Gun Control: Restricting Rights or Protecting People?
Crime statistics released in South Africa have consistently shown that more often than not, guns are used in the commission of violent crimes such as murders and robberies. Possibly as a result of the continued rise in firearm-based crimes, the Minister of Police is looking to have the Firearms Control Act 60 of 2000 amended. The proposed amendment will lead to tighter measures for obtaining firearm licenses.
Importantly, the proposed amendment will mean that it is no longer valid to obtain a firearm license for self-defence. However, the current Firearms Control Act is quite thorough when it comes to obtaining a license. Applicants have to pass background checks; a firearm competency test and the application must be accompanied by a ‘compelling’ motivation as to why the applicant should possess a firearm. This is generally far more thorough than many foreign jurisdictions.
The proposed tightening of gun control laws in South Africa has been met by mixed emotions in the public. Groups such as Gun Free South Africa have proclaimed that the Firearms Act has been extremely influential in the decline in crimes where a firearm was used in the commission of the crime. However, some believe that the tightening of gun laws only hurts the interests of bona fide citizens that own firearms for self-protection and the like. Further, a study done at the University of Witwatersrand revealed that they found no evidence that there is a material relation between the Firearms Control Act and a reduction in crime levels. Why then, does the Government make it even harder for citizens to obtain licenses for a firearm even under the pretence of self-protection?
The main issue related to the above is the use of unlicensed firearms. It can be argued that no amount of legislation can have an effect on this area of firearm possession, and it is for this reason that most people have pleaded for self-protection to remain a valid reason for obtaining a firearm. On the flip side, a reduction in licensed firearms would mean less firearms in circulation thus having a positive effect in less firearms possibly ending up in the hands of criminals.
One should not be naïve, however, to the fact that it is often very easy for an individual to obtain illegal firearms whether through the black market or through corruption in the policing system. Thus, whatever the end result of the implementation of more stringent firearm legislation, the Government should focus on further physical intervention in the confiscation of illegal firearms. If you are going to limit the means of self-protection for every citizen, then it is only right to ensure, as far as physically possible, that the reason for self-protection is handled with due regard.
Written by Jabu Price-Moor
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