Pretoria - Firearm owners, whose licenses have expired, may remain in possession of the guns despite the 30 June deadline imposed by government.
"Legal firearm owners may poses, sans use, their firearms ... and the 'old green licence' will be sufficient proof of the legal possession of the firearm," said police spokesperson, Director Phuti Setati on Wednesday.
The Firearms Control Act, which was being phased in over five years ending 31 June, was aimed at forcing licensed gun owners to re-apply for their licences, including applying for competency certificates, failing which they must dispose of their firearms, or could have them forfeited to the state.
However, a hitch in implementing the transitional provisions of the Act came about after a High Court judgement on 26 June.
Judge Bill Prinsloo granted the urgent order that all firearm licences approved under the 1969 Arms and Ammunition Act shall be deemed to be lawful and valid, pending the outcome of an application to declare portions of the new Firearms Control Act unconstitutional.
The South African Hunters and Game Conservation Association made an application to the court to determine the constitutionality of the transitional provisions in the Act.
The court will have to decide whether the constitutional principles in respect of the protection of private property, the principle against criminal prosecution as well as fair administrative procedures had been complied with.
Director Setati, briefing the media on Wednesday, said all firearms that have voluntarily been surrendered to the police for the purpose of destruction, may not be destroyed until further directives have been received.
Also a person who had applied for the renewal of their firearm licence and was refused may also legally continue to possess such firearms in terms of the previous Act until further notice.
"All these positions have been communicated within the SAPS in the provinces," said Mr Setati.
Mr Setati said all current administrative processes applicable to the provisions of the Act, must still continue within the ambit of the existing processes and procedures.
Briefing the media on Wednesday, Chief Executive Officer of the South African Hunters and Game Conservation Association, Jan van Niekerk, said the association was not against the new Act but concerned by certain parts on it.
He said the new Act was not rational as there was no proof whatsoever that legal gun ownership had contributed to the proliferation of illegal firearms in South Africa.
Mr van Niekerk said the SAPS lacked the capacity to deal with the overwhelming logistical demands in implementation of the new Act.
He further said that licensed gun owners were never notified in writing about it and that thousands still did not understand the implications of the new Act.
The SAPS have said they would improve on this by embarking on road shows and izimbizo.
