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Key issues in the FCAB affecting Collectors

2. (1) Section 17(1)(a) ? Approval for collection . Problem ? Revised definition of ?collectability' in Section 17(1)(a) excludes large portions of legitimate current and future collections Although important , local ?Heritage value' ( within the domain of SAHRA) , and which has now been inclu

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Key issues in the FCAB affecting Collectors

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    1. 1 Key issues in the FCAB affecting Collectors

    2. 2 (1) Section 17(1)(a) – Approval for collection Problem – Revised definition of ‘collectability’ in Section 17(1)(a) excludes large portions of legitimate current and future collections Although important , local ‘Heritage value’ ( within the domain of SAHRA) , and which has now been included in this Section , is only one of eleven internationally recognised attributes of collectability Firearm collection extends across International boundaries in terms of Research , and the development and exchange of Knowledge , Interest and Artefacts .

    3. 3 A Mauser collection from 1871 to 1945 built up over 30 years with pristine examples from all over the globe . . .

    4. 4 (1) Section 17(1)(a) – Approval for collection (contd) Recommendation – Include known and proven criteria in the Principle Act in line with International Practice developed over 8 years of National and International debate and experience e.g. Australia – “commemorative, historical, thematic, or investment value” United Kingdom – “rarity, aesthetic quality, technical interest, historical importance” Canada – “historical, technological, or scientific characteristics” RSA (Regs) – “ … heritage, educational, and cultural value”

    5. 5 (1) Section 17(1)(a) – Approval for collection (contd) Proposed definitive and unambiguous wording of Section 17(1)(a) and (b) – 17.(1)(a) A firearm which may be possessed in a private collection is any firearm approved for collection by an accredited collectors association; and which may be of such historical, technological, scientific, heritage, educational, cultural , commemorative, investment, rarity, thematic or artistic value as determined by the association , or

    6. 6 (1) Section 17(1)(a) – Approval for collection (contd) Proposed definitive and unambiguous wording of Section 17(1)(a) and (b) – 17(1)(b) where a firearm is approved for collection as a ‘Heritage Item’ as defined in the National Heritage Resources Act , this shall be confirmed by the South African Heritage Resources Agency or its appointed agents ( Arguably part of NHRA but included for avoidance of doubt )

    7. 7 (2) Remove the reference to ‘Muzzle loader’ in Section 17(1)(a) The requirement for an Accredited Association to approve the collection of a ‘muzzle loader’ in Section 17 would appear to be redundant , as this section only applies to licencable firearms - remove .

    8. 8 (3) Comment on the Inoperability of Restricted and Prohibited firearms in Private Collection Not clear what problem this requirement is designed to address The source of restricted and prohibited firearms used in violent crime is of grave concern, but To our knowledge they do not come from Collectors or other Dedicated Hunting or Sports Shooting owners Only about 15% of such firearms legally in private hands belong to Collectors – consistency of this approach ?

    9. 9 (3) Comment on the Inoperability of Restricted and Prohibited firearms in Private Collection (contd) Such firearms , as well as the Collectors who own them , are well known to SAPS through inspection , approval by Station Commanders , the DFO , and CFR Current generation R4 and R5 military issue assault rifles such as used in cash-in-transit heists etc are not sold by the manufacturer to any private individuals . ( On the other hand it is common knowledge, that for example over 60 000 official issue modern assault rifles remain unaccounted for )

    10. 10 (3) Comment on the Inoperability of Restricted and prohibited firearms in Private Collection (contd) Recommendation - Given the solid track record in terms of ownership and compliance by Collectors , recent statistical evidence, and the strict controls that are already in place from both the Association’s and the SAPS perspective – That the need for this requirement be reviewed , or At most should pertain to prohibited artefacts only

    11. 11 (4) Collector’s Competency Certificate Problem – Four categories of Competency Certificate in the FCA, In reality five effective categories to cater for the Regulations which require a Collector’s Competency Certificate to reflect the Category of that Collector Creates confusion amongst Members and SAPS personnel alike .

    12. 12 (4) Collector’s Competency Certificate (contd) Recommendation – Section 10 be amended to specify competency to- possess a firearm; possess a firearm as a Private Collector in a specific category (new) trade in firearms; manufacture firearms; or conduct business as a gunsmith

    13. 13 (5) Status of Muzzle loading Cannon Problem – Ambiguity in the FCA as to whether Muzzle Loading Cannon (both full size or models) are regarded as “Antique Firearms“ or “Prohibited Artifacts” There are a number of such Cannon owned and preserved around the country (many as ‘Heritage Objects’ ) , not only by Collectors, and are often used for ceremonial occasions, re-enactments , cultural events , starting guns for sporting events etc .

    14. 14 (5) Status of Muzzle loading Cannon (contd)

    15. 15 (5) Status of Muzzle loading Cannon (contd) Recommendation - A specific decision be taken to spell out - whether both miniature and full size cannon are to be regarded as “muzzle loaders” in terms of the Amendment Bill (recommended) , or whether they fall under Section 4 ( prohibited items) in which case the future status of the various cannon associations and other owners (municipalities etc) will have to be determined (not currently covered and a grey area ) .

    16. 16 (6) ‘Cartridge Type’ vs. ‘Calibre’ for Ammunition Collection Problem – Sections 18 and 19 specify that up to “200 rounds per calibre” may be collected “Calibre’ is not defined but generally refers to the bore diametre Up to 48 different cartridge types of the same “calibre” may exist (Reference - “Cartridges of the World – Barnes & Skinner” ) Result no new Ammunition Collectors Permits have been issued

    17. 17 (6) ‘Cartridge Type’ vs. ‘Calibre’ for Ammunition Collection (contd) Recommendation Option (i) - Define ‘Calibre’ in the list of definitions to mean “Cartridge type” ( contrary to International Norms and Practice and is not recommended) , OR

    18. 18 (6) ‘Cartridge Type’ vs. ‘Calibre’ for Ammunition Collection (contd) Recommendation Option (ii) - Replace ‘Calibre’ with “Cartridge Type” defined and described by dimensions, make, mark, and model, or bullet weight or type as per International practice – (preferred) E.g. “,303 British Mk7” or “8x57 Mauser S-type” Amend the Definitions and Sections 18(1)(b) and 19(3) accordingly

    19. 19 (7) Imitations of Prohibited items vs Deactivated examples of the same item Problem – This deactivated 1940 German MP40 from wwII is legal

    20. 20 (7) Imitations of Prohibited items vs Deactivated examples of the same item (contd) Full size non-working Display Replica MP40 is not legal

    21. 21 (7) Imitations of Prohibited items vs Deactivated examples of the same item (contd) Recommendation Section 4 be amended and DFO’s be authorised to issue Permits for both as a trophy, curiosity, ornament, or collector’s piece to Collectors, Museums Institutions (Private or Public) Theatrical or Film making business Private or other Persons in possession of a competency certificate Other persons or bodies as the Registrar (DFO) may determine with good reason

    22. 22 (8) Cost of relicencing to be proportional to cost of service (Section 145) Problem – Cost for renewals viewed as R70 per licence . For larger collections this would result in a charge of R15,000 to R20,000 for renewals This is way out of proportion to the cost of the service . Many of the larger collections built up over many years are owned by senior citizens or pensioners who could least afford this cost

    23. 23 (8) Cost of relicencing to be proportional to cost of service (Section 145) Recommendation - For Collections of 10 or more firearms ( Hunters and Sports Shooters as well ) , a fixed administrative fee of say R700 be charged, plus R5 - R10 printing cost per licence, and Section 145 be amended accordingly .

    24. 24 (9) Museums and Public Collectors Problem Currently “Public Collectors” in Section 19 are deemed to be part of Museums, which is rarely the case in practice . (Comparison with Corporate Art Collections or University Archaeological Collections ) To our knowledge few if any Public Collectors have been accredited to date

    25. 25 (9) Museums and Public Collectors (contd) Recommendation – Section 19(4) be amended and Public Collectors be clearly defined separately from museums i.e. Natural or Juristic persons who chose to make their collections viewable by the Public under controlled and secure conditions, and may be part of private properties, tourist attractions , corporate institutions, universities or other tertiary institutions , or other bodies recognised by the Registrar . ‘Museums’ be defined as SAHRA / SAMA recognised Institutions (new)

    26. 26 (10) Validity of Bona Fide Certificates for Transitional purposes (Schedule 1) Problem – Most previous authorisations , permits , licences etc. of Act ’69 are recognized under the Transitional provisions of the Act, but the previous “Bona Fide” Collectors certificates ( and those of Hunters and Sports Shooters) are not . But they are still required

    27. 27 (10) Validity of Bona Fide Certificates for Transitional purposes (Schedule 1) Recommendation – These Certificates form the interim authorisation for possession of Ammunition in Collection , Actions etc , They must remain valid for this purpose under Schedule 1 (up to 3 years or more) until the necessary new permits , etc have been issued under the FCA , Schedule 1 must be amended accordingly

    28. 28 (11) Omission of “Occasional Collector” Problem - The FCA recognizes “Occasional” Hunters or Sports Shooters , who participate in such activities on an intermittent basis , and may own up to 4 firearms for such purpose , but has omitted ‘Occasional Collectors’ . Problem is how to ensure the entry of younger or Novice Collectors into the ranks of experienced and knowledgeable collectors , in order to preserve our collecting heritage for future generations . ( ‘Chicken and Egg’ situation )

    29. 29 (11) Omission of “Occasional Collector” (contd) Recommendation - Create the category of ‘Occasional “ or “Novice” collector who may own up to four collectible licenced firearms , based on the collectability criteria outlined in Section 17(1)(a) (revised) . In many instances these will be of an inherited nature , which will also address the vexed situation of how inherited firearms should be treated .

    30. 30 (12) Exchange of collectible (or other) Ammunition between licenced private owners Problem - The Act provides for the sale/purchase or donation/ acceptance of firearms directly between private individuals under defined circumstances , but not for ammunition .

    31. 31 (12) Exchange of collectible (or other) Ammunition between licenced private owners (contd) Recommendation Section 31(3) be amended to provide for this – 31(3) A person who wishes to sell or donate a firearm or ammunition to a willing buyer or donee, as the case may be, may do so without the intervention of a dealer, but on such conditions as the Designated Firearms Officer may determine.

    32. 32 (13) Inclusion of ( deactivated) Rifle Grenades in the provisions of Section 18(5) Problem- Section 18 ( 5) makes provision for the collection of (deactivated) “projectiles” used with ‘Launchers’ described in Section 4 , The inclusion of rifle grenades as ‘projectiles’ remains uncertain , (particularly as these revert to looking like ‘normal’ grenades if the rod or base is unscrewed for storage ) , and remains unresolved after two years .

    33. 33 Example of the 1914 – 1918 “Mills type” grenade with screwed rod for launching from a ,303 Rifle

    34. 34 (13) Inclusion of ( deactivated) Rifle Grenades in the provisions of Section 18(5) (contd) Recommendation – Deactivated Rifle Grenades , or deactivated grenades which can be readily converted to rifle grenades by the attachment of the relevant rod or base , be included in the Section 18 and 19 definition i.e. Section 18 (5) and 19(2)(b) - Despite section 4, the holder of a permit issued in terms of this section may possess projectiles , rifle grenades , and cartridges manufactured to be discharged by prohibited or other firearms if the propellant, high explosive and primer of the projectiles and cartridges have been removed or deactivated.

    35. 35 (14) Storage of the firearm at the place specified in the licence Problem – Currently Section 17(3) requires a private Collector to store his or her firearms at “ the place specified in the licence” The licence does not in fact specify any such place .

    36. 36 (14) Storage of the firearm at the place specified in the licence Recommendation – That this section be amended to read that “the firearm be stored at his or her place of residence , or such other secure location as may be specified by the owner and agreed with the Registrar (DFO) ” . ( e.g. a Bank vault etc )

    37. 37 A couple of other brief issues of importance not only to Collectors but other Firearm Owners

    38. 38 (1) Definition of “Muzzle Loader” Problem – The definition has a number of technical inaccuracies / omissions – Not all barrels have ‘Crowns’ - replace with ‘muzzle end’ Not only original ‘Black Powder’ is used , – replace with ‘Black Powder or equivalent propellant’ Not only pure lead balls are used , - replace with ‘ bullet shaped lead projectiles, or shot ‘ Ignition systems also include a burning cord or ‘match’

    39. 39 (1) Definition of “Muzzle Loader” (contd) Possible revised definition along the same lines – " 'muzzle loading firearm' means a barrelled portable weapon that can fire only a single shot per barrel and which requires after every shot fired the individual reloading through the muzzle end of the barrel with separate components consisting of a measured charge of black powder or equivalent propellant , wad , and lead bullet or shot functioning as a projectile, and further ignited with a flint, match or percussion cap;";

    40. 40 (1) Definition of “Muzzle Loader” (contd) A simpler alternative based on the UK definition – A 'muzzle loading firearm ' is a firearm which is only designed for use with Black Powder or its equivalent, and can only be loaded via the muzzle end of the barrel (or cylinder ** )  with a loose charge and a separate ball , or shot, or other missile. ** next comment refers

    41. 41 (2) Cap-and-Ball revolvers – possible inclusion as ‘muzzle loaders ‘ Problem – Many thousands of deregulated Cap and Ball (C&B) Revolvers have been sold over the last two years , and many previously licenced C&B revolvers have been de-registered , which will now be illegal .

    42. 42 (2) Cap-and-Ball revolvers – possible inclusion as ‘muzzle loaders’ Recommendation (i) Given that ‘Muzzle loaders’ are – now incorporated under the control provisions in the FCA Amendment Bill , may only be purchased from registered dealers, require a Black Powder Permit to use, and require the issue or possession of a Competency Certificate , Cap-and-Ball revolvers should be included in this definition in line with other International examples ( e.g. United Kingdom) . This applies particularly to original Cap-and-Ball revolvers manufactured before 1900

    43. 43 (2) Cap-and-Ball revolvers – possible inclusion as ‘muzzle loaders ‘ (contd) Alternative recommendation – Persons who have acquired C&B revolvers in good faith as deregulated items over the past two years , must be afforded the opportunity to apply for licences and/or the necessary competency certificate , and must be exempt from prosecution during such period , and such licences should not be counted into the 4 gun limit Owners of previously licenced C&B revolvers , who have had them de-licenced over the past two years on the basis that they were deemed to be deregulated , must have their licences reinstated automatically and at no cost .

    44. 44 (3) Transitional provisions for Actions Problem- Many Collectors own actions as collectible items in their own right courtesy of the markings on them , examples of famous designs , ‘skeleton models’ etc .

    45. 45 (3) Transitional provisions for Actions Problem- These are now licencable under the FCA ( although we recommend that the practical necessity for this provision should be re-assessed in the light of the Administrative burden it presents ) . No stipulation is included under the Transitional provisions as how and when these actions are to be licenced , and the process involved etc .

    46. 46 (3) Transitional provisions for Actions Recommendation It is proposed that if actions are still to be licenced , this be done when the owner is required to obtain a Competency Certificate or re-licence other firearms or both Include in Schedule 1 and amend . This would also apply to other private owners , sports shooters, hunters etc .

    47. 47 (4) Re-introduce the definition of ‘Antique Firearm’ for specific purposes Problem – In listening to and analyzing the complaints and concerns of legitimate firearm owners regarding the effect of the implementation of the FCA , one of the most emotional issues is having to give up or have destroyed prized family heirlooms or other firearms of historical value .

    48. 48 (4) Re-introduce the definition of ‘Antique Firearm’ for specific purposes (contd) Recommendation – Re-introduce the concept of an “Antique Firearm” in line with International practice and the SADAC protocol Define as being a firearm manufactured prior to 1900 , (or older than 100 years ) (recommended) Fully licencable (except if it is a muzzle loader) , But would not form part of the four gun limit for normal private owners . This would also have the effect of limiting potential compensation claims arising in these circumstances .

    49. 49 (5) Capacity to deal with Re-licencing The task of re-licencing some millions of firearms is placing a huge administrative burden on the SAPS at a time when all resources are arguably needed to fight crime on a daily basis . In our opinion the system is under severe strain as evidenced by - Renewed licences incorrect New licences incorrect Only 150 000 out of a targeted 900 000 applications for relicencing being received to date Competency Certificates taking between 9 to 18 months to process

    50. 50 (5) Capacity to deal with Re-licencing (contd) In common with its sister organisations amongst Hunters, Sports Shooters, and general firearm owners , NAACCSA would therefore seriously urge the Committee to reconsider the issue of re-licencing in favour of a General Audit together with the issue of Competency Certificates which we unreservedly support

    51. 51 (5) Capacity to deal with Re-licencing (contd) We believe this would significantly - address the original intention of the FCAB update the database effectively , and improve intelligence information reduce the administrative burden on all stakeholders . Increase the focus on the owner rather than the firearm rebuild the goodwill , acceptance , and support of the FCA amongst legitimate firearm owners , necessary for successful implementation.

    52. 52 Recommendation Identification and crystallisation of many of the issues outlined in this Presentation has arisen through the co-operative interaction between NAACCSA and various sections of CFR , the SAPS Legal section , and Provincial and Local Officials

    53. 53 Recommendation (contd) It is our considered opinion that attention to these issues will go a long way to addressing current uncertainties which are prejudicing the practical implementation of the FCA both from a Collector’s as well as a general firearm owners perspective Detail wording is included in NAACCSA’s full written submissions

    54. 54

    55. 55 Collectors are but Stewards and Custodians of the artefacts entrusted to their care for a given generation .

    56. 56 In many instances this represents the Heritage left to us of those who have made the Supreme Sacrifice in ensuring the freedom and democracy of the modern world in which we live . . .

    57. 57 But what happens when , despite our best efforts, things go wrong ?

    58. 58

    59. 59

    60. 60 Let us balance necessary control with reasonableness , and ensure that that our legislation does not intentionally or unintentionally destroy an invaluable part of our Heritage , for which future generations will hold us unambiguously accountable

    61. 61 THANK YOU FOR YOUR ATTENTION

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