Written by Mark Mulder – Gunlicence.co.za for Firearmsguardian.co.za
Is my green licence still valid?
This remains one of the most frequently asked questions that we receive. This is in part due to the fact that this question is not actually as clear cut as some may think. The transition between the Arms & Ammunition Act and the Firearms Control Act should have, in an ideal world been quick and easy. In reality, it was not. Some mechanisms pertaining to the transition raised constitutional and operational concerns and ultimately resulted in the SA Hunters organization taking the Minister of safety and security to court. This matter was heard by Judge Prinsloo, who on the 29th of June 2009 delivered his famous ruling in the form of an interim order in favour of the SA Hunters, which essentially ruled that until the main application was heard, all licences preceding the “White Card” licences issued under the Firearms Control Act of 2000, would remain valid. In essence, your green licence remains valid.
Before we move on, we must first have a quick look at the two Acts at play here, namely the Arms and Ammunition Act, 1969 (Act No. 75 of 1969) and the Firearms Control Act, 2000 (Act No. 60 of 2000). The former being the Act under which the green card licences were issued. Not only were green cards issued, but also pasted documents which were found in the old ID books. These licences, although in different format, were issued under the same Act.
The Firearms Control Act was written in 2000 and implemented in 2004. Under this new Act, firearm owners were issued with white card licences.
A transitionary period was established, and holders of green licences were encouraged, and then threatened that they needed to complete a proficiency refresher course and apply for a licence under the new Act. While many went through this process, there were a large number of firearm owners who did not. This raised concerns over the constitutionality of punishing these people in a lawful manner. As this was unchartered waters, it resulted in a court case.
In his landmark ruling, Judge Prinsloo ruled that all licences preceding those issued under the Firearms Control Act were to remain valid until the main application was heard. The ruling took place in 2009. Until this day, the main application has still not been heard. There is also no sign of anything changing any time soon. It has become a well-known fact that the green licence cards are valid.
Green is Gold
This is a common saying that represents the fact that because the green licence cards have no expiry date, they remain valid, at least until further amendments are made or a final judgement is made in the SA Hunters case. Due to the fact that they are still governed, in part, by the old Act, some of the limitations of the new Act, such as expiry dates and ammunition limitations.
Get ahead of the curve
Although Judge Prinsloo’s interim order is great news for firearm owners, it is just that, an interim order, which means that it is temporarily in place, pending the outcome of the main application.
One way that firearm owners can get ahead of any legal headaches is by voluntarily switching over to the new Act, before they are potentially ordered to do so. We have seen that the government mandated mechanisms, such as amnesties are often illogical and impractical, sometimes leaving firearm owners without their firearms for extended periods of time. By taking the initiative and obtaining white licences under the new Act, you are essentially beating SAPS at their own game and staying a step ahead. Some people are of the opinion that you should not obtain white licences for your firearms because you are allowing SAPS to infringe on your rights. At the end of the day, it remains a personal decision.
If you choose to pre-emptively align yourself with the new Act, here is how.
Step 1 will be to obtain your proficiency certificate from a an accredited firearm training service provider.
Step 2 involves applying for your competency with SAPS.
Step 3 will be to make use of the transitional mechanism and obtain a new white licence card for your firearm.
Once on the new system, you would have received critical training on the new firearm legislation that all firearm owners are governed by. We are of the opinion that you put yourself at a great advantage to familiarize yourself with the law that governs you, so that if you are ever in a situation with permanent consequences, you have a firm grasp of what the law says regarding that situation.
When is my green licence invalid?
This is a tricky question to answer as there are several interpretations of the order. Some say that all green licences remain valid, regardless of if you applied for a white licence card or not.
We always err on the side of caution and consider what SAPS is currently enforcing.
We deal with police stations and designated firearms officers from all around the country on a regular basis and can confirm that if you have applied for a white licence, your green licence will be seen to be invalid, as you chose to switch over to the new system. Many clients never received a physical white card after applying, however they were issued one according to the SAPS system. This has put thousands of people into an uncertain situation where they are unsure as to which system they fall under. If you have any doubt, best is to contact your designated firearms officer. They will be able to see exactly what competencies and licences are linked to your name.
Conclusion
To sum up the situation, your green licence is valid, unless you have applied for a white licence for your firearm. You are fully entitled to use, carry and enjoy your firearms. Any gun shop will happily sell you ammunition, and you can enjoy the freedom to book your firearms in at gunsmiths, casinos or even fly with your firearms. Judge Prinsloo’s interim order was a fair order, and we always appreciate people in positions of power respecting civilians rights and liberties. Although this ruling was handed down in 2009, it remains an interim order. SAPS and other organizations have made comments that indicate they may intend in coming after the validity of green licences at some point. One way you can get ahead of any nefarious plans is to voluntarily make the switch to the new system. If you have any questions regarding this article, please feel free to reach out at www.gunlicence.co.za.
