On 7 February this year, a homeowner from Sandton, Johannesburg was confronted in his home by 4 would-be burglars. The homeowner exchanged gunfire with an armed suspect, and one man, believed to be in his twenties, died during the incident while the three other suspects fled. According to police spokesperson Col Lungelo Dlamini, the homeowner’s weapon was a legally licensed firearm that more than likely saved the man’s life. An unlicensed firearm that belonged to one of the suspects was also retrieved from the scene. Has owning a gun become necessary to ensure personal safety in South Africa, or is gun ownership part of the problem and not the solution?
The crime statistics speak for themselves
During the course of 2018, as many as 601,366 contact crimes (which include murder, attempted murder, common assault, robbery, and sexual assault) were reported. It is now, more than ever before, of the utmost importance for South Africans to protect their properties, their loved ones and themselves against crime. Violent crime is, in fact, so prevalent in the country that individuals often feel forced to conceal carry to protect themselves and their families. It is, however, of paramount importance to ensure that a concealed weapon is never carried in a firearm free zone.
What does the law say?
On average, 57 people are killed in South Africa every day, with 23 being as a result of gun violence. Due to the high number of gun-related injuries and deaths, gun ownership laws in the country are amongst the strictest in the world. The Constitutional court has ruled on more than one occasion that gun ownership is by no means a right, but rather an earned privilege. Advocate Jackie Nagtegaal explained, “You firstly have to undergo training before you can get a gun and then you have to apply for a firearm license. There are strict requirements that you must be a permanent resident or a citizen, you must be at least twenty-one years of age, you must be mentally stable and fit and they do a background check. You can’t have a criminal record and you can’t have any addiction problems.”
When can you claim self-defence?
Despite the strict laws surrounding gun ownership, may gun owners are not sufficiently equipped to defend both themselves and their loved ones during violent attacks. The law states that if your life is threatened, you are legally entitled to use whatever force is needed to defend yourself. It is, however, important to remember that the force used may not be excessive. If someone hits you, for example, you can’t retaliate by shooting them. Even having an intruder in your house does not justify shooting them. If you pull out your gun and the intruder flees or the situation is diffused in another way, you are not allowed to shoot, as self-defence would not be justified. If the intruder, however, pulls a gun, or if you are being hijacked by someone with a gun, you do have the right to defend yourself by shooting.
While there is no denying that a gun can prove to be a potent self defence mechanism, gun ownership is bound to remain one of the most polarising topics both in South Africa and across the world. It is imperative to practise legal, responsible gun ownership, or your weapon may very well end up contributing towards the ever-increasing crime statistics. This includes proper gun case storage.
