Firearm and Ammunition Offences in South Africa: Know the Law, Protect Your Rights

Written By Heidi Barter

South Africa has strict legislation governing the possession, use, and trade of firearms and ammunition. Whether you're a licensed gun owner or someone facing criminal charges involving firearms, understanding your rights and obligations under the Firearms Control Act 60 of 2000 is crucial.

At Barter McKellar, we have extensive experience in defending individuals and businesses in firearm-related cases. This article explains the key legal provisions, common offences, and what to do if you’re accused of a firearm-related crime.

The Legal Framework: Firearms Control Act 60 of 2000

The Firearms Control Act (FCA) is the primary legislation regulating firearms and ammunition in South Africa. It governs:

  • Licensing and registration of firearms

  • Control of ammunition

  • Firearm-free zones

  • Duties of gun owners

  • Offences and penalties

Anyone who possesses a firearm without proper authorisation is committing a criminal offence—and the consequences can be severe.

Common Firearm and Ammunition Offences

Here are some of the most common offences under the FCA:

1. Possession Without a Licence

It is illegal to possess a firearm or ammunition without a valid licence, permit, or authorisation. This includes:

  • Having an unlicensed firearm in your home, car or workplace.

  • Possessing ammunition without owning a firearm that can legally discharge it.

Penalty: Up to 15 years’ imprisonment, or even more for aggravated cases.

2. Unlawful Possession of Prohibited Weapons

Certain firearms are classified as prohibited (e.g., automatic rifles or modified weapons). Mere possession—regardless of intent—is a serious criminal offence.

Penalty: Often includes mandatory minimum sentences under the Criminal Law Amendment Act.

3. Failure to Store Firearms Safely

Licensed owners must comply with strict storage regulations, including keeping firearms locked in a compliant safe or strongroom. Failure to do so may result in revocation of the licence and criminal charges.

4. Unlawful Sale or Transfer

Selling, lending, or giving a firearm or ammunition to another person without going through the proper legal channels is a criminal act.

5. Negligent Discharge of a Firearm

It is an offence to discharge a firearm in a public place or in a reckless manner, even if you’re licensed.

Example: Firing a gun into the air during a celebration may lead to arrest and prosecution.

What To Do If You’re Accused of a Firearm Offence

Facing a firearm-related charge is serious and could lead to imprisonment, loss of your firearm rights and a permanent criminal record. Here's what to do:

  • Exercise Your Right to Remain Silent

Do not give statements to the police without legal counsel. Anything you say can be used against you.

  • Contact a Criminal Defence Lawyer Immediately

At Barter McKellar, we respond urgently to firearm cases, ensuring your rights are protected from the moment of arrest.

  • Avoid Tampering With Evidence

Never try to hide, discard or alter firearms or documents related to the charge. It may worsen your legal situation.

Legal Defence Strategies

Every case is unique. Possible defences include:

  • Lack of knowledge or intent

  • Challenging the legality of the search and seizure

  • Proving proper licensing or authorisation

  • Raising constitutional violations

Our attorneys conduct a thorough investigation of the circumstances and advise on the strongest legal route.

Firearm Licensing and Compliance

If you are a gun owner, employer, or security company, staying compliant with the FCA is essential. We assist clients with:

  • New firearm licence applications

  • Renewals and appeals

  • Corporate firearm licensing

  • Responding to notices of intention to revoke licences

Why Choose Barter McKellar?

Our legal team brings deep expertise in criminal law and regulatory compliance, ensuring you get the best defence possible. Whether you’re facing charges or seeking to stay compliant with the law, we provide:

  • Urgent legal representation

  • Strategic bail applications

  • Robust defence in trial

  • Guidance on firearm law and compliance

Need Urgent Assistance?

If you or someone you know is being investigated or has been arrested for a firearm offence, act fast.

Heidi Barter
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