1995) read with the Skills Development Act, 1998 (Act 97 of 1998) will be used to train persons;

(b) a description of the security measures pertaining to the storage, transport and safe custody of the firearms to be used in the training;

(c) a written undertaking that any practical training or testing which will involve the actual firing of a firearm will only be conducted at an accredited shooting range; and (dl documentary proof that the applicant is registered in terms of the South African Qualifications Authority Act, 1995 (Act 58 of 1995) read with the Skills Development Act, 1998 (Act 97 of 1998) with Poslec-Seta as a service provider to provide the training contemplated in section 9(2)(q) and (r) and (s) of the Act.

(2) A person accredited in terms of subregulation (1) must keep a register wherein the following particulars must be recorded in respect of every person successfully trained by such accredited person-

(a) the identity number and full names of the person trained;

(b) the date and place of the training;

(c) the type of prescribed training;

(dl in respect of practical training and testing, the type of firearm namely a handgun, rifle or shotgun including the action of the firearm for which training and testing was provided and the test results; and (el a certificate undersigned by both the trainer and the person concerned confirming the particulars in subregulation 2 (a) to (dl.

(3) The register contemplated in subregulation (2) must be available at the place of business of the accredited person and must be retained for a period of six years. 18110 Accreditation to provide firearms for use in theatrical, film or television productions

An applicant who applies for accreditation to provide firearms for use in theatrical, film or television productions must, in addition to the relevant information required by regulation 2, submit-

(a) a certificate confirming that any modification of firearms licensed to the applicant will only be performed by a gunsmith;

(b) proof to the satisfaction of the Registrar that the applicant is actually involved in the business of providing firearms for theatrical, film or television productions; and

(c) a comprehensive report comprising the following information-

(i) a description of the safe custody facilities and safety control procedures regarding the safeguarding of firearms to be utilised by the applicant;

(ii) details regarding the records that will be used to control the firearms;

(iii) the initials, surname, identity number and two proof signatures of the person who will be responsible for the control, safe custody and issuing of firearms;

(iv) confirmation, if it is required that the persons to whom firearms are issued will have to use live ammunition with the firearm, that such person will have received basic training in the safe use of the firearm, prior to the firearm being used by such person;

(v) the details of the type of firearms and the quantity of ammunition the applicant intends acquiring;

(vi) details of the place where records in respect of the issuing of ever\/ firearm will be kept for inspection by a police official; and

(vii) a motivation regarding the need for the applicant to possess the firearms.

19111 Accreditation of game rancher A person who applies for accreditation as a game rancher, as contemplated in section 20(2) (d) of the Act, must, in addition to the relevant information required by regulation 2, submitproof oflegal ownership of a game farm or, other sole legal occupation or access for the purpose of game farming to a game farm, on which game farming is being conducted and which game farm serves as the game farm to which the accreditation will apply; actual personal involvement in the game farming activities conducted on the applicable game farm;b registration in terms of applicable provincial nature conservation legislation that the game farm on which the game farming is being conducted is either exempted from the provisions relating to hunting in that province or that the game farm is sufficiently fenced in for the purpose of hunting as provided for in the provincial nature conservation legislation applicable to the farm, as the case may be; and the actual need to be accredited as a game rancher. a description of the security measures regarding the safe handling, storage and transport of firearms to be used in conducting such business; and proof of membership of a game farmers' association or organisation which, to the satisfaction of the Registrar has the primary bona fide object to promote responsible game farming.

1101a Accreditation to conduct business in hunting An applicant who applies to be accredited to conduct business in hunting must, in addition to the relevant information required by regulation2, submit-

(a) a certified copy of his or her [professional hunting or1 hunting outfitters licence or permit issued by a relevant provincial nature conservation authority of the province in which he or she will conduct the business;

(b) a description of the security measures pertaining to the safe handling, storage and transport of the firearms to be used in conducting such business;

(c) documentary proof to the satisfaction of the Registrar, of actual personal involvement in conducting a business in hunting as a[n acknowledged professional hunter or1 hunting outfitter[, as the case may bel; and

(d) documentary proof of membership of a national association or organisation which, to the satisfaction of the Registrar, has the primary bona fide object to promote responsible hunting.

[I1113 Accreditation for other business purposes as determined by the Registrar

(1 An applicant who applies to be accredited to use firearms for a business purpose determined by the Registrar as intended in section 20(2) (f) of the Act must, in addition to the relevant information required by regulation 2 submit-

(a) detailed particulars in respect of the scope of the business;

(b) full motivation for the use of firearms;

(c) a detailed description of the firearms that will be used, as well as, a detailed motivation for the use of those firearms;

(d) a description of the security measures pertaining to the safe handling, transport and storage of the firearms to be used in conducting such business; (el the total number of persons who will be issued with firearms; and

(f) a description of the premises from where the business will be conducted.

(2) If the application for accreditation concerns an applicant using his or her own employees to protect or safeguard merely his or her own property or other interests, or persons or property on his or her premises or under his or her control, the applicant must, in addition to the requirements set out in subregulation (1 1, submit a detailed description of the scope of what business and interests are to be protected. [I2114 Accreditation as an Official Institution

A government institution as contemplated in section 95 (a) (vi) of the Act that applies for accreditation must, in addition to the relevant information required by regulation 2, submit-

(1) official documentary proof that the applicant is a government institution; and

(2) a comprehensive report signed by the head of the government institution comprising the following informationthe purpose for which the firearms are needed; a description of the safe custody facilities and safety control procedures regarding the safeguarding of firearms to be utilised by the applicant; details regarding the records that will be used to control the firearms; the initials, surname, identity number and two proof signatures of a designated person who will be the responsible person for the control, safe custody and issuing of the firearms in the possession of the government institution; confirmation that persons to whom firearms are issued will have at least two shooting practices per year with the relevant firearms; the details of the type of firearms and the quantity of ammunition the government institution intends maintaining; details of the place where records in respect of the issuing of everyfirearm will be kept for inspection by a police official;

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