Constitutional Court finally clarifies the position of firearm owners with an expired firearm licence
This court judgment does not only apply to Fidelity but to all persons who have expired firearm licences.
Last week, the Fidelity Security Group welcomed the Constitutional Court’s decision that finally clarifies the position of a firearm owner who possesses a firearm with an expired licence.
In 2016, the South African Police Services (SAPS) blocked such persons from renewing or applying for a new firearm licence.
Fidelity elected to challenge this policy in the Gauteng High Court and, after an initial dismissal of its case, succeeded in the Supreme Court of Appeal.
After that, the Minister of Police elected to approach the Constitutional Court to appeal the Supreme Court of Appeal’s decision.
On Friday, 27 May, the Constitutional Court dismissed the Minister of Police’s appeal. It held that any firearm licence owner, be it a member of the security industry or a private individual, may, after handing their firearm to the SAPS for safekeeping, submit a new licence application for that firearm because they remain the owner of the gun.
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