implementation of firearms control legislation in south africa
DESCRIPTION
IMPLEMENTATION OF FIREARMS CONTROL LEGISLATION IN SOUTH AFRICA. PRESENTATION TO THE PORTFOLIO COMMITTEE FOR SAFETY AND SECURITY 2002-09-04. AIM OF THE PRESENTATION. The aim of this presentation is to provide you with a holistic overview of the implementation of the Firearms Control Legislation. - PowerPoint PPT PresentationTRANSCRIPT
IMPLEMENTATION OF FIREARMS CONTROL
LEGISLATION IN SOUTH AFRICA
PRESENTATION TO THE PORTFOLIO COMMITTEE FOR
SAFETY AND SECURITY2002-09-04
AIM OF THE PRESENTATION
The aim of this presentation is to provide you with a holistic overview of the implementation of the Firearms Control Legislation
SCOPE OF THE PRESENTATION SAPS Strategy Implementation Processes For Firearms
Control Legislation Broad Implementation Plan For The Firearms
Control Act Communication Impact Contentious Issues Conclusion
Firearm Strategy
South African Police Service
FIREARMS STRATEGY
To eradicate the proliferation of firearms for use and
availability in crime and violence in South Africa
SAPS FIREARMS STRATEGY
Focus areas of Strategy Regulators Processes and Procedures Operational Issues Social Crime Prevention Regional & Sector Co-operation
Management Structure of FA Strategy
PRIORITY COMMITTEE
FIREARMS STRATEGY
Regulators
Control
Process &
Procedure
Operational
Issues
Social Crime
Prevention
Regional & Sector
Cooperation
Programme Office
SAPS FIREARM STRATEGY Develop and maintain
appropriate firearm related regulators
ensure effective control processes and procedures regarding firearms
reduce and eradicate the illegal pool and criminal use of firearms
ensure prevention of crime and violence through public and civil awareness and social design
Regional and Sector Co-operation
Policy , Legislation , standing orders, national instructions
Control processes currently located within the Central Firearms Register and the Registrar of Firearms
Operational crime combating approach
Crime prevention initiatives i.t.o public awareness and education campaigns
Management of SAPS Regional intervention on Firearms, eg Ops Rachel
IMPLEMENTATION PROCESSES FOR FIREARMS CONTROL LEGISLATION
IMPLEMENTATION OF PROCESSES FOR FIREARMS CONTROL
Designated Police Officials(DPO’s) Licencing
– Firearms Registration Centres– Enabled Police Stations
Firearm Control IT System– Current Firearm Registration System– Interim Firearm Control System– New Firearm Control System
Designated Firearms Officials
Structured At Provincial , Area and Police Station level
Responsibilities /Functions Firearms Registration Centres Enabled Police Stations Alternative Model - Gauteng
MODEL OF FIREARMS REGISTRATION CENTRE
Host SAPSStation
ServicedSAPSStation
FirearmRegistrationCentre
ServicedSAPSStation
ServicedSAPSStation
ServicedSAPSStation
ServicedSAPSStation
ServicedSAPSStation
ServicedSAPSStation
ServicedSAPSStation
ServicedSAPSStation
FIREARM CONTROL MECHANISMS FIREARMS REGISTRATION CENTRES
– Gauteng 22 Centres Enabled Police Stations
– Eastern Cape 53– Freestate 25– KwazuluNatal 54– Mpumalanga 22– Northen Cape 32– Limpopo 28– North west 31– Western Cape 44
Provincial Office 9 Area Offices 44
CAPACITY BUILDING Personnel Logistical Equipment IT Equipment Upgrading Of Infrastructure Components/units Central Firearms Register Provincial , Area And Police Stations Border Police Units Serious And Violent Crime Units Criminal Record Centre Forensic Science Laboratory
Firearm Control IT System Current Firearm Registration System
– Licencing Interim Firearm Control System
– Competency certification– Accreditation– Import and export of firearms– Application for new licence – Application for renewal of existing licences (re-licencing)– Application for duplicate licences (replacement)– Temporary authorizations– In-transit permits– Transport permits– Payments– Seized, surrender and destruction of firearms
Adaptive Maintenance - 1 April 2003
Interim Firearm Control System Signed on to the System
Interim Firearm Control System Navigating the Application via expandable Menu’s
Interim Firearm Control System Initial License Application Capture Screen
Interim Firearm Control System Scrollable Natural Person Information
Interim Firearm Control System Full Web Enabled Functionality (E-Mail)
Interim Firearm Control System Firearm Detail Capture Screen
Interim Firearm Control System New Firearm License - Front
Interim Firearm Control System New Firearm License - Back
Interim Firearm Control System New Firearm License – Dealer License
New Firearm Control System
BPR Study– Finalised
Tender Process & Allocation– Dec 2002
Design & Development– Jan 2003
Implementation– To be scheduled following on Tender
Allocation
Audit / Inspections
Government – State Departments
• Of 178 Departments 105 have been inspected
– Local Governments (Municipalities)• Of 856 Municipalities 298 have been inspected
Security Institutions– Of approximately 4000 institutions 385 have
been inspected
STANDARDS
Safe Storage Facilities– Safes, Strong Rooms, Safety Devices
Proofing of Firearms Shooting Ranges
BROAD IMPLEMENTATION
PLAN FOR THE FIREARMS CONTROL
ACT 2002 - 2004
Phased Implementation
JANUARY 2002
De- regulation of air guns
Increase of License Fees
De-regulation– Streamline admin process
– Implement section 5(1)(f) of the FCA
Fees– To bring costs in line with
actual licensing fees in the FCA
– Last increase 1992
– Previous Cost = R50-00
– Current Cost = R120-00
JANUARY 2003
Accreditation– Hunters Ass
– Collectors
– Sports
– Training institutions
To bring external environment into line with the requirements of the FCA
Application of minimum standards for the use of firearms in SA
JANUARY 2003
Voluntary Surrender of Licenced Firearms
To reduce the actual number of firearms to be audit when sections of the FCA are promulgated
To provide opportunity to owners to dispose of firearms they no longer want.
JANUARY 2003
Inspection – Section 107 – Duty to
comply with request of police official
– Section 108 – Request for information
Additional powers to enhance policing
Focus is to assist in the investigation of crime
Implementation particularly in Crackdown operations
JANUARY 2003 Organizational
Structures for the Registrar of Firearms
To implement the organizational structures within the Central Firearm Register
Provide mechanisms for implementation of i.e DFO, Appeal Board, FRC etc.
APRIL 2003
Transitional Provisions
Enable department to implement the remainder of the FCA
APRIL 2003
Firearm Categories Sec 11 to 27
Current system will allow for the issue of licenses in line with the FCA
Limitation on number of firearms possessed by individual owner
APRIL 2003 Competency
Certificate
Re-licencing of Firearms (Audit)
Link between the accreditation and competency certificates
Application of minimum standards for the use of firearms in SA
Improved information on the possession on firearms
Increased control over firearms in SA
Enhancing of policing of firearms
APRIL 2003
Firearm Dealers, Gunsmiths and Manufacturers
Import, Export and Transit of Firearms
Stricter control over suppliers of firearms
Enhance co-ordination between CFR and the industry
Control of firearm movement in and across SA borders
APRIL 2003
Storage, Transport and carrying of firearms and ammunition
Enhance security around the carry , transport and storage of firearms
Applicable to all users
APRIL 2003
General Provisions Provide for the implementation of sections relating to the promulgation of the regulations of the Act, Disposal of firearms in case of ceasing to carry on business etc.
JULY 2003 Official Institutions Establishment of a stock
control system for all government departments
Implementation of permit system to manage possession of state owner firearms by employees
Implementation of database for the sharing of information pertaining to firearms with the CFR
Additional Legislative Issues Amendments to FCA
– Correcting of technical and linguistic errors– Changes to enhance implementation of the Act– To be discussed with the Minister for Safety and Security
Replacement of the Legal Officer Regulations
– Draft Published for Comments - End Sept 2002– Finalised – April 2003
Amnesty for the illegal possession of firearms – To be discussed with the Minister for Safety and Security
FIREARM FREE ZONE (FFZ) Currently Researched Pilot Study for FFZ in Schools
– 25 Schools in Co-operation with Dept of Education• North West 5• Gauteng 5• Western Cape 5• Eastern Cape 5• KwazuluNatal 5
Model for FFZ for implementation Report finalised Mid-September 2002 Roll-out to be verified with the Minister
CONTENTIOUS ISSUES EFFECTING IMPLEMENTATION
Amendments to the Act Duration of Implementation Timeous Communication on progress of
implementation to SAPS as an organization and to the Public
COMMUNICATION Short term objectives;
– To support operational implementation of the FCA – Assist in educating the community and the SAPS – To create public and SAPS support for the Firearms Control Act and Regulations
and its objectives.– Encourage compliance with the Firearms Control Act and Regulations.– To build understanding and support for key themes in the Firearms Control Act and
Regulations. Medium to long term objectives
– Facilitate change of attitudes of the youth to firearms and firearm violence.– To create a culture of responsible firearm ownership and responsible use of
firearms. Communication Mechanisms
– Workshops– Pamphlets– Booklets– Media
IMPACT - Drop in application for Firearms Licences
50000
100000
150000
200000
250000
1995199619971998199920002001Applications Received
IMPACT- Declaration of Unfitness Sect 11 Year Sec 11 2000 551 2001 572 2002 453
TOTAL 1576
IMPACT
Reduction in Registered Dealers– Decrease from 644 in 2000 to 565 in 2002
Reselling of firearms between owners rather than new firearms being purchased
Destruction of redundant State Owned Firearms
IMPACT Department participating in Voluntary Destruction of State
Firearms– SAPS – Dept of Correctional Services– Independent Complaints Directorate– Dept of Transport– Dept Labour– Dept of Trade and Industry– SA Revenue Services– Nature Conservation KZN– Dept of Agriculture Eastern Cape– Dept of Communications– SANDF– TOTAL
CONCLUSION
Understand the past,
Anticipate the future
Clarify the present