FIREARMS CONTROL BILL TABLED

The long-awaited Firearms Control Bill has been tabled in Parliament. This update summarises changes to the earlier draft bill, outlines the expected parliamentary timetable, and identifies opportunities for action.

Legislative history

The Firearms Control Bill would replace the existing apartheid-era legislation regulating gun ownership and use, the Arms and Ammunitions Act (Act 75 of 1969). A draft bill was published for public comment in December 1999. The bill tabled on 19 May included substantial revisions to address concerns about the constitutionality of several provisions and to take into account recommendations made in public submissions. [For a more complete history and a summary of the provisions of the draft bill, please refer to the Public Policy Update of 8 March 2000. For an assessment of the draft bill, see the SACC's submission.]

Due to the changes in the Bill, the Portfolio Committee on Safety and Security has published a new call for submissions by 12 June 2000. Several weeks of hearings on the bill are scheduled to commence on 14 June.

Key changes to the draft bill

The final bill retains most of the draft provisions, including the introduction of a system of competency certification and regular relicensing, a ban on firearms sales not conducted through a licensed dealer, tighter controls on state-owned weapons, recognition of firearm-free zones, and improvements to the firearms register. Important changes include:

Permitted weapons: The number of firearms which may ordinarily be licensed for use by a person for self-defence has been increased from one to two (a handgun and a shotgun). As in the draft bill, the total number of guns that may be licensed by an ordinary person for all uses remains at four, of which only one may be a handgun. A member of an accredited hunting, sports-shooting, or collectors association may have an unlimited number of firearms, provided additional license applications are supported by the head of the association. Tranquilliser guns and paintball guns have been added to the list of devices not considered firearms.

Presumptions: Chapter 15 permits the police and courts to presume, in certain situations, that a person is in possession of a particular firearm, even if she or he is not actually carrying it at the time. The draft bill required a person in most of these situations to prove that she or he was not in possession of the gun. If there was doubt about the matter, the presumption of would stand. The final bill eliminates this "reverse onus". The accused's obligation is now simply to raise reasonable doubt, not to disprove possession.

Administrative action: In an effort to prevent court dockets from becoming clogged with minor infractions of the firearms laws, the draft bill created a category of "administrative transgressions" and empowered the Registrar of Firearms to take action against transgressors. Some legal experts felt that this might be unconstitutional. Consequently, the final bill only allows the Registrar to impose a fine on a person who commits a minor infraction. That person may elect to pay the fine or to be tried in court. (A loss in court would, however, give the person a criminal record.)

Ministerial powers: The draft bill limited the sweeping powers to regulate the use of firearms granted to the Minister of Justice in terms of the existing apartheid-era legislation. The final bill curtails these powers even further. In particular, the Minister would only be able to impose emergency regulations for specific areas or purposes following the formal declaration of a State of Emergency.

What we can do

The Firearms Control Bill represents a substantial improvement over the existing law. It will strengthen the government's capacity to combat gun violence without imposing unnecessary constraints on responsible gun owners. However, pro-gun groups are conducting a vociferous and high-profile campaign against the bill. Supporters of gun control must take equally vigorous action to prevent the bill from being "watered down". Here are some things we can do:

1. Letters to the Editor: Write a letter to the editor of your local paper calling for stricter gun control and supporting rapid enactment of the Firearms Control Bill. It is particularly important to counter the gun lobby's misleading claim that the bill would "disarm" law-abiding citizens--when in fact it permits most people to have no less than four guns (unless they have been declared unfit to have any gun).

2. Write a submission: Write a submission in support of the bill. Submissions should be posted to the Clerk of the Portfolio Committee on Safety and Security, PO Box 15, Cape Town 8000 or faxed to (021) 403 8676. Either way, they should arrive before the 12 June deadline. You may write as an individual, but your submission will be more effective if it comes from your church or community organisation. You may wish to look at the full text of the bill and the Gun Control Alliance's tips on writing submissions when preparing your submission.

3. Letters to the Committee: Write directly to key party representatives on the Portfolio Committee. You can write to any Member of Parliament at PO Box 15, Cape Town 8000, or fax them directly. Key committee members (and relevant fax numbers) include:

It is also helpful if you send copies of your letters and submissions to the SACC Public Policy Liaison Office by fax or e-mail for our records.