| (1) |
The Registrar may declare a person unfit to possess a firearm or muzzle loading firearm if, on the grounds of information contained in a statement under oath or affirmation including a statement made by any person called as a witness, it appears that— |
| (a) |
a final protection order has been issued against such person in terms of the Domestic Violence Act, 1998 (Act No. 116 of 1998); |
| (aA) |
a final protection order has been issued against such person in terms of the Protection from Harassment Act, 2011; |
| (b) |
that person has expressed the intention to kill or injure himself or herself or any other person by means of a firearm, muzzle loading firearm or any other dangerous weapon; |
[Section 102(1)(b) substituted by section 30(c) of Act No. 28 of 2006]
| (c) |
because of that person’s mental condition, inclination to violence or dependence on any substance which has an intoxicating or narcotic effect, the possession of a firearm or muzzle loading firearm by that person is not in the interests of that person or of any other person; |
[Section 102(1)(c) substituted by section 30(c) of Act No. 28 of 2006]
| (d) |
that person has failed to take the prescribed steps for the safekeeping of any firearm; |
| (e) |
that person has provided information required in terms of this Act which is false or misleading; or |
| (f) |
that person has paid an admission of guilt fine contemplated in section 103(6) in respect of an offence contemplated in section 103(1) or 103(2)(a). |
[Section 102(1)(f) inserted by section 30(d) of Act No. 28 of 2006]
[Section 102(1) amended by section 30(b) of Act No. 28 of 2006]
| (2) |
A declaration under subsection (1) may only be issued if the Registrar— |
| (a) |
by notice in writing delivered by hand to the person, has called upon the person to appear before the Registrar at a time and place determined therein in order to advance reasons as to why that person should not be declared unfit to possess a firearm or muzzle loading firearm; |
[Section 102(2)(a) substituted by section 30(e) of Act No. 28 of 2006]
| (b) |
has given that person a reasonable opportunity to advance reasons as to why the declaration should not be issued; |
| (c) |
has duly considered the matter having regard to— |
| (i) |
any reasons, submissions and evidence advanced under oath or affirmation by or on behalf of that person; or |
| (ii) |
any other information contained in a statement under oath or affirmation or evidence at his or her disposal; |
[Section 102(2)(c) substituted by section 30(f) of Act No. 28 of 2006]
| (d) |
is satisfied that the person is unfit as contemplated in subsection (1); and |
| (e) |
does not rely solely on the same facts relating to a conviction in respect of which a court has made a determination in terms of section 103(1) or (2) that the person is not unfit to possess a firearm or muzzle loading firearm. |
[Section 102(2)(e) substituted by section 30(g) of Act No. 28 of 2006]
| (2A) |
Upon proof that the notice contemplated in subsection (2)(a) was duly delivered or tendered to the person to whom it was addressed, the Registrar may proceed with an inquiry at the time specified in that notice, whether or not the person concerned complies with the notice. |
[Section 102(2A) inserted by section 30(h) of Act No. 28 of 2006]
| (3) |
Any person appearing in pursuance of a notice issued in terms of subsection (2)(a) is entitled to— |
| (a) |
be represented by a legal representative; |
| (b) |
request the Registrar to call, in the manner referred to in subsection (2)(a), any person who made a statement referred to in subsection (1), to appear before the Registrar; and |
| (c) |
examine the person who has been called in terms of subsection (1) or paragraph (b) to appear, or to cause him or her to be so examined by such legal representative. |
| (a) |
Section 183 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), applies with the necessary changes to any person called to appear before the Registrar in terms of subsection (2)(a), including any witness. |
| (b) |
For purposes of paragraph (a) the expression "to a fine not exceeding R300 or to imprisonment for a period not exceeding three months" where it occurs in section 183(2) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), must be construed to read as follows: "to a fine or to imprisonment for a period not exceeding 12 months". |
| (c) |
Section 181 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), applies with the necessary changes in respect of any witness whose appearance has been requested as contemplated in subsection (3)(b). |
[Section 102 amended by section 30(a) of Act No. 28 of 2006]
Financial Management of Parliament Act, 2009
