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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  

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