| (1) |
A person requiring a competency certificate, licence, permit, authorisation, as well as, a duplicate thereof or renewal to be issued for a purpose contemplated in the Act, must apply to the Registrar for such competency certificate, licence, permit, authorisation, duplicate or renewal. |
| (2) |
An applicant referred to in subregulation (1), must submit the duly completed relevant application form, prescribed in Annexure "A" and the required information together with any required supporting documents. |
| (3) |
The application form must be completed in black ink by the applicant personally or, in the case of a juristic person, by the responsible person contemplated in section 7 of the Act. |
(4)
| (b) |
When an applicant submits an application in accordance with subparagraph (a), the applicant must provide a certified copy of the page in his or her officially issued identity document or passport on which his or her photo and particulars are reflected. |
(5) When the applicant is a juristic person—
| (a) |
the Registrar may require additional information to the information requested on the application form, in respect, of any person who is in control of the juristic person or is responsible for the management thereof; |
| (b) |
the application must be accompanied by proof of the registration or incorporation , as the case may be, of the juristic person in accordance with the laws of the Republic of South Africa; |
| (c) |
the application must be accompanied by a certified copy of the resolution or decision of the juristic person, nominating the responsible person to apply on its behalf; and |
| (d) |
rendering a security service as defined in section 1 of the Private Security Industry Regulation Act, 2001 (Act No. 56 of 2001), the application must be accompanied by documentary proof of registration with the Private Security Industry Regulatory Authority, contemplated in the Private Security Industry Regulation Act, 2001 (Act No. 56 of 2001). |
| (6) |
Whenever payment of any prescribed fee has been made at a police station under regulation 96, documentary proof of the payment, must be attached to the relevant application. |
| (7) |
Any person providing a recommendation concerning the character of an applicant in support of an application made for a purpose contemplated in the Act, must also state whether the applicant, to the best of such person’s knowledge and belief, is— |
| (a) |
a fit and proper person to be issued with the competency certificate, licence, permit or authorisation applied for; |
| (b) |
of a stable mental condition and is not inclined to violence; and |
| (c) |
not dependent on any substance which has an intoxicating or narcotic effect. |
(8)
| (a) |
A person who provides a recommendation as envisaged in subregulation (7) may be asked by a relevant Designated Firearms Officer, or a person acting on the written authority of the relevant Designated Firearms Officer to provide further information regarding the recommendation. |
| (b) |
Any failure or refusal by the person to provide such reasonable and relevant information requested by a relevant Designated Firearms Officer may render the recommendation ineffective. |
| (c) |
No person is compelled to provide further information regarding a recommendation. |
(9)
| (a) |
A full set of fingerprints of an applicant as required in section 6(1)(a) of the Act, must be taken by the relevant Designated Firearms Officer or designated personnel at a police station on the officially prescribed form used by the South African Police Service for such purpose. |
| (b) |
For the purpose of an import, export or in-transit permit contemplated in Chapter 8 of the Act, the Registrar may, in respect of a non-citizen who is not resident in the Republic of South Africa, accept such set of fingerprints as may be expedient in the circumstances. |
| (10) |
An acknowledgment of receipt of an application must only be issued to the applicant if the application is, to the satisfaction of the Registrar, duly completed and accompanied by all the required information and documentation, and after the identity of the applicant on the required set of her or his fingerprints, has been verified by the relevant Designated Firearms Officer. |
| (11) |
A nomination replacing a responsible person in compliance with section 7(4) of the Act must be made and be accompanied by such documents and information as required on the prescribed form in Annexure "A". |
| (12) |
The Registrar may only issue a licence, permit, authorisation or renewal to a person who complies with the requirements as prescribed in these regulations regarding the safe custody of firearms or ammunition. |
| (13) |
An acknowledgment of receipt as contemplated in subregulation 10 issued for an application for a renewal, is upon production in a court sufficient proof of compliance with the requirement of section 24 of the Act. |
| (14) |
A private or public collector who applies for a licence to possess a prohibited or restricted firearm, must in addition to the requirements of regulation 14, submit the following additional information— |
| (a) |
a detailed written motivation in support of the application, which must be verified as correct by the accredited collectors association of which the applicant is a member; and |
| (b) |
in the event of a rifle grenade, projectile or rocket contemplated in section 4(1)(d) of the Act, a report from the local explosives officer appointed in terms of the Explosives Act, 1956 (Act No. 26 of 1956) confirming that the rifle grenade, projectile or rocket is free from explosives and are marked in such a non-damaging way by means of a securely attached metal tag. |
[Regulation 13(14)(b) substituted by section 8 of the Firearms Control Regulations, 2012, dated 1 March 2012]
| (15) |
The holder of a manufacturer’s licence who wishes to apply to manufacture a type of firearm or calibre of ammunition that is not specified on the manufacturer’s licence, must, with every such application, in addition to the requirements of regulation 13, submit the following additional information— |
| (a) |
the technical specifications regarding the firearm and ammunition; |
| (b) |
the technical drawings regarding the firearm and ammunition; |
| (c) |
a South African Police Service ballistics evaluation report; and |
| (d) |
insofar as is applicable, a permit or authorisation issued in terms of the Explosives Act, 1956 (Act No. 26 of 1956) and the National Conventional Arms Control Act, 2002 (Act No. 41 of 2002). |
(16)
| (a) |
The Registrar may for the purpose of identification of the holder of a licence, permit or authorisation, affix a photograph and fingerprint of the holder to the relevant licence, permit or authorisation. |
| (b) |
The applicant must provide a photograph at the request of the Registrar. |
| (c) |
A photograph contemplated in paragraphs (a) and (b) must— |
| (iii) |
show a full unobscured front view of the applicant’s head, face and shoulders and have a neutral background; and |
| (iv) |
be to the dimensions of 32 mm (width) x 40 mm (height). |
| (17) |
The Registrar may require from an applicant to furnish any such further information as may be necessary for the Registrar to exercise discretion to fulfill his or her functions under the Act. |
Financial Management of Parliament Act, 2009
