Section 120 of the Firearms Control Act, 2000 (Act No. 60 of 2000), is hereby amended—
| (a) | by the substitution in subsection (10) for paragraph (b) of the following paragraph: |
| ‘‘(b) | be in possession of any firearm, airgun, deactivated firearm, muzzle loading firearm, or imitation firearm [or ammunition], with intent to commit an offence or to use the firearm, airgun, deactivated firearm, muzzle loading firearm, or [an] imitation firearm to resist arrest or prevent the arrest of another person.’’; and |
| (b) | by the insertion of the following subsections after subsection (10): |
| ‘‘(10A) | In determining whether a person intends to use the firearm, airgun, deactivated firearm, muzzle loading firearm or imitation firearm to commit an offence, all relevant factors, including, but not limited to, the following must be taken into account: |
| (a) | The place and time where the person is found; |
| (b) | the behavior of the person, including the making of any threat or the display of intimidatory behavior; |
| (c) | the manner in which the firearm, airgun, deactivated firearm, muzzle loading firearm or imitation firearm is carried or displayed; |
| (d) | whether the possession of the firearm, airgun, deactivated firearm, muzzle loading firearm or imitation firearm was within the context of drug dealing, gang association, organised crime or any other criminal activity; or |
| (e) | any other relevant factors, including any explanation the person may wish to provide for his or her possession of the firearm, airgun, deactivated firearm, muzzle loading firearm or imitation firearm: Provided that this paragraph shall not be interpreted as an obligation on the person to explain his or her possession of the firearm, airgun, deactivated firearm, muzzle loading firearm or imitation firearm. |
| (10B) | The provisions of subsection (10)(b) do not apply to the following activities: |
| (a) | The pursuit of any lawful employment, duty or activity; |
| (b) | the participation in any cultural or religious activities, or lawful sport, recreation, or entertainment; or |
| (c) | the legitimate collection, display or exhibition of a firearm, airgun, deactivated firearm, muzzle loading firearm or imitation firearm.’’. |
