2004 Volume 3

Chaos Caused By The FCA
by Peter Moss

Chaos, a nice word meaning 'utter confusion'. It is perhaps too nice a word to apply to the Firearms Control Act. For four years government and the SAPS have had time to plan and provide for the implementation of this Act.

There is a driving force sufficiently high in the chain that has the power to dictate to the drafting team (SAPS) and Portfolio Committee chairman. That driving force can only represent the ANC's desire to disarm the public. By constantly interfering with the process and demanding that previously removed ideological requirements be reinstated, the government has seen to it that the Act is an incomprehensible abomination, suitable only as a tool in their hands as a weapon of disarmament.

The Firearms Control Act right from the start was envisaged as an Act that would need to be implemented in stages, and its drafting reflects this planned implementation. However, in March this year, the ANC decided that the complete Act would be implemented on July 1st. This came as a surprise to everybody who had not read the reported comments of ANC members in the Portfolio Committee; saying they wanted to implement this law as soon as possible, so that they (the ANC) could begin collecting and removing guns – not illegal guns, but licensed guns.

Since many aspects of the Act had not been considered in light of a single implementation, but as orderly phased-in sections, problems were foreseen as requirements such as training, accreditation and compliance to as yet unwritten standards, were not even finalised. Many would immediately be made criminals at the stroke of a pen and others would have to cease business because they did not posses the required accreditation or compliance certificates. Few, if any, shooting ranges had been inspected, and even less had received certification. No training facilities existed and few had been certified to give training for competency certificates.

A combination of dealers, security companies, SAGA and others took the matter to court to apply for an urgent interdict to halt the implementation of the Act, and lost the case. The judge foolishly believed the SAPS, who claimed they were ready to implement the Act and would not prosecute those now guilty of crimes arising from the Act. The SAPS backed this claim, pointing to twenty training organisations. There were, in fact, only four or five given on the SAPS website. Only four ranges had been inspected and certified although certification of ranges is mandatory for training purposes. At R4500 an inspection by the SABS, and the expense of making the range compliant, many of the smaller ranges are not likely to apply either.

The firearms competency training required has been hastily adapted from that required of security officers, in total opposition to the principle of the SETA, where the customer defines the standards for the course. POSLEC SETA has not conducted five minutes research into the validity of a single requirement of so-called competency training, nor can it justify 100 hours of training as either excessive or sufficient. POSLEC requirements were driven entirely by training organisations that have the most to gain by making unrealistic and unrequired arbitrary demands of this competency test. There are now twelve (12) accredited training centres in the whole of South Africa. Five of the nine provinces have no training centre.

Of even more concern is that nobody who has done the required training and passed the test has been issued with a competency certificate. POSLEC SETA has not finalised the reporting mechanism whereby the SAPS are advised of who has passed, and no written reports of passing have been issued to any candidates. Is this chaos or does it get worse?

Collectors, dedicated shooters and hunters can't apply because there are no accredited organisations. The mechanism to accredit them is not yet in place.

Dealers are now deprived of an income because no licences have been issued for some months. The Central Firearms Register simply rejected all applications under the old Act to get rid of its self-inflicted one-year backlog. The head of the appeal board has not been reappointed so no appeal board is available for appeal hearings. Some 60000 outstanding applications were summarily rejected and 6000 appeals are now pending, but CFR does not have a backlog. Any appeal must be heard under the terms of the old Act.

Gunsmiths have for some time been denied licence renewals, and new applications have been turned down without a satisfactory reason. There are more than a few gunsmiths now who have no income.
The SAPS have visited shooting ranges and closed many down – mostly illegally so. One range was threatened with arrest of all members under the Dangerous Weapons and Gathering Act. Most have been closed because they supposedly do not comply with SABS specifications. There is no requirement in the Act for any range to comply unless competency training takes place on the range. Please report any such possibly illegal activity to the South African Firearm Forum or SAGA.

One hundred valuable hunting tourists were held up for four hours while the SAPS ran around looking for forms that were not available. They were finger printed, some for the first time in their lives, and eventually illegally allowed to enter on completing old forms. What a wonderful example of the SAPS willingness to make and break the law to suit themselves. "We are ready" echo the false words of SAPS' representation in the High Court.

During the same period, twelve members of the Firearms Unit and CFR staff were charged for taking bribes and issuing licences to unfit persons, including convicted criminals. This can only get worse with the expensive and bureaucratic requirements of the FCA. It would seem that some members of the SAPS are more ready than others to help the public, at a price.

Staff at the now much reduced number of SAPS firearm centres have all been trained and many make a valiant attempt to make some sort of sense of this utter and complete chaos. Whatever training they received is negated by sheer incompetence and their inability to make sense of this in-comprehensible Act. Without doubt, the SAPS are nowhere ready to implement this Act. There is no form to apply for a permit to possess more than 200 rounds or more than 2400 primers. When should that receiver or frame, now considered a firearm, be licensed?

Even the computer databases demanded by the Act have not been tested. It is doubtful if the SAPS have the software, and they are in no position to connect dealers and bring them online as demanded by the Act.

What does it mean to the man in the street and the existing firearm owner?

For existing firearm owners not wishing to purchase any more firearms immediately, the answer is to put your effort into fighting this legislation before you are caught up in it. The application process is more frustration and senseless, indecisive, incompetent bureaucracy than you can handle. It probably will not get that much better. You would be required to pass the legislative learning portion of the competency test only, and prove a need for the firearm/s. Those who have passed this section have been charged in the region of R500 for the test. A need must be shown for each firearm licence applied for, and a competency certificate must be issued at a cost of R70. Since no competency test reporting mechanism exists, you are stuck right there. If more than the legislated numbers of firearms are held, try and apply to be classified as dedicated anything, and find that this is also impossible right now, and the firearm desired must be licensed for the purpose for which it is intended. Remember that the SAPS said they were ready; and surely would not state untruths in the High Court?

For first time owners the full competency test of practical handling and legislative learning will be required at a current cost of R1500. The practical test will apply to each class of firearm you desire to own and all may be done at the same time. You will have to find an assessment centre and travel if needed to do the training and test, 100 hours maximum. About four or five days of your time and money is required and since there are only twelve accredited training institutions in the whole of South Africa, a lot of travelling is going to be needed.

After this expenditure and the purchase of a SABS approved safe you may enter the last hurdle of applying for a licence and proving your need. Self-defence for a self-defence firearm is not an acceptable reason. Those who have been recently divorced or lost their job need not apply for at least two years. Make sure your neighbours and boss like you, and your spouse does not harbour any desire to get rid of your firearms.

Chaos or planned assault – you should not be sitting complacent: the writing is on the wall. Read it, ignore it; but be sure you never regret your choice.

Peter Moss is the Moderator of the South African Firearm Forum, http://groups.yahoo.com/group/SAFirearmForum/