Any firearm owner will admit that the best SMS to receive will be: SAPS msg: License Ref xxxxxx caliber xxxxxx s/n xxxxxx was approved. The worst message will be the same, but ending with the word “refused”.
The fact is some applications are not approved. The CFR does make controversial decisions when considering applications and having received the news of an application being refused does not signal the end of the road for the applicant.
The past couple of months brought to light the refusal of applications, especially semi-auto firearms, usually without due consideration given to the content of the submitted motivation.
The most important part in this process will be to submit a comprehensive motivation in the first place and being compliant with the requirements of the category for which the application was made.
Facts crop up which need to be covered in the initial application
It will be wrong to say non-legal experts cannot do an application, and it will be unfair if only a legal expert could do motivations successfully, but keep in mind from a legal perspective they do see the facts from a different perspective. With this being said the critical part is, when doing appeals certain facts crop up which should be covered in the initial application.
Therefore it is so important to give as much information as possible in the initial application, comply with the requirements needed to apply, and for the applicant to ensure no documentation is removed from the application being submitted.
Also bear in mind that an appeal can only be lodged when the official reason regarding the decision to refuse is presented to the applicant.
APPEAL AND NOT REAPPLY
The golden rule is to appeal and not reapply if the original motivation covered all the facts. If you just reapply in that case it is really a case of relying on luck by having the same group evaluating your information again and hopefully make a favourable decision the second time around.
The appeal board members all have legal qualifications and understand the Firearms Control Act; this changes the circumstances when appealing a decision made by a CFR member. Also remember an appeal is a legal process and only the applicant himself or a legal representative can lodge an appeal.
Lawyers know processes and administrative law and can provide grounds of appeal which is not commonly known. In an appeal you appeal both process and merits as well as on the facts provided in the original application.
With Legally Armed working in association with Martin & de Beer Inc. Attorneys we have our own applications reviewed and updated continuously and we successfully appealed the decision to refuse an application in most cases.
Legally Armed Volksrust
Legally Armed Volksrust serves customers in the towns and districts of Volksrust, Newcastle, Ladysmith, Utrecht and Dundee.
As experienced members of the Legally Armed group we offer our clients the opportunity to resolve all firearm related issues and assist with enquiries regarding licensing of any firearm, whether needed for self-defense, hunting, sport shooting or business purposes.
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