Firearms Control Act, 2000 (Act No. 60 of 2000)

Chapter 14 : Search and seizure

114. Ballistic testing

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(1)Any police official may seize, test-fire and examine such number of firearms or muzzle loading firearms as are necessary or such ammunition as is necessary, if—
(a)there are reasonable grounds to suspect that one or more of the firearms or muzzle loading firearms or the ammunition has been used in the commission of an offence which is punishable in terms of this Act with imprisonment for a period of five years or longer; and
(b)there are reasonable grounds to believe that one or more of the firearms or muzzle loading firearms or the ammunition or the results of the test-firing and examination, will be of value in the investigation by excluding or including —
(i)one or more of those firearms or muzzle loading firearms or the ammunition as having been used in the commission of the offence; or
(ii)one or more persons as possible perpetrators of the offence.

 

(2)The person who has control over a firearm, muzzle loading firearm or ammunition seized in terms of this section must immediately return it or otherwise dispose of it in terms of this Act when it is clear that it will not be of value as evidence.

 

[Section 114 amended by section 36 of Act No. 28 of 2006]