A FIREARM CERTIFICATE IS NOT A LICENCE TO MISUSE A GUN

CRIME FOCUS LEGAL AWARENESS COLUMN

By Crime Focus (Dex)

In Zimbabwe, the possession of a licensed firearm comes with a serious legal and moral responsibility.

A firearm certificate allows a person to possess or use a firearm within the limits permitted by law. It does not give the holder unlimited authority to use the gun whenever, wherever or however they choose.

This is a principle every licensed firearm holder must understand:

A firearm certificate is permission to possess a firearm lawfully — it is not permission to misuse it.

LICENCE DOES NOT MEAN IMMUNITY

A person may lawfully own a firearm and still face criminal charges if that firearm is used unlawfully.

The fact that a gun is registered in someone's name does not automatically make every act involving that gun legal. A licensed firearm holder remains subject to the criminal law.

For example, a firearm holder may face criminal liability if they:

• Use a firearm to threaten or intimidate another person;
• Fire a gun recklessly or negligently;
• Use a firearm during a domestic or family dispute;
• Point a firearm at a person without lawful justification;
• Discharge a firearm in circumstances prohibited by law;
• Use a firearm in the commission of another offence; or
• Handle or store the firearm in a manner that creates an unlawful danger.

The certificate protects lawful possession. It does not protect criminal conduct.

THE FIREARM IS NOT A TOOL FOR SETTLING ARGUMENTS

One of the most dangerous mistakes a firearm holder can make is to treat a gun as a tool for resolving anger, disputes or disagreements.

A family argument, business dispute, neighbourhood conflict or personal disagreement can quickly become a tragedy when a firearm is introduced.

A person who reaches for a gun during an argument may believe that they are merely trying to frighten someone. But the law may view the conduct differently depending on the circumstances.

A threat involving a firearm can create serious criminal consequences even where the gun is never fired.

The danger is also that a situation can escalate within seconds. A weapon that was allegedly intended only to intimidate may eventually be fired, causing serious injury or death.

THE LAW LOOKS AT THE CONDUCT — NOT ONLY THE CERTIFICATE

When a firearm-related incident occurs, the important question is not simply:

“Was the firearm licensed?”

The investigation may also ask:

• What was the firearm used for?
• Was the use lawful?
• Was there a genuine and immediate threat?
• Was the force necessary and proportionate?
• Was the firearm handled negligently?
• Was the person acting in self-defence?
• Was the firearm used to threaten or intimidate another person?
• Did the firearm holder act recklessly?

A valid firearm certificate does not answer all these questions.

SELF-DEFENCE IS NOT A BLANK CHEQUE

The law recognises that people may, in appropriate circumstances, defend themselves or others against unlawful violence.

However, self-defence is not a blanket excuse for every use of a firearm.

The circumstances of each case matter.

A person who is attacked may have a legal defence in appropriate circumstances. But the use of force must be considered in relation to the nature and seriousness of the threat faced.

The mere fact that a person was angry, afraid or involved in an argument does not automatically make the use of a firearm lawful.

RESPONSIBILITY COMES WITH OWNERSHIP

A firearm owner must understand that owning a gun carries a higher level of responsibility.

A firearm is not an ordinary household item. It is a potentially lethal weapon.

This means that firearm holders should:

• Keep firearms securely stored;
• Prevent unauthorised access;
• Handle firearms responsibly;
• Avoid handling firearms when angry, intoxicated or emotionally unstable;
• Never use a firearm to settle personal disputes;
• Follow all legal conditions attached to the firearm certificate; and
• Seek lawful assistance from the police or other appropriate authorities when facing a threat.

ONE MOMENT OF MISUSE CAN DESTROY MANY LIVES

A licensed gun owner may have possessed a firearm lawfully for years. But a single moment of reckless or unlawful conduct can result in:

• Arrest;
• Criminal prosecution;
• Imprisonment;
• Loss of the firearm;
• Cancellation or loss of the firearm certificate;
• Permanent injury or death; and
• Lifelong consequences for families and communities.

The law does not ask only whether the firearm was legally acquired. It also examines how it was used.

CRIME FOCUS MESSAGE

A firearm certificate is a legal responsibility, not a badge of power.

It does not give the holder the right to threaten people, intimidate opponents, settle domestic disputes or act above the law.

A licensed firearm holder is still accountable for every unlawful act committed with that firearm.

OWN A GUN RESPONSIBLY.

STORE IT SAFELY.

NEVER USE IT TO SETTLE AN ARGUMENT.

A FIREARM CERTIFICATE IS NOT A LICENCE TO MISUSE A GUN.

CRIME FOCUS

PREVENT. PROTECT. PREVAIL.