One of the most frequently asked questions on firearm groups, if not the most frequently asked, is something like “if I have an expired white licence, and an old green card / ID book licence, am I still alright?”
I have written two articles about this problem. One pertaining to the validity of the green licences themselves. And one confirming that yes, you can actually reprint these licences.
The short answer to the above question – yes. Your old green card or ID book licence is still 100% valid. Regardless of whether or not you applied for (or received) a new FCA white card licence for the same firearm.
Allow me a moment to briefly explain why.
In Judge Bill Prinsloo’s 2009 court order he states “all firearm licences contemplated in sub-item 1 of item 1 of schedule of the firearms control Act, Act 6 of 2000 shall be deemed lawful and valid pending final adjudication of the main application.” (I have taken the liberty to attach the full 27-page judgement below in PDF format)
The NHSA solicited independent legal opinion on the Prinsloo judgement from Adv. H van Eeden SC back in 2016. He came to the conclusion that all so-called “green card” licences are indeed valid regardless of whether or not the holder applied for a new white licence card. (I have also attached the NHSA legal opinion in PDF format below)
I recommend you read the entire thing for yourself.
The Gun Owners of SA (GOSA) legal team agrees with this interpretation. They do, however, want to add an additional paragraph of information:
It may be argued that the green license “lapsed” upon the white license being issued, and that it is therefore no longer in existence. Deeming language in which the order is couched, such an argument would be wrong, amongst others because the order does not say that all green licenses remain valid and in existence. It says “deemed” to be valid. So even if it has technically “lapsed” (which is not the case), the deeming provision in the order takes care of that problem.
It must be emphasised that the National Commissioner of Police told Parliament that all old firearm licences (from the previous Act) are considered valid. Hence, despite the confusion and chronic inability of the SAPS to coordinate internal communication, the police do not oppose this interpretation. Not that it would make any difference: the SAPS are law enforcers, not law creators.
I hope this (finally) puts to bed a virally-recurring question which shares more than one characteristic with herpes simplex.
Written by Gideon Joubert
Gideon is owner and editor of Paratus
Ockert van den Berg
•6 years ago
I just want to know , what was the outcome on the court case regarding the firearm license that was held on the 25 July 2018. I will appreciate the feedback on this matter.
Thank you.
Richard Hagan
•6 years ago
Hi Ockert. This case was widely reported on, on the GOSA Facebook page. If you go and join up to that page (and even better, also purchase a GOSA membership at http://www.gosaonline.co.za) then you’ll be able to view all the documentation and all the write ups. In summary, the court ruled in GOSA’s favour in terms of the interim interdict. The court prohibited SAPS from confiscating firearms with expired licenses, as well as ordering SAPS to restore their computer system’s ability to accept renewal applications of expired licenses. If you want more details, you can find plenty of reading on the GOSA Facebook page.
ferdi
•6 years ago
My wallet with my Green license was stolen a few weeks ago, can i reprint the green license?
i took the necessary filled form(sap 273) to SAPS and they refused to reprint me a new license, what legal rights do i have for them to give me a new license?
regards,
Riedwaan
•6 years ago
I want to bring to gosa’s attention that most greencard holders were told by saps at various police stations to give in there greencards when the new new white licence law came to effect,the problem now is that if saps knew it was onli a bylaw and knew that greencard licences didnt need to apply pending the outcome of firearm laws why did they enforce the new firearm law apon greencardholders knowing its valid for life and running the proccess without having the proper knowlage to aducate before implementing a law wich has cause alota inconvenience in protecting our families
Magda York
•4 years ago
What if they wrote Canceled over your license in your Green ID book.
Erich Niemand
•4 years ago
Must we hand in FA if we have green card licence or not.
Andries van der walt
•4 years ago
There’s a new thing that every body with green licences have to apply for new white licences. They say we got till ons of Jan 2021. Is that true or not?
Needs to no
Thanks