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Presentation to the Portfolio Committee on Police by the

National Arms and Ammunition Collectors Confederation of South Africa

on

Dangerous Weapons Bill 2012

Tuesday 19th February 2013

( by Carvel Webb – Chairman )

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Contents

• Focus of presentation

• Brief Introduction to “NAACCSA”

• Artefacts of concern affected by the DWB 2012

• Detail Concerns and Proposals (3)

• Conclusion

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Focus of Presentation

NAACCSA supports the revised Dangerous Weapons

Bill 2012 but believes that 3 issues require further

refinement

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What is “NAACCSA”

• The ‘National Arms and Ammunition Collectors Confederation of

South Africa’ (NAACCSA) is the ‘umbrella body’ for accredited

Collector’s Associations in South Africa , as envisaged in Regulation

5(1)(c) of the FCA .

• It was born out of the 1998 ‘Collector's Forum’ with the support of

the CFR , and played a major role in the drafting of the FCA , the

subsequent amendments , and ensuing Regulations.

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How many NAACCSA members are there ?

NAACCSA Members Aug 12

SAAACA GAUTENG 644

SAAACA NORTH GAUTENG 48

SAAACA FREESTATE 318

SAAACA CAPE 83

SAAACA KZNATAL 198

SAAACA EASTERN CAPE 39

SAAACA MPUMALANGA 27

SAAACA BORDER 44

SAAACA NORTH CAPE 116

iKAPA 42PRETORIA ARMS AND AMMUNITION ASSOCIATION 306BOSVELD ARMS AND AMMUNITION ASSOCIATION 114LOWVELD FIREARM COLLECTORS ASSOCIATION 170

NAACCSA 2149

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What does NAACCSA stand for ?

• To promote the collection, research, study, restoration, preservation and responsible recreational use of collectible arms, ammunition and related artefacts

• Sound relationships with all Stakeholders .

• Responsible and ethical behaviour of its members

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Collecting Historical Weapons in South Africa

• The bulk of Historic Collectible Weapons in SA are held in Private Collection (estimated 80%) (as opposed to Museums)

• Worth an estimated R750m to R 1000m , apart from their Historic , Heritage and other value .

• Collections of International Significance and repute.

• Values range from R1000 per firearm to R1 million

• Importance is recognised in the South African Heritage Resources Act

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Artefacts of concern affected by the DWB 2012

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This is best illustrated by a brief ‘tour’ of a typical Arms and Ammunition Collectors Convention

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Attracts large number of visitors each year – local and international . . .

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A Mauser collection from 1871 to 1945 built up over 35 years with pristine examples from all over the globe . . .

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A whole Hall on the “Battle of the Somme” in the 1914 – 1918 War – exceeds International standards . . .

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The History of American Colt Revolvers . . .

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The Russian Front in 1944 . . . .

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A collection of early British P1907 Bayonets . . .

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Rare German Bayonets from early 1900’s onwards

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Muzzle loaders from the Middle and Far East . . .

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Pistols from the 1600’s . . .

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Priceless Japanese swords and early percussion pistols

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But all of these artefacts need to be transported from Collector to Collector , or Collector to Event

How to deal with a boot full of such items at a roadblock , after the introduction of the DWB . . . .

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Key issues in the DWB 2012 relative to Collectors , and

others

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Issue 1 – Definition of “dangerous weapon”

• “Dangerous Weapon” means any object, other than a firearm, designed as a weapon and capable of producing death or seriously bodily harm.” - Ambiguous

• Many artefacts designed both as weapons AND as tools or ornaments.

 • An axe may be regarded as a tool for chopping wood OR as a

weapon, particularly where synonyms such as machete, hatchet or tomahawk come into play.

 • An unsharpened ceremonial sword manufactured out of ordinary

steel is visually indistinguishable from its full service counterpart.

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Issue 1 – Proposal

• “Dangerous Weapon” means any object, other than a firearm,

designed or adapted for use as a weapon and capable of causing

death or inflicting serious bodily harm”.

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Issue 2 – Definition of “Replica Firearm”

• DWB - "Imitation firearm" means an imitation firearm as defined in section 1 of the Firearms Control Act, and “replica” has a corresponding meaning.

• FCA - 'Imitation firearm' means anything that has the appearance of a firearm but is not capable of operating as such and cannot by superficial examination be identified as an imitation;

• BUT “Replica” now has two different meanings, in terms of the DWB and the FCA

• In the Firearms Control Act a “Replica” is considered to be a modern, fully working and licencable firearm which is a copy of a historic firearm  

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Issue 2 – Definition of “Replica Firearm”

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Issue 2 – Proposal

• Clearly the definition in either the Dangerous Weapons Bill or the Firearms Control Act will have to be changed.

 • In NAACCSA’s opinion the most practical solution would

be to change the definition and wording in the Firearms Control Act to read “Reproduction” rather than “Replica”.

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Issue 3 – Consistency, legality and workability of Section 2, sub-sections (1) and (2)

 

•“2. (1) Any person who is in possession of—

 •any dangerous weapon; or

•any firearm, replica or imitation firearm,

•under circumstances which may raise a reasonable suspicion that the person intends to use the dangerous weapon, firearm, replica or imitation firearm for an unlawful purpose, is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding three years.

•(2) In determining whether a person intends to use the dangerous weapon, firearm, replica or imitation firearm for unlawful purpose, all relevant factors including but not limited to the following, must be taken into account: etc.” (Our underlining)

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Issue 3 – Consistency, legality and workability of Section 2, sub-sections (1) and (2)

• The wording is vague and does not present either the ordinary person or the law enforcer with a clear and unambiguous statement of what is expected of him or her.

• Sub-sections 2(1) and 2(2) are inconsistent in that sub-section (1) seeks to criminalise a “suspicion” while sub-section (2) seeks to criminalise an “intent”.

• The term “may raise a suspicion” places undue discretion in the hands of the law enforcer and is probably unconstitutional in terms of a person being deemed innocent until proven guilty.

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Issue 3 – Proposal ( 3 options)

 

•2(1) “Any person who is in possession of a dangerous weapon under circumstances that justify the reasonable and necessary inference that such person intends using such dangerous weapon for an unlawful purpose, is guilty of an offence …”

(most appropriate in legal terms )

 

 •2(1) “Any person who is in possession of a dangerous weapon under circumstances that justify the reasonable conclusion that such person intends using such dangerous weapon for an unlawful purpose, is guilty of an offence …”

( may be easier to understand)

•2(1) “Any person who is in possession of a dangerous weapon under circumstances that justify a conclusion beyond reasonable doubt that such person intends using such dangerous weapon for an unlawful purpose, is guilty of an offence …”

( easy to understand and also legally resilient )

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In Conclusion

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NAACCSA believes that the proposed DWB 2012 will make

a significant contribution to the maintenance of Law and

Order in South African society , and with attention to the

issues we have raised it should prove to be workable and

understandable legislation in the minds of the average

citizen as well as the Law Enforcer

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Thank you