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Firearms Control Act, 2000 (Act No. 60 of 2000)

Chapter 14 : Search and seizure

110. Chapter 2 of Criminal Procedure Act, 1977, to apply

 

(1) Chapter 2 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), applies with the necessary changes to the entry of premises, search for and seizure of any firearm, muzzle loading firearm, imitation firearm, airgun, device or ammunition referred to in this Act.

[Section 110(1) amended by section 33 of Act No. 28 of 2006]

 

(2) In the application of Chapter 2 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), as contemplated in subsection (1), section 20 of the said Act must be construed as if the following paragraph had been added to it:

"(d) which is a firearm, muzzle loading firearm or ammunition as defined in section 1 of the Firearms Control Act, 2000 (Act No. 60 of 2000), and is on reasonable grounds believed to be in the possession or under the control of a person, who by reason of any physical or mental condition, is incapable of having proper control of any firearm, muzzle loading firearm or ammunition or who by such reason presents a danger of harm to himself or herself or to any other person.".

[Section 110(2) amended by section 33 of Act No. 28 of 2006]

 

(3) Despite sections 30 and 31 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), any article referred to in subsection (1), which is lawfully seized by the State, may be dealt with or disposed of in accordance with the provisions of this Act.

 

(4) This Chapter does not derogate from any power conferred by any other law to enter any premises or search any person, container or premises or to arrest any person or to seize any matter, to declare any matter forfeited or to dispose of any matter.