SAGA News

 

Friday, 05 May 2017 09:05

UPDATE ON COURT CASE HELD ON 25TH & 26TH APRIL 2017 CONCERNING EXPIRED LICENCES

UPDATE ON COURT CASE HELD ON 25TH & 26TH APRIL 2017 CONCERNING EXPIRED LICENCES

We wish to advise that SAGA’s legal representatives, Advocate John Welch and Damian Enslin, attended on the SA Hunters case on 25th and 26th April 2017 in the North Gauteng High Court.

SAGA’s legal representatives are of the view that the SA Hunters’ legal representatives gave a really good account of the matter as well as focused on the crux of  the matter, which is Section 24 read with Section 28(1) of the FCA and why it is unconstitutional.

The Judge who presided over the matter, Judge Ronel Tolmay, reserved judgment and although she could not indicate a specific time frame for handing down the judgment, we are hopeful that judgment will be handed down within the next few months.

We are optimistic that the Judge will rule in SA Hunters favour, but there are a number of technical issues, as well as a plethora of issues that the Judge would have to deal with before she could come to a decision.

Our advice to all those members who are in possession of firearms with expired licences, is that the firearms should be retained in your safe pending the conclusion of the court case.

In the second application (instructing attorney being Martin Hood), brought by SAAADA (SA Arms and Ammunition Dealers Association), SAAADA’s legal representatives were able to obtain an Order to the effect that the police are not allowed to destroy any firearms handed in for safekeeping purposes pending the re-application of a firearm, due to an expired licence.

We have also heard rumours of an amnesty possibly from 1st June 2017. SAGA representatives are busy investigating this and will advise members once there is clarity.

We reiterate that SAGA members with expired firearm licences should retain such firearms in their safe pending the conclusion of the SA Hunters Court case, and/or the amnesty.

Unfortunately you cannot transfer, sell or even hand in firearms with expired licences to a registered dealer, as the Firearms Control Act does not allow for this.

However, should you wish to surrender the firearm to the police (and you do not have to do so unless you feel you want to), please advise the police that the firearm has been earmarked for re-application and that you do not want to hand the firearm in for destruction.

SAGA will advise members when we have updates on these matters.

Issued: Thursday 4 May 2017 at 11:20--

Issued by: The SAGA Office