Monday, April 15, 2013
The Firearms Control Act does not state or indicate how long the state has to consider a firearm application. Luckily the Promotion of Administrative Justice Act (PAJA) states that any Administrative decision has to be made within 90 days.
An application for a firearm licence falls within the meaning of such a decision. PAJA clearly states that if no decision is forthcoming within 90 days the applicant is within his/her rights to accept that the application was dismissed.
The applicant then has the right to request the reasons for the dismissal and appeal the decision internally within 90 days. If the internal procedure is unsuccessful, the applicant has the right to approach the Courts for relief.
In practice this means that a applicant can be in Court with a very strong application within 6 months. If the above procedures are followed the prospects of success of the application will be excellent and the Police will in all likelyhood have to pay the applicant's legal fees.
It however means that the applicant has to start taking action within 3 months after the application was lodged by placing the police on terms of a registered letter.