GUIDELINE FOR ASSESSMENT OF “GOOD STANDING” AS DEFINED IN THE FCAB, AND REGULATIONS, FROM A COLLECTORS PERSPECTIVE

1.         Introduction

 One of the major shifts in emphasis between Act 69 , and the FCA (2000) / FCAB (2007), is the move from “passive” to “active” compliance for dedicated groups and Private Collectors.

 Whereas previously it was deemed sufficient for a member of an Accredited Collector’s Association to pay his/her annual fees, and maintain a clean disciplinary and criminal record in order to maintain membership, this has shifted with the expectation and requirement that the member should be an “active” part of the collector’s movement and firearms community.

 However this “activity” can be evidenced in many ways, as set out further in this document.

 

 2.         Legal requirements

 Regulation 5 (or 6 in the revisions) clearly stipulates that –

 5.         (1)A collectors association that applies for accreditation must, in addition to the relevant information required by regulation 2, submit proof to the satisfaction of the Registrar that the association –

 (b)       will only allow membership of a person to the association as long as the person is in good standing with the association;

 Regulation 2, in terms of general conditions for accreditation, also has clauses which address this issue –

 2.         (1)An applicant requiring accreditation for a purpose contemplated in the Act, must apply to the Registrar for such accreditation.

 (8)       In deciding whether an applicant fulfils the criteria referred to in sub-regulation (7), the Registrar may also take into account, where applicable

 (e)       the code of conduct or ethical code of the applicant, and any disciplinary code or measures applicable to the members or employees of the applicant;

 (g)       the number of paid-up members and the conditions required to become a member of the applicant and maintain or forfeit membership;

 (i)         the intent of the applicant to fulfil the purpose of the accreditation;

 (k)        the intent of the applicant to promote the purposes of the Act referred to in section 2 of the Act;

 “Good Standing” is defined in the Definitions Section of the Regulations as follows –

 (xiv)     “person in good standing” means a person who –

 (a)       is or remains acceptable to an accredited hunting association, sports-shooting organisation or collectors’ association as a dedicated member or collector, as the case may be;

 (b)       actually fulfils the intent of the Act in respect of his or her status as a dedicated hunter or dedicated sports person, or collector as the case may be; and

 (c)        is not unfit to possess a firearm in terms of the provisions of the Act;

 With the revisions to the Regulations to address the requirements of the Amendment Bill (FCAB), it was highlighted that sub clause (b) above could be construed as unrealistic, in that it would be practically impossible for an individual to single handedly “fulfil the intent of the Act “

 Taking into account the ‘intent’ behind this clause, i.e. that members needed to be ‘active’ in pursuit of their legitimate collecting interests, the following was proposed as an alternative which is currently in the draft Regulations for comment –

 (b)       promotes conformity with the Act in respect of his or her status etc

 

3.         Recommendation –

 Taking the above background into account, it is therefore proposed that a uniform approach amongst NAACCSA members be adopted with respect to the assessment of good standing, which includes the following –

  •  Members are required to promptly pay their membership fees on an annual basis, and the onus is on the member to furnish proof of payment
  •  Members defaulting on payment may retain provisional membership provided no disciplinary or other situations have occurred, but will be ‘frozen’ for a further period of 12 months during which they may apply for full re-instatement provided adequate reasons for non-payment are furnished.
  •  If the member remains in default after the 12 month grace period, then membership will be terminated, and details furnished to CFR.
  •  As part of the payment of annual fees the member must sign a declaration that he/she has not been charged with, or found guilty of any offence under the FCA / FCAB.
  •  The member must furnish details of his/her ‘activity’ or contribution to the Association, or a related Association or Body which is part of the Collectors fraternity, where this is agreed to by the ExCo of the Primary Association concerned.
  •  “Activity” can take the form of, but not be limited to, the following –
  •  Participation in the Association’s formal program events – shooting, lectures, displays, swop meets etc
  •  Participation in formal or informal Special Interest Groups (SIG’s)
  •  Assisting with the organisation or running of the above
  •  Writing articles for Journals, News letters or email discussion groups
  •  Assisting other members with Classification, re-licencing etc
  •  Contributions to, or participation in, ExCo or sub committees.
  •  Participation in statutory bodies on Collector’s behalf

  

Prepared and approved by NAACCSA ExCo