Courses / The Firearms Control Act / Lesson 4
Offences and penalties
What the Act forbids and how seriously. Lesson 4 of 8 · about 9 minutes to watch.
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Step through the slides. The trainer's words are under each one.
Offences and penalties
Firearms Act, lesson 4 of 8: what the Act forbids and how seriously
Today: the offences most likely to catch a private owner, and the maximum sentences in Schedule 4.
Never point it at anyone, loaded or not
- Pointing a firearm at a person without good reason
- Even if it's unloaded or can't fire
- Even something that looks like a firearm
- Up to 10 years in prison
Section 120(6) makes it an offence to point any firearm at another person without good reason, whether or not it's loaded or able to fire. It also covers pointing anything likely to make someone believe it's a firearm. Schedule 4 sets the maximum at ten years. That's why muzzle discipline is a legal duty, not just a range rule.
Offences when using a firearm
| Offence | Section | Maximum |
|---|---|---|
| Firing in a built-up area or public place without good reason | 120(7) | 5 years |
| Negligent use that injures someone or damages property | 120(3)(a) | 5 years |
| Handling it in a way likely to endanger people or property | 120(3)(b) | 5 years |
| Handling a firearm under the influence of alcohol or drugs | 120(4) | 3 years |
| Giving control to someone drunk, drugged or mentally ill | 120(5) | 3 years |
These are the use offences. Firing in a built-up area or public place without good reason, so no celebratory shots at New Year. Negligent use that causes injury or damage, or handling a firearm recklessly. Handling one while under the influence of alcohol or drugs. And handing control to someone you know or should know is drunk, drugged or mentally ill. The maximums are from Schedule 4.
Offences about possession and safekeeping
| Offence | Section | Maximum |
|---|---|---|
| Possessing a firearm without a licence | 3 | 15 years |
| Not reporting a loss or theft within 24 hours | 120(11) | 10 years |
| Giving a firearm to someone not allowed to have it | 120(10)(a) | 10 years |
| Not locking it away, or losing it through carelessness | 120(8) | 5 years |
| Altering a licence or giving false information | 120(9) | 5 years |
| Carrying in public uncovered | 84 | 2 years |
Possession and safekeeping. No licence: up to fifteen years. Not reporting a loss or theft within twenty-four hours: up to ten. Lending your firearm to someone who isn't allowed to possess it: up to ten, under section 120(10)(a). Not locking it away, or losing it because you didn't: up to five. Altering a licence or lying on an application: up to five. Carrying uncovered in public: up to two.
Maximum prison terms
Seen side by side. These are maximums; a court decides the actual sentence and, under section 121, may impose a fine or imprisonment. For offences with a maximum of five years or less, the Registrar may also issue an infringement notice with an administrative fine under section 122.
A conviction can also cost you your licences
- Many of these lead to being declared unfit
- Your licences then end
- You must surrender your firearms within 24 hours
The prison term isn't the only consequence. Many of these convictions lead to being declared unfit to possess a firearm under section 103, and that ends every licence you hold. That's the next lesson.
Anel's three rules for staying lawful
- Muzzle in a safe direction, always
- Locked away unless it's on you
- Sober hands only
Anel sums it up for Sipho, Thandi, Marike and Johan with three habits that keep you clear of almost every offence on these slides: keep the muzzle in a safe direction, keep it locked away unless it's on you, and only ever handle it sober.
Your turn
Before lesson 5
- Do the exercise: Offence or lawful?
- Answer four quick questions on this lesson
- Check your safe and keys are secure tonight
Before lesson 5, sort ten situations into offence or lawful, and answer four questions. Tonight, check where your safe keys are. Next: being declared unfit.
Do: Offence or lawful?
Is each of these an offence under the Act, or lawful?
Check
Four quick questions. The reason shows as soon as you answer.
Apply
Where this shows up in your own life.
Tonight, check that your firearm (or the safe you plan to use) and its keys are secure, and that nobody else can open it.
Ridgeview Firearms Academy and its people are fictional. This is study material written from the Firearms Control Act and the SAQA unit standards. It isn't an accredited course or legal advice; your accredited training provider runs the official tests.