In addition to the provisions of regulation 13 the following conditions apply in respect of an application for an import or export permit, as the case may be—
| (1) |
Permanent import and export permit |
An application for the permanent import or permanent export of a firearm or ammunition must, subject to the provisions of these regulations, be submitted by the applicant, or the relevant Designated Firearms Officer who received the application, to the Registrar for consideration.
| (2) |
Temporary import and export permit in respect of a dealer, manufacturer or gunsmith |
An application by the holder of a dealer, manufacturer or gunsmith’s licence for the temporary import or temporary export of a firearm or ammunition, must, subject to the provisions of these regulations, be submitted by the applicant, or the relevant Designated Firearms Officer who received such application, to the Registrar for consideration.
(5) Port of entry
Subject to the provisions of subregulation (4), firearms and ammunition may only be imported into the Republic of South Africa at a port of entry designated as such in terms of the Immigration Act, 2002 (Act No. 13 of 2002) where the Registrar or a police official delegated by the Registrar, directs in writing.
| (4) |
Non-resident: Temporary import and export permit of a firearm not licensed in terms of the Act |
| (a) |
An application by a person who is a non-resident and not the holder of a permanent resident permit for a temporary import permit and the subsequent export permit or multiple import and export permit in respect of any firearm or ammunition not licensed under the Act, may be submitted either to the Head: Central Firearms Register directly or to the Designated Firearms Officer at the place designated as a port of entry in terms of the Immigration Act, 2002 (Act No. 13 of 2002) where the applicant will enter into the Republic of South Africa. |
| (b) |
An application submitted directly to the Head: Central Firearms Register in terms of subparagraph (a) must be lodged at least 21 days prior to the arrival of the applicant in the Republic of South Africa and the applicant must supply an address outside the borders of the Republic of South Africa whereto the permit will be posted. |
| (c) |
The permit in respect of an application submitted to the Designated Firearms Officer on the arrival of the applicant at the port of entry contemplated in subparagraph (a), may be issued by the Designated Firearms Officer who receive the application only if the Designated Firearms Officer concerned is delegated thereto. |
| (5) |
Temporary export permit of a firearm or ammunition licensed under Chapter 6 of the Act |
| (a) |
An application for a temporary export permit and the subsequent import permit in respect of a firearm licensed for the purpose of self-defence, hunting, sports-shooting, a private or public collection or a business purpose under the Act, may be submitted by the holder of the licence to any Designated Firearms Officer or police official delegated by the Registrar. |
| (b) |
The permit may be issued by the Designated Firearms Officer or police official who received the application and who has the necessary delegation to consider the application. |
| (6) |
Multiple import-export permit
|
| (a) |
The Registrar, Designated Firearms Officer or a police official who has been delegated thereto, may issue an import permit and export permit in respect of a specific firearm and also ammunition applicable to the firearm, which permit will allow the repeated import and export of the firearm and ammunition over a fixed period of time which permit will be known as a "multiple import-export permit". |
| (b) |
The conditions set in subregulation (7) relating to a temporary import permit, will apply to a multiple import-export permit. |
| (7) |
Conditions under which a temporary import permit may be issued |
A temporary import permit may only be issued—
| (a) |
to a foreign visitor for the purpose of hunting; |
| (b) |
to a foreign visitor to display the firearm and ammunition at a trade show or collectors’ show, or to display firearms or ammunition at a sport or hunting trade show; |
| (c) |
to a foreign visitor to participate in a competitive sports shooting event organised by recognised business, hunting, sports-shooting or collectors' organisation; |
| (d) |
to an official of a foreign government or a distinguished foreign visitor so designated by the South African Department of Foreign Affairs; |
| (e) |
to a foreign law enforcement officer entering the Republic of South Africa on an officially approved policing assignment; or |
| (f) |
to a person who, for other legitimate reasons, has received the prior approval from the Registrar and where the applicant can demonstrate— |
| (i) |
the lawful possession of the firearm; |
| (ii) |
knowledge of the safe handling and use of the firearm in question through possession of a licence for the firearm or through past experience; |
| (iii) |
knowledge of the South African laws relating to firearms, including the principles relating to the use, safe storage and handling of firearms and where applicable their public display; |
| (iv) |
a need to possess the firearm; |
| (v) |
that the applicant cannot reasonably satisfy that need by means other than the possession of a firearm; and |
| (vi) |
that he or she is at least 21 years old: Provided that the Registrar may, within his or her sole discretion and on good cause shown, exempt an applicant from this requirement; |
| (g) |
if the applicant provides supporting documents issued by any one of the following persons or institutions, confirming that, to the best of their knowledge and belief, the applicant will be using the firearm for the purpose set out in the application: |
| (ii) |
the accredited hunting association or sports-shooting organisation that is hosting the event or sports-shooting competition that the applicant will participate in; |
| (iii) |
a person or organisation hosting a public event or historical re-enactment or display that requires the foreign visitor’s participation and use of the specific firearm. |
| (i) |
the requirements of the Act in respect of the carrying, storage, safe custody, transport and display of such firearm or ammunition; |
| (ii) |
the use of the firearm only for the purpose set out in the permit; |
| (iii) |
that no person who holds a temporary import permit is allowed to transfer the firearm to another person in South Africa without prior written permission having been obtained from the Registrar; |
| (iv) |
whenever the holder of the temporary import permit leaves the Republic of South Africa the firearm in respect of which the permit is issued must accompany the holder of the permit; |
| (v) |
when the Registrar grants permission as contemplated in subparagraph (iii), a temporary authorisation in terms of section 21 of the Act must be issued to the person who acquired the firearm to enable such person to apply for a licence, permit or authorisation to possess the firearm in terms of the Act; and |
| (vi) |
if a licence, permit or authorisation is not issued by the Registrar in respect of a firearm contemplated in subparagraph (v), the person who acquired the firearm must dispose of the firearm through a dealer or in such manner as the Registrar may determine which may also include the export of the firearm; and |
| (vii) |
to the possession of no more than the quantity of cartridges determined by the Registrar and specified on the permit, for each firearm in respect of which the temporary import permit applies; |
| (i) |
a temporary import permit, export permit and multiple import/export permit shall not be issued for a period exceeding 6 months at a time, unless the Registrar decides otherwise on good cause shown; and |
| (j) |
the Registrar may on good cause shown, issue a temporary import or export permit in respect of more than one firearm per calibre to a person who will be using the firearms for a purpose contemplated in subparagraph (a), (b) and (c). |
| (8) |
Conditions under which a permanent import permit may be issued to a dealer, manufacturer and gunsmith |
A dealer, manufacturer or gunsmith who permanently imports a firearm or ammunition—
| (a) |
must lodge the necessary application at least 21 days before the shipment of the firearm or ammunition to the Republic of South Africa or on good cause shown, such shorter period as the Registrar, within his or her discretion regard as expedient; |
| (b) |
may not arrange for the shipment of the firearm or ammunition prior to the issuing of the import permit; |
| (c) |
must immediately on the arrival of the firearms or ammunition in the Republic of South Africa, notify the Head: Central Firearms Register and the Designated Firearms Officer appointed for the port of entry where the shipment has arrived, in writing of the arrival and provide the particulars of the container and place where it can be inspected; |
| (d) |
must ensure that the firearms or ammunition is stored in terms of the prescripts of these regulations; |
| (e) |
may not open the container holding the consignment of the firearms or ammunition unless the Designated Firearms Officer or a police official nominated by the Designated Firearms Officer is present; |
| (f) |
must within 72 hours of the arrival of the firearms or ammunition in the Republic of South Africa— |
| (i) |
arrange with the Designated Firearms Officer or a police official nominated by the Designated Firearms Officer, to physically inspect the firearms or ammunition; and |
| (ii) |
on finalisation of the physical inspection certify in writing that the imported firearms or ammunition corresponding with the import permit, arrived in Republic of South Africa. |
| (9) |
Conditions that may be imposed on an export permit issued to the holder of a dealer, gunsmith or manufacturer’s licence |
The following specific conditions will apply to an export permit issued to the holder of a dealer, gunsmith or manufacturer’s licence:
| (a) |
An export permit will be issued in at least threefold where after the exporter must accept the original, first and second copy of the export permit; |
| (b) |
within 90 days after the export date stated on the export permit, the exporter must return to The Head: Central Firearms Register, the first copy of the export permit which must bear the signature and an official date and name stamp of the End User, which copy will then serve as a delivery verification certificate; |
| (c) |
the second copy of the export permit must indicate the date of export of the firearm or ammunition which date must be duly certified by the Republic of South Africa’s Customs Authorities and the export permit must thereafter be returned by the exporter to The Head: Central Firearms Register within 10 days after that export date; |
| (d) |
on failure by the exporter to comply with subparagraph (b) or (c), all pending and future exports by the exporter in which the exporter takes part, will be suspended until the conditions in subparagraph (b) and (c) have been complied with; |
| (e) |
firearms that are exported from the Republic of South Africa for the purpose of exhibitions, evaluations and demonstrations must be returned to the Republic of South Africa within six months after the date of export reflected on the export permit, unless the Registrar has indicated otherwise on the export permit on application by the applicant; |
| (f) |
the import of the firearms contemplated in subparagraph (e) must again be subjected to an import permit issued by the Registrar; |
| (g) |
a separate export permit is required for each individual export of firearms and ammunition and no partial exportation may be allowed with one permit; |
| (h) |
the export permit is not transferable; |
| (i) |
the firearms or ammunition listed in the export permit must be exported by the dealer, gunsmith or manufacturer except if indicated otherwise by the Registrar on the permit; |
| (j) |
all correspondence pertaining to the export permit, must be directed to The Head: Central Firearms Register and the export permit number must be quoted; |
| (i) |
a specific period of validity must be assigned to the export permit by the Registrar which period of validity may be extended or shortened by the Registrar depending on whether the stated reasons for the export of the firearms or ammunition has materially changed; |
| (ii) |
applications for extensions of the period of validity must be submitted in writing to The Head: Central Firearms Register before the expiry date elapses, otherwise a new application will be required; |
| (l) |
if an export transaction is cancelled, or immediately after the period of validity of the export permit has expired before the firearms or ammunition are exported, the holder of the export permit must immediately return the original and copies of the export permit that were issued, together with a written statement stating the reasons for non-compliance to The Head: Central Firearms Register; |
| (m) |
an exporter must retain the original export permit, the relevant Bill of Loading or Airway Bill, packing list/s and exporter invoice pertaining to the firearms or ammunition stated on the export permit, for a period of 36 months and produce the documents for inspection whenever required to do so by The Head: Central Firearms Register or a Designated Firearms Officer; and |
| (n) |
an export permit issued in terms of this regulation may only be issued by the Registrar or a police official delegated by the Registrar in writing. |
| (10) |
Conditions in respect of the possession and use of a firearm or ammunition relevant to an import permit |
A firearm and ammunition that is imported into the Republic of South Africa, may only be used where it is safe to use the firearm and for a lawful purpose, stated on the application submitted in respect of the import of the firearm or ammunition and in accordance with the provisions of the Act.
South African Institute for Drug Free Sport Act, 1997
