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

Regulations

Firearms Control Fees Amendment Regulations, 2020

Chapter 4 : Licence to possess a firearm

19. Prohibited firearms and devices and restricted firearms that may be licensed in a public collection

 

The following prohibited firearms and devices may be licensed under section 19 of the Act—

(a) prohibited firearms and devices and restricted firearms that may be possessed in terms of the relevant provisions of the transitional provisions in Schedule 1 of the Act; and

[Regulation 19(a) substituted by section 13(b) of the Firearms Control Regulations, 2012, dated 1 March 2012]

(b) a prohibited firearm or device or restricted firearm that does not fall under paragraph (a), when that firearm or device has a clearly definable intrinsic and remarkable heritage significance acknowledged by the South African Heritage Resources Agency in accordance with the National Heritage Resources Act, 1999 (Act No. 25 of 1999); and

[Regulation 19(b) amended by section 13(b) of the Firearms Control Regulations, 2012, dated 1 March 2012]

(c) a prohibited firearm or device or restricted firearm contemplated in section 4 of the Act, that does not fall under paragraph (a) or (b) is collectable in view of the age thereof, which must not be less than 50 years old calculated from the date of its manufacture, together with at least one attribute of collectability regarding its historical, technological, scientific, heritage, educational, cultural, commemorative, investment, rarity, thematic or artistic value or any other aspect as may be deemed appropriate: Provided that if the firearm or device does not readily conform to the set combination of age and attribute of collectability, one or more of the following further considerations may apply—
(i) that its production has been discontinued for at least 10 years with the real likelihood of it becoming of collectable interest from a historic, technological, scientific, heritage, educational, cultural, commemorative, investment, rarity, thematic or artistic perspective;

[Regulation 19(c)(i) substituted by section 13(d) of the Firearms Control Regulations, 2012, dated 1 March 2012]

(ii) that it is part of a commemorative issuance or limited edition;
(iii) that it will fit in as part of a demonstrable theme of future value, where a real likelihood of such future value can be sufficiently demonstrated or motivated;
(iv) its proven or generally accepted association with famous or infamous people or events;
(v) its current national or international scarcity or rarity based on an acceptable reason;
(vi) its unusual or unique design, materials or method of manufacture of historic interest;
(vii) custom or one-off building by a well known gun maker or gunsmith, with significant value;
(viii) that it is a prototype or part of a limited production run;
(ix) that it is a replica of a well known historical firearm; or
(x) that it is an investment grade firearm or device of significant value.

[Regulation 19(c) amended by section 13(c) of the Firearms Control Regulations, 2012, dated 1 March 2012]

 

[Regulation 19 substituted by section 13(a) of the Firearms Control Regulations, 2012, dated 1 March 2012]