Chapter 18

POSSESSION OF AN ILLEGAL FIREARM

Under the Arms and Ammunition Act (no 75 of 1969), which governs the civilian use of firearms and ammunition, it is illegal to carry certain types of firearms, for example, an unlicenced or homemade firearm. The possession of these firearms is under discussion in this summary.



Between 1996 and 1998, the possession of illegal firearms and ammunition increased in South Africa from 13 413 to 14 554 reported incidents annually. Police statistics on illegal firearm possession were the only data that was unavailable.



In this research, conclusions are drawn from 17 incidents analysed, which comprised 2.2% of the docket sample.



There were too few cases of the possession of an illegal firearm to determine peak activity times. It is probable that the time of incident recorded for the illegal possession of a firearm is more strongly linked to the time of the police intervention, than to the actual possession.



As a result, it is usually the police (70.6%) who report the possession of illegal firearms.



It was found that only 11.8% of all incidents of the possession of illegal firearms are undetected, 29.4% of the accused received a guilty verdict, and 52.9% of cases were withdrawn.



In four cases of the possession of an illegal firearm, fines were imposed (one for less than R1 000, two for between R2 000-R2 999 and one for between R4 000-R4 999). In addition to these fines, three jail sentences were handed down (two for less than a year and one for between 10 to 14 years).



In the 17 incidents of the possession of illegal firearms, 42 people were involved: 29 offenders, six victims and seven intervening third parties.



In the 17 incidents involving the possession of illegal firearms, 24 firearms were recorded. Of the firearms involved, 19 were held by offenders, four by victims and one was in the possession of a third party intervening.



It was found that 95% of offenders were male. There was insufficient information to provide a valid profile of the race, age, vocation or employment status of offenders.



All of the victims of incidents of the possession of illegal firearm were male. There was insufficient information to provide a valid profile of the race, age, vocation or employment status of the offender.



There were too few incidents of the illegal possession of a firearm recorded to draw any binding conclusions on the level of firearm injury and items stolen. Usually, the detection of the illegal possession of a firearm arises from police action around another firearm-related crime.