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

Regulations

Firearms Control Fees Amendment Regulations, 2020

Chapter 12 : General provisions

105. Deactivation of firearms
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(1)An application by the holder of a licence, authorisation or permit to deactivate a firearm must be made on the applicable form determined in Annexure "A".

 

(2)The application and the firearm must be submitted to the Designated Firearms Officer, together with the licence, authorisation or permit to possess the firearm.

 

(3)On receipt of the application, licence, authorisation or permit and the firearm, the Designated Firearms Officer must issue an acknowledgment of receipt.

 

(4)The Designated Firearms Officer must forward the firearm for ballistic testing.

 

(5)The Designated Firearms Officer must forward the application and ballistic report to the Registrar for necessary consideration.

 

(6)The Registrar must, after consideration provide the Designated Firearms Officer with a notice of approval or refusal to deactivate the firearm.

 

(7)After approval has been obtained from the Registrar, the Designated Firearms Officer must against a written acknowledgment of receipt, hand the firearm to the gunsmith appointed by the holder of the licence, authorisation or permit to deactivate the firearm.

 

(8)The gunsmith must update the "Firearms Repair Register" by indicating that the authority to deactivate the firearm has been received.

 

(9)A gunsmith must deactivate a firearm in the following manner:

 

(a)Barrel and Chamber:

In the case of a muzzle loading firearm a tight fitting metal plug to be inserted from the muzzle end, driven down to the chamber, and pinned and welded in place to prevent the loading of a powder charge.

[Subregulation (9)(a) inserted by section 18(a) of the Firearms Control Regulations, 2012, dated 1 March 2012]

 

(b)Revolver cylinder:

A tight fitting metal plug to be inserted from the rear end and welded in place to prevent chambering of a cartridge or loading of a powder charge.

 

(c)Firing Pin:

In the case of a muzzle loading firearm the percussion cap hole, or flash pan hole, as the case may be, to be closed by welding.

[Subregulation (9)(c) inserted by section 18(b) of the Firearms Control Regulations, 2012, dated 1 March 2012]

 

(d)Breech face:

75% or more to be removed at an angle of 45º.

In the case of a revolver "breech face" refers to the area supporting the base of the cartridge in line with the barrel.

 

(e)Slide, Bolt or Breech-block:

75% or more of the locking surfaces to be removed at an angle of 45º.

 

(f)Frame or Receiver:

75% or more of the feed-ramp, locking shoulders and supports to be removed and a metal obstruction welded in place to prevent a standard slide, bolt or breech-block from being fitted.

 

(g)firearms deactivated to a previous South African Police Service requirement applicable prior to the implementation of this Act or to the official United Kingdom Proof-house or European Union specification will be deemed to have been deactivated according to this Act.

[Subregulation (9)(g) substituted by section 18(c) of the Firearms Control Regulations, 2012, dated 1 March 2012]

 

(10)The deactivated firearm and a certificate issued by the gunsmith wherein it is confirmed that the deactivation in accordance with those prescripts have been completed must be handed to the Designated Firearms Officer.

 

(11)On receipt of the deactivation certificate and after the inspection of the firearm by the Designated Firearms Officer, the Registrar must cause the licence, authorisation or permit to be cancelled and destroyed.

 

(12)The Registrar must forward a notice of the cancellation to the holder of the licence, authorisation or permit.

 

(13)No person may deactivate a firearm without the prior permission by the Registrar having been obtained in writing. The Registrar shall only consent to the deactivation of a firearm with due regard and compliance with the provisions of the National Heritage Resources Act, 1999 (Act No. 25 of 1999) as imposed by the South African Heritage Resources Authority or their nominated agents.