The Late Renewal and the Bedside Drawer

Framework

• The Act requires a renewal application to be lodged at least 90 days before the licence expires, on the prescribed form, with a valid competency certificate at the time of application.
• A licence expires on its stated date. Lodging an application does not of itself extend it.

Application

• 20 September is roughly ten days before expiry, not 90. The application is late.
• Worse, his competency certificate lapsed on 12 August. A renewal cannot be granted, and generally cannot even be properly processed, without a valid competency certificate. The application is therefore defective on two grounds.
• A verbal 'come back in a few months' from a DFO is not an extension of the licence. Possession of the pistol after 30 September without a valid licence exposes Thabo to a charge of unlawful possession, and exposes him to seizure of the firearm.

Conclusion and practical route

1. Lodge the renewal in writing anyway and insist on a written acknowledgement of receipt; simultaneously apply to renew the competency certificate.
2. Before 30 September, move the pistol to a licensed dealer for storage, or surrender it to SAPS, so that he is not in unlawful possession while the process runs.
3. Record every step in writing and take legal advice; do not rely on DFO assurances. Relying on the goodwill of a police station is not a defence.

Principles

• When a firearm is not under the holder's direct control it must be stored in a prescribed safe that complies with the standards set for the class of firearm, properly installed and secured.
• The Act imposes a duty on the licence holder to take reasonable steps to prevent loss, theft and access by unauthorised persons. Handing a firearm to, or allowing it to fall into the hands of, a person who may not lawfully possess it is itself an offence.
• The standard is that of the reasonable, prudent firearm owner - not what happens to be convenient in a house without a safe.

Application

• A loaded pistol in an unlocked bedroom drawer, with a third party who has no competency certificate knowing the code, fails both the storage requirement and the duty of care. This is not a technicality: it is the classic route to a stolen firearm used in a violent crime, and the holder carries the responsibility.
• The son's position is also serious - he could be charged with unlawful possession if he takes control of the pistol, and Thabo with enabling it.

What must change immediately

• Install a compliant safe, bolted in accordance with the installation requirements, and keep the key or code solely under Thabo's control; do not disclose it.
• Until then, store the pistol with a licensed dealer.
• The pistol should be unloaded and made safe whenever it is not carried on his person.

Challenging the refusal

• A refusal must be communicated with written reasons. Read them: refusals usually turn on competency, on the firearm not being suitable for the category applied for, or on information in the Registrar's records.
• An appeal lies to the Appeals Board established under the Act, within the period the Act prescribes, running from the date of the written decision. Diarise the date; the period is short and missing it is usually fatal.
• Judicial review of the administrative decision remains available in principle, but it is slow and expensive.

Parallel and often better route

• If the defect is curable (competency lapsed, wrong category, missing documents), re-apply with a complete, correct file. An appeal based on a bad file is a weak appeal.

The firearm itself

• While the matter is unresolved the pistol stays with the dealer or with SAPS.
• If the refusal stands, Thabo must lawfully dispose of the firearm: sell or transfer it to a person who holds the appropriate licence through a dealer, or have it deactivated or destroyed. He cannot keep it, and he cannot hand it to his son, who holds no licence or competency.
• Continuing to possess it after a final refusal converts an administrative problem into a criminal one.