Gun dealer granted urgent interdict
June 25 2009 at 05:46PM

A Randburg firearms dealer has obtained an urgent interdict to force Police Minister Nathi Mthethwa to come up with a plan on how he should deal with firearms entrusted to him by members of the public.

Leon le Roux of Randburg Firearms was also granted a stay of any immediate police action against him. He turned to the High Court in Pretoria for help, saying he feared he might be arrested at any moment for contravening the new Firearms Control Act, despite his continued pleas to the police for assistance. Judge Bill Prinsloo granted an interim order, with a return date of August 18, staying any actions taken in terms of the new Act against Randburg Firearms, its members and employees with regard to firearms in its possession.

Prinsloo also ordered the minister to provide the dealer with a directive of the actions he had to take to address the problem of firearms of third parties in possession of the business.

Le Roux said in an affidavit an enormous number of firearms had been handed in at the dealership for safekeeping prior to the new Act coming into effect. These included firearms from owners who did not have a proper safe; owners who were waiting for the finalisation of their re-application for firearm licences and others who had not yet applied for re-registration. He said it appeared that, as with drivers licences, the normal public refused to adhere to the new Act and at the last minute sought a quick solution and urgent assistance for their problem.

Firearm owners without licences, or proof that they had re-applied for licences, have until June 30 to hand in their firearms to firearms dealers or the police for either destruction or transfer to the dealer's stock.

Le Roux said there was no problem where owners signed the requisite police forms for their firearms to be transferred to the dealer's stock, even though the police had not yet processed these forms. He said the stock register of his business was up to date and complied with the Act and conditions set by the SAPS in terms of its licence to operate as a firearms dealer.

The problem however arose with firearms handed over for which new licences had not yet been granted or for which the owner had not yet applied for a new licence. These firearms could not be entered into any register and in many instances he was unable to contact the owners. Le Roux said he had on various occasions requested the SAPS to assist in this regard, but received no response.

After a meeting between the SAPS and various firearms dealers, dealers were informed that the firearms could be transferred to their stock or handed to the police for destruction. The police, however, made it clear that they would not take responsibility for any decision made by a dealer in relation to the firearms and that the final decision and responsibility remained with the dealer.

"This directive puts the applicant in an untenable position," Le Roux said. He said he had been warned by a member of the police that the SAPS planned to act against him and would look for any reason to arrest him. - Sapa