Chapter 17

DISCHARGING A FIREARM IN A BUILT-UP OR PUBLIC PLACE

Incidents where a firearm is discharged in a built-up or public place are against the law in South Africa.



Between 1996 and 1998 reported incidents of the discharge of a firearm in a built-up or public place increased from 2 791 to 3 095 annually (referred to as firing of firearms in municipal areas).



In this research, conclusions are drawn from 32 incidents analysed, which comprised 4.1% of the docket sample.



It was found that the majority of the incidents where a firearm was discharged in a built-up or public place occurred at night, between 16h00 and 04h00. Nine of the incidents were associated with acts of domestic violence.



Only 16.1% of incidents of the discharge of a firearm in a built-up or public place occurred in the inner city or central business district — which strongly contrasts to the other firearm-related crimes analysed in this sample. The most significant locations where firearms were discharged in a built-up or public place occurred in private residential properties (54.8%) and public residential spaces (16.1%).



A range of people reported the discharging of a firearm in a built-up or public place, such as the victim (31.3%), the police (50%) and bystanders (6.3%).



It was found that 90% of the cases against persons who discharge a firearm in a built-up or public place were withdrawn.



In the 32 cases where a firearm was discharged in a built-up or public place, 59 people were involved: 26 offenders, 29 victims and four intervening third parties. In 68.8% of incidents, victims and offenders were not known to one another and in 21.9% of cases, they knew one another well.



In the 32 incidents where a firearm was discharged in a built-up or public place, 37 firearms and one other weapon were involved. Of the firearms involved, 22 were held by offenders, 13 by victims and two were in the possession of a third party intervening.



It was found that 92% of offenders were male. There was insufficient information to provide a valid profile of the race, age, vocation or employment status of offenders.



It was found that 72.4% of victims in incidents where a firearm in a built-up or public place were male and 27.6% were female. The race profile of victims was as follows: 14.8% white; 14.8% African; 55.6% coloured; and 14.8% Asian. In terms of age, 55.6% were between the ages of 21 to 30 years, while 18.5% were between the ages of 31 to 50 years. Overall, 61.5% of victims were employed.



It was found that 84.6% of offenders had firearms and 15.4% had no weapon. The majority of offenders carried handguns (90.9%), of which 77.3% were licenced.



It was found that 13 (44.8%) of the 29 victims carried firearms. Most of the victims carried handguns.



In 50% of cases, violence was used, in 17% only threats were used and in 32.1% of cases, no violence or threats were necessary to discharge the firearm in a built-up or public place. Of the 26 victims, 24.1% were injured. It was found that 17.2% were injured with a firearm, one victim was fatally injured and another victim was emotionally injured. One offender was slightly injured.



In none of the reported cases was property stolen.