We will also be discussing the differences between the old Green Firearm Licenses and the new White Firearm Licenses and why it is important for gun owners to spend the money and take the time at a certified training centre to learn about the new laws and to also get some much-needed gun range-time.
As an instructor at The South African Security Academy, I have trained all manner of people to safely handle firearms based on South African law and the South African Constitution. The one thing that seems to be a universal fact is that most South Africans have very little to no knowledge of how the South African Constitution works and how important it is when it comes to firearms.
Pre 1994, the South African Constitution held the death penalty, meaning if you were to be found guilty of a terrible enough crime, the Government of the day had the right to relieve you of your rights and put you to death by means of lethal injection, etc.
After the 1994 elections, the Constitution was amended [constitution] and the death penalty was removed. This means no matter how terrible your crime was, the State may not put you to death. You may, however, serve a life sentence in prison; so what then gives a private civilian the right to take a life?
The example we usually give people when we are on the range is, the Constitution states that everyone has the Absolute Right to Life above all else, so now when may you use lethal force to defend yourself or your loved ones?
There are two conditions you must consider when choosing to use lethal force:
- The attack must have started.
- The attack must be of a lethal nature.
This basically means you must be able to prove, beyond a shadow of a doubt, that your life or the life of a third party was in danger. This is not limited only to a firearm; this rule applies to any weapon you use in a moment to fend off an attacker. At the end of the day, it comes down to what you can prove to people, who were not at the scene of the incident when it took place.
In a scenario where you are forced to defend a life with maximum force with a firearm, you need to be aware that your firearm will be confiscated and you will be required to appear in court to tell your side of the story.
Your guilt will be decided then by a judge, after weighing your actions up against the Constitution and the Firearm Controls Act. It is extremely important that you know these laws so that you can effectively protect your own life and the lives of the people around you.
