Gun politics in South Africa
Encyclopedia
In South Africa
, owning a gun is conditional on a competency test and several other, albeit ill defined factors, including background checking of the applicant, inspection of an owner's premises, and licensing of the weapon by the police
introduced in July 2004. The process is currently undergoing review[4], as the police are at present, not able to adequately or within reasonable time, process either competency certification, new licenses or renewal of existing licenses. Minimum waiting period frequently exceeds 2 years from date of application.[3]
In July 2010, the Black Gun-Owners Association of South Africa (BGOASA), filed a R3.2 Billion lawsuit against the government in regards to the poor implementation of the firearms act[1] [2], which is claimed to have cost 10,000 jobs in the firearms sector and closed 800 shops [2]. Licensing takes over 2 years to process before revenue can be recognized or is arbitrarily dismissed and rejected by the police. These two factors lead to many dealers not being able to maintain their businesses, in light of greatly reduced revenues.
It is interesting to note that only 2% of all black applicants are successful in obtaining their firearm licenses. Leading BGOASA, to claim the act, a disarming campaign similar to one undertaken under Apartheid, by the current government on its own people.[1]
Furthermore, the act has in no way impacted the proliferation of illegal firearms to violent criminals. With criminals more frequently committing crimes with R4 and R5 assault rifles (which are not and never have been available to normal citizens) and 9mm police issue pistols. Reports state that The SA Police Service has lost, had stolen or otherwise misplaced 8 286 firearms, including pistols, shotguns, rifles, and revolvers in three years (2006-2009)[5].
SAGA was formed in 1985 to advocate the sale and use of firearms. It claims that gun ownership legislation are unfair to the responsible citizen.
It negotiates with government and other bodies, and presses for pro-gun ownership reforms. It promotes the safe handling and storage of firearms and opposes to their misuse.
SAGA is not affiliated with other firearm related associations, but supports their efforts to promote ease of access to guns in South Africa. SAGA tries to improve the negative connotations associated with guns in a country overwhelmed with violent crime.
SAGA is recognised by its foreign counterparts: The National Rifle Association of America; the National Firearms Association of Canada; the Sport Shooting Association of Australia and the Sporting Shooters Association of New Zealand. SAGA participates The World Forum on the Future of Sportshooting Activities.
The Gun Free South Africa (GFSA) is diametrically opposed SAGA. It was formed in 1994 with the aim of reducing the number of firearms in society. It claims that less gun ownership will improve safety and security in South Africa. It campaigns for strict gun control laws and promotes firearm-free and gun-free zones.
The South African Hunters Association is challenging the act, in particular the government's non-compliance with compensation aspects of the law. The argument is that if a citizen is deprived of property, eg. the surrender of a firearm, due to compliance with the act, the government must compensate the citizen for lost property, as is provided for in the act. Police officers and officials have been instructed not to provide citizens with the necessary documentation to apply for compensation or outright and illegally denying that any compensation is available to those surrendering firearms.
The Black Gun Owners Association of South Africa is challenging the loss of revenue and employment, and is seeking compensation for the loss of income. Furthermore, it is challenging the political motivations of the act, as they believe their members are being unfairly victimized by the act's implementation.
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
, owning a gun is conditional on a competency test and several other, albeit ill defined factors, including background checking of the applicant, inspection of an owner's premises, and licensing of the weapon by the police
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
introduced in July 2004. The process is currently undergoing review[4], as the police are at present, not able to adequately or within reasonable time, process either competency certification, new licenses or renewal of existing licenses. Minimum waiting period frequently exceeds 2 years from date of application.[3]
In July 2010, the Black Gun-Owners Association of South Africa (BGOASA), filed a R3.2 Billion lawsuit against the government in regards to the poor implementation of the firearms act[1] [2], which is claimed to have cost 10,000 jobs in the firearms sector and closed 800 shops [2]. Licensing takes over 2 years to process before revenue can be recognized or is arbitrarily dismissed and rejected by the police. These two factors lead to many dealers not being able to maintain their businesses, in light of greatly reduced revenues.
It is interesting to note that only 2% of all black applicants are successful in obtaining their firearm licenses. Leading BGOASA, to claim the act, a disarming campaign similar to one undertaken under Apartheid, by the current government on its own people.[1]
Furthermore, the act has in no way impacted the proliferation of illegal firearms to violent criminals. With criminals more frequently committing crimes with R4 and R5 assault rifles (which are not and never have been available to normal citizens) and 9mm police issue pistols. Reports state that The SA Police Service has lost, had stolen or otherwise misplaced 8 286 firearms, including pistols, shotguns, rifles, and revolvers in three years (2006-2009)[5].
Organizations within the South African Firearms Context
The South African Gunowners' Association (SAGA) represents the interests of the firearms industry and gun owners. It opposes and lobbies against the regulation of gun sales. SAGA is a not-for-profit company, funded by membership fees from gun owners, gun clubs and possibly the sellers of firearms. SAGA propagates views favourable to the sale of firearms on behalf of its members.SAGA was formed in 1985 to advocate the sale and use of firearms. It claims that gun ownership legislation are unfair to the responsible citizen.
It negotiates with government and other bodies, and presses for pro-gun ownership reforms. It promotes the safe handling and storage of firearms and opposes to their misuse.
SAGA is not affiliated with other firearm related associations, but supports their efforts to promote ease of access to guns in South Africa. SAGA tries to improve the negative connotations associated with guns in a country overwhelmed with violent crime.
SAGA is recognised by its foreign counterparts: The National Rifle Association of America; the National Firearms Association of Canada; the Sport Shooting Association of Australia and the Sporting Shooters Association of New Zealand. SAGA participates The World Forum on the Future of Sportshooting Activities.
The Gun Free South Africa (GFSA) is diametrically opposed SAGA. It was formed in 1994 with the aim of reducing the number of firearms in society. It claims that less gun ownership will improve safety and security in South Africa. It campaigns for strict gun control laws and promotes firearm-free and gun-free zones.
The Law
The Firearm Control Act 60 of 2000 & Regulations, together with amendments and regulations forms the legal framework for gun ownership in South Africa. All current firearms owners, approximately 2.6 to 3 million according to the SA Central Firearm Registry, are required by the Act to re-register their firearms. It's constitutionality is currently being challenged in two high profile cases.The South African Hunters Association is challenging the act, in particular the government's non-compliance with compensation aspects of the law. The argument is that if a citizen is deprived of property, eg. the surrender of a firearm, due to compliance with the act, the government must compensate the citizen for lost property, as is provided for in the act. Police officers and officials have been instructed not to provide citizens with the necessary documentation to apply for compensation or outright and illegally denying that any compensation is available to those surrendering firearms.
The Black Gun Owners Association of South Africa is challenging the loss of revenue and employment, and is seeking compensation for the loss of income. Furthermore, it is challenging the political motivations of the act, as they believe their members are being unfairly victimized by the act's implementation.
External links
- Firearms Control Act, 2000 (Act 60 of 2000)
- Gun Control Alliance (Gun Free South Africa) - South Africa
- Gun Owners of South Africa
- South African Gunowners Association
- http://www.youtube.com/watch?v=DZmP93NVrSU Regarding the Black Gun Owners Association Lawsuit.
- http://www.timeslive.co.za/local/article554333.ece/Black-gun-association-to-sue-government BGOASA Lawsuit
- http://www.gunownerssa.org/downloads/2010-call-for-submissions/GOSA-submission.pdf Reply to Government Enquiry by Gun Owners South Africa
- http://www.gunownerssa.org/downloads/2010-call-for-submissions/41555185.pdf Government Request for Submissions
- http://www.news24.com/SouthAfrica/News/8-000-Saps-firearms-missing-20090313 Article concerning Police firearm losses.