Enforcing new firearm legislation:

The real issue at stake

The debate over the control of legal firearms intensified with Cabinet’s recent approval of policy and draft legislation on firearms. Private owners believe greater government control over legal guns will have no effect on criminals armed with illegal firearms. Government wants to ensure that legal owners act more responsibly, thereby reducing the thousands of legal guns that are used by criminals each year. The real question is whether the police and courts will be able to enforce the new legislation. Failing this, new laws will not deter criminals or gain the respect and co-operation of the country’s citizens.

Research results reported in an earlier edition of the Nedcor ISS Crime Index (Volume 3 Number 3 1999) present clear evidence that any new legislation on legal firearms must be accessible to ordinary South Africans and must be enforceable by law enforcement agencies.

All those involved in controlling legal firearms must understand their role in the process in order to ensure that:

The legislation works and is accepted by the communities it aims to serve.



Firearm owners — both private and government — prevent loss, theft or irresponsible use of their weapons.

Police role in enforcement

Within the South African Police Service (SAPS), the following components or units enforce firearm legislation (the Arms and Ammunition Act 75 of 1969):

The Central Firearm Registry (CFR) issues firearm licenses, import and export permits, dealers’ licenses, collectors’ permits, permits for bona fide hunters and sportsmen, etc. (see Nedcor Crime Index Volume 3 Number 4 1999 for an evaluation of the Registry).



The Firearm Investigation Units, also known as the ‘illegal firearm units’. These units are mandated to:



Investigate and determine the origin of illegal firearms, explosives and other related articles. (This includes determining the origin of firearms lost or stolen from private owners many of which have had their serial numbers removed or are untraceable).



Trace all illegal firearms.



Identify and monitor those involved in the illegal firearm trade (syndicates and gangs or groups gathering or stockpiling firearms for illegal purposes).



Determine if any firearms that have been seized have been used in other criminal activities.



Investigate the illegal possession of firearms and or ammunition.

According to this mandate the SAPS does not police the entire Arms and Ammunition Act. In reality however, information relating to other areas of the Act is followed up and investigations conducted where possible.

New police structure

At a parliamentary media briefing in Cape Town in June 1999, the Minister for Safety and Security announced that a deputy national commissioner of police will take control of all operational activities relating to the eradication of illegal firearms. This official will ensure that sufficient resources are available to police the movement and circulation of firearms inside the country as well as in and out of neighbouring countries.

This new structure will be called ‘Special Projects’ and has been established as a sub-component of the office of the national police commissioner to manage the SAPS firearms strategy including the new Firearms Control Act. The Central Firearm Registry and the SAPS project team responsible for the National Crime Prevention Strategy’s (NCPS) firearm project have been integrated into these structures.

This component will be responsible for:

Administering the licensing of firearms in terms of the relevant legislation.



Managing inter-departmental projects and initiatives related to firearms.



Providing executive direction and control over operational policies and procedures relating to the eradication of illegal firearms and control of legal firearms.

These are positive developments as police officials at national level prioritise the fight against firearm related crime. But all sections of the criminal justice system must work together if positive results are to be attained. New legislation should also have the support of the public. Most importantly, however, the police and courts must be in a position to implement the new law. To establish the views of those who must ultimately make the legislation work, a study was conducted with the relevant police investigators.

Opinions of SAPS members

In December 1998 and January 1999, the Institute for Security Studies (ISS) conducted workshops with the SAPS Firearm Investigation Units (FIU). Members from nine provinces met at five central points:

Midrand (Gauteng, Mpumalanga and North West province)

Bloemfontein (Free State, Northern Province and Northern Cape)

Durban (KwaZulu-Natal province)

Port Elizabeth (Eastern Cape province)

Cape Town (Western Cape province).

At the end of each workshop, participants were asked to complete an opinion survey on several policy issues relating to firearm controls. The workshop discussions and the survey results are outlined below.

Workshop findings

Members of the Firearm Investigation Units discussed several issues that require attention under new legislation:

Existing legislation

The definition of a firearm is problematic. The courts are reluctant to proceed with a case if it is found that a firearm is not capable of firing a round of ammunition. Because courts interpret this definition differently, convictions are not always achieved.



All Unit members agreed that the controversial article 8(1) (lending of firearms) should be removed from the act. This article has since been amended to prevent legal owners from lending firearms to non license holders.



The age limit for owning a firearm holder should be increased from 16 to 18 years. Some officials suggested an age limit of 21 years. According to Unit members, young people (16 to 21 years) are increasingly involved in violent crime and some believe possessing a firearm is a status symbol.



Stricter regulation of shooting ranges is needed. Currently municipal guidelines control the establishment, operation and use of shooting ranges. If competency tests for firearms holders are made compulsory, the demand on these facilities will increase.



Most Unit members supported the compulsory concealment of firearms carried in public.

Investigation procedures

The working relationship between prosecutors and investigators must be improved. It is currently frustrated because of different operational priorities in the SAPS and the courts.

Licensing and the CFR

Firearm applicants should be tested on their knowledge of firearms and the law before they are granted a license. There was overwhelming support for the requirement that all armed private security officers complete a competency test before being allowed to use a firearm for security work.



SAPS investigations are hindered by a lack of accurate information from the Central Firearm Registry. This was in part attributed to licence holders not reporting accurate and new information to the police.



All legal firearms should be re-licensed in order to update the CFR database. This should include firearms owned by the South African National Defence Force (SANDF). Currently the SANDF does not report all firearm thefts to the SAPS, but instead investigates them internally.



Ammunition should be controlled and checks on ammunition should be well managed and co-ordinated. Some members recommended establishing a database for dealers to log ammunition in their possession as well as sales.



Some suggested a firearm injury database which would record any firearm related injuries attended to in hospitals and clinics.



No new evidence should be allowed to be submitted in an appeal application when a license application is turned down.

Survey findings

Fifty seven members of the Firearm Investigation Units were interviewed. This represents 12% of the entire FIU personnel making the sample representative of the FIU. Respondents were mostly unit commanders who had discussed these issues with their members prior to the workshops. The results of the opinion survey supported the workshop findings. Unit members believed that stricter legislation was required to control firearms and ammunition (Table 1). Overall, 96.4% of the sample said the current firearms legislation could be improved.

Table 1 presents just a short list of the needs expressed by members of the Firearm Investigation Units. Because these investigators are the primary enforcers of the Arms and Ammunition Act (and any new legislation), their opinion is valuable. Since the effectiveness of new legislation will largely depend on the enforcement capabilities of the SAPS and the courts, it is worth assessing the extent to which the new legislation takes cognisance of the FIU’s suggestions.

Table 1 Extent to which FIU members agreed with statements on firearm controls (1 = strongly disagree, 5 = strongly agree)

	Mean score
Firearm license criteria should be stricter	4.7
A person with a record of violent behavior should not be allowed to obtain a firearm	4.6
Legislation should prohibit the lending of firearms	4.5
SAPS should continue to be responsible for the issuing of firearm licenses	4.5
A competency test should be mandatory when applying for a firearm license	4.5
The age limit for obtaining a firearm license should be increased	4.5
A person with a record of substance abuse should not be allowed to obtain a firearm	4.4
There should be a lower limit to the number of firearms an ordinary person may own	4.0
All confiscated weapons should be destroyed	3.7
A license applicant must have two referees who recommend the applicant	3.7
Regular license renewals will help control firearms	3.6
A person with a drinking & driving conviction should not be allowed to obtain a firearm	2.9

Efforts to restructure the SAPS at head office as well as the overall priority that the problem is receiving should help to decrease firearm related crimes and encourage South African gun owners to manage their weapons more responsibly and efficiently.

Ettienne Hennop and Clare Hansmann
Institute for Security Studies