SAAACA   KwaZulu Natal

The Impact of the FCA on Collectors and Collecting

Introduction

•     With the introduction of the Firearms Control Act of 2000 (FCA) , and its associated Regulations , the “Collecting Landscape” has fundamentally shifted.

Background

•     First Draft of FCA in 1998 did not recognise “Collectors” , or “Firearms Enthusiasts” .

•     Much effort by SAAACA , PAAA etc resulted in inclusion of “Collectors” in final version of FCA 2000.

•     From 2001 focus moved to Regulations , first through SAAACA , and then through NAACSA, with most recommendations being accepted. (through our “constructive engagement” approach)

 •     Portfolio Committee approval 25^th February

•     Cabinet approval 27^th February

•     Publication 26^th March

•     Implementation from 1^st July

What is in the FCA ?

•     Private Collectors, Public Collectors, and Ammunition Collectors included / defined

•     “'private collector' means a person who collects firearms or ammunition, who is a member of an accredited collector's association and who is not a public collector”

 •     “Advancing the Purpose of the Act”

•     “Accreditation” of Organisations

•     “Competency Certification” of Individuals

•     Membership of Collector’s Organisations

•     Definition of “Collectible Firearms”

•     Prohibited Firearms “as may be prescribed”

Advancing the “Purpose of the Act”

•     . . .by improving control over legally possessed firearms . . .

•     . . . to control the supply, possession, safe storage, transfer and use of firearms . . .

•     establish a comprehensive and effective system of firearm control and management

•     ensure the efficient monitoring and enforcement of legislation pertaining to the control of firearms

“Prohibited Firearms”

•     Current Section 32 stuff , but with the added proviso

•     (3) (a) The Minister may, by notice in the Gazette, declare any other firearm of a specified type to be a prohibited firearm if it is-

•     (i)    in the interest of public safety; or

•     (ii)   desirable for the maintenance of law and order.

Transitional arrangements

•     Licences remain valid for (up to) 5 years after promulgation date

•     Ditto for Section 32 permits

•     However “Bona Fide Certificates” are NOT valid after the promulgation date

•     Firearm parts to be licenced , but see Section 94

The Regulations

•     “Accreditation”

•     “dedicated procedure”

•     “persons in good standing”

•     “categorisation”

•     “Competency certification”

•     “Prohibited Firearms”

•     “Public Display”

•     “marking”

Accreditation – some general requirements

•     Capacity to promote the Act

•     Infrastructure

•     Track record

•     Constitution

•     Code of Conduct

•     Conditions of membership (new members)

•     Conditions of membership (existing members)

•     Qualifications of ExCo

Accreditation – specific

•     Collector Organisations must -

•     Have “dedicated procedures” to determine membership and categories

•     Ensure their members are in “good standing”

•     Belong to the “National Body”

Accreditation – specific

•     “dedicated procedure” means action or procedure directed at promoting conformity with the Act;

Accreditation – specific

“person in good standing” means a person who –

•         is or remains acceptable to an accredited hunting organisation, sports-shooting or collectors’ association as a dedicated member or collector, as the case may be;

•         actually fulfils the intent of the Act in respect of his or her status as a dedicated hunter or dedicated sports person, or collector  as the case may be; and

(c)    is not unfit to possess a firearm in terms of the provisions of the Act;

Accreditation – specific

“National Arms and Ammunition Collector's Confederation of South Africa” (NAACCSA)

•     Promotes collecting / preservation

•     Single point of Contact  / united front

•     Uniform standards across member organisations

Accreditation – specific

•     “has a dedicated procedure in place to evaluate its members for their bona fides to be a private collector in respect of a particular category in respect of their interest in, and knowledge of, the historical, technological, scientific, heritage, educational, cultural and artistic value or any other aspect as the association may determine appropriate, of a specific theme or field of interest and that the relevant documentation pertaining to such evaluation is kept on record by the association;”

Accreditation – specific

•     will only allow membership of a person to the association as long as the person is in “good standing” with the association;

•     Monthly membership reports

•     Annual membership reports

Accreditation – specific

•     has provided in its founding document for a dedicated procedure whereby its members are classified in the following categories of collectors:

(i) Category A - being a category whereby the collectors association may approve any class of firearms for collection as contemplated in section 17(1)(a) of the Act;

Accreditation – specific

(ii)          Category B - being a category whereby the collectors association may only approve firearms for collection as contemplated in section 17(1)(a) of the Act, which excludes prohibited firearms referred to in section 4(1) of the Act;

 

(iii)         Category C - being a category whereby the collectors association may only approve firearms for collection as contemplated in section 17(1)(a) of the Act, which excludes prohibited firearms referred to in section 4(1) and restricted firearms referred to in section 14(1) of the Act;

•     Existing ownership of Restricted and Prohibited firearms is acknowledged

•     Migration is possible , but in terms of the “dedicated procedure”

Accreditation – specific

•     Competency certification :

•   Personal attributes

•   Knowledge of the Act

•   Proficiency in handling of Firearms

•     Includes “Category”

•     “Bona Fide Certificate” replaced by “Membership certificate” (with category) + “Competency Certificate” (with category)

Implication for Applications for Licences

•     Comprehensive motivations , per item, will be required

•     Describe your Field of Interest , Focus area(s) , and Theme(s)

•     How does the item fit into this ?

•     What are its collectability attributes ?

For Prohibited Items

•     In addition to the above –

•     Full motivation endorsed by the Association

•     50 years old , or

•     Clearly defined attributes as defined in the Regulations (based on collectability guidelines)

Public Display

•     In a locked display cabinet which cannot be readily moved

•     Otherwise rendered inoperable and tied down

Marking

•     Stamping

•     Engraving

•     Stencilling

•     Etching

Summary

•     Firearms ownership in South Africa is a privilege, not a right

•     The FCA is directed towards Strict Control of Firearms

•     “Firearms Enthusiasts” are not catered for , and will be limited to 4 firearms 

•     Collectors are recognised / tolerated ( ? ) for the role we play in education and the preservation of our Heritage 

•     All of us will have to take stock of our situations , and decide / confirm where we are, and where we want to go in terms of our interests , and how we will contribute ( large or small)  to the “body of knowledge” which SAAACA and its sister organisations represent in the National and International Collecting context .

Our Challenge ?

At the end of the day , as Bona Fide Collectors we need to be able to demonstrate on a continuous basis that we are responsible firearm owners who through our “ interest in and knowledge of ” our respective fields, themes, and artefacts play a vital role in the development and preservation of our Heritage.

 

Thank You

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