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

Chapter 15 : Presumptions

118. Presumptions relating to failure to report

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(1)Whenever a person is charged with an offence in terms of this Act of failing to report the loss, theft or destruction of a firearm, or the dispossession of a firearm, and it is proved that such person was, at the time, the licensed or authorised possessor of the firearm alleged to have been lost, stolen or destroyed or dispossessed of, proof that the person has failed to produce such firearm within seven days of the request by a police official to do so, will, in the absence of evidence to the contrary which raises reasonable doubt, be sufficient evidence that the firearm has been lost, stolen or destroyed or dispossessed of.

[Section 118(1) substituted by section 38 of Act No. 28 of 2006]

 

(2)Whenever a person is charged with an offence in terms of this Act of failing to furnish information or particulars on request of a police official and it is proved that such person was, at the time, the licensed or authorised possessor of the firearm alleged to have been lost, stolen or destroyed, proof that the person has failed to produce such information or particulars within seven days of the request of a police official to do so, will, in the absence of evidence to the contrary which raises reasonable doubt, be sufficient evidence that the person has failed to furnish such information or particulars.