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 is not under the direct personal and physical control of a holder of a licence, authorisation or permit to possess the firearm, the 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 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 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 may store a firearm in respect of which he or she does not hold a licence, if-

i)he or she is in possession of written permission given by the person who holds a licence, permit or authorisation to possess that firearm and which permission is endorsed by a relevant Designated Firearms Officer; and

ii)the firearm is stored in a prescribed safe at the place mentioned in the permission contemplated in subparagraph (i).

b)Only the person who holds a licence, permit or authorisation to possess the firearm may transport that firearm to and from the place where that firearm is to be stored in terms of paragraph (a).

c)The permissions contemplated in paragraph (a), must specify the period for which the person concerned may store the firearm, the reason for the storage and it must contain sufficient particulars to identify the licence permit or authorisation and also the 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 authority 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 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 may remove the firearm from the safe or strong-room where it is stored.

 

5)In the case of any premises where firearm control is exercised by the occupier of the premises, the holder of a licence, authority or permit issued in terms of the Act, may hand a 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, who must hold an authorization issued in terms of section 21 of the Act, to store the firearm and ammunition on behalf of the holder of the licence, authority or permit for such period as is necessary under the circumstances 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 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 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 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 Registrar issues a certificate to this effect.

 

9)The Registrar may issue a certificate contemplated in sub-regulation (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 sub-regulation (8), but that would, in the opinion of the Registrar, effectively and substantively serve the same purpose: Provided that the specification accepted by the Registrar 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 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 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, must be stored unloaded in accordance with these regulations.

b)Any person who may lawfully possess a 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 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 sub-regulation (12), that is under the control of a holder of a licence, authorisation or permit issued in terms of this Act, the person storing the firearm must in writing notify the Designated Firearm Officer in whose area the firearm is temporarily stored.

 

12)A lock-away safe, apparatus, device and instrument for safe custody of a 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 sub-regulation (5) if such safe can only be locked or opened with two or more keys that have to be used jointly.