4B.      Possession and use of firearms

 

(1)

 

(a)     The Commissioner may determine a category of officers authorised to possess firearms for the purposes of enforcing this Act.

(b)     The possession and use of firearms by officers shall be subject to the provisions of sections 95 to 101 of the Firearms Control Act, 2000 (Act No. 60 of 2000), and the regulations made thereunder, to the extent that those provisions relate to an Official Institution.

 

(2)     Any power conferred or duty imposed in the Firearms Control Act, 2000 (Act No. 60 of 2000), on the head of an Official Institution or on an Official Institution shall be deemed to be conferred or imposed on the Commissioner.

 

(3)

 

(a)     An officer to whom the Commissioner issues a permit to possess a firearm, must carry such permit on his or her person when he or she is in possession of a firearm.

(b)     The permit contemplated in paragraph (a) is proof that such an officer is authorised to possess an official firearm.

(c)     If, for any reason, an officer is unable to produce such a permit when required to do so, a statement by the Commissioner to the effect that such a permit has been issued is sufficient proof that the officer is authorised to have the firearm in his or her possession.

 

(4)     The Commissioner may authorise the use of non-lethal weapons by officers in such  circumstances and in such a manner as may be prescribed by rule.

 

(5)     The Commissioner may make rules to facilitate the administration of this section, including rules-

 

(a)     concerning the acquisition, record-keeping, issuing of permits, carrying, possession, use, safe-keeping, transport, theft, loss and disposal of firearms and ammunition;

(b)     concerning the manner of reporting the firing of an official firearm and the procedures to be followed in respect thereof;

(c)     concerning the type of non-lethal weapons that may be used by officers, the manner of their use and the safety and control measures that must be complied with in respect of such weapons;

(d)     prescribing the manner in which official firearms, ammunition and related equipment must be marked and identified;

(e)     regarding the training of officers contemplated in this section, including-

(i)      the training and the certification requirements for the safe use of firearms and ammunition;

(ii)     the levels of training; and

(iii)    the standards required to ensure competency and certification in respect of any particular task; or

(f)     in respect of any other matter which the Commissioner may consider reasonably necessary and useful for the efficient and effective administration of the provisions contained in this section.

[Section 4B inserted by section 26 of Act 61 of 2008 effective on 31 Mar 2009]