Introduction
In South Africa, firearms are part of many households, and it is common to inherit a firearm from a deceased relative. However, inheriting a firearm involves specific legal steps that must be carefully followed to avoid penalties. Firearms Guardian’s legal experts have created this comprehensive guide to help you understand the correct procedures for handling, transferring, or disposing of an inherited firearm legally and safely.
Why Is It Important to Follow the Legal Process When Inheriting a Firearm?
While inheriting a firearm—such as a treasured hunting rifle passed down through generations—may hold significant emotional value, improper handling or failure to comply with the Firearms Control Act (No. 60 of 2000) can place the heir in serious legal jeopardy. It is vital to follow all statutory requirements to ensure lawful ownership transfer and possession.
What Should Be My First Step After Inheriting a Firearm?
Immediate Actions and Temporary Storage
According to the Firearms Control Act, immediate steps must be taken to secure any firearms in a deceased estate. Before an executor is appointed, a close relative or heir with proper storage facilities can temporarily possess the firearm by applying for a Temporary Authorization to Possess a Firearm from the local Designated Firearms Officer (DFO). This permit allows safe custody until the executor is officially appointed.
The executor must be informed about the person holding the firearm and receive copies of any issued permits.
How Should I Legally Store an Inherited Firearm?
Once the executor is appointed, they are responsible for ensuring the firearm is stored securely in compliance with Regulation 86 of the Firearms Control Act. If the heir is a licensed firearm holder, they may store the firearm with written consent from the executor, provided the heir complies with all legal storage requirements.
The executor must provide the Designated Firearms Officer with written consent documentation, including detailed firearm information and identity particulars of both the deceased and the heir.
What If the Firearms or Ammunition Are Missing?
If any firearms or ammunition belonging to the deceased cannot be found, the executor or heirs must follow procedures for reporting lost or stolen firearms to the police immediately.
What Inventory and Notifications Are Required?
The executor must prepare a detailed inventory listing:
- Make, type, and calibre of each firearm
- Manufacturer’s serial number or identification marks
- Quantity and calibre of ammunition
- Firearm parts details
Within 14 days of appointment, the executor must notify the Registrar of Firearms with all relevant details including the inventory, appointment documents, and beneficiary information. The Registrar will record this information in the Central Firearms Register.
How Often Must the Executor Report Progress?
Executors must update the Registrar every three months on the progress of the firearm transfer and any steps taken towards lawful ownership transfer.
When Can the Estate Be Finalized?
The estate cannot be finalized until the Registrar confirms that all firearms have been legally transferred to the rightful heirs.
What Are My Options as an Heir Regarding the Inherited Firearm?
1. Keep the Firearm
To legally keep an inherited firearm, the heir must apply for a new firearm licence. Simply inheriting the firearm is not sufficient for ownership. The heir must:
- Apply for a licence and mention the firearm is an heirloom
- Complete competency tests with SAPS to obtain a Competency Certificate
- Ensure all firearm documentation is accurate to avoid illegal possession charges
- Optionally, apply for deactivation to render the firearm inoperable while retaining it as a collector’s item
2. Deactivate the Firearm
Deactivation must be approved by the Registrar and performed by a licensed gunsmith. The firearm cannot be used once deactivated, only displayed.
3. Surrender the Firearm for Destruction
The heir can surrender the firearm to the police for destruction, subject to legal approval.
4. Sell or Donate the Firearm
The heir may sell the firearm to a registered firearms dealer or donate it to a licensed individual, who must then apply for the appropriate licence.
Conclusion
In South Africa, inheriting a firearm carries strict legal responsibilities under the Firearms Control Act. You may only take possession of an inherited firearm once you have legally obtained a licence. If you inherit a firearm and are unsure of the next steps, it is best to consult your local Designated Firearms Officer or a legal expert familiar with firearm law to guide you through the process.
The Firearms Guardian policy is administered by Firearms Guardian (Pty) Ltd (FSP47115), an authorised Financial Services Provider, and underwritten by GENRIC Insurance Company Limited (FSP43638), a licensed non-life insurer.
