South African Institute for Drug Free Sport Act, 1997
R 385
Firearms Control Act, 2000 (Act No. 60 of 2000)RegulationsFirearms Control Fees Amendment Regulations, 2020Chapter 4 : Licence to possess a firearm21. Conditions regarding the providing of a firearm for use by another person in respect of a licence to possess a firearm for business purposes |
| (1) | The holder of a licence to possess a firearm for business purposes, may only provide the firearm for use by another person if such other person— |
| (a) | possesses the firearm for the business purpose specified on the licence; |
| (b) | has in his or her possession a valid official identity document or passport by means of which he or she may be identified and which contains at least his or her full names, identity number and a photograph; |
| (c) | is in possession of a written authorisation, issued under signature of the holder of the licence, or person authorised thereto in writing by the holder of the licence which contains the— |
| (i) | full names and identity number or passport number of the person to whom the firearm is provided for use; |
| (ii) | name and address of the holder of the licence, the licence number and date of issue of the licence as reflected on the licence applicable to the firearm; |
| (iii) | type, calibre, make, model and all marked serial numbers or other identification marks on the firearm; |
| (iv) | intended business purpose for which the firearm will be issued; and |
| (v) | period, reason and place for which possession is granted: Provided that the period stipulated may not exceed a continuous period of 72 hours or a succession of such periods or, in the case of a licence issued in terms of section 20(2)(d) or (e) of the Act, for a period not exceeding the duration of a specific hunting trip for which the person is contracted as a client, employee or subcontractor of the business; |
| (d) | in cases other than a security service provider or person accredited as contemplated in regulation 11(2)— |
| (i) | where a firearm is not provided to the same person on a regular basis, and where the firearm will be used to fire ammunition, that the person, if not the holder of a competency certificate, has the necessary knowledge of the safe and efficient handling of the firearm; or |
| (ii) | where a firearm is provided to the same person on a regular basis, and where the firearm may be used to fire ammunition, that the person, if not the holder of a competency certificate, has successfully completed the prescribed test and training in the safe and efficient handling of a firearm as contemplated in regulation 7(1)(a); and |
| (e) | is not prohibited in law to possess the firearm. |
| (2) | If the holder of a licence to possess a firearm for business purposes is a security service provider or a person accredited as contemplated in regulation 11(2), that security service provider or accredited person may, in addition to the requirements of section 20(5)(b) of the Act and the conditions in subregulation (1)(a) and (b), only provide a firearm to a person if— |
| (a) | that person is a security officer employed by it for the security service provider or accredited person for the rendering of a security service; |
| (b) | that security officer is in possession of a competency certificate to possess a firearm; |
| (c) | the receipt, possession and carrying of the firearm by the security officer is in accordance with the Act; |
| (d) | in the case of a security service provider, such provider and the security officer are both registered as security providers in terms of the Private Security Industry Regulation Act, 2001 (Act No. 56 of 2001), and their respective registrations are not suspended; |
| (e) | the security officer is in possession of his or her certificate of identification that was issued to him or her in accordance with the provisions of the Private Security Industry Regulation Act, 2001 (Act No. 56 of 2001); |
| (f) | the security officer is in possession of an original written authorisation, issued under the signature of the holder of the licence in respect of the firearm, or a person authorised thereto in writing by the holder of the licence, containing the following information— |
| (i) | the full names, identity number, registration number allocated to the security officer by the Private Security Industry Regulatory Authority and employment address of the security officer to whom the firearm is issued; |
| (ii) | the name and address of the security service provider or person accredited as contemplated in regulation 11 (2) who is the holder of the licence, the licence number and date of issue of the licence as reflected on the licence, and, in the case of a security service provider, the registration number allocated to such provider by the Private Security Industry Regulatory Authority; |
| (iii) | the type, calibre, make, model and all marked serial numbers or other identification marks of the firearm; |
| (iv) | an authorisation to possess the firearm for the rendering of a security service which is clearly stated; and |
| (v) | the period and place for which possession of the firearm is granted. |
| (g) | the security officer is on duty or standby duty, or is about to perform duty or standby duty; |
| (h) | the necessary particulars of the issuing of the firearm and ammunition are entered into all the registers that must be kept in terms of the Act; |
| (i) | the security officer is not charged for a criminal offence or has not signed a warning statement to a police official advising him or her that he or she is under such investigation in respect of an offence relating to the unlawful use of force with a firearm or is not being criminally prosecuted in respect of such an offence; |
| (j) | the security officer is not charged under an improper conduct enquiry initiated by the Private Security Industry Regulatory Authority into an alleged violation by the security officer relating to an offence contemplated in paragraph (i); |
| (k) | the possession of the firearm by the security officer is necessary for rendering a security service, taking into account the nature of the security service, the contract between the security service provider and its client, the circumstances under which the security service is rendered, the type of firearm and any other relevant fact; |
| (l) | the security officer has successfully completed the security training required in terms of the Private Security Industry Regulation Act, 2001 (Act No. 56 of 2001) for the rendering of the security service in question; |
| (m) | the security officer is not under the influence of a substance which has an intoxicating or narcotic effect; |
| (n) | the security officer is apparently in a mentally stable condition and the security service provider or person accredited as contemplated in regulation 11(2) has no reason to believe that the security officer will use the firearm for an unlawful purpose or in an unlawful or negligent manner; |
| (o) | in the case the firearm is to be carried in a public place, the security officer is in possession of the holster, holder or other container required in terms of the Act for the carrying of the firearm in a public place; |
| (p) | the security officer is under proper control in the rendering of the security service for the purposes of which a firearm is issued; |
| (q) | the security officer is issued with no more than the necessary quantity of ammunition for the purposes of rendering the relevant security service; |
| (r) | the security officer signs for receipt of the firearm and all ammunition issued to him or her upon such receipt; |
| (s) | the security service provider or person accredited as contemplated in regulation 11(2) issuing firearms to security officers employed by it— |
| (i) | maintains all firearms licensed to it and which are issued to security officers in a proper working condition, free of any defects which may render them an inherent source of danger; |
| (ii) | has and adheres to proper and safe procedures in respect of the issuing and returning of and control over firearms and ammunition issued to security officers; |
| (iii) | enforces a proper disciplinary code in respect of the conduct of security officers regarding their receipt, possession, carrying, use, safe custody and return of the firearms and ammunition, and in respect of the conduct of all its other personnel involved with such functions; |
| (iv) | ensures that firearms and ammunition issued to security officers are returned for safe custody as soon as possible after completion of their duties or work shifts; |
| (v) | actively monitors whether security officers who are issued with firearms and ammunition are trained, instructed and guided in respect of the possession, handling and use of firearms as required by law; |
| (vi) | actively monitors whether security officers also possess their own firearms or are issued with firearms by any other person while rendering a security service, and takes such firearms in custody for safe storage during the period that the security officer is in possession of the firearm issued by the security service provider; |
| (vii) | ensures that security officers issued with firearms are properly assessed, which does not include psychological or psychiatric testing, at least every 24 months or within a shorter period as may be reasonably necessary in the circumstances, to verify that they do not suffer from any condition that would render their continued possession of a firearm and ammunition as posing an unreasonable risk to any person; |
| (viii) | ensures that the security officers issued with firearms undergo at least one proper practical training session, at the cost of the security service provider or person accredited as contemplated in regulation 11(2), at least every 12 months, or within a shorter period as may be reasonably necessary in the circumstances, in the proper and safe handling and use of the relevant firearm and ammunition; |
| (ix) | ensures that the security officers issued with firearms attend at least one proper briefing session, at the cost of the security service provider or person accredited as contemplated in regulation 11(2), every 12 months, or within a shorter period as may be reasonably necessary in the circumstances, during which they are properly informed of the relevant legal principles, rules and procedures and of their legal duties regarding the possession, carrying, safe custody and use of firearms and ammunition issued to them; |
| (x) | informs a client of the security service provider on whose premises a security officer will be rendering a security service, of the possession of a firearm by the security officer, unless the contract between the security service provider and its client provides for the possession of a firearm; |
| (xi) | properly investigates, or cause such an investigation to be conducted, to establish all the relevant facts concerning every incident involving the discharge of a firearm by a security officer, and keep a full record of such an investigation; |
| (xii) | takes all relevant steps provided for by law, and all further steps that may be necessary or prudent in the circumstances, with regard to the discharge of a firearm by a security officer, including appropriate counseling and debriefing at the cost of the security service provider or person accredited as contemplated in regulation 11(2), if the security officer has used a firearm against any person and has caused death or injury; and |
| (xiii) | immediately informs a police official at the nearest police station and the relevant Designated Firearms Officer after the use of a firearm by a security officer whether or not such use caused any death, personal injury or damage, providing the particulars within the knowledge of the security service provider or person contemplated in regulation 11(2), as well as particulars contemplated in regulation 22(3). |
| (3) | A firearm may only be provided for use to another person if it is in good working condition and free of any apparent defect which may render it an inherent source of danger to any person. |
