The Minister of Police yesterday asked the Constitutional Court not to confirm that two sections in the Firearms Control Act were unconstitutional. According to a TimesLIVE report, the sections‚ if declared unconstitutional‚ will disrupt the police’s goal of regulating firearm ownership by requiring that each firearm owner has a licence which expires after a certain period.

The court reserved judgment.

Before the Firearms Control Act of 2000‚ a licence to possess a firearm lasted for life. Legislation passed in 2000 required that each person wishing to own a firearm must be licensed to do so. The constitutional challenge in the Gauteng High Court (Pretoria) was brought by the SA Hunters and Game Conservation Association. According to the association‚ there were about 300 000 unlicensed firearm owners‚ most of whom simply forgot to renew the licences on time. They now find themselves at risk of being deemed to be in unlawful possession of firearms‚ a crime which attracts a 15-year sentence.

Arguing for the Minister of Police‚ Geoff Budlender SC said declaring as invalid the whole sections would not be an appropriate remedy.

Frank Snyckers SC‚ for the association‚ said as a result of the sections‚ a licensed firearm owner who failed to apply on time would be placed in the same position as the person who had bought an illegal firearm.

In its submissions‚ Gun Free SA said the licensing system in the Act played a crucial role in gun control. Fidelity Security Services said if the court found both sections to be constitutional‚ provisions of the Act should provide for the extension of a licence which is about to expire.

Full TimesLIVE report