ARTICLE · 04 AUGUST 2020

What Are The Implications Of The Recent SCA Judgment For Firearm Owners?

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The South African Constitutional Court previously held that "(G)un ownership is not a fundamental right under our Bill of Rights. It is a privilege regulated by law, under the Firearms Control Act."

South AfricaGovernment, Public Sector

Willem Van Der Colff

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The South African Constitutional Court previously held that "(G)un ownership is not a fundamental right under our Bill of Rights. It is a privilege regulated by law, under the Firearms Control Act."

The objectives of the Firearms Control Act, 2000 (the "Act"), involves the prevention of the proliferation of illegally owned firearms. According to the Constitutional Court, the Act seeks to achieve this by imposing the following restrictions on gun ownership:

No person may possess a firearm without a valid licence;
No licence may be issued to a person without a relevant competency certificate;
A licence is valid only for a limited period, after which the gun owner must either apply for a new licence or surrender their firearm to the South African Police Service ("SAPS"); and

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