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

Firearms Control Regulations, 2004

Chapter 10 : Safe custody of firearms and ammunition

86. Safes and safe custody

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(1)When a firearm or muzzle loading firearm  is not under the direct personal and physical control of a holder of a licence, authorisation or permit to possess the firearm or muzzle loading firearm, the firearm or muzzle loading firearm and its ammunition must be stored in a safe or strong-room that conforms to the prescripts of SABS Standard 953-1 and 953-2, unless otherwise specifically provided in these regulations.

 

(2)Subject to regulation 36(2) a dealer and gunsmith must store firearms or muzzle loading firearms and ammunition in a safe or strong-room that conforms to the prescriptions of SABS Standard 953-1 and 953-2, at the place of business specified on the applicable licence, authorisation and permit, as the case may be.

 

(3)A manufacturer must store firearms, muzzle loading firearms and ammunition in a safe or strong-room that conforms to the prescripts of SABS Standard 953-1 and 953-2, or an explosives magazine licensed in terms of the Explosives Act, 1956 (Act No. 26 of 1956) at the place of business specified on the applicable licence, authorisation and permit, as the case may be.

 

(4)
(a)A person who holds a licence to possess a firearm or is a holder of a competency certificate in respect of a muzzle loading firearm, may store a firearm or muzzle loading firearm in respect of which he or she does not hold a licence or competency certificate, if—
(i)he or she is in possession of a written authorisation given by the person who holds a licence, permit or authorisation to possess that firearm or competency certificate in respect of a muzzle loading firearm and which authorisation is endorsed by a relevant Designated Firearms Officer; and
(ii)the firearm or muzzle loading firearm is stored in a prescribed safe at the place mentioned in the authorisation contemplated in subparagraph (i).
(b)Only the person who holds a licence, permit or authorisation to possess the firearm or a competency certificate in respect of a muzzle loading firearm or permission contemplated in subparagraph (a)(i) may transport that firearm or muzzle loading firearm to and from the place where that firearm or muzzle loading firearm is to be stored in terms of paragraph (a) as authorized by the Registrar or Designated Firearms Officer.
(c)The authorisations contemplated in paragraph (a), must specify the period for which the person concerned may store the firearm or muzzle loading firearm, the reason for the storage and it must contain sufficient particulars to identify the competency certificate, licence, permit or authorisation and also the firearm or muzzle loading firearm in question, as well as, the name, identity number and physical address of the holder of the licence and the person to whom the authorisation is granted.
(d)A permit contemplated in subparagraph (a) may be cancelled at any time by a relevant Designated Firearms Officer on good cause.
(e)A firearm or muzzle loading firearm stored in terms of this regulation may not be used by the person who provides the storage or any other person while it is stored in terms of this regulation.
(f)Only the holder of the licence applying to the firearm or the holder of a competency certificate in respect of a muzzle loading firearm, or a person to whom permission was granted as contemplated in subparagraph (a)(i) may remove the firearm or muzzle loading firearm from the safe or strong-room where it is stored.
(5)
(a)In the case of any premises where firearm control is exercised by the occupier of the premises, the holder of a competency certificate, licence, authority or permit issued in terms of the Act, may hand a firearm, muzzle loading firearm and ammunition that is in the possession of the said holder when entering the premises, to a person designated thereto by the said occupier.
(b)The occupier referred to in paragraph (a) must hold an authorization issued in terms of section 21 of the Act, to store the firearm, muzzle loading firearm and ammunition on behalf of the holder of the licence, competency certificate, authority or permit for such period as is necessary under the circumstances.
(c)The firearm, muzzle loading firearm and ammunition referred to in this subregulation must be stored in a safe or strong-room that complies with the standards set out in SABS Standard 953-1 or 953-2 or a prescribed lock-away safe that can only be opened by the designated person and the holder of the licence jointly and which is installed on the premises.

 

(6)Where a temporary authorisation has been issued—
(a)to possess a firearm in terms of section 21 of the Act;
(b)to trade in firearms, muzzle loading firearms or ammunition on premises other than those specified in the applicable dealer’s licence in terms of section 36 of the Act;
(c)to display firearms, muzzle loading firearms or ammunition at other premises than those specified on the applicable manufacturer’s licence in terms of section 50 of the Act; or
(d)to conduct business as a gunsmith on premises other than those specified in the applicable gunsmith’s licence in terms of section 64 of the Act,

the Registrar may in the absence of specific prescripts in terms of these regulations impose such reasonable conditions as are necessary under the circumstances concerning the safe custody of the firearms and ammunition.

 

(7)Where an import, export or in-transit permit has been issued in terms of section 74 of the Act, or a firearm transporters permit has been issued in terms of section 86 of the Act, the Registrar may impose such reasonable precautions as are necessary under the circumstances concerning the safe custody of the firearms, muzzle loading firearms and ammunition.

 

(8)An existing safe, strong-room, device, apparatus or instrument for the safe custody of firearms, which complies with the regulations under the previous Act, will be deemed to comply with the standards set out in SABS Standard 953-1 and 953-2 for all purposes of this Act, if the Designated Firearms Officer issues a certificate to this effect.

 

(9)The Registrar may issue a certificate contemplated in subregulation (8) in respect of any safe, strong-room, device, apparatus or instrument in existence at the inception of these Regulations that does not technically correspond to the specifications set in the Standards referred to in subregulation (8), but that would, in the opinion of the Registrar, effectively and substantively serve the same purpose: Provided that the specification accepted by the Designated Firearms Officer must not be less than as was prescribed in terms of the previous Act at the time of the latest issuing of a licence or other applicable authorisation to possess a firearm for which the safe, strong-room, device, apparatus or instrument was approved.

 

(10)Any firearm, muzzle loading firearms or ammunition that is imported into the Republic of South Africa and that needs to be stored in compliance with the Customs and Excise Act, 1964 (Act No. 91 of 1964) must at all times be stored in compliance with the requirements for safe custody and storage of firearms, or muzzle loading firearms and ammunition as provided in these regulations.

 

(11)

(a)Firearms other than those in respect of which a licence for self-defence in terms of section 13 of the Act has been issued, and muzzle loading firearms, must be stored unloaded in accordance with these regulations: Provided that a collector may keep one loaded firearm in the safe for purposes of self-defence.
(b)Any person who may lawfully possess a firearm, or muzzle loading firearm or ammunition shall store these in a prescribed safe or strong-room, to which he or she shall have at all time exclusive access or his or her presence and cooperation shall be a necessary prerequisite for access to the relevant firearm and ammunition unless—
(i)the storage is undertaken by the holder of a dealer’s of gunsmith’s licence in which case the dealer or the dealer’s personnel with valid competency certificates, or the gunsmith may have access to the safe or strong-room; or
(ii)the firearm or muzzle loading firearm is temporarily stored in a safe or strong-room that conforms to the prescripts of SABS Standard 953-1 and 953-2 or a lock-away safe, device, apparatus or instrument for the safe custody of a firearm that conforms to the prescripts of subregulation (12), that is under the control of a holder of a licence, authorisation, permit or competency certificate for a muzzle loading firearm issued in terms of this Act, the person storing the firearm or muzzle loading firearm must in writing notify the Designated Firearm Officer in whose area the firearm or muzzle loading firearm is temporarily stored.

 

(12)A lock-away safe, apparatus, device and instrument for safe custody of a firearm, muzzle loading firearm or ammunition, must to the satisfaction of the Registrar comply with the following requirements—
(a)be manufactured from steel of at least 2 mm thick;
(b)be capable of enclosing or covering the firearm concerned wholly;
(c)have an effective integral locking mechanism;
(d)have a hinge mechanism for the cover or lid thereof which shall ensure that when the locking pin thereof is removed, the cover or lid shall not be capable of being opened or removed;
(e)have a facility with the aid or use of which the lock-away safe, apparatus, device or instrument may be securely affixed to another structure such as a wall or a floor, or the body of a vehicle; and
(f)in the case of a lock-away safe used as contemplated in subregulation (5) if such safe can only be locked or opened with two or more keys that have to be used jointly.

 

(13)Before a prohibited or restricted firearm which is licensed in terms of section 17(1A) of the Act is stored by the licensed private collector in terms of section 17(3) of the Act. it must undergo a reversible non-damaging procedure complying with one of the following requirements in order to ensure that no cartridge can be loaded into or discharged from that firearm—
(a)removal of the bolt carrier or bolt and storage of the bolt carrier or bolt in a separate locked part of a safe contemplated in subregulation (1 ); or
(b)removal of the firing pin and insertion of a suitable chamber block to prevent the immediate loading of a cartridge; or
(c)fitting of a steel trigger lock and insertion of a suitable chamber block to prevent the immediate loading of a cartridge; or
(d)fitting of a suitable lockable chamber and barrel block comprising a length of steel cable or rod not less than 4 millimetre in diameter, which is passed through the barrel and which is welded or crimped to a brass or steel chamber block on one end and a brass or steel bush on the muzzle end which can be locked by a suitable locking device: or
(e)any mechanism which serves the same purpose as paragraph (d) and which is approved by the Registrar; or
(f)a secure locking device which additionally ensures that no cartridge can be loaded into or discharged from that firearm.

 

[Regulation 86 substituted by section 16 of the Firearms Control Regulations, 2012, dated 1 March 2012]