Gas Guns and The Law

This Article Is For Informational Purposes Only And Does Not Constitute Legal Advice. Seek Legal Advice On This Matter Before Using Your Defence Gun For Self Defence. Fortis Group Will In No Be Way Liable For Any Legal Action From Using The Information On This Page.

The Firearms Control Act 60 of 2000

Click Here For Complete Act

Offences Section 120 Of The Act:

(3) It is an offence to-

(a) cause bodily injury to any person or cause damage to property of any person by negligently using a firearm, an antique firearm or an airgun;

(b) discharge or otherwise handle a firearm, an antique firearm or an airgun in a manner likely to injure or endanger the safety or property of any person or with reckless disregard for the safety or property of any person; or

(c) have control of a loaded firearm, an antique firearm or an airgun in circumstances where it creates a risk to the safety or property of any person and not to take reasonable precautions to avoid the danger.

(4) It is an offence to handle a firearm, an antique firearm or an airgun while under the influence of a substance which has an intoxicating or a narcotic effect.

(5) A person is guilty of an offence if he or she gives control of a firearm, an antique firearm or an airgun to a person whom he or she knows, or ought reasonably to have known-

(a) to be mentally ill; or
(b) to be under the influence of a substance which has an intoxicating or a narcotic effect.

(6) It is an offence to point-

(a) any firearm, an antique firearm or an airgun, whether or not it is loaded or capable of being discharged, at any other person, without good reason to do so; or
(b) anything which is likely to lead a person to believe that it is a firearm, an antique firearm or an airgun at any other person, without good reason to do so.

(7) It is an offence to discharge a firearm, an antique firearm or an airgun in a built up area or any public place, without good reason to do so.

When May You Shoot?

Gas guns can be classified as LESS LETHAL WEAPONS. (officially they are not classified, but police forces all over the world use them as LESS LETHAL alternatives to using firearms). They are not NON LETHAL like pepper spray for instance. Gas Guns can still kill someone but the chances are much less than if you were using a real fire arm. They pack a powerful punch and with multiple shots being fired at an attacker at semi automatic you are either going to scare him off completely or incapacitate him in order to make an arrest.

There is a very interesting article by the Institute For Security Studies (see below) on When Can You Fire that should clarify roughly when you can shoot someone in defence of life or property.

Please familiarize yourself with the ISS article By Anton Du Plessis on the practicalities of Private Defence, the common law and the constitution : http://www.iss.org.za/pubs/CrimeQ/No.8/duPlessis.pdf . (as it appeared in SA Crime Quarterly No. 8 June 2004)

Please remember the following once you have read the article :

• If you comply with the Firearms Control Act 60 of 2000 then there is no reason why you should not use your gas gun to protect you, your family and your property from home invaders and criminals.
• We strongly advise that you attend our training courses as offered by Fortis Pro Active Defence Solutions in order to ensure that your gun handling and shooting skills are up to date. Using any gun or other defence weapon without correct and relevant training is liable to lead to a false sense of security – which can be more dangerous to yourself than to any attacker.