Firearms Control Act, 2000 (Act No. 60 of 2000)Chapter 1 : Introductory Provisions1. Definitions |
In this Act, unless the context indicates otherwise:
"Accredit"
means accredit as contemplated in section 8;
"airgun"
means any device manufactured to discharge a bullet or any other projectile—
| (a) | of a calibre of less than 5.6mm (.22 calibre); or |
| (b) | at a mazzle energy of less than 8 joules (6ft-lbs), |
by means of compressed gas and not by means of burning propellant;
"Ammunition"
means a primer or cartridge;
[Definition substituted by section 1(a) of Act No. 28 of 2006]
"antique firearm"
[Definition deleted by section 1(b) of Act No. 28 of 2006]
"Appeal Board"
means the Appeal Board established by section 128;
"authorised person"
[Definition repealed by section 8 of the Criminal Law (Forensic Procedures) Amendment Act, 2013 (Act No. 37 of 2013)]
"body-prints"
[Definition repealed by section 8 of the Criminal Law (Forensic Procedures) Amendment Act, 2013 (Act No. 37 of 2013)]
for the purposes of section 18(2)(b) and 19(3), means a cartridge as described by dimensions and make, mark, model or type;
[Definition inserted by section 1(c) of Act No. 28 of 2006]
"cartridge"
means a complete object consisting of a cartridge case, primer (whether rimfire or otherwise), propellant and a bullet or shot, as the case may be;
[Definition substituted by section 1(d) of Act No. 28 of 2006]
"child"
[Definition repealed by section 8 of the Criminal Law (Forensic Procedures) Amendment Act, 2013 (Act No. 37 of 2013)]
"comparative search"
[Definition repealed by section 8 of the Criminal Law (Forensic Procedures) Amendment Act, 2013 (Act No. 37 of 2013)]
"competency certificate"
means a competency certificate contemplated in Chapter 5;
"dealer"
means any person who is licensed in terms of this Act to trade in firearms and ammunition;
"dedicated hunter"
means a person who actively participates in hunting activities and who is a member of an accredited hunting association;
"dedicated sports person"
means a person who actively participates in sports-shooting and who is a member of an accredited sports-shooting organisation;
"Designated Firearms Officer"
means a police official contemplated in section 124(2)(h);
for the purposes of section 118, means selling, supplying or in any other manner giving possession in contravention of section 120(10)(a);
[Definition inserted by section 1(e) of Act No. 28 of 2006]
"firearm"
means any—
| (a) | device manufactured or designed to propel a bullet or projectile through a barrel or cylinder by means of burning propellant, at a muzzle energy exceeding 8 joules (6 ft-lbs); |
| (b) | device manufactured or designed to discharge rim-fire, centre-fire or pin-fire ammunition; |
| (c) | device which is not at the time capable of discharging any bullet or projectile, but which can be readily altered to be a firearm within the meaning of paragraph (a) or (b); |
| (d) | device manufactured to discharge a bullet or any other projectile of a calibre of 5.6mm (.22 calibre) or higher at a muzzle energy of more than 8 joules (6 ft-lbs), by means of compressed gas and not by means of burning propellant; or |
| (e) | barrel, frame or receiver of a device referred to in paragraphs (a), (b), (c) or (d), |
but does not include a muzzle loading firearm or any device contemplated in section 5;
[Definition substituted by section 1(f) of Act No. 28 of 2006]
means a person who complies with the requirements of section 9(2) and any regulations relevant to the competency of a person to possess a firearm in terms of this act;
[Definition inserted by section 1(g) of Act No. 28 of 2006]
"fully automatic"
means capable of discharging more than one shot with a single depression of the trigger;
"gunsmith"
means any person who performs work contemplated in section 59, but who does not manufacture firearms;
"handgun"
means a pistol or revolver which can be held in and discharged with one hand;
"imitation firearm"
means anything that has the appearance of a firearm but is not capable of operating as such and cannot by superficial examination be identified as an imitation;
"juristic person"
includes a trust;
[Definition substituted by section 1(h) of Act No. 28 of 2006]
"load"
includes reload, and "loading" has a corresponding meaning;
"Minister"
means the Minister of Safety and Security;
means a barreled device that can fire only a single shot, per barrel, and requires after each shot fired the individual reloading through the muzzle end of the barrel with separate components consisting of a—
| (i) | measured charge of black powder or equivalent propellant; |
| (ii) | wad; and |
| (iii) | lead bullet, sabot or shot functioning as a projectile, and ignited with a flint, match, wheel or percussion cap; |
[Definition inserted by section 1(i) of Act No. 28 of 2006]
"National Commissioner"
means the National Commissioner of the South African Police Service, appointed in terms of section 207(1) of the Constitution;
means any person who, from time to time, participates in hunting activities;
[Definition substituted by section 1(j) of Act No. 28 of 2006]
"occasional sports person"
means any person who, from time to time, participates in sports-shooting;
[Definition substituted by section 1(k) of Act No. 28 of 2006]
"police official"
means—
| (a) | a member of the South African Police Service as defined in section 1 of the South African Police Service Act, 1995 (Act No. 68 of 1995), and a member of any municipal police service established in terms of that Act; |
| (b) | a person designated by the Minister as a police official under section 142; and |
| (c) | a member of the South African National Defence Force deployed in co-operation with the South African Police Service; |
"prescribed"
means prescribed by regulation;
"previous Act"
means the Arms and Ammunition Act, 1969 (Act No. 75 of 1969);
"private collector"
means a person who collects firearms or ammunition, who is a member of an accredited collector’s association and who is not a public collector;
means any person who supervises, escorts, offers to, or agrees to supervise or escort a client, for reward in connection with the hunting of a wild or exotic animal and who is authorised to do so in terms of any applicable provincial law;
[Definition inserted by section 1(l) of Act No. 28 of 2006]
"public collector"
means a person who collects firearms or ammunition for display to the public and is accredited as such;
"Registrar"
means the person referred to in section 123;
"regulation"
means a regulation made under section 145;
"restricted firearm"
means any firearm contemplated in section 14(1);
means the Secretary for Safety and Security appointed under section 2(2) of the South African Police Service Act, 1995 (Act No. 68 of 1995)
[Definition inserted by section 1(m) of Act No. 28 of 2006]
"security company"
[Definition deleted by the Firearms Control Amendment Act, 2003 (No. 43 of 2003)]
"security officer"
means a security officer as defined in section 1 of the Private Security Industry Regulation Act, 2001 (Act No. 56 of 2001);
"security service provider"
means a security service provider as defined in section 1 of the Private Security Industry Regulation Act, 2001 (Act No. 56 of 2001);
"semi-automatic"
means self-loading but not capable of discharging more than one shot with a single depression of the trigger;
"this Act"
includes any regulation;
"transfer"
includes selling, letting, donating, lending or otherwise parting with possession.