Experts: Oscar violated basic gun rules
http://www.news24.com/SouthAfrica/Ne...les-20130226-2
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Johannesburg - Even if Oscar Pistorius is acquitted of murder, firearms and legal experts in South Africa believe that, by his own account, the star athlete violated basic gun-handling regulations and exposed himself to a homicide charge by shooting into a closed door without knowing who was behind it.
Particularly jarring for firearms instructors and legal experts is that Pistorius testified that he shot at a closed toilet door, fearing but not knowing for certain that a night time intruder was on the other side.
South Africa has stringent laws regulating the use of lethal force for self-protection.
In order to get a permit to own a firearm, applicants must not only know those rules, but must demonstrate proficiency with the weapon and knowledge of its safe handling, making it far tougher to legally own a gun in South Africa than many other countries where a mere background check suffices.
Pistorius took such a competency test for his 9mm pistol and passed it, according to the police's National Firearms Centre.
Pistorius's license for the 9mm pistol was issued in September 2010. The Olympic athlete and Paralympic medallist should have known that firing blindly, instead of at a clearly identified target, violates basic gun-handling rules, firearms and legal experts said.
"You can't shoot through a closed door," said Andre Pretorius, president of the Professional Firearm Trainers Council, a regulatory body for South African firearms instructors.
"People who own guns and have been through the training, they know that shooting through a door is not going to go through South African law as an accident."
"There is no situation in South Africa that allows a person to shoot at a threat that is not identified," Pretorius added.
"Firing multiple shots, it makes it that much worse. ...It could have been a minor - a 15-year-old kid, a 12-year-old kid - breaking in to get food."
In an affidavit to the magistrate who last Friday freed him on bail, Pistorius said he believed an intruder or intruders had got into his two-storey house, in a guarded and gated community with walls topped by electrified fencing, and were inside the toilet cubicle in his bathroom.
Criminal law experts said that even if the prosecution fails to prove premeditated murder, firing several shots through a closed door could bring a conviction for the lesser but still serious charge of culpable homicide.
Johannesburg attorney Martin Hood, who specialises in firearm law, said South African legislation allows gun owners to use lethal force only if they believe they are facing an immediate, serious and direct attack or threat of attack that could either be deadly or cause grievous injury.
According to Pistorius's own sworn statement read in court, he "did not meet those criteria", said Hood, who is also the spokesperson for the South African Gun Owners' Association.
"If he fired through a closed door, there was no threat to him. It's as simple as that," he added. "He can't prove an attack on his life ... In my opinion, at the very least, he is guilty of culpable homicide."
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