PRETORIA, The South African Police Service (SAPS) says it will study the ruling by the Gauteng North High Court which declared as unconstitutional ctwo sections of the Firearms Control Act (2000) dealing with procedures and regulations which should be in place when surrendering a firearm for which the licence has already expired.
As it stands, the Firearms Control Act (2000) indicates that if a person fails to apply for a renewal of the licence more than 90 days from the date of its expiry, that person would be deemed to be in unlawful possession of a firearm.
However the court on Tuesday ruled that all firearms issued under the Act and for which the licences are due or were due to be renewed, shall be deemed to be valid.
The application brought by the South African Hunters and Game Conservation Association urged that the licensing and administration of firearms system is chaotic and dysfunctional.
SAPS Spokesperson Brigadier Vish Naidoo said the department was studying this judgement, as it has 15 court days within which to do so and to consider a way forward.
In the meantime the South African Police Service will retain all firearms surrendered to the police by people who have failed to renew their licences in accordance with the Firearms Control Act.
Furthermore, Naidoo said, no prosecutions will be instituted against those concerned and none of these firearms will be destroyed during this period.
Source: NAM NEWS NETWORK