A sharp decline in firearm licence renewal applications has raised concerns about growing numbers of gun owners falling outside South Africa’s legal regulatory framework, prompting renewed calls for government to clarify firearm licensing rules and amend existing legislation.
Gun Free South Africa (GFSA) says the country’s firearm relicensing system is under increasing pressure after renewal applications reportedly dropped by 74% compared with previous years.
The advocacy organisation argues that many firearm owners have stopped renewing their licences following confusion created by a 2022 Constitutional Court ruling, which found that firearm ownership does not automatically end when a licence expires.
According to GFSA consultant Claire Taylor, many gun owners have incorrectly interpreted the judgment to mean that firearm licences are no longer required.
She said the court never ruled that licensing obligations had been abolished, but government has failed to adequately clarify the legal position, allowing uncertainty to persist.
Taylor explained that the firearm relicensing process serves several important public safety purposes beyond simply renewing documentation.
Authorities use the process to confirm that firearm owners remain competent to possess firearms, continue to meet legal requirements, still have a valid reason for ownership and remain in possession of the licensed firearm.
The organisation noted that government intervention in 2016 helped increase relicensing applications by about 160% after earlier uncertainty surrounding the licensing process.
However, GFSA believes the current lack of legal clarity has once again resulted in declining compliance.
Calls for legal clarity instead of punishment
Despite warning that more firearm owners may now technically be in unlawful possession of firearms, GFSA is not calling for immediate criminal prosecution of people with expired licences.
Instead, the organisation wants government to provide clear national guidance explaining how affected firearm owners can regularise their legal status.
GFSA is also urging lawmakers to amend the Firearms Control Act to remove uncertainty surrounding licence renewals and establish a practical process for bringing affected firearm owners back into the legal system.
Taylor warned that individuals found unlawfully possessing firearms could potentially face criminal penalties, including imprisonment, if the legal uncertainty is not addressed.
Illegal firearms remain a major public safety concern
GFSA cited findings by the Supreme Court of Appeal that firearms held outside the legal regulatory system face a greater risk of being lost, stolen or diverted into criminal networks.
According to the organisation, licensed civilian firearm owners and state-owned firearms remain among the largest sources of illegal guns entering South Africa’s illicit market.
Taylor said an average of 22 firearms are reported lost or stolen every day in South Africa, increasing the risk that weapons will eventually be used in violent crime.
She added that illegally possessed firearms also increase the likelihood of being used against their owners, family members or people living nearby.
GFSA believes government should continue tracing firearms recovered during criminal investigations to identify how they entered illegal circulation while simultaneously strengthening measures to prevent legally owned firearms from leaking into the illicit market.
The organisation also noted that some firearm owners still hold licences issued under the former Arms and Ammunition Act, creating additional administrative challenges when attempting to comply with the current Firearms Control Act.
Source: Gun Free South Africa (GFSA); Talk Radio 702; CapeTalk