Del HC: Pre-SCN Consultation is Unnecessary in Large-Scale GST Fraud Cases with Complex Transactions  ||  Calcutta HC: Unilaterally Appointed Arbitrator Violates Natural Justice and Sets Aside the Award  ||  Raj HC Upholds Padmesh Mishra’s AAG Appointment, Noting Advocacy Skill isn’t Tied to Experience  ||  Supreme Court: Photographing a Woman not Engaged in Private Acts Does not Constitute Voyeurism  ||  SC Directs UPSC to Permit Scribe Changes Till Seven Days Before Exams and Review Screen-Reader Use  ||  Madras HC: Freedom of Religion Cannot Extend to Disturbing Peace Within Temple Premises  ||  Delhi HC: Lokpal Cannot Form a Prima Facie View on Corruption Without Hearing The Official  ||  MP High Court: DRT Cannot Restrict or Impose Conditions on a Person's Foreign Travel  ||  Bombay HC: Results of Dec 2 And 20 Local Body Election Must be Declared Together  ||  Delhi HC: Employment Disputes Cannot be Treated as Commercial Cases under the Act    

Outdoor Investment Holdings (Pty) Ltd and Another vs. The Minister of Police & Another - (24 May 2023)

A dealer may trade in firearms and ammunition only on premises specified in the dealer’s licence

Civil

The issue before the Supreme court is whether Regulation 67 of the Firearm Control Regulations entitles one firearms’ dealer to store firearms at its licensed premises on behalf of another firearms’ dealer. The first appellant was Safari Outdoor, and the second appellant was Inyathi. Each of them had been issued with dealer’s licences in terms of the Fire Control Act, 2000 (the FCA) to trade in firearms and ammunition. Safari Outdoor conducts the business of a retailer in firearms and ammunition. Inyathi is a wholesaler in firearms and ammunition. A significant portion of the business of Inyathi is to provide storage facilities for firearms it sells to other retailers who are unable to take immediate delivery.

To interpret regulation 67 as permitting a dealer (as agent) to store firearms for another dealer, at its place of business specified in that dealer’s licence, will be inconsistent with the injunction in Section 39(1) of the FCA, which states that a dealer may trade in firearms and ammunition only on premises specified in the dealer’s licence.

Neither the FCA nor the regulations permits a dealer to provide storage for firearms to another dealer. This interpretation of the FCA and the regulations is consistent with the overall purpose of the FCA, which is to establish a comprehensive and effective system of firearm control and management. Accordingly, it was impermissible for Inyathi to provide storage for firearms on behalf of Safari Outdoor as its agent.

Tags : FIREARMS   REGULATION   STORAGE  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved