GUIDELINE TO COMPLETE MOTIVATION FOR NEW APPLICATION:  NAACCSA STANDARD FORMAT 05

(Certification of “Approval for Collection” for a Collectible Firearm in terms of Section 17(1)(a) (non Heritage Items) of the Firearms Control Act (Act 60 of 2000).)

Background

 The above document marks the culmination of a process which started in January 2004, which was designed to meet the requirements of the FCA (2000), and subsequently the FCAB (2007) , in respect of Applications for New (collectible) firearms by registered collectors, to ensure a smooth and compliant passage through the Association and  SAPS (CFCR) approval process .

 

Key elements of the document

  •  ALL applications for firearms ( including those of Registered Collectors) , require to be motivated  (Refer SAPS 271 section G61, which is repeated in the DFO guidelines )

 Apart from this general requirement, Collectors and Collector Associations have some specific requirements –

 

  • The Applicant/ Member’s (primary) Association must approve the firearm

 

(Section 17(1)(a) of the Act – “A firearm which may be possessed in a private collection is any firearm approved for collection by an accredited collector’s association . . .  )

 

  • The Member (Applicant) must base his/her motivation on certain defined and prescribed collectability attributes of the firearm

 

(Section 17(1)(a)  “. . .historical, technological, scientific, educational, cultural, commemorative, investment, rarity, thematic, or artistic value. . . ”)

 (Although this is in the FCAB , these attributes will already be recognised , which is to our advantage)

 

  • The Association must assess the motivation and the firearm , based on these attributes

 

(Section 17(1)(a) – “based upon such . . .value determined by the Association”)

 

  • The Association must confirm that the Applicant has an approved Theme or Field of Interest , and is classified in a specific Category (C, B, or A) , and that the firearm fits within the approved Theme and Category

 

(old Regulation 5(1)(a) , and Section 17(2) “. . .the applicant . .qualifies to collect the firearm, prohibited firearm , or restricted firearm “ )

 

  • The Association must confirm that the Member (Applicant ) is a registered member , and in ‘good standing’ 

 

( Section 17(2) “ . .applicant is a registered member . . .” and old Regulation 5(1)(b)

“ . . . will only allow membership of a person to the association as long as the person is in good standing with the association”

 

  • Although the responsibility to ensure the accuracy and adequacy of the determination of collectability has been entrusted to the Accredited Association, the Registrar still has the discretion as to whether to approve the licence, and is required to check and ensure that the Association as a ‘Legal Administrative Entity’ has ‘applied its mind’ in arriving at its decision / recommendation in accordance with its ‘dedicated procedures’ and responsibilities under Section 17.

 

The submission must therefore be in sufficient detail for the Registrar to see that the Association has made an informed decision, and enable him to approve the licence

 ( Section 17 (2) “ . . the Registrar may issue . .  not must issue ) . . .” and  

Section 2 (e)  –  “ensure the efficient monitoring and enforcement of legislation pertaining to the control of firearms”.)

 

Reflecting these requirements in the NAACCSA document –

 

  • The document is on the Association’s letterhead to conform with the CFR requirement for an ‘official letter ‘ of confirmation from all Accredited Bodies ( not only collectors associations) when submitting applications

 

  • A unique Association document  Register number per application per firearm is included to prevent fraud , in the form Association abbreviation/ yy / sequential no. e.g. PAAA 07/1234

 

  • Paragraph 1 includes the Member details and Category

 

  • Paragraph 2 includes the approved Theme, sub Theme (where applicable) , and Field of Interest as it appears on the Association records

 

  • Paragraph 3 is a unique description of the firearm as it would appear on the SAP271

 

The Association is required to satisfy itself as to the accuracy of this information by whatever means is appropriate

 

  • Paragraph 4 is a description of the collectability attributes of the firearm as prepared by the member , and refined or elaborated on as required by the Association to reach a decision . This constitutes the core of the  “motivation”

 

  • Paragraph 5 illustrates the “Fit” of the firearm in the Member/Applicant’s collection

 

  • Paragraph 6 is the confirmation of the accuracy of the information supplied by the member / applicant .

 

  • Paragraph 7 is the “sworn statement or solemn declaration” by the Chairperson or delegated person , based on the above , that –

 

  • The Applicant is a registered Member in ‘good standing’
  • The member qualifies to collect the specific firearm
  • The firearm and information have been evaluated by the Association
  • The firearm fits within the approved Theme or Field of Interest
  • The firearm is therefore approved by the Association in terms of Section17

 

  • Each page of the document must be initialed or signed by the Association and the Applicant / member to avoid fraud

 

 Prepared and approved by NAACCSA ExCo