Can South African police confiscate your firearms after a legal self-defence incident? That’s exactly what happened to Andre, a law-abiding firearm owner who protected his family from a potential farm attack — only to be left vulnerable when all his firearms were seized by the police.
Farm Attack Stopped with Warning Shots
Andre, a husband and father of two, was enjoying dinner with his family on their Free State farm when he noticed two men wearing balaclavas approaching the house under a spotlight. From his farmhouse, Andre shouted at the intruders, warning them that they were trespassing and instructing them to leave the property.
When the men ignored his warnings and continued to advance, Andre fired three warning shots from his Glock 9mm pistol, which caused the intruders to flee immediately.
Police Response: Firearm Confiscation
After Andre reported the incident to the South African Police Service (SAPS), two officers arrived at his home. They requested the Glock used during the incident for ballistic testing — a reasonable procedure. However, they then asked Andre to open his gun safe and proceeded to confiscate all his firearms, leaving him and his family defenseless on a remote farm.
Legal Expert Weighs In
Dr. Llewellyn Curlewis, criminal law expert and advisor to Firearms Guardian, had this to say:
“The farmer acted lawfully by firing warning shots to protect his family and property. The temporary seizure of the Glock may be justified for forensic testing, but the confiscation of all his firearms is unlawful unless SAPS had a valid search and seizure warrant or strong suspicion linking those firearms to other crimes.”
Dr. Curlewis further advised:
“Without a warrant, Andre should have refused to hand over the rest of his firearms. He should now consider urgent legal action — either through a court application for their return or a rei vindicatio to reclaim property that belongs to him. If damages were suffered, a claim for compensation may also be considered.”
What You Should Do if Police Seize Your Firearms
If you’re a lawful firearm owner in South Africa, you must understand your rights and responsibilities in situations involving self-defence and police firearm seizures. Always ask for a warrant and consult a legal expert before handing over any firearms not directly involved in an incident.
Be Prepared – Protect Yourself Legally
In today’s South Africa, no one can afford to say, “It won’t happen to me.” Violent crime and farm attacks are a reality. Firearms Guardian provides immediate legal support, expert advice, and policy protection for firearm owners who are forced to defend themselves or their families.
Whether you’re involved in a home invasion, car hijacking, or animal attack, Firearms Guardian is your first call after any firearm-related incident.
