Gun owners are challenging legislation regulating the renewal and lapsing of firearm licences in a three-pronged attack under way at the North Gauteng High Court.

The SA Arms and Ammunition Dealers Association‚ Fidelity Security Services and the SA Hunters and Game Conservation Associations are questioning the constitutionality of sections of the Firearms Control Act.

On Wednesday the court heard arguments on behalf of the SA Arms and Ammunition Dealers Association‚ which wants to be allowed to take into stock any firearm whose license has expired. Firearm dealers are currently not allowed to do this.

The association wants the police to process the necessary documentation to do this. Firearm dealers also want Sections 24 and 28 of the Act declared unconstitutional.

Private security firm Fidelity Security Services is seeking a court order compelling the police to accept late applications for the renewal of firearm licences.

Advocate Marius Snyman SC‚ acting for both parties‚ said in the case of Fidelity Security Services‚ a person at SAPS who was responsible for licencing firearms had allowed the licenses of about 700 firearms to expire.

“They (Fidelity) now have in their possession unlicensed firearms and police said‚ in terms of their directive‚ the firearms cannot be re-licensed but they need the firearms and we say they are taking away our rights‚ so give us an interim relief at least until such time that the court has decided on the constitutionality of the Act‚” he said.

Fidelity Security Services also wants the court to set aside a February 2016 police directive stating that a firearm whose licence had expired had to be handed to the nearest police station.

 Snyman said they wanted an undertaking from the minister of police that these firearms would not be destroyed.

He said in the case of dealers‚ they get firearms that had valid licenses but the process of renewing the licenses took so long that these expired whilst the firearms were in their possession. Police then refused to process the applications after the expiry date.

On Tuesday the court heard arguments in the SA Hunters and Game Conservation Association matter‚ which wants Sections 24 and 28 of the Firearms Control Act declared unconstitutional.

The association also wants the police to be compelled to file a plan of action to reform its “shambolic” Central Firearms Registry.

The association argued that the two sections were problematic in that they treated two classes of people differently — those whose firearm licenses had expired and those whose licences were cancelled.

 This was contrary‚ they argued‚ to the constitutional provision where everyone was equal before the law and enjoyed same protection by the law.

Section 24 of the Act requires that any person who wants to renew a license must do so 90 days before the expiry date. Section 28 stipulates that if a firearm license has been cancelled‚ the firearm must be disposed of through a dealer within 60 days or as directed by the registrar or should be forfeited to the state.

The Act deems a license having expired when the 90-day period lapses. The gun owner is then in possession of the firearm illegally and could face severe penalties of up to 15 years imprisonment.