INTEGRATED FIREARMS CONTROL MANAGEMENT SYSTEM GUN FREE SOUTH AFRICA Adèle Kirsten 1 September 2017

Introduction Gun violence epidemic: #everydaygunviolence Strong gun laws save lives: from 34 gun deaths in 1998 to 16-18 in 2016 Poor Enforcement kills: Prinsloo’s 2400 guns directly linked to death of 89 children in W. Cape; uneven enforcement of s24 of FCA undermining principle of state determining if gun owner remains fit & proper Introduction

Key Challenges No protocols/NI/guidelines re: destruction Fraud & corruption: deliberate leakage of guns; deliberate fraudulent registration of guns; deliberate alteration of guns by dealer; issuing of s21 permits DFOs: decentralisation/limited specialist knowledge Ballistics poorly managed: uneven verification Risk of litigation against SAPS: 1200 guns still to be recovered; linked to1066 deaths, 89 children Key Challenges

Integrated Firearms Control Management System Systems approach: manage from cradle to grave – point of manufacture, at import, sale, possession & to point of destruction International & Regional obligations: UN PoA; SADC Firearms Protocol (legally binding); ITI Key Elements - record keeping - renewals - enforcement & compliance - stockpile management - destruction Integrated Firearms Control Management System

It is the collection & maintenance of accurate information (+ marking): to identify, retrieve & collate info on any weapon, its status & location at any point along its life cycle Cornerstone of effective firearms control: who owns what gun for which purpose A preventative measure: to stop the flow of legal guns into the illicit market UN PoA requires states to adopt these measures at local level Record Keeping

Firearm Licence Renewals Principle: regulate the user; regulate the use of the gun; and regulate the gun Principle: license the person; register the gun – linking specific gun to particular owner Principle: validity of a licence shall be limited in time (ISACS module 03.30): 3 years Dual purpose: genuine need for continued ownership of gun to be proven & state has responsibility to determine ongoing fit & proper status of owner Firearm Licence Renewals

Enforcement FCA enforced through a range of structures & mechanisms: - CFR; DFOs; Firearm Appeal Board; FLASH (firearm compliance); intelligence driven policing; and Parliament Risks: - fraud & corruption - resource constraints (personnel & equipment) Enforcement

Dual obligation of enforcement (State) and compliance (end user) Factors influencing compliance: - push factor: fear of being caught - pull factor: legitimacy of the law Poor enforcement gives rise to poor compliance: s24 of FCA a good example Compliance

Legal obligation to secure firearms & ammunition stockpiles Key elements: - secure physical facility - management of the safe storage facility Aim: - prevent loss & theft from legal into illegal - prevent unplanned explosions at site Stockpile Management

Record type and number of all firearms & ammo recovered/confiscated/seized Record circumstances of all firearms & ammo recovered/confiscated/seized Data to be disaggregated & analysed to determine new patterns of emerging trade All weapons & ammo to be publicly destroyed within 3 months to reduce risk for diversion Destruction

SAPS must ensure it has the budget, infrastructure, skill & capacity to ensure integrity across the firearms control management system Conduct audit of all gun licences, permits, certificates issued by CFR since 2011 Establish independent firearms compliance regulatory body Develop NI for safe storage & disposal of recovered firearms including provincial capacity Prioritise setting down of 2009 Court Order Hold a national firearms amnesty & public destruction Conclusion