Even though pointing a plastic “toy gun” may be seen as a harmless and playful act, security and crime intelligence experts have warned this could land people in trouble with the law and possible attack by violent criminals.
While the prevalence of guns in South Africa has been a sore point for those involved in law enforcement for some time, some experts have raised concerns about the use of fake guns.
Specialist investigator Mike Bolhuis said the legal position in South Africa was that it was an absolute violation of the law to point a firearm at someone, regardless of whether the gun was loaded or not.
In addition, section 120 (6) of the Firearms Control Act 60 of 2000 strictly prohibits the act of pointing any firearm, antique firearm, airgun or anything that may resemble one at any person without good reason.
“South African laws clearly state that a licensed firearm can only be used for a lawful purpose and in a safe manner. If a person owns a gun for self-defence, it is crucial to remember that it can only be used to protect themselves against an unlawful attack.”
“Any person who points a firearm at someone or discharges it in public can face severe criminal charges, and their licence may be revoked. This is why it is essential to understand that pointing a firearm at somebody without good reason is a grave offence, and it can lead to a 10-year prison sentence,” he said.
Bolhuis said although the position in law on the pointing of a real firearm could land people with a hefty imprisonment, they were equally concerned about the use of “toy guns”.
The warning by the specialist investigator comes after the recent arrest by the Garsfontein police of a Pretoria North man (name withheld) for pointing a firearm.
Bolhuis said the arrests took place on February 12, and came after the man allegedly pointed an AK-47 assault rifle and threatened to kill the people after an argument broke out.
“(The man) has committed an array of offences including serious violent and serious economic offences regularly. His latest trick is to point firearms at his victims and threaten to kill them. This may seem innocent; however, the victim may not know the difference and perceive the threat to be very real.
“Even if using a fake firearm is legally justified, there may be negative perceptions and consequences in legal proceedings or public opinion. We are urging residents not to use these toys, as displaying any type of weapon, even a fake one, can escalate a situation and potentially lead to a more violent confrontation.”
He added that there were also concerns by the sector that, unfortunately, criminals were now also using these blank guns in robberies and other incidents as they were readily available, affordable and looked like real firearms.
The Star