Firearms at a Roadblock in South Africa: What the Law Says and What You Should Do

There’s been a lot of talk about what to do if you're carrying a licensed firearm and get stopped at a roadblock in South Africa. While the Firearms Control Act lays out the law quite clearly, confusion still persists—especially about when and how you must declare your firearm.

Let’s break it down.

What the Law Says – Firearms Control Act, Section 107

According to Section 107 of the Firearms Control Act:

  1. If you're carrying a firearm, you must produce your firearm licence on request from a police official or an authorised person.
  2. You must also:
    • Identify yourself immediately.
    • Produce the actual firearm for inspection, if requested.
  3. If you fail to comply, the officer may seize your firearm without a warrant until you produce a valid licence or until the firearm is lawfully disposed of.
  4. Importantly, the police officer must:
    • Identify themselves, and
    • Show their appointment certificate or authorisation when exercising this power.

Types of Roadblocks in South Africa

There are two main types of roadblocks in South Africa:

  • Official Roadblocks: These are approved through proper channels (a permit is issued), often involve road closures, and are heavily staffed. They’re conducted under the Criminal Procedure Act.
  • Roadside Stops: These are more informal. Usually just one or two officers pulling vehicles over, often for random checks.

Who is an “Authorised Person”?

The law recognises the following as authorised to act under Section 107:

  • SAPS (South African Police Service) officers
  • Metro Police officers
  • Road Traffic Police
  • Peace Officers (as defined in legislation)

What to Do When You’re Stopped at a Roadblock

  1. Be polite and respectful. It goes a long way. Officers are doing their job, and keeping things courteous benefits everyone.
  2. You will likely be asked for your driver’s licence and your vehicle licence disc will be inspected. If everything checks out, you’ll usually be waved on.
  3. Only declare your firearm if asked. You are not legally required to volunteer the information unless asked. If you're asked, “Do you have any weapons or firearms in the vehicle?” you must answer honestly.

How to Respond if Asked About Your Firearm

If you're carrying a licensed firearm and are asked about it, a calm and clear response works best. For example:

“Yes officer, I am carrying my legally licensed firearm on my person. May I show you my licence?”

You may also want to inform them of the carry position (e.g., appendix, small of back, etc.) for safety and transparency.

Inspection of the Firearm

If the officer wants to inspect the serial number to match it with the licence:

  • This is permitted under Section 107.
  • You are not required to hand over your firearm, especially if it’s loaded.
  • A good approach is to say:

“My firearm is loaded. I do not hand over a loaded firearm. I can make it safe and hold it while you inspect the serial number.”

In most cases, officers are understanding and will respect this safety-conscious approach.

You Can Ask for Their Appointment Certificate

Just as you are expected to identify yourself, you have the right to ask the officer for their appointment card to confirm that they are authorised to make the request.

Final Thoughts

Knowing your rights and obligations as a legal firearm owner is essential. Staying calm, respectful, and informed during a roadblock encounter helps ensure that the process goes smoothly and safely—for both you and the officers involved.

When in doubt, refer back to the law. Section 107 of the Firearms Control Act is your guide.

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