New gun ban for South Africa

The Department of Trade, Industry and Competition has gazetted new draft proposals to ban the import of “blank” guns in South Africa, as they have become common features in criminal activity.

Blank guns are realistic and functional recreations of firearms designed to shoot non-lethal rounds known as “blanks”.

They are often used for legitimate purposes, like training in the South African Police Service (SAPS) and South African National Defence Force (SANDF), signalling in sports events, or as props in movies.

However, the SAPS noted that these replicas have become a growing concern in the country as they are frequently being used in criminal activities, especially contact crimes like robberies and hijackings.

These has been particularly egregious in the Western Cape, the department said.

The rise in blank guns being used in crimes is due to their realistic appearance, making them effective tools for intimidating victims. They are also much easier to acquire, and do not come under close scrutiny.

Worryingly, the department noted that these guns can also be illegally modified to fire live ammunition, turning them into actual lethal weapons.

“What makes policing of blank guns difficult is the fact that they are not currently fully regulated in terms of the Firearms Control Act, 2000, especially the possession of these devices,” the department said.

Consequently, in recognition of the danger that blank guns pose to public safety, the SAPS has taken steps to regulate them more strictly.

One of the ways authorities is trying to do this is by ameding South Africa’s laws to place blank guns in a similar category to conventional firearms in terms of legal oversight.

Another is to take measures on the importing of these replicas.

“However, the amendment process is ongoing and will require time to finalise – all the while, blank guns are being used to commit crimes,” the department said.

“In light of the urgency of the matter, the SAPS has appraoched the International Trade Commission of South Africa with a request for the immediate imposition of controls on the import of blank guns.”

Ban or import restrictions incoming

The SAPS has requested that the import of blank guns either be banned or significantly restricted. The DTIC has now opened the matter for public comment.

An outright ban, as is implied, would see full prohibtion on bringing blank guns into South Africa.

However, the department said that the legitimate uses of these guns should be taken into consideration.

The alternative to the ban is introducing an import permit system, which would require importers — whether individuals or legal entities — to undergo an indentity verification process.

Importers would also have to submit a declaration for the intended use of the blank guns, which will include only two general acceptable purposes: Training exercises by the SAPS, SANDF and security firms, or film production.

While other purposes would be considered, it would be up to the commission to determine whether this poses a risk to public safety or not.

Supporting documentation, such as contracts or project outlines would also have to be submitted, while the import for sale or transfer won’t be allowed, unless approved by the commission.

As an added measure, the commission may also require that importers maintain a database of verified purchasers, including all necessary details.

Importers would also have to apply for and obtain a permit for blank guns and may be subject to random inspections.

Crucially, whether the department moves with a ban or permit system, the import of modifiable blank guns will not be allowed in any case.

“Technical assessments may be required to certify that imported models do not pose a risk of conversion or modification,” the department said.

Interested parties are invited to submit comments.

Given the urgency of this matter, comments must be submitted within a period of two weeks from the date of publication of this notice.

Comments should be directed to: The Minister of Trade, Industry and Competition, for the attention of
Donovan Mitchell, at [email protected]