| (1) |
A person is guilty of an offence if he or she contravenes or fails to comply with any— |
| (b) |
condition of a licence, permit or authorisation issued or granted by or under this Act; or |
| (c) |
provision, direction or requirement of a notice issued under this Act. |
| (a) |
Any person who is aware of the existence of a firearm, muzzle loading firearm or ammunition that is not in the lawful possession of any person and fails to report the location of the firearm, muzzle loading firearm or ammunition to a police official without delay is guilty of an offence. |
[Section 120(2)(a) substituted by section 39(a) of Act No. 28 of 2006]
| (b) |
A police official to whom a person has made a report contemplated in paragraph (a), must immediately provide the person with written proof that the report has been made or, in the case of a telephonic or similar report, with the official reference number of the report. |
| (a) |
cause bodily injury to any person or cause damage to property of any person by negligently using a firearm, a muzzle loading firearm or an airgun; |
| (b) |
discharge or otherwise handle a firearm, a muzzle loading firearm or an airgun in a manner likely to injure or endanger the safety or property of any person or with reckless disregard for the safety or property of any person; or |
| (c) |
have control of a loaded firearm, a muzzle loading firearm or an airgun in circumstances where it creates a risk to the safety or property of any person and not to take reasonable precautions to avoid the danger. |
[Section 120(3) substituted by section 39(b) of Act No. 28 of 2006]
| (4) |
It is an offence to handle a firearm, a muzzle loading firearm or an airgun while under the influence of a substance, which has an intoxicating or a narcotic effect. |
[Section 120(4) substituted by section 39(b) of Act No. 28 of 2006]
| (5) |
A person is guilty of an offence if he or she gives control of a firearm, a muzzle loading firearm or an airgun to a person whom he or she knows, or ought reasonably to have known— |
| (a) |
to be mentally ill; or |
| (b) |
to be under the influence of a substance which has an intoxicating or a narcotic effect. |
[Section 120(5) substituted by section 39(c) of Act No. 28 of 2006]
| (6) |
It is an offence to point— |
| (a) |
any firearm, a muzzle loading firearm or an airgun, whether or not it is loaded or capable of being discharged, at any other person, without good reason to do so; or |
| (b) |
anything which is likely to lead a person to believe that it is a firearm, a muzzle loading firearm or an airgun at any other person, without good reason to do so. |
[Section 120(6) substituted by section 39(d) of Act No. 28 of 2006]
| (7) |
It is an offence to discharge a firearm, a muzzle loading firearm or an airgun in a built-up area or any public place, without good reason to do so. |
[Section 120(7) substituted by section 39(d) of Act No. 28 of 2006]
| (8) |
A person is guilty of an offence if he or she— |
| (a) |
fails to lock away his or her firearm or a firearm in his or her possession in a prescribed safe, strong-room or device for the safe-keeping when such firearm is not carried on his or her person or is not under his or her direct control; or |
| (b) |
loses a firearm, or is otherwise disposessed of a firearm owing to that person’s failure to— |
| (i) |
lock the firearm away in a prescribed safe, strong-room or device for the safekeeping of a firearm; |
| (ii) |
take reasonable steps to prevent the loss or theft of the firearm while the firearm was on his or her person or under his or her direct control; or |
| (iii) |
keep the keys to such safe, strong-room or device in safe custody. |
| (b) |
alter or erase any word, figure or letter on or from any competency certificate, licence, permit or authorisation, without the Registrar’s permission; |
| (c) |
use or possess any competency certificate, licence, permit or authorisation— |
| (i) |
to which any words, figures or letters have been unlawfully added; |
| (ii) |
from which any words, figures or letters have been unlawfully erased; or |
| (iii) |
on which any words, figures or letters have been unlawfully altered; |
| (d) |
part with a competency certificate, licence, permit or authorisation in order that it may be used by any person other than the person to whom it was issued or granted; |
| (e) |
use a competency certificate, licence, permit or authorisation issued in the name of another person to procure possession of a firearm, muzzle loading firearm or ammunition; |
[Section 120(9)(e) substituted by section 39(e) of Act No. 28 of 2006]
| (f) |
supply particulars, information or answers in an application for a competency certificate, licence, permit or authorisation in terms of this Act, knowing them to be false, incorrect or misleading or not believing them to be correct; |
| (g) |
make a false entry in a register which is required to be kept in terms of this Act; or |
| (h) |
furnish false information in any return required to be submitted in terms of this Act. |
| (10) |
It is an offence to— |
| (a) |
sell, supply or in any other manner give possession of a firearm, muzzle loading firearm or ammunition to a person who is not allowed in terms of this Act to possess that firearm, muzzle loading firearm or ammunition; or |
| (b) |
be in possession of any firearm, airgun, deactivated firearm, muzzle loading firearm, or imitation firearm, with intent to commit an offence or to use the firearm, airgun, deactivated firearm, muzzle loading firearm, or imitation firearm to resist arrest or prevent the arrest of another person. |
[Section 120(10) substituted by section 6(a) of Act No. 15 of 2013]
| (10A) |
In determining whether a person intends to use the firearm, airgun, deactivated firearm, muzzle loading firearm or imitation firearm to commit an offence, all relevant factors, including, but not limited to, the following must be taken into account: |
| (a) |
The place and time where the person is found; |
| (b) |
the behavior of the person, including the making of any threat or the display of intimidatory behavior; |
| (c) |
the manner in which the firearm, airgun, deactivated firearm, muzzle loading firearm or imitation firearm is carried or displayed; |
| (d) |
whether the possession of the firearm, airgun, deactivated firearm, muzzle loading firearm or imitation firearm was within the context of drug dealing, gang association, organised crime or any other criminal activity; or |
| (e) |
any other relevant factors, including any explanation the person may wish to provide for his or her possession of the firearm, airgun, deactivated firearm, muzzle loading firearm or imitation firearm: |
Provided that this paragraph shall not be interpreted as an obligation on the person to explain his or her possession of the firearm, airgun, deactivated firearm, muzzle loading firearm or imitation firearm.
[Section 120(10A) inserted by section 6(b) of Act No. 15 of 2013]
| (10B) |
The provisions of subsection (10)(b) do not apply to the following activities: |
| (a) |
The pursuit of any lawful employment, duty or activity; |
| (b) |
the participation in any cultural or religious activities, or lawful sport, recreation, or entertainment; or |
| (c) |
the legitimate collection, display or exhibition of a firearm, airgun, deactivated firearm, muzzle loading firearm or imitation firearm. |
[Section 120(10B) inserted by section 6(b) of Act No. 15 of 2013]
| (11) |
Any holder of a licence, permit or authorisation to possess a firearm, and any other person who was in possession of or who had control of a firearm when it was lost, stolen or destroyed and who fails to report the loss, theft or destruction to the police station nearest to the place where it occurred, within 24 hours after having become aware of the loss, theft or destruction of the firearm, is guilty of an offence. |
| (12) |
It is an offence to obstruct or hinder any person in the exercise of any power or the performance of any duty in terms of this Act. |
[Section 120 amended by section 39 of Act No. 28 of 2006]
South African Institute for Drug Free Sport Act, 1997
