Proposed regulations could ban blank guns in South Africa

AS CONCERNS rise over the growing use of blank guns in criminal activity, the Department of Trade, Industry and Competition has published draft regulations proposing a ban on their import into South Africa.

This move follows concerns raised by the South African Police Service (SAPS), which has noted a rise in the use of replica and modified guns in crimes across the country.

Blank guns, which produce a loud noise and flash without firing bullets, were initially used for police and military training, film props, and signalling at sports events. Although non-lethal in their original form, some models can be modified to fire live ammunition, turning them into dangerous weapons.

"What makes policing blank guns difficult is the fact that they are not fully regulated under the Firearms Control Act of 2000 (FCA), particularly when it comes to possession," the department said in the draft regulations.

The proposed amendments would place blank guns under stricter controls, treating them similarly to regular firearms, especially in terms of importation.

"In light of the urgency of the matter, the SAPS approached the International Trade Administration Commission of South Africa (“the Commission”) with a request for the immediate imposition of controls on the importation of blank guns, such as imposing specific conditions on the issuing of permits for the importation of blank guns or an outright ban on the importation of blank guns," the department noted.

However, the department also acknowledged the legitimate uses of blank guns.

"Legitimate uses of blank guns should also be considered. These guns are used for police and military training. Film production companies and private security firms also rely on blank guns for professional purposes. Therefore, an outright ban might materially and negatively impact these sectors."

"This raises the issue of whether a permit system would be a more balanced regulatory approach, as it would allow authorities to scrutinise importers and related end-users, ensuring blank guns are only accessible to those with valid and verified needs."

The International Trade Administration Act of 2002 grants Minister Park Tau the authority to regulate the importation of goods like blank guns, either through a ban or a permit system.

The draft regulations are now open for public consultation, giving members of the public the opportunity to provide feedback before any final decisions are made.