Can you carry a section 15 or 16 firearm on you in South Africa?

[@camerondawson9205]

completely agree ! All my firearms are section 16 and i carry everyday. They can talk as much shit as they want at a roadblock but the law is the law. loved the video !

[@markmulder4206]

Thanks for you comment, Cameron. You hit the nail on the head 😅

[@gunlicence]

100%

[@nielvanderwalt1965]

I do the same. 3 sizes so i can carry according to need and what im wearing

[@armon8399]

This makes me happy to hear that other countries can conceal carry too

[@tonybrock5288]

In fact, as far as I understand, in South Africa, we (thankfully) have the opposite! ie: it is REQUIRED that you carry concealed! Apart from the fact that open carry is considered "vulgar", imao, you need a special licence category to open carry in public (like a police officer etc.) - which requires the firearm to be properly secured etc..

[@porter2241]

Thank you. Very useful information.

[@gunlicence]

Thanks for your comment😁

[@janmale7767]

" The Limpopo SAPS Commissioner on 19 July 2023 issued a Directive in which he indicates that the FCA does not prohibit the interchangeable use of firearms licenced under section 13, 15, 16 or 16A of the FCA, for either sport shooting and/or for hunting and/or for self-defence."

[@gunlicence]

It is always great to see logic and the rule of law prevail.

[@tonybrock5288]

This confusion, in many people, came about purely because they restricted the application for a firearm on the grounds of self defence. "Self defence" is a "REASON" for APPLYING for a firearm, and this has NOTHING to do with its actual lawful use as a firearm owner. So all they did was restrict "why" you would justify to have a firearm and I agree with this. This does NOT mean that you CAN'T USE your firearm (under a different Section) in a self defence situation - which if done properly is perfectly legal!

[@lianventer2089]

I also agree with you. All my firearms is under section 16. And I do carry my pistol everywhere 7 days of the weak.

[@TaariqLalla]

Always good listen to sound advice. Thanks mate

[@gunlicence]

Thanks for the comment, Taariq😁

[@KoffieBlik45]

Thanks for the video always good when you find someone who aligns with your values. Keep up the good work.

[@gunlicence]

Thanks for your comment, Ruan. We appreciate your support!

[@suidafrikaanseboer3320]

Thanks for the video. I just want to say one thing here about what you said and then I have another question that I would like you to answer in a next video. Just remember that if the SAPS arrests you for carrying a section 15 or 16 weapon you are going to appear in court who is most properly just as corrupt as the SAPS that arrested you in the first place you are not going to be off the hook. This event will still cost you between R20 000 and R100 000 for legal representatives etc. and the SAPS members who arrested you know this, so they look for bribes that will cost you less not to arrest you. Here is my question. You said the following words in the video: That you must have a valid license and you cannot carry your firearm with an expired license. My section 13, 9mm pistol's license expires in three and a half months. I have already submitted my renewal application early. My local DFO said that renewals usually take more than 6 months but that I am not allowed to carry my 9mm pistol during this time because I do not have a valid license. After I asked her if the receipt for the renewal with my expired license was not enough proof she then answered NO. The DFO said that if they take two years to renew my license I will not be allowed to carry my section 13, 9mm pistol for the next two years. I would love to hear your answer to this in a video.

[@gunlicence]

Hi there, thanks for your comment and questions. FIrst off, there have been several official SAPS directives issued over the years, stating in no uncertain terms that the public may possess any firearm and carry the firearm on their person, regardless of section. Case law is strongly on the side of the citizen when it comes to wrongful arrest. Our advice is never to cower in fear because organizations do not know the law. We strongly support the law and our constitution, regardless of what some incompetent officers may think. Bending to incompetent officials is a very slippery slope, as it opens the door for rights to be stripped away. What happens when some SAPS officers say you cannot wear a blue shirt on a Monday? Do you comply? I would hope not. As far as your second point is concerned, your DFO is incorrect. While the FCA does state that you must have a valid licence, SAPS has failed to abide by their own timelines, IE the 90 day period. For this reason, directives were sent out to every station in the country, stating that a licence remains valid while SAPS processes the application. This is due to SAPS's own failing. Our advice is to carry your firearm, as well as the payment receipt, showing that you have complied with the FCA. If you would like more clarification on this, feel free to reach out to Martin Hood or Damian Enslin. They are the top firearm lawyers in SA. I hope this information is helpful.

[@suidafrikaanseboer3320]

Thank you very much for your answer. I just want to add one more thing that I would like to see as a firearm owner in South Africa. Firearm organizations such as SA Hunters, NHSA etc. must negotiate with lawyers like Martin Hood or Damian Enslin and many more who specialize in firearm law to start a policy like Legal Wise where a gun owner pays a monthly amount and is then being defended by these lawyers for free when he or she gets illegally into trouble with his firearm due to corrupt police. One of my firearm owner friends says that it is cheaper to leave your firearm in the safe at home than to carry it on you because if you come across corrupt police at a traffic stop you have to pay 'n bribe of R5 000 on the spot or you have to pay a down payment of R10 000 or R20 000 in advance immediately for a lawyer to start to defend you. He already had to pay bribe money because his section 13, 9mm pistol was loaded with hollow point ammunition and according to the traffic police is illegal because it is excessive force. His firearm was taken from him by traffic police at a roadblock in Pretoria and he only got his firearm back after he returned from where he had withdrawn the bribe money from an ATM. If I have to pay for example R100 every month and I know that if my firearm is illegally confiscated by corrupt police or I am illegally arrested because of my firearm at a traffic stop and I know that I will be defended by Martin Hood or Damian Enslin for free I will then never pay the bribe money or be intimidated. I know that I will be defended by professional people and it will not cost me money that I do not have. I personally think that in a country like South Africa where our police and justice system are so corrupt there should definitely be such a type of policy supported and administrated by SA Hunters, NHSA and all other firearm organizations.

[@gunlicence]

I'm sorry your friend had that terrible experience with a criminal cop. There is an amazing legal insurance product that was created for this exact reason. www.firearmsguardian.co.za offers firearm owners legal representation in almost any case, civil or criminal, where a firearm is involved. Everyone at Gunlicence.co.za is personally a member. We can highly recommend checking them out.

[@wernermiller7333]

Some more scenario based videos would be great. Thanks for this one.

[@gunlicence]

Hey Werner, thanks for your comment😁 There are definitely more scenario videos planned for early next year.

[@Michael-hm8cs]

The key phrases in S13, S15 and S16 are "or for any lawful purpose". Self defence is a lawful purpose. Carrying a duly licensed firearm is a lawful purpose as it is lawful to possess. (tldw)

[@gunlicence]

100%

[@gagumatsebula7607]

Most informative. This is highly appreciated. Thank you.

[@gunlicence]

Thanks for the comment Gagu😁🙏 so glad you found the video informative.

[@quintinbannister6749]

Thank you for clearing it up.

[@gunlicence]

Thanks for the comment!

[@DN-kz7xl]

As far as my knowledge goes, one cannot use self-defense as part of your motivation when applying for a section 15 / 16 license, but when a situation arises whereby your life is in danger, it is logical that you can use any weapon at hand or the kitchen zinc to defend yourself. When you conceal carry a weapon licensed for sportshooting e.g. at work or going shopping, I can see how that can be viewed as that weapon now being used for self-defense, for which it has not been licensed.

[@gunlicence]

That does make logical sense, however the Firearms control Act is quite clear that you may use your firearm where it is safe to do so and for any lawful purpose. It also says that you may have any firearm in your possession as long as you have a valid licence, it's covered and in a holster or a bag, regardless of section. Common law states that you may use any means at your disposal to defend life. The two laws work in tandem to empower civilians. This is a very good thing.

[@andrerheeder7578]

Thank you so much for the Great video! And for clearing it up !🙏🏻

[@gunlicence]

Thanks for the support, Andre! It is appreciated.

[@benjacobs6531]

Yes you can. U can have any firearm on you for any legal purpose. SD is a legal use for a gun. So is huntinh, sport shoot, etc

[@gunlicence]

We are filtering through old comments. We fully agree!

[@ElGrandeSD]

Thanks for this very useful… I was stoped at a roadblock and my pistol was being “inspected”. I had hollow point rounds in my mag and spare mag.The police officers proceeded to order me to police station because they claimed that hollow point ammunition is illegal??? I was finally warned to hand in the illegal ammunition at the nearest police station????🤷🏽

[@gunlicence]

That is a very unfortunate and frustrating situation. Sorry you had to experience that. At the end of the day, the law is the law, regardless of whether you are a citizen or a police officer. Many cops will mask their incompetence and lack of knowledge with bravado and orders, to make themselves look competent. We are big fans of Firearms Guardian, who provide legal cover and assistance regarding matters where a private firearm is an element - bit.ly/3rshGLz

[@footfuny3089]

Thanks for the help you are doing a good job plz keep on helping us

[@gunlicence]

Thanks so much! We are glad they help. We plan to put out regular informative videos.

[@janmale7767]

Good video! I was concerned about that one myself,bacause my .32 is section 13,and have purchased a .38 special on section 16. I giogled and found a Chief of Police letter of Limpopo stating you are perfectly in your rights to carry a section 16 on your person! By why are the Police ill informed on this matter may i ask?

[@gunlicence]

The directive which you speak of was sent to all station commanders in some form or another. Unfortunately we still hear cases of possibly illiterate SAPS members who hassle people about this, although much less frequently. I can highly recommend having a look af www.firearmsguardian.co.za

[@stevensteven5261]

Thank YOU for opinion. Very helpfull and correct .

[@PuddingMamba]

Awesome video! Any chance of doing a vid on law in connection with carrying, specifically Firearm Free zones and gun free zones?

[@gunlicence]

Thanks for your comment, Lee😁 That would be a very interesting topic. There is definitely a chance this will be discussed on the channel.

[@drum3375]

Thanks Mark,great info

[@gunlicence]

Thanks for the support😊👍

[@shanestewart4152]

Great video Mark saved and downloaded 👍 just incase

[@gunlicence]

Thanks for your support Shane! It is really appreciated.

[@DN-kz7xl]

Caluse = clause.

[@garethoreilly6948]

Just Subbed and rang the bell .... thank you guys for the info you have just confirmed what i have been saying

[@gunlicence]

Hey Gareth, thanks so much for your comment!

[@tayyibsydow]

Thanks so much for this, really informative and a great help in contributing to my decision, I wanted to know where we stand with longer guns in relation to self defence and carrying it thanks

[@gunlicence]

Thanks so much for the comment. I am very glad this video helped you.

[@ifeelslick]

Thanks a lot, this really helped a lot, recently got my firearm and wasn't sure, but this definitely put my mind at ease.

[@gunlicence]

We are filtering through old comments. Thanks for your comment! Glad the video helped.

[@williamjordaan2579]

What about using a section 16 semi auto rifle/shotgun in a "house/farm attack" scenario?

[@Ratkas007]

Something doesn't make sense to me. Why license a section 13 handgun for self defense for which you can only have one, and is only valid for 5 years, but walk around with as many section 15 or 16 handguns as you want and use it for self defense where the validity period is 10 years? Why get the section 13 in the first place?

[@markmulder4206]

You are not the first or the last person to ponder this. The short answer is, its just the way the law is written. The Firearms Control Act is a very simply written law and some inefficiencies do certainly exist. One thing to note is that you do need to jump through more hoops to get a section 16 licence. The fact that you can carry it and use it for self defence is also a side benefit, and not the main reason for obtaining a section 16 firearm. For those that just want a handgun and no more than 200 rounds, section 13 provides an easy solution for them, without having to obtain club membership and maintain dedicated status. I think it comes down to what the individual requires. For your more paraat members of society the benefits of section 16 are blatantly obvious.

[@tonybrock5288]

This confusion, in many people, came about purely because they restricted the application for a firearm on the grounds of self defence. "Self defence" is a "REASON" for APPLYING for a firearm, and this has NOTHING to do with its actual lawful use as a firearm owner. So all they did was restrict "why" you would justify to have a firearm and I agree with this. This does NOT mean that you CAN'T USE your firearm (under a different Section) in a self defence situation - which if done properly is perfectly legal! And PS: Section 16 is fun and not onerous, just try it out!

[@dreammediafilm]

As far as I know a section 16 cannot be loaded unless in use for hunting or sports shooting.

[@gunlicence]

@dreammediafilm It must be unloaded when "stored", ie mag out when in the safe. Carrying your section 16 in a holster, round in the chamber is perfectly legal😁👍

[@armandgrove6274]

Awesome video. Exactly what i wanted to know🍻

[@gunlicence]

Hey Armand, Tha KS so much for taking the time to leave a comment😁🙏

[@WmRowe-yx8iq]

I rotate my section 13 and section 15 firearms weekly or as my mood or clothes decide the two times I was stopped the cops never even checked it

[@gunlicence]

Your guns, your choice, your freedoms!😁

[@DTollz]

Late to this video, but great and informative, thanks so much for the info. Can you or anyone else tell me, in South Africa, when it comes to entering establishments, buildings etc. that have a no firearms allowed sign, what are the legal implications, or right of admission implications? Does one have to indicate to security or someone that you are in possession, or are you allowed to conceal carry but will have to leave if asked should you be identified as carrying?

[@gunlicence]

Hi there Darren, thanks for your comment! This is actually a very good question that we get quite often... perhaps the topic of a future video. In short, the law makes provision for "gun free zones", which have to be officially declared such by the relevant minister. Unless you are entering an official "gun free zone", you are within your rights to lawfully conceal carry your firearm, provided that this is done in accordance with the law, ie. in a holster, concealed, and with a valid licence. Those "no guns allowed" signs you see on private establishments, such as malls and private shops does not constitute a "gun free zone". It is the same as a sign saying "no vaping" or "no skateboarding" or "no red hats allowed". If someone from the establishment, such as mall security ask you to leave, you must do so without delay, due to the "right of admission reserved" policy. Failing to leave a private premises after being asked to is technically trespassing, and at this point in time is still a punishable offence... although the powers that be are actively trying to strip the teeth from the trespass act, once again empowering criminals. Our general rule is, carry your gun everywhere, unless you are physically stopped, searched and denied access, or the place you are entering is a legit gun free zone, of which there are very few. PS. Keep in mind that criminals do not follow the law, so they are very unlikely to adhere to a gun free zone...

[@Michael-hm8cs]

@@gunlicence So, I went to court the other day and was carrying. I declared to security that I was carrying and asked who I should talk to to deposit the fa in a safe. He directed me to the police offices next to the court house. When I enquired about it they said they couldn't help as they didn't have a register any longer to sign it in. This left me in the untenable position that I would have to take the fa into court or miss my case... The situation in this country is ridiculous. I went to go and fetch my motorcycle licence from the city admin building...once again I was not permitted inside and no provision is made for safe storage.

[@Dgtrscn]

In America we have the same problem with the police, even we have the 2nd Amendment in our Constitution

[@TheMrpunisher77]

Question: If I can use my section 16 for self defense why would anyone apply for a section 13 if I can use my section 16 to defend themselves?

[@gunlicence]

The Firearms Control Act allows for one to use a number of reasons to motivate a particular firearm licence. One should always be honest when dealing with SAPS. If your intention is to only use a firearm for self defence, we recommend licensing that firearm for self defence... If however you will be using it "primarily" for dedicated sport shooting, then we recommend licensing it for dedicated sport shooting. The law is quite clear that you MAY have any firearm in your possession, provided that the following 3 criteria are met. 1. You have a valid licence for the firearm. 2. The firearm is in a holster or holder designed or adapted for the carrying of the firearm. 3. The firearm is under your direct control and is completely covered.

[@odibonolo3185]

All his guns are section 15 and 16 💪🏾

[@calebgovind5009]

Ive heard police say it time and time again that hollow points are illegal and no law states this. How would u approach a situation if a cop tries to take ur firearm just bc of the rounds u are carrying ?

[@gunlicence]

It is very sad that so many SAPS members simply don't know the law. We highly recommend signing up with www.firearmsguardian.co.za They will be able to nip this type of situation in the bud, as well as defending you if you are every criminally charged. If a SAPS member gives you nonsense for carrying hollow points, be nice and calmly explain that they 100% and that you purchased them over the counter at a registered gun shop. If that doesn't work, request to leave or request his shift supervisor, usually a higher ranking officer with more knowledge. Having legal backing gives you great peace of mind in stupid situations such as this. You would be able to get a lekker settlement if you were arrested or harassed for this.

[@calebgovind5009]

@@gunlicence thank you for the advice and I'll sure to check out the legal advisor u provided. And i hope I get a settlement if in that situation 🤣😭can buy me a new gun

[@gunlicence]

@@calebgovind5009 Hopefully you don't find yourself in that situation... But I support how you would spend your settlement money!🤣🤣

[@florisbrand1429]

On the way to the range carry club membership card obviously with the relevant gun license too

[@gunlicence]

You are required to carry your licence for the relevant firearm. You are not required to carry any club membership, but feel free to do so if you like😁

[@russelsellick316]

You didn't mention Section 17 which is all I have.

[@Ratkas007]

What about carrying a .44 Cap and Ball Black Powder Firearm?

[@Ratkas007]

@Gunlicence what does law say about this??

[@barrishenriksen]

So the law says i can carry my gun then how are Banks and Hospitals not allowing me to take it in , can they superceed the law.?

[@thembelssengwayo6896]

The next question is can you carry a full automatic rifle or use it in a public area in South Africa.

[@FrancoisCarstens-ol6fx]

Hey Mark, just came across your channel. Thanks for the content. I did my competency with you a while ago. Just wanted to check with you, I licensed my firearms under section 16, and planning to license more firearms. Even though I have dedicated status and licensing all under section 16, is it better/safer to still license a carry gun under section 13? Or would you recommend still licensing under section 16 and fight the battle if/when you have to? I think you answered the question already in this video while I'm typing this by saying your carry gun is also licensed under section 16.

[@AngryBadgerSystems]

Hello, I have a section 16 for my 9mm. I would like to know if I can carry it OWB in a holster and concealed under my shirt and jacket? Please can you advise if this is legal according to this video. I find the IWB holster are extremely uncomfortable and hurt as I drive a lot and get in and out my vehicle a lot. Thanks

[@poison_corpse3140]

Can you please make a video with a scenario of being pulled over by SAPS while carrying?

[@gunlicence]

We are filtering through old comments. This is a good idea. We will be churning out new content soon. We briefly cover this in this video - kzbin.info/www/bejne/fmetY2hnaqx_e6M&t

[@denyshinrichsen9711]

Can one carry Blank pistol on you for self defense

[@gunlicence]

While we don't recommend carrying blank guns for self defence, the law does allow for the carrying of them, provided that the same rules apply as in the case with a real firearm. 1 - It must be completely concealed, IE. not visible to the public.

[@christopherspaw6235]

im curious how hard it is to obtain a license to carrier or even be able to buy a gun in south Africa

[@azariah8755]

Hi, getting ready to buy my first gun, so I don't even have to bother with section 13 I can just go directly to 16?

[@gunlicence]

Congrats on making the decision to buy and license a firearm😁👍 It is technically an offence to make false statements in an application, so we always recommend licensing a firearm for ints intended purpose, such as dedicated sport shooting. After the licence is issued, you can use the firearm for any lawful purpose, including carrying it on your person and using it to defend yourself, lawfully👍

[@GadgeteerZA]

I carry my ultra-compact pistol in my pocket, but it is fitted inside the pocket "holster" that comes with the pistol. It is really a form of pocket protector, but worth remembering if someone wants to carry in their pocket. Technically, it is still a holster.

[@gunlicence]

You could argue its your special gun pocket🤣 But honestly, rather carry it in your pocket than not carry it.

[@KenjiLo1]

So, the FA act does not say "conceal", it only says "covered"..

[@jacksilver2963]

Yes this is what we call synonyms. Two different words with the same meaning.

[@gunlicence]

We are filtering through old comments. You are correct. For all intents and purposes covered and concealed are the same thing. We had to get this message out ASAP and didn't have time to script, so it was filmed live and posted.

[@Western_Hemlock]

Thank you, this video is really informative. I do have one question: Could age be an issue if I'm under 21? (19 years old)

[@Michael-hm8cs]

no. 18 is the age of majority so you are good to go.

[@gunlicence]

Hi there, so sorry for missing this message. The Law does provide for the issuing of competency and a firearm licence to a person under the age of 21. You will need to either be gainfully employed or a dedicated hunter or sport shooter. We have assisted many under 21s to obtain licences, over the years. It is very possible. In fact, we are so confident we will get you a licence, we provide a full money back guarantee. You can get in touch via: Website - www.gunlicence.co.za Email - [e-mail] Whatsapp - 0717444633 Telephone - 0215181222

[@jzinyani]

Can i carry my shotgun or other section 16 rifles for self defense?

[@gunlicence]

While you may use any means at your disposal to defend innocent life, including a shotgun or rifle, we must always ensure that we remain within the confines of the law. In this case, the firearms control act. What this means is that your firearm must be completely concealed and under your control. You must also ensure that the mantle of innocence remains with you. What this means is that if the court decides that you provoked a situation or preempted a situation without taking reasonable steps to avoid an attack, this would possibly not turn out well for you. An example of this would be meeting someone at a set time and place to settle a physical altercation, taking your shotgun along as backup. Not a very smart move and legally grey. If however, you are attacked at your house and defend yourself with a shotgun or your AK, this is a completely different scenario. I hope this makes sense.

[@MarcusKhakhane]

How can I get in touch with you? I'm in the Free State

[@gunlicence]

Hey Marcus, so sorry for the delayed response. You can get in touch via: Phone - 0215181222 Whatsapp - 0717444633 Email - [e-mail] Or check out our website - www.gunlicence.co.za

[@MarcusKhakhane]

@@gunlicence no probs Pella We'll be in touch soon.. Groot Groot Dankie Keep well

[@ThinkleTink]

Whats up with the focus on this video ? its actually killing my eyes :P

[@gunlicence]

We are filtering through old comments. This was definitely not intended, lol We needed to put out the message quickly and didn't take the necessary time to make sure the video quality was correct.

[@wliebenberg4186]

Sê die mense Mark 😉