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Firearms Control Act, 2000 (Act No. 60 of 2000)

Chapter 1 : Introductory Provisions

1. Definitions

 

In this Act, unless the context indicates otherwise:

 

"Accredit"

means accredit as contemplated in section 8;

 

"airgun"

means any device manufactured to discharge a bullet or any other projectile—

(a) of a calibre of less than 5.6mm (.22 calibre); or
(b) at a mazzle energy of less than 8 joules (6ft-lbs),

by means of compressed gas and not by means of burning propellant;

 

"Ammunition"

means a primer or  cartridge;

[Definition substituted by section 1(a) of Act No. 28 of 2006]

 

"antique firearm"

[Definition deleted by section 1(b) of Act No. 28 of 2006]

 

"Appeal Board"

means the Appeal Board established by section 128;

 

"authorised person"

[Definition repealed by section 8 of the Criminal Law (Forensic Procedures) Amendment Act, 2013 (Act No. 37 of 2013)]

 

"body-prints"

[Definition repealed by section 8 of the Criminal Law (Forensic Procedures) Amendment Act, 2013 (Act No. 37 of 2013)]

 

"calibre"

for the purposes of section 18(2)(b) and 19(3), means a cartridge as described by dimensions and make, mark, model or type;

[Definition inserted by section 1(c) of Act No. 28 of 2006]

 

"cartridge"

means a complete object consisting of a cartridge case, primer (whether rimfire or otherwise), propellant and a bullet or shot, as the case may be;

[Definition substituted by section 1(d) of Act No. 28 of 2006]

 

"child"

[Definition repealed by section 8 of the Criminal Law (Forensic Procedures) Amendment Act, 2013 (Act No. 37 of 2013)]

 

"comparative search"

[Definition repealed by section 8 of the Criminal Law (Forensic Procedures) Amendment Act, 2013 (Act No. 37 of 2013)]

 

"competency certificate"

means a competency certificate contemplated in Chapter 5;

 

"dealer"

means any person who is licensed in terms of this Act to trade in firearms and ammunition;

 

"dedicated hunter"

means a person who actively participates in hunting activities and who is a member of an accredited hunting association;

 

"dedicated sports person"

means a person who actively participates in sports-shooting and who is a member of an accredited sports-shooting organisation;

 

"Designated Firearms Officer"

means a police official contemplated in section 124(2)(h);

 

"dispossession"

for the purposes of section 118, means selling, supplying or in any other manner giving possession in contravention of section 120(10)(a);

[Definition inserted by section 1(e) of Act No. 28 of 2006]

 

"firearm"

means any—

(a) device manufactured or designed to propel a bullet or projectile through a barrel or cylinder by means of burning propellant, at a muzzle energy exceeding 8 joules (6 ft-lbs);
(b) device manufactured or designed to discharge rim-fire, centre-fire or pin-fire ammunition;
(c) device which is not at the time capable of discharging any bullet or projectile, but which can be readily altered to be a firearm within the meaning of paragraph (a) or (b);
(d) device manufactured to discharge a bullet or any other projectile of a calibre of 5.6mm (.22 calibre) or higher at a muzzle energy of more than 8 joules (6 ft-lbs), by means of compressed gas and not by means of burning propellant; or
(e) barrel, frame or receiver of a device referred to in paragraphs (a), (b), (c) or (d),

but does not include a muzzle loading firearm or any device contemplated in section 5;

[Definition substituted by section 1(f) of Act No. 28 of 2006]

 

"fit and proper person"

means a person who complies with the requirements of section 9(2) and any regulations relevant to the competency of a person to possess a firearm in terms of this act;

[Definition inserted by section 1(g) of Act No. 28 of 2006]

 

"fully automatic"

means capable of discharging more than one shot with a single depression of the trigger;

 

"gunsmith"

means any person who performs work contemplated in section 59, but who does not manufacture firearms;

 

"handgun"

means a pistol or revolver which can be held in and discharged with one hand;

 

"imitation firearm"

means anything that has the appearance of a firearm but is not capable of operating as such and cannot by superficial examination be identified as an imitation;

 

"juristic person"

includes a trust;

[Definition substituted by section 1(h) of Act No. 28 of 2006]

 

"load"

includes reload, and "loading" has a corresponding meaning;

 

"Minister"

means the Minister of Safety and Security;

 

"muzzle loading firearm"

means a barreled device that can fire only a single shot, per barrel, and requires after each shot fired the individual reloading through the muzzle end of the barrel with separate components consisting of a—

(i) measured charge of black powder or equivalent propellant;
(ii) wad; and
(iii) lead bullet, sabot or shot functioning as a projectile, and ignited with a flint, match, wheel or percussion cap;

[Definition inserted by section 1(i) of Act No. 28 of 2006]

 

"National Commissioner"

means the National Commissioner of the South African Police Service, appointed in terms of section 207(1) of the Constitution;

 

"occasional hunter"

means any person who, from time to time, participates in hunting activities;

[Definition substituted by section 1(j) of Act No. 28 of 2006]

 

"occasional sports person"

means any person who, from time to time, participates in sports-shooting;

[Definition substituted by section 1(k) of Act No. 28 of 2006]

 

"police official"

means—

(a) a member of the South African Police Service as defined in section 1 of the South African Police Service Act, 1995 (Act No. 68 of 1995), and a member of any municipal police service established in terms of that Act;
(b) a person designated by the Minister as a police official under section 142; and
(c) a member of the South African National Defence Force deployed in co-operation with the South African Police Service;

 

"prescribed"

means prescribed by regulation;

 

"previous Act"

means the Arms and Ammunition Act, 1969 (Act No. 75 of 1969);

 

"private collector"

means a person who collects firearms or ammunition, who is a member of an accredited collector’s association and who is not a public collector;

 

"professional hunter"

means any person who supervises, escorts, offers to, or agrees to supervise or escort a client, for reward in connection with the hunting of a wild or exotic animal and who is authorised to do so in terms of any applicable provincial law;

[Definition inserted by section 1(l) of Act No. 28 of 2006]

 

"public collector"

means a person who collects firearms or ammunition for display to the public and is accredited as such;

 

"Registrar"

means the person referred to in section 123;

 

"regulation"

means a regulation made under section 145;

 

"restricted firearm"

means any firearm contemplated in section 14(1);

 

"Secretary for Safety and Security"

means the Secretary for Safety and Security appointed under section 2(2) of the South African Police Service Act, 1995 (Act No. 68 of 1995)

[Definition inserted by section 1(m) of Act No. 28 of 2006]

 

"security company"

[Definition deleted by the Firearms Control Amendment Act, 2003 (No. 43 of 2003)]

 

"security officer"

means a security officer as defined in section 1 of the Private Security Industry Regulation Act, 2001 (Act No. 56 of 2001);

 

"security service provider"

means a security service provider as defined in section 1 of the Private Security Industry Regulation Act, 2001 (Act No. 56 of 2001);

 

"semi-automatic"

means self-loading but not capable of discharging more than one shot with a single depression of the trigger;

 

"this Act"

includes any regulation;

 

"transfer"

includes selling, letting, donating, lending or otherwise parting with possession.