Can you legally defend your neighbour using a firearm that doesn’t belong to you? This real-life incident highlights important legal considerations for firearm owners in South Africa. Our legal experts at Firearms Guardian explain what the law says about defending others and the use of firearms in emergencies.
Real Incident: Neighbour Defends Family Using Friend’s Shotgun
Late one night, a client of Firearms Guardian received a desperate call from his next-door neighbour, a single mother of two young children. She had heard an intruder breaking into her home, armed with what was later identified as a “gwhala.” Alone and unarmed, she feared for her and her children’s safety and called for help.
The neighbour, a licensed firearm owner, immediately reached for his 9mm pistol stored in his locked safe—but couldn’t find the key. Acting fast, he instinctively grabbed his visiting friend’s shotgun and rushed to the neighbour’s house.
Inside, the intruder confronted him, weapon drawn, demanding he drop the shotgun. Instead, the defender fired, fatally wounding the intruder and protecting the neighbour and her children.
Key Legal Questions Raised by This Incident
1. Can You Legally Defend Someone Else Using Your Firearm?
2. Can You Use Someone Else’s Firearm (Licensed or Not) in Self-Defence?
Expert Legal Opinions from Firearms Guardian
Defending Others Is Legally Permissible in South Africa
Dr. Llewelyn Curlewis, Firearms Guardian’s criminal law expert, confirms:
“South African law permits private defence (self-defence) to protect not only yourself but also others, including their lives and property. This case is a textbook example: the defender protected his neighbour and her children from a life-threatening attack. Such actions are considered lawful, providing a strong defence against any potential criminal charges.”
Using Another Person’s Firearm in Self-Defence Is Allowed
Advocate Henk Nolte, Director at Firearms Guardian, clarifies:
“Even if the firearm does not belong to you or is unlicensed, using it in the heat of the moment to stop an unlawful attack is legally defensible. The key factor is the reasonableness of the force used to repel the attack, not the legality of possession at that moment. Private defence laws protect individuals who act to stop imminent harm using reasonable force—even if the weapon isn’t theirs.”
Conditions for Lawful Self-Defence in South Africa
To rely successfully on self-defence, the following must be met:
- The attack must be unlawful.
- The attack must be imminent or ongoing.
- The attack threatens a protected legal interest (life, property).
- The defence must be necessary and aimed at stopping the attacker.
- The force used must be reasonable and proportionate.
Responsible Firearm Ownership Is Key
Firearms Guardian urges all firearm owners to:
- Stay vigilant and be prepared for sudden threats.
- Use firearms responsibly and within the law.
- Seek proper training on firearm use and self-defence.
- Know that the law supports reasonable self-defence actions, even if lethal force is used against a perpetrator.
What If This Happens to You?
Have you considered what legal support you would need if you had to defend yourself, your family, or your property with a firearm? Firearms Guardian offers comprehensive legal protection insurance designed specifically for lawfully armed South Africans.
- 24/7 access to legal experts.
- Cover for self-defence, accidental discharge, hunting accidents, and Firearms Control Act prosecutions.
- Affordable plans starting from just R135/month.
- Legal cover up to R300,000 per annum, depending on your chosen package.
Protect Yourself Today with Firearms Guardian
Don’t wait until it’s too late. Get the legal protection you deserve and ensure your rights are defended when you need it most.
Learn more: https://firearmsguardian.co.za/learn-more/
