| (a) |
All competency certificates, licences, authorisations and permits issued in terms of this Act to any person who becomes or is declared unfit to possess a firearm in terms of section 102 or 103, cease to be valid from the date of the conviction, or the declaration, as the case may be. |
| (b) |
Despite the noting of an appeal against the decision of a court or of the Registrar, the status of unfitness contemplated in paragraph (a) remains in effect pending the finalisation of the appeal. |
| (2) |
A person who becomes or is declared unfit to possess a firearm or muzzle loading firearm in terms of section 102 or 103 must within 24 hours surrender to the nearest police station— |
| (a) |
all competency certificates, licences, authorisations and permits issued to him or her in terms of this Act; |
| (b) |
all firearms or muzzle loading firearms in his or her possession; and |
[Section 104(2)(b) substituted by section 32(b) of Act No. 28 of 2006]
[Section 104(2) substituted by section 32(a) of Act No. 28 of 2006]
| (a) |
A person who has surrendered his or her firearm or muzzle loading firearm as contemplated in subsection (2) must dispose of the firearm and ammunition or muzzle loading firearm through a dealer or in such manner as the Registrar may determine— |
| (i) |
if an appeal is lodged and that appeal is unsuccessful, within 60 days of the finalisation of the appeal; or |
| (ii) |
if no appeal is lodged, within 60 days of the receipt of a written notice from the Registrar informing the person of his or her unfitness to possess a firearm or muzzle loading firearm. |
| (b) |
If the firearm and ammunition or muzzle loading firearm are not disposed of within 60 days, they must be forfeited to the State and destroyed or disposed of as prescribed. |
| (c) |
The period of 60 days, referred to in this subsection may be extended by the Registrar on good cause shown. |
| (d) |
For the purposes of paragraph (a), the Registrar must release the firearm and ammunition or muzzle loading firearm in question to a dealer identified by the relevant person, for disposal by that dealer on behalf of the person. |
[Section 104(3) substituted by section 32(c) of Act No. 28 of 2006]
| (a) |
The holder of an additional licence referred to in section 12(1) may, if the holder of the licence becomes or is declared unfit to possess a firearm, apply to the Registrar for the issue of a new licence in his or her name. |
| (b) |
If the holder of an additional licence does not make an application referred to in paragraph (a) within 30 days of the— |
| (i) |
date on which the time for an appeal elapses; or |
| (ii) |
finalisation of the appeal if it does not affect the status of unfitness, the additional firearm licence lapses. |
| (5) |
If the decision leading to the status of unfitness to possess a firearm or muzzle loading firearm of any person is set aside, any seized or surrendered firearm, ammunition, muzzle loading firearm, licence, permit or authorisation belonging to any such person, must be returned. |
[Section 104(5) substituted by section 32(d) of Act No. 28 of 2006]
| (6) |
Subject to section 9(3)(b) and after a period of five years calculated from the date of the decision leading to the status of unfitness to possess a firearm or muzzle loading firearm, the person who has become or been declared unfit to possess a firearm or muzzle loading firearm may apply for a new competency certificate, licence, authorisation or permit in accordance with the provisions of this Act. |
[Section 104(6) substituted by section 32(d) of Act No. 28 of 2006]
Financial Management of Parliament Act, 2009
