The National Hunting and Sport Shooting Association and The South African Arms and Ammunition Dealers Association (SAAADA) have achieved a successful court victory in the Gauteng High Court.
The Court confirmed that the expiry, lapse or non-renewal of a firearm licence does not automatically extinguish ownership of the firearm. The judgment further held that firearms belonging to deceased estates remain assets of the estate and may be lawfully administered by executors.
Importantly, the Court ruled that licensed firearm dealers may lawfully receive firearms from owners whose licences have expired, as well as from deceased estates, for safekeeping, storage, transfer, sale, disposal and relicensing purposes.
The Court also declared that SAPS directives, policies, administrative practices and electronic system restrictions that prevent dealers from accepting such firearms are unlawful, unconstitutional and invalid. SAPS has been ordered to amend its directives and systems to comply with the judgment.
This is a significant win for firearm owners, hunters, sport shooters, collectors, firearm dealers and deceased estates across South Africa. The judgment reinforces the principle established in Minister of Police v Fidelity Security Services that ownership and possession are distinct legal concepts, and that ownership survives the expiry of a firearm licence.
Well done to NHSA and SAAADA for taking on this important matter and achieving greater legal certainty for the firearm community. Your efforts have benefited thousands of lawful firearm owners throughout South Africa
