Financial Management of Parliament Act, 2009
R 385
Firearms Control Act, 2000 (Act No. 60 of 2000)Chapter 11 : Exemptions98. Possession and use of firearms by Official Institution |
| (1) |
| (a) | Subject to this section, an employee of an Official Institution may not possess a firearm under the control of the Official Institution without a permit issued in terms of this Chapter. |
| (b) | Employees of the South African National Defence Force are exempted from the obligation to have a permit in respect of military firearms issued to them— |
| (i) | while performing official duties under military command; and |
| (ii) | if they have in their possession a written order, instruction or route form specifying the duty to be performed and the nature and type of firearm they are authorised to carry. |
| (c) | Employees of the South African National Defence Force are exempted from the obligation to have a permit in respect of military firearms in their possession or under their control for the purpose of performing official duties, if those firearms are mounted in or on a military weapons system. |
| (2) | Only the head of an Official Institution, or someone delegated in writing by him or her, may issue a permit to an employee of that Official Institution to possess and use a firearm under its control. |
| (3) | A permit issued in terms of this Chapter must contain such information as may be prescribed. |
| (4) | The head of an Official Institution may impose conditions on the possession and use of the firearms and ammunition under the control of that Official Institution and may issue instructions to employees of that Official Institution prescribing conditions relating to the acquisition, storage, transport, carrying, possession, use and disposal of such firearms and ammunition. |
| (5) | Unless the permit referred to in subsection (2) indicates otherwise, the employee must— |
| (a) | when on duty, carry any handgun under his or her control on his or her person in a prescribed holster; |
| (b) | at the end of each period of his or her duty, return the firearm in question to the place of storage designated for this purpose by the Official Institution; and |
| (c) | when traveling with a firearm, carry the firearm on his or her person or in a secure place under his or her direct control. |
| (6) |
| (a) | Despite subsection (5), the head of an Official Institution may authorise an employee to— |
| (i) | have the firearm in his or her possession after his or her working hours; |
| (ii) | carry the firearm on his or her person outside the premises of his or her workplace; or |
| (iii) | store the firearm at his or her place of residence. |
| (b) | Paragraph (a) does not apply to an Official Institution contemplated in section 95(a)(v) and (vi), unless the Registrar determines in writing that it does so apply. |
| (7) | The holder of a permit contemplated in subsection (2) must carry that permit on his or her person when he or she is in possession of a firearm. |
| (8) | The head of an Official Institution may only issue a permit in terms of subsection (2) if the employee— |
| (a) | is a fit and proper person to possess a firearm; and |
| (b) | has successfully completed the prescribed training and the prescribed test for the safe use of a firearm. |
| (9) |
| (a) | The head of an Official Institution must report the loss or theft of any firearm immediately to the Registrar and to the nearest police station. |
| (b) | For the purposes of this subsection ‘‘nearest police station’’ means the police station nearest to the place where the loss or theft occurred. |
| (10) | An Official Institution may only dispose of or destroy a firearm under its control in the prescribed manner. |
