ZELDA VENTER
THE Gauteng High Court Pretoria was tasked with the legal question of whether a chambered barrel consisting of a chamber and barrel made from a singular unitary piece of steel requires the separate engraving of a serial number on the barrel to comply with the Firearms Control Act.
This issue arose after the South African Arms and Ammunition Dealers Association and some of its members experienced problems in dealing in imported firearms.
The Central Firearms Registry, which is the SAPS watchdog over the distribution and ownership of firearms, withdrew its permission for the applicants to sell these firearms.
The applicants include one of the largest and oldest importers of firearms into South Africa, having been formed in approximately 1960.
This dealer is an authorised agent for Glock pistols and products, which is one of the largest handgun importers in the country due to the popularity of the Glock pistol, which is widely used for military, law enforcement, security and civilian uses.
The imported firearms referred to in this application (all being pistols) have barrels that cannot be separated from the chamber because they are made from a singular unitary piece of metal.
The serial number appears on the chamber portion of such a unitary barrel.
The head of the Central Firearms Registry argued that the chamber is a component of the firearm that is separate from the barrel, and that the Firearm Controls Act requires the barrel to bear the serial number.
In November last year, a shipment of Glock pistols arrived at OR Tambo International Airport.
These pistols have the serial number on the frame, slide and on the barrel inscribed on the chamber. There were 1,099 pistols with a value in excess of R6 million.
But the dealer was told by the head of the Central Firearms Registry that he could not sell these firearms, as the serial numbers reflect only on the frame and not on the barrel.
If the dealer wanted to deal in the firearms, he had to engrave the serial number also onto the barrel.
The same requirements were made for the Sarsilmaz pistols and Canik pistols which were imported into the country. The arms dealers said they need urgent clarity on the law as a shipment worth R12 million is also on its way.
Judge Etienne Labuschagne remarked that serial numbers are required for the identification of the firearm with reference to the records of the manufacturer.
“It is a requirement of efficient inspection of firearms that the serial numbers be visible without disassembling the firearm.”
In the case of the Glock, as in respect of the other firearms relevant to these proceedings, the serial number pertaining to the barrel appears on that component of the chamber which forms part of the barrel as a single unitary barrel forged from a single piece of metal.
The judge added that if a separate engraving of a serial number on the barrel is required, it is, particularly with reference to the Glock, not apparent where that serial number could be placed so that it would be visible without disassembling the firearm.
Practically, that component of the barrel that covers the chamber is the only portion visible if the firearm is assembled.
Judge Labuschagne concluded that the purposes of the Act are complied with in circumstances where the serial number is placed on that portion of the barrel that covers the chamber where the chamber and barrel are one integral component made from a single piece of metal.