Firearms Guardian

You are covered for legal expenses in respect of legal services, including legal advice, legal representation and litigation services, pertaining to the following and subject to the policy terms and conditions:

General

Administrative assistance related to a firearm licence, Civil claims instituted by and against the Insured and criminal prosecution of the Insured, regarding the matters as set out below.

Firearm Related Matters

1.1 Administrative Problems

• Unfit declarations to possess a firearm
• Appeals against a declined firearm licence application
• Problems with furnishing of licence by SAPS

1.2 Criminal Prosecution / Defence

General

• Murder
• Attempted murder
• Culpable Homicide
• Assault
• Assault with intention to cause grievous bodily harm
• Hunting related prosecutions
• Injury/loss/damage to persons or property resulting from the use of a firearm
• Shooting accidents on hunting trips/sport shooting events/ firearm training sessions
• Bail applications
• Bail payments
• Appeals in respect of all firearm related prosecutions

Specific transgressions in terms of the Firearms Control Act 60 of 2000

• Unlawful possession of a firearm
• Where the Insured is aware that somebody else possesses a firearm illegally and to fail to report this to the police
• Causing bodily injury to a person or damage to property by negligently using a firearm
• Discharging a firearm in a manner likely to injure or endanger the safety or property of any person
• Having control over a loaded firearm in circumstances where it creates a risk to the safety or property of another and not to take reasonable precautions to avoid the danger
• Giving control of a firearm to a person whom the Insured knows, or ought to have known, to be mentally ill, or to be under the influence of a substance which has an intoxicating or a narcotic effect
• Point a firearm at another person without good cause
• Discharging a firearm in a built-up area or public place
• Failure to lock away a firearm which the Insured has in his / her possession in a prescribed safe, strong-room or device for the safekeeping
• Loose a firearm owing to a failure to lock it away in a safe, strong-room or safekeeping device, or owing to failure to take reasonable steps to prevent its loss or owing to failure to keep the keys to the safe, strong-room or device in safe custody
• Giving possession of a firearm to or ammunition to a person that is not allowed to possess such firearm or ammunition
• Failure to report a lost, stolen or destroyed firearm
• Carrying or storing of a firearm in a firearm-free zone
• Deactivating of a firearm
• Carrying of a firearm in a public place
• Allowing any person to use his / her firearm while not under his / her immediate supervision, where it is safe to use the firearm and for a lawful purpose
• Using of a firearm where it is not safe to do so
• Notification of change in address
• Notification of any change with regard to any information which was submitted in respect of the application for the issue of a licence
• Disposing of a firearm after cancellation of a licence
• Lost, stolen or defaced licences
• Production of licences and firearms for inspection
• Failure to comply with conditions of a licence
• Failure to comply with any provision, direction or requirement of a notice issued under the Firearms Control Act
• Unlawful possession of ammunition
• Possessing excessive number of cartridges
• Possessing more than the allowed number of primers

1.3 Civil Law Matters Related to the Use of a Firearm

• Disputes relating to the purchase of firearms
• Estate Firearms
• Damages consequent to the death or injury to a third party which occurs in connection with your use of a firearm
• Loss of or damage to property, which occurs in connection with your use of a firearm
• Civil claims arising out of unlawful or unlicensed hunting, but with a legal firearm belonging to the insured
• Shooting accidents on hunting trips or sport shooting events or firearm training sessions;
• Problems with hunting safari packages
• Damage to hunting equipment
• Damage to hunting facilities
• Problems with Taxidermists
• Damage or loss of trophy at an arranged hunt or shoot / shooting expedition
• Matters related to practicing at shooting range
• Matters related to sport shooting events
• Matters related to firearm training sessions

General Civil Law Matters

The Insured is further covered for the legal expenses in respect of the following civil law matters in addition to the above-mentioned matters:

• Drafting of legal opinions
• Unlawful arrest by SAPS and Metro Police
• Malpractice by doctors
• Negligence in hospitals
• Disputes with medical aid companies
• Consumer related legal problems
• Guarantees and Warrantees
• Defective goods
• Problems with insurance companies
• Personal and bodily injuries
• Problems with the neighbours
• Protection orders

Motor Related Matters – limited to hunting expeditions, sport shooting events and firearm training sessions.

• Criminal prosecution relating to Motor Vehicle Accidents
• Drunken driving
• Reckless or Negligent driving
• Culpable Homicide as a result of an accident
• RAF (Road Accident Fund) Claims

You are covered for damages (monetary valued claim) that you shall become liable to pay consequent to the death of, or bodily injury to, a third party, or loss or damage to tangible movable or immovable property, which occurs in connection with your use of the firearm of which you are the licenced owner and which results in a claim or claims.

All uses of a are covered, including:

• Hunting and organized sport shooting event accidents
• Accidental discharge
• In Self-defence.

In respect of the Legal Assistance Cover as well as the Liability Cover, this Policy further excludes:

• Claims instituted after 31 days from the date of the occurrence of an Insured Matter or the occurrence of the cause or grounds of action in respect of that Insured Matter, or after 31 days from the date on which the Insured became aware of such occurrence or a claim against the Insured that falls within the ambit of an Insured Matter.
• All matters not specifically included in the definition of Insured Matters.
• Insured Matters that occurred outside the borders of Republic of South Africa.
• This policy of insurance and all legal actions, whether actual or contemplated, brought against the Insurer and/or Insuresense by the Insured.
• All legal actions, whether actual or contemplated, instituted by the Beneficiaries against the Insured by the Beneficiaries.

In respect of the Legal Assistance Cover, this Policy further excludes:

• The payment of any fine, penalty, tax, levy, any witness fee, any costs pertaining to expert witnesses and expert witness reports, travelling or subsistence costs, any payment or reimbursement of money to the Insured of whatever nature, including costs and expenses in respect of services under this policy provided on a contingency fee basis.
• Indemnification of the Insured against payment of claims or damages awarded against the Insured in legal proceedings.
• Any order in legal proceedings, made in respect of legal expenses, in favour of the Insured’s opponent in such proceedings.
• Litigation and representation services regarding events, proceedings or circumstances which had commenced or occurred or where the cause or grounds of action in respect of those events or circumstances arose prior to inception of the policy or within the 3-month Waiting Period as well as agreements that were entered into by the Insured prior to the inception date of this policy or within the 3-month Waiting Period.
• Matters related to the Insured’s business trade or profession and that are based on the generation of income other than income derived as an employee.
• Matters related to the professional sporting activities of the Insured.
• Legal Services that are purely administrative in nature.
• Any matters relating to:
  • Use of an unlicenced firearm.
  • Firearm licence applications submitted to the SAPS prior to the inception of this policy.
  • Loss of or damage to any vehicle as a result of an accident.
  • Events that are, in the sole opinion of Insuresense, trivial and / or should be adjudicated in the small claims Court.
  • Protection orders regarding disputes between the Insured and immediate family members, his / her spouse or life-partner.

In respect of the Firearm Liability Cover, this Policy further excludes any loss or damage caused by:

• The use of the firearm whilst under the influence of alcohol or drugs.
• The use of an unlicensed firearm.
• Any deliberate/intentional unlawful use of a firearm.
• The playful use of a firearm.
• Pointing of a firearm at another person or property without good cause.
• The use of the Insured’s firearm by another person.
• Use of a firearm whilst the Insured acts as a security officer.
• Events, proceedings or circumstances, which forms the basis of a claim, which had commenced or occurred or where the cause or grounds of action in respect of those events or circumstances arose prior to inception of the policy or within the 3-month Waiting Period.