1. INTEGRATED FIREARMS CONTROL MANAGEMENT SYSTEM
GUN FREE SOUTH AFRICA
Adèle Kirsten
1 September 2017

3. Introduction Gun violence epidemic: #everydaygunviolence
Strong gun laws save lives: from 34 gun deaths in 1998 to in 2016
Poor Enforcement kills: Prinsloo’s 2400 guns directly linked to death of 89 children in W. Cape; uneven enforcement of s24 of FCA undermining principle of state determining if gun owner remains fit & proper
Introduction

4. Key Challenges No protocols/NI/guidelines re: destruction
Fraud & corruption: deliberate leakage of guns; deliberate fraudulent registration of guns; deliberate alteration of guns by dealer; issuing of s21 permits
DFOs: decentralisation/limited specialist knowledge
Ballistics poorly managed: uneven verification
Risk of litigation against SAPS: 1200 guns still to be recovered; linked to1066 deaths, 89 children
Key Challenges

5. Integrated Firearms Control Management System
Systems approach: manage from cradle to grave – point of manufacture, at import, sale, possession & to point of destruction
International & Regional obligations: UN PoA; SADC Firearms Protocol (legally binding); ITI
Key Elements
- record keeping
- renewals
- enforcement & compliance
- stockpile management
- destruction
Integrated Firearms Control Management System

6. It is the collection & maintenance of accurate information (+ marking): to identify, retrieve & collate info on any weapon, its status & location at any point along its life cycle
Cornerstone of effective firearms control: who owns what gun for which purpose
A preventative measure: to stop the flow of legal guns into the illicit market
UN PoA requires states to adopt these measures at local level
Record Keeping

7. Firearm Licence Renewals
Principle: regulate the user; regulate the use of the gun; and regulate the gun
Principle: license the person; register the gun – linking specific gun to particular owner
Principle: validity of a licence shall be limited in time (ISACS module 03.30): 3 years
Dual purpose: genuine need for continued ownership of gun to be proven & state has responsibility to determine ongoing fit & proper status of owner
Firearm Licence Renewals

8. Enforcement FCA enforced through a range of structures & mechanisms:
- CFR; DFOs; Firearm Appeal Board; FLASH (firearm compliance); intelligence driven policing; and Parliament
Risks:
- fraud & corruption
- resource constraints (personnel & equipment)
Enforcement

9. Dual obligation of enforcement (State) and compliance (end user)
Factors influencing compliance:
- push factor: fear of being caught
- pull factor: legitimacy of the law
Poor enforcement gives rise to poor compliance: s24 of FCA a good example
Compliance

10. Legal obligation to secure firearms & ammunition stockpiles
Key elements:
- secure physical facility
- management of the safe storage facility
Aim:
- prevent loss & theft from legal into illegal
- prevent unplanned explosions at site
Stockpile Management

11. Record type and number of all firearms & ammo recovered/confiscated/seized
Record circumstances of all firearms & ammo recovered/confiscated/seized
Data to be disaggregated & analysed to determine new patterns of emerging trade
All weapons & ammo to be publicly destroyed within 3 months to reduce risk for diversion
Destruction

12. SAPS must ensure it has the budget, infrastructure, skill & capacity to ensure integrity across the firearms control management system
Conduct audit of all gun licences, permits, certificates issued by CFR since 2011
Establish independent firearms compliance regulatory body
Develop NI for safe storage & disposal of recovered firearms including provincial capacity
Prioritise setting down of 2009 Court Order
Hold a national firearms amnesty & public destruction
Conclusion