SAPS have released a directive for expired firearm licence holders – a monumental change in the bartering that the community has been through for years.
Let’s take a look at practical considerations for persons with expired firearm licences still in possession of the firearms which licences have expired.
The directive is clear in stating that:
- Persons may apply for NEW licences for their expired licence firearms ;
- Such firearms do not have to be surrendered to SAPS as with the recent Amnesties of 2020 and 2021.
Practically :
- Before applying for licences for such expired licence firearms – expired licence firearm holders MUST renew their SAPS competencies (unless they have valid competencies for the particular category of licence which has expired ie handgun, rifle, shotgun and / or Self-loading Carbine);
- Upon receiving a renewed SAPS competency – Applicants must approach their DFO’s with:
- a complete application bundle for a new firearm licence (SAPS271 Form, Motivation and supporting documents); and
- the firearm which is the subject of the application (with its expired licence) for “verification” purposes.
- DFO’s will then issue a “Certificate of Verification” upon having inspected the firearm which is the subject of the new application and have been instructed to process and capture the new applications as in the ordinary course of licensing ;
- Throughout the duration of the licence application(s), such expired licence firearm(s) must be stored in the safekeeping facilities of the expired firearm licence holders until a new licence is conferred upon them by CFR (in line with Regulation 86 of the Firearms Control Act Regulations of 2004).
We further recommend that the “Verification Certificate” and proof of payment (receipt) issued by SAPS upon application is stored in the safe with the firearm that it relates to.
Further, we strongly recommend making the firearm safe before it is presented to DFOs for verification (unloaded upon presentation).
It is important to note that these firearms may not be used, transported or alienated (sold) during the storage period (whilst waiting for a licence to be issued in respect of the expired licence firearm).
The permit issued with the verification certificate is essentially a modified storage permit specifically referencing Regulation 86, so basically the same as a SAPS 539 Storage Permit.
Estate firearms which licences expired prior to the passing of the deceased may now be applied for in the ordinary course and must be stored in line with Executor provisions as per the Act. It is recommended that the Executor accompanies the Applicant to the DFO for “verification” purposes and to return the firearm to safekeeping after the application has been lodged (questions of lawful possession playing a role here).
Licences that expired after the passing of the deceased remain subject to normal Estate Firearms procedure.
