In the event that a legally armed firearm owner is forced to use their firearms in a self-defence situation, police protocol dictates that they must temporarily confiscate the firearm in question from the owner and place it in storage for ballistic tests. This fact causes much consternation among firearm owners and many feel dismayed by the fact that their firearms will be confiscated for an undetermined amount of time, leaving them unarmed and vulnerable.
These fears are perfectly justified and understandable, and Firearms Guardian wishes to shed light on the issue and provide you with the answers you deserve as a law-abiding firearm owner. In the article below, Johan Martin, Director and Owner at Martin and de Beer Incorporated, clears the smoke around this topic and provides a comprehensive overview of the procedures that the police follow when they confiscate weapons used in a self-defence situation.
Comprehensive overview of SAPS National Instruction 8 of 2017: Property and exhibit Management, more specifically the handling and storage of confiscated firearms.
1. Introduction
National Instruction 8 of 2017, issued by the South African Police Service (SAPS), provides guidelines on the handling, storage, and disposal of property and exhibits within police custody. It ensures that all seized or found property is properly documented and preserved to maintain the chain of evidence, which is crucial for criminal investigations and court proceedings.
2. Purpose
The primary objectives of this instruction are:
- To regulate the handling of all exhibits and property taken into police custody.
- To standardize the management of the SAPS 13 Property Register.
- To ensure the safe storage and eventual disposal of exhibits and property held by SAPS.
3. Scope and Governance
This instruction applies to all SAPS members, including reservists, and is guided by multiple legal frameworks, including:
- Constitution of the Republic of South Africa, 1996
- Criminal Procedure Act, 1977 (Act No. 51 of 1977) (CPA)
- Firearms Control Act, 2000 (Act No. 60 of 2000) (FCA)
- Customs and Excise Act, 1964 (Act No. 91 of 1964)
- South African Police Service Act, 1995 (Act No. 68 of 1995)
4. Definitions and Key Terms
The instruction defines several key terms, including:
- Exhibit: Any article seized or handed in that may provide evidence in a criminal case.
- Property: Any tangible possession, including found property and property of persons in custody.
- Disposal Order: A written instruction directing how an exhibit should be handled.
- Transit Store: A temporary facility within the Community Service Centre (CSC) used for exhibit storage.
5. Seizure and Registration of Exhibits
When SAPS members seize an exhibit:
- They must enter details in their pocketbook and complete a Property Acknowledgement of Receipt Register (SAPS 13(b)).
- The exhibit must be immediately recorded in the SAPS 13 Property Register.
- Care should be taken to prevent contamination or loss of evidence.
- If an exhibit is transferred, details must be captured in the SAPS 13(g) Transfer Document.
6. Management of SAPS 13 Property Register
- The first four columns of the SAPS 13 Property Register must be completed at the CSC when an exhibit is received.
- Temporary storage: Property should be stored in a safe, strong room, or locked container until properly processed.
- Evidence collection kits: These must be properly labelled and refrigerated if required.
7. Command, Control, and Inspections
- Station Commanders must regularly inspect the SAPS 13 Stores.
- Loss or damage of SAPS 13 property must be reported and investigated.
- Monthly audits must be conducted to ensure compliance with procedures.
8. General Instructions regarding the handling of Firearms and Ammunition
- All firearms must undergo ABIS testing.
- Firearms and ammunition must be stored in SABS-approved safes or transferred to designated facilities.
- If a firearm and ammunition belong to another government department, it must be handed over to the relevant authority.
9. Handling of Firearms and Ammunition
9.1 Firearms and ammunition recorded in the SAPS 13 register
(a) All firearms entered in the SAPS 13 Property Register must be ABIS tested. No firearm will be accepted for destruction without an ABI report.
(b) A Firearm File (SAPS 13(f)) must be opened for each firearm entered in the SAPS 13 Property Register.
(c) All members of the Service handling firearms in the SAPS 13 environment must be competent in terms of the Firearms Control Act, 2000 (Act No. 60 of 2000).
(d) Permission of the relevant Provincial Commissioner must be obtained if the need arises for the use of a separate SAPS 13 Property Register only for firearms and ammunition.
(e) This separate SAPS 13 Property Register is regulated on the same principles as the Property Transfer Register.
(f) The Firearm Transfer Register (FTR) must be kept by the Exhibit official and not at the Community Service Centre.
(g) All firearms received must first be entered into the general SAPS 13 Property Register kept at the CSC and thereafter transferred to the Firearm Transfer Register (FTR) by the Exhibit official.
(h) Firearms must be made safe before being dealt with.
(i) When entering firearms in the SAPS 13 Property Register, a proper description, including serial numbers, make, type, calibre and any other markings must be given.
(j) Magazines and ammunition must be entered as separate items in the same entry. Valuable accessories that have been added to a firearm which usually does not form part thereof must be specifically mentioned for example telescope, peep-sight etc. Parts of firearms must not be removed. Firearms are to be kept in a safe or strong room.
9.2 Requirements for firearms storage facilities
(a) Walk-in safes for firearms must meet the following minimum requirements
in accordance with the SANS standards of the SABS:
i. Category 2 safe door;
ii. the roof or ceiling must be a reinforced concrete slab;
iii. the walls must be of reinforced concrete or a 220 mm brick wall reinforced with steel mesh;
iv. the floor must be a concrete floor; and
v. the safe must not have any window.
(b) In the absence of built walk-in safes, small quantities of firearms and ammunition must be stored in standing firearm safes which must conform to the requirements set out in the Firearms Control Regulations. The firearm safes must be SABS approved (SANS Standard) and securely attached with four (4) rawl bolts (not less than 10 mm in diameter) to a concrete or brick wall or concrete floor in an adequately secured room.
(c) No firearm must be accepted or entered in the SAPS 13 Property Register from a licencee for safekeeping in the SAPS 13 store.
(d) Police Stations with SAPS 13 storage facilities which do not conform to the approved SANS Standards must not store firearms, firearm parts, and/or ammunition in their Police Stations.
(e) Police Stations which do not operate on a 24-hour basis are not allowed to store firearms, firearm parts and/or ammunition.
(f)Such firearms (after they are ABIS tested), firearm parts and ammunition must be taken to a central firearm storage facility for storage within seven (7) days. If a central firearm storage facility is not available in the vicinity, a neighbouring Police Station that is following the SANS Standards can be utilised to safeguard such firearms, firearm parts and/or ammunition.
(g) The Police Station of origin must still retain and manage their Firearm Transfer Registers as prescribed and remain responsible for all processes to be followed until such firearms are disposed of
(h) To minimize the risks, associate with theft, loss, and/or corrupt activities, all firearms, firearm parts, and ammunition must be disposed of as soon as reasonably possible. If it appears that firearms, firearm parts and/or ammunition are not required at the trial for purposes of evidence or for purposes of an order of court, the Police Station of origin may dispose of it immediately (Criminal Procedure Act, 57 of 1977 section 31(1) (a)).
(i) Although there is no time frame in which a confiscated firearm must be ABIS tested and returned to its lawful owner, the SAPS instruction states that it must be disposed of as soon as reasonably possible.
(j) Thus, the police are obliged to hand over a confiscated firearm if the lawful owner is not criminally charged for a transgression or if he is not being investigated with respect to his fitness to possess a firearm.
(k) Where a firearm owner is criminally charged and his firearm/s or part thereof or ammunition are not required as exhibits, (at the trial for purposes of adducing of evidence or for purposes of an order of court) such a firearm owner can indeed request the Police Station of origin to immediately dispose of the confiscated firearms/s and ammunition (Criminal Procedure Act, 57 of 1977 section 31(1).
9.3 Forfeiture of firearm
(a) There are two (2) sections in the CPA to forfeit property, namely:
(i) Section 31(1)
(b):If no person may lawfully possess such article or if the police official charged with the investigation reasonably does not know of any person who may lawfully possess such article, the article must be forfeited to the State.
(ii) Section 31 (2):
The person, who may lawfully possess the article in question, must be notified by registered mail at his or her last-known address that he or she may take possession of the article and if such person fails to take delivery of the article within thirty days from the date of such notification, the article must be forfeited to the State.
(b) Firearms reported stolen at another police station cannot be forfeited to the State, but must be forwarded to the police station where it was reported stolen.
9.4 Tracing owners to collect their licenced firearms (SAPS 290)
(a) The relevant commander must ensure that a completed form SAPS 290 is sent by registered mail to the last known address of the licenced owner or visit all known addresses to hand deliver the SAPS 290 against acknowledgement of receipt by the licenced owner.
(b) If the owner has not collected the firearm within 30 days or could not be traced, the firearm must be forfeited to the State after all reasonable steps have been taken in accordance with procedures to attempt to trace the owner.
10. Ballistics / IBIS testing
Demarcation for the submission of exhibits to the Forensic Science Laboratory (FSL) is divided into the Pretoria FSL, which is also its Head Quarters, the Plattekloof Western Cape FSL, the Gqeberha Eastern Cape FSL and the Amanzimtoti Kwa-Zulu Natal FSL.
11. Conclusion
National Instruction 8 of 2017 provides a structured and legally compliant method for handling police-seized property and exhibits. By adhering to these guidelines, SAPS ensures the integrity of evidence, the security of stored property, and the lawful disposal of unclaimed or non-essential items. Proper implementation of this instruction is critical for effective law enforcement and judicial processes.
Compiled by Johan Martin: Director / Owner at Martin & De Beer Incorporated, Bloemfontein
E-mail:johan@mdbinc.co.za
The Firearms Guardian policy is administered by Firearms Guardian (Pty) Ltd (FSP47115), an authorised Financial Services Provider and underwritten by GENRIC Insurance Company Limited (FSP43638), an authorised Financial Services Provider and licensed non-life Insurer.