implementation of firearms control legislation in south africa presentation to the portfolio...

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