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Protection or crime? Self-defence shooting laws explained

by Chumasande Matiwane
Woman at shooting range (Picture: iStock / Vesnaandic)

Owning a firearm is a significant responsibility, especially with South Africa’s current crime rate and security concerns.

Many people carry firearms for protection, but it is crucial to understand when you are legally justified in using them.

There is a law that governs firearm use in self-defence, and it is under the Firearms Control Act 60 of 2000, which outlines the rights and limitations of firearm owners.

Also see: Protect your home like a pro with these advanced security tips

One of the most critical things to understand is that pointing a firearm, whether real or fake, at someone can be considered a criminal offence if done without appropriate cause.

As such, knowing when you can legally use a firearm in South Africa could be the difference between freedom and a criminal charge.

EWN spoke to a safety, security operator and firearms safety advocate, Themba Kubheka. He says, “Many gun owners misunderstand the law, especially when it comes to home invasions, protecting others, and what counts as a life-threatening situation. The law is stricter and clearer than many people realise”.

Also see: What every homeowner should know about home insurance

When and when not to use your firearm:

When to use your firearm:
  • When there is an armed intruder in your home who poses a direct threat to you or your family, then using a firearm in self-defence could be lawful.
  • If there is an attempted hijacking where the attacker is armed and showing signs to harm you or forcefully take your car, using your firearm is considered legal, especially if you are cornered.
When NOT to use your firearm:
  • If you are involved in an argument and no physical threat exists, drawing or firing your firearm is illegal. Arguments do not justify using or shooting your firearm.
  • Using a fake firearm for self-defence is interpreted as intimidation by law.

According to Blue Security company, if you find yourself in a situation where you have used your firearm in self-defence, it is vital to follow these steps:

  • To stay calm
  • Contact the police immediately
  • Give your full co-operation
  • Be sure to give your statement factually
  • Do not tamper with evidence.

Anyone who owns a firearm needs to understand and comply with the rights and responsibilities under the Firearms Control Act.

Also see: Every woman needs this self defence toolkit

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