Gun Law Deprives SA Citizens Of Basic Rights
July 02, 2004 Edition 1
The report "Gun chaos goes on" (The Mercury, June 29) refers. My thanks to you and Estelle Ellis for the latest in a series of articles exposing the new stringent Firearms Control Act for what it is: a complicated solution to a
non-existent problem that will cause me to break the law overnight.
There is no requirement for stricter control of firearm owners when it is known that all licensed firearm owners are involved with less than 0.05% of crime. At best, anything done to firearm owners will insignificantly reduce crime.
The government is willing to spend R2.18 billion of taxpayers' money on obtaining an accurate list of firearm owners.
Perhaps a simple verification procedure of the required particulars from the licence holder and proof of competency in the case of a new applicant or person who does not regularly use a firearm is all that is required.
Personally, the new Act will have the following implications for me:
Yesterday morning I would have broken the law in terms of the new Firearms Control Act and if convicted I face up to a maximum of 10 years in prison for being in possession of more than 200 cartridges (Section 91) and 2 400 primers (Section 93), which were legally in my possession the night before.
I hope that, as stated by the SAPS official, I will not be arrested for exceeding these limits. However, the Act has no transitory provision for me not to be charged and found guilty of contravening the Act. I have no faith in the SAPS not prosecuting me or charging me if they so wished. I have been told by members of the SAPS: "Don't worry about it."
On June 29 the Designated Firearms Office in Pinetown still did not have the relevant forms or the required computer system in place to allow me to apply for the necessary authorisation (in terms of Section 74) to exceed the cartridge and primer limits on 1 July.
The SAPS website has a few forms but none for applications to possess more than 200 cartridges. I have spoken telephonically to and sent faxes to the Central Firearms Register in Pretoria requesting assistance. To date not even an acknowledgement of my faxed letters has been received.
I am an active practical pistol shooter and take part in a number of competitions, practice, club and league shoots per month. I have never been negligent with, lost or had a firearm stolen. Neither have I ever been arrested, charged or have a criminal record.
I will have to relicence my firearms next year and justify their need and prove my competency despite the fact that the sport in which I participate has an exemplary safety record and detailed rules governing its competitions both internationally and locally.
I will be one of more than two million gun owners who will have to take such competency tests, practical or theory over the next five years as a requirement of the law. The SAPS website lists only one accredited training institution for KZN based in Pietermaritzburg.
Being the owner of a small business, I will have to close or employ someone for the couple of days it takes to complete the competency course, be assessed and finally apply to the SAPS for a certificate.
As the owner of four pistols I will have to motivate the necessity of each firearm with no guarantee that I will be allowed dedicated sports status for them when my licences are up for renewal. At a scrap metal dealer I will get 19 cents per kilogram, therefore my firearms collectively valued at over R20 000 will in effect be worth less than R1 each for each licence not granted as there is no market for second-hand firearms.
At best the new Act is a violation of the rights of the SA people. It is a deliberate and tyrannical attempt by government to deprive SA citizens basic rights such as the right to property and the right to self-defence. The government has deliberately tried to focus on legal, law-abiding members of our society instead of concentrating on crime.
Malcolm
Durban
