The North Gauteng High Court today ruled in favour of the Applicant (SA Hunters) regarding the expired firearm licence case.
The court’s order is as follows:
- Sections 24 and 28 of the Firearms Control Act of 2000 are declared unconstitutional.
- Parliament is given 18 months in order to amend the Act and bring it in line with the Constitution.
- All firearm licences issued in terms of the FCA of 2000 which were or are due for renewal are to remain valid.
The implications of the order are potentially far-reaching, and will only become obvious with time.
For the next 18 months, or until Parliament succeeds at rectifying the renewal provisions in the Act, it will not be possible nor necessary for anyone to renew a firearms licence.
The judgement (provided below) makes for interesting reading in itself. It is marked as reportable and of interest to other judges, and there is a recurring theme that “the papers attest to a narrative of a chaotic and dysfunctional system of licencing and administration of firearms” which runs throughout the entire judgement. Key indicators of judicial displeasure are words used by Judge Tolmay, for example using “insurmountable” to describe the problems attendant to the administration of the Act.
This is a significant victory for the entire firearm-owning community in South Africa, and it is strangely apt that it should occur on the 4th of July. This event is a significant step forward in our collective struggle against unworkable, arbitrary, inefficient, and unreasonable regulation.
We would like to congratulate the principles of the various cases (SA Hunters, Fidelity Security Services, and SAADA), their supporting organisations (SAGA in the case of SAHGCA, and GOSA in the case of SAADA), and their legal counsel.
Those of you who have handed firearms in to the SAPS because your licences have expired would do well to go and retrieve your lawful property as soon as possible.
We expect the South African Police Service to adhere to the order and obey the law, as is expected from the upholders of law and order in the Republic.
This outcome presents unique opportunities to us all to influence the future of gun ownership in South Africa. If you have not already become involved in the fight for your rights, the time is now.
Gideon Joubert / Gun Owners of South Africa
Kitch Kitching
•8 years ago
Just today 4th July 2017 received my hand gun licence for which I applied a year ago at Boksburg North Police Station. I was not notified but as I was there on other business inquired pertaining the licence and it was there.
Desi Moodley
•8 years ago
AWESOME NEWS THANK YOU SO MUCH. ITS ABOUT TIME THOSE IDIOTS WERE MADE TO EAT HUMBLE PIE
Nelson
•8 years ago
Awesome
Fernando
•8 years ago
Great news.
bongani Ntuli
•8 years ago
Am very happy mine was expired on march 3-2017
Kevjin Peter Cupido
•8 years ago
Thanku Gun Owners of S.A.
THIS IS A REAL victory for ALL GUN OWNERS.
Brittius
•8 years ago
Reblogged this on .
GS | Expired Firearm Licences Are Now Valid | Brittius
•8 years ago
[…] Source: Expired Firearm Licences Are Now Valid […]
Kwena Manamela
•8 years ago
What a victory,thank you Gun Owners of SA.
Anil Rambaran
•8 years ago
My Firearm licence expired in March 2012.
What can I do in order not to loose my gun.
Can you please assist me.
James Diederichs
•8 years ago
Anil read the artical carefully all gun licences are now valid in SA. Especially if like myself you followed law requirement s back then and went on the card sysetem.. JD
mervin
•8 years ago
please help,I lost my old green card gun license,how do i apply for a replacement,
Ashley Newton
•8 years ago
Yes, I have the same problem. I lost my old green card gun license. How do I go about getting a replacement?
Dennis Edgar
•8 years ago
That is very good news
Vish Roopnarain
•8 years ago
Very well done GOSA.
Joey Graham
•8 years ago
Very good news. Thank you all involved.
Petri Scholtz
•8 years ago
Good morning.
May I ask you a question regarding application to possess a firearm?
Kind regards
Petri Scholtz
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gunservant85
•8 years ago
Of course, you can send me an email at gunservant AT gmail DOT com
Petri
•8 years ago
Hi. I sent a mail. Just want to verify you got it
gunservant85
•8 years ago
Did you just send it now? I have responded to 2 queries, but I am not sure if one was yours.
Mzuvukile Mayekiso
•8 years ago
Viva GOSA Viva. Long live GOSA long live
Sam
•8 years ago
May my husband contact you regarding conflicting information he has received from the police starion due to his license been stolen
gunservant85
•8 years ago
Of course
Thabani Ngwabe
•8 years ago
Thabani Ngwabe.job we’ll done guys.mine expired June last year.
Thabani Ngwabe
•8 years ago
Job we’ll done guys.mine expired June last year.My illegal firearm is now legal.
Klaas
•8 years ago
What about the old break license from 2003? Is it valid too?
Klaas
•8 years ago
I mean the old green card?
Klaas
•8 years ago
What must I do because I still using the old license. I failed to renew it because of my financial crisis.
The ANC is Armed – gunservant.com
•8 years ago
[…] Expired Firearm Licences Are Now Valid […]
Petri
•8 years ago
I sent one yesterday and the same one now again. To gunservant@gmail.com
Leon Hechter
•8 years ago
Hi All
Thanks for the feedback. It is ideed a good win.
What would the effect be on the competency of the weapon? Does this have to be renewed?
Regards
Leon
Paulo
•8 years ago
Can I now buy amnnation with an expired licence
ashraf gaidien
•8 years ago
thank you to all that was involved
much appreciated
salie
•8 years ago
Gud win thanks
Wasfie
•8 years ago
Thanks for the update guys,
I have been armed robbed in 2011 and subsequently lost my license (white card)
. When I completed forms for a replacement card it was said that my license expired and would need to reapply. I have done so and after numerous follow ups with Saps, only received a sms to advise me that my license has not been issued. They have issued my competency though. Will appreciate some guidance to resolved this issue as I am still in possession of my firearm.
Wasfie
•8 years ago
Thanks
The SAPS Seeks To Deprive Gun Owners of Property Without Compensation – gunservant.com
•8 years ago
[…] has come to my attention that the SAPS has lodged an appeal against the judgement handed down by Judge Tolmay last week. The appeal document contains a paragraph that has made my […]
Anesh
•8 years ago
Please clarify the following:-
I read a summary of the Judgement and have 2 concerns – 1. The constitutional court still has to confirm the decision that sections 24 and 28 unconstitutional and that parliament must amend the act. 2. The SAPS have appealed the matter. Are we still allowed to carry and use or firearm pending the outcome of the above.
Your input is greatly appreciated.
Rakesh Mooni
•7 years ago
Hi I went renew my license that expired and was told by the SAPS they cannot pending the appeal. Comments this please
sibongile
•7 years ago
hi
My Father got arrested yesterday and he does have a licence but it expired and they told him to pay R20 000 to be free is this how the law operates? please help
gunservant85
•7 years ago
No, that is an unlawful arrest. The interim court order says that all expired licences are valid until the matter is finalised next year.
Silas Machimana
•7 years ago
Hi.
I lost my green firearm license last week and I never applied for the new firearm license because I could not beat the deadline. Since the introduction of the new license, my firearm has always been in the safe. My question is, now that there is a court ruling in favour of GOSA in respect of expires licenses, are people like me who lost their old green licenses eligible to apply for replacement licenses whether they come as old green or new licenses? I really don’t want to surrender my firearm. Please advise.
Ashley Titus
•7 years ago
Hi guys
I hope ur guys can help or give advice what to do about my expired gun license. My license expired in April 2017 and saps is unwilling to help me to assist with the application. According to saps I am in possession of an illegal firearm and must hand it in for disposal.
Upon asking for the renewal of my license the police informed me that they don’t renew expired licenses and that I must watch the media or check online for news about expired license.
I was furthermore told that I will be arrested should they catch me with the firearm on me.
My question is:
Am I still able to carry for firearm with my expired license. How do we as gun owners know when the court date is and what the outcome is.
Currently I am unable to purchase any ammunition at any firearm shops is Cape Town.
gunservant85
•7 years ago
Hi Ashley. Do you have a green card licence for your firearm? Also, have a look on this Facebook group for more info about expired licences: https://www.facebook.com/groups/gunownerssa/
Cecil Hodi
•7 years ago
Regardless of the court ruling on expired gun licence that are now valid until the ruling is overturned by the High Court or what so ever due to the SAPS’ appeal against the matter. Gun shops fail to sell me ammunition with my green card licence. But they are able to say I can carry my firearm with a green licence card even though I had a white card that was expired, because I had confused it with my other firearm competencies at work.
To me after the Court ruling that says ALL the Expired Gun Licences are now valid until the next Court ruling 2018. As long as we are not able to buy the ammunition with those kind of licences: the one inside an ID Book, Green Card and the White Card that has an expiry date on it. That means the SAPS did not adhere to the Judge’s ruling and His Judgement means nothing. As well as the SAPS’ Appeal becomes invalid because they ignored the Court Ruling by ordering the Gun shops not to sell ammunition to those who has Green Cards licence but had applied for White Cards that were not renewed.
I wish GOSSA or Community representatives can rays this point on the next Court as to what we have been facing all along as community. SAPS’ Appeal should be overturned due to their actions. Their Appeal becomes pointless because they have taken their own decision to punish the community. eg I have just read a scenario where an individual was arrested for an expired gun licence soon after the Judge’s Ruling and he was ordered to pay R20000 to be realised, was this a fine or bail or tjotjo? This shows they take the law in to their own hands. Thefore they need to tell us that their Decision is finally and stop appealing the case. This is very worrying.
Phil Oberem
•7 years ago
This is good news. I missed my re-licensing date by a couple of months. When I went to the Police Station they told me that it was not possible under the circumstances to renew it but if i like I may apply for a new license. The question however is whether one may now at this stage apply for a license renewal, or does one have to wait for a further directive concerning this? I am quite happy to re license immediately if need be.
Solly Latchanna
•7 years ago
My licence is in my I.d book paid 50.00 is it still valid
gunservant85
•7 years ago
It is valid.
Hamraj Devnarain
•7 years ago
Good day to you.I had gone to my local SAPS to renew my gun licence. My application forms and competency certificate was supplied to the Firearms Officer. My application was completed and sent to the Firearms Registry. The DFO then received an email from the Firearms Registry which stated that my firearm was voluntararily surrendered at Hammanskraal for destruction.This is absurd as I live in KZN and have never been out of the province to do so.On the instruction of the DFO,I went to a gunsmith to confirm that my firearm has its original stampings on it and is in no way been tampered with.What is my recourse going forwards in getting my licence as a year has gone by without any further communication from the Firearms Registry?Their bureaucratic bungling is prejudicing me from carrying my legal firearm.
BH Fourie
•6 years ago
To whom it may concern,
Please assist, I have an expired gun license and is currently awaiting the court case and the outcome thereof.
I am still in possession of my white expired card license, would I be able to procure ammunition with the card?
Thanking you in anticipation.
Kind regards
Bennie Fourie