| (1) |
Unless the court determines otherwise, a person becomes unfit to possess a firearm or muzzle loading firearm if convicted of— |
| (a) |
the unlawful possession of a firearm or ammunition or muzzle loading firearm; |
[Section 103(1)(a) substituted by section 31(c) of Act No. 28 of 2006]
| (b) |
any crime or offence involving the unlawful use or handling of a firearm or muzzle loading firearm, whether the firearm or muzzle loading firearm was used or handled by that person or by another participant in that offence; |
[Section 103(1)(b) substituted by section 31(c) of Act No. 28 of 2006]
| (c) |
an offence regarding the failure to store firearms or ammunition in accordance with the requirements of this Act; |
| (d) |
an offence involving the negligent handling or loss of a firearm while the firearm was in his or her possession or under his or her direct control; |
| (e) |
an offence involving the handling of a firearm or muzzle loading firearm while under the influence of any substance which has an intoxicating or narcotic effect; |
[Section 103(1)(e) substituted by section 31(d) of Act No. 28 of 2006]
| (f) |
any other crime or offence in the commission of which a firearm or muzzle loading firearm was used, whether the firearm or muzzle loading firearm was used or handled by that person or by another participant in the offence; |
[Section 103(1)(f) substituted by section 31(d) of Act No. 28 of 2006]
| (g) |
any offence involving violence, sexual abuse or dishonesty, for which the accused is sentenced to a period of imprisonment without the option of a fine; |
| (h) |
any other offence under or in terms of this Act in respect of which the accused is sentenced to a period of imprisonment without the option of a fine; |
| (i) |
any offence involving physical or sexual abuse occurring in a domestic relationship as defined in section 1 of the Domestic Violence Act, 1998 (Act No. 116 of 1998); |
| (j) |
any offence involving the abuse of alcohol or drugs; |
| (k) |
any offence involving dealing in drugs; |
| (l) |
any offence in terms of the Domestic Violence Act, 1998 (Act No. 116 of 1998) in respect of which the accused is sentenced to a period of imprisonment without the option of a fine; |
| (m) |
any offence in terms of the Explosives Act, 1956 (Act No. 26 of 1956), in respect of which the accused is sentenced to a period of imprisonment without the option of a fine; |
| (n) |
any offence involving sabotage, terrorism, public violence, arson, intimidation, rape, kidnapping, or child stealing; or |
| (o) |
any conspiracy, incitement or attempt to commit an offence referred to above. |
[Section 103(1) amended by section 31(b) of Act No. 28 of 2006]
| (a) |
A court which convicts a person of a crime or offence referred to in Schedule 2 and which is not a crime or offence contemplated in subsection (1), must enquire and determine whether that person is unfit to possess a firearm. |
| (b) |
If a court, acting in terms of paragraph (a), determines that a person is unfit to possess a firearm, it must make a declaration to that effect. |
| (3) |
A court which has convicted a person of a crime or an offence contemplated in subsection (1), has made a determination contemplated in that subsection or has made a declaration in terms of subsection (2) must notify the Registrar in writing of that conviction, determination or declaration. |
| (4) |
Unless a determination that a person is not unfit to possess a firearm has been made in terms of subsection (1), a notice contemplated in subsection (3) must be accompanied by a court order for the immediate search for and seizure of— |
| (a) |
all competency certificates, licences, authorisations and permits issued to the relevant person in terms of this Act; |
| (b) |
all firearms in his or her possession; and |
| (c) |
all ammunition in his or her possession. |
| (5) |
A firearm and any other item seized in terms of subsection (4) must be kept by the South African Police Service or, if appropriate, by the Military Police, until an appeal against the conviction or sentence has been finalised or the time for an appeal has elapsed. |
| (6) |
This section does not apply in respect of the payment of an admission of guilt fine in terms of section 57 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977). |
[Section 103(6) inserted by section 31(e) of Act No. 28 of 2006]
| (7) |
When a person becon1es or is declared unfit to possess a firearm or muzzle loading firearm in terms of this section, the court dealing with the case must determine the duration of unfitness, which duration must depend on the seriousness of the conduct which gave rise to the unfitness and which may not be less than I 0 years calculated from the date of conviction. |
[Section 103(7) inserted by section 31(e) of Act No. 28 of 2006]
[Section 103 amended by section 31(a) of Act No. 28 of 2006]
Financial Management of Parliament Act, 2009
