What estate firearms are
Estate firearms are the firearms, with the ammunition and firearm parts that go with them, that a person owned or held under licence when they died and that now form part of the deceased estate. The High Court declared on 15 September 2026 that where a firearm owner dies the firearm remains an asset of the deceased estate pending lawful administration.
The firearm belongs to the estate until it is lawfully transferred, and only a person with a licence, permit or authorisation for it may hold it (section 3 of the Firearms Control Act). Being an heir does not change that.
For the terms used on this page, such as the Designated Firearms Officer (DFO), the Registrar and SAPS 518, see the estate firearms glossary. For short answers to common questions, see estate firearm questions executors and heirs ask. The full guide for executors is firearms in a deceased estate. This page is also available in Afrikaans.
Who is responsible for estate firearms
The executor. Section 147 of the Firearms Control Act requires an executor who comes into possession of a firearm licensed to the deceased to store it as prescribed, and Regulation 103 of the Firearms Control Regulations, 2004 sets out the detail. SAPS describes the executor as the custodian of each firearm until it is disposed of or licensed. Each sub-regulation is read in Regulation 103 explained.
Before the Master issues letters of executorship, the executor nominated in the will or, failing one, an heir, next of kin or close relative may possess the firearms under a section 21 temporary authorisation on form SAPS 518 (Regulation 103(1)). See section 21 authorisation for an executor. Where there is no will, see who inherits a firearm if there is no will.
An attorney administering the estate for the executor may store the firearms under a section 21 permit and must then comply with Regulation 103 as if they were the executor (Regulation 103(11)). Whether to manage alone or use a provider is covered in executor or specialist.
After appointment, the executor's duties run in this order. How to contact the Central Firearms Registry says what the notice contains and where SAPS publishes its contact details.
- Compile an inventory of the firearms, the ammunition and the firearm parts (Regulation 103(3)(a)).
- Within 14 days of receiving the letter of appointment, deliver a letter, document or facsimile to the Registrar with the holder, the storage address, the inventory, the letter of appointment, the death notice and, where the firearms devolve by succession, the beneficiaries (Regulation 103(3)(b)). The Registrar must acknowledge within 30 days (Regulation 103(6)).
- Report to the Registrar in writing at least every three months on the steps taken to transfer the firearms and ammunition (Regulation 103(7)).
- Apply to the Master to finalise the estate only after the Registrar notifies that every firearm has been transferred (Regulation 103(9)).
Storing estate firearms while the estate is administered
After appointment the executor must keep the firearms and ammunition in a storage facility that meets Regulation 86 or, where the executor has no such facility, leave them with a licensed heir under a letter of consent (Regulation 103(2)). In practice there are two places. The guide to storing firearms from a deceased estate covers who may lawfully store them, what a dealer records, how the firearms reach the dealer and how storage is charged.
- A licensed dealer, which holds each firearm in the safe or strongroom named on its licence and enters it in its Firearms Safe Custody Register with the executor's signature (Regulations 67 and 37(3)). The estate pays for dealer storage.
- An heir who already holds a firearm licence, under the executor's letter of consent. The letter gives the deceased's licence particulars and the make, type, calibre and serial number of each firearm, and a copy is filed with the Designated Firearms Officer for the area where the heir lives (Regulation 103(2)). This costs the estate nothing in storage.
- No one else without a licence, permit or authorisation for it: a family member or friend may not hold it, and giving them possession is an offence (sections 3 and 120(10)).
- Only the person who holds the licence, permit or authorisation for a firearm may transport it to and from storage (Regulation 86(4)(b)). Anyone who carries one for reward needs a firearm transporter's permit (section 86(1)) and the holder's prior written consent (Regulation 70(a)).
The four ways an estate firearm ends
Each estate firearm ends in one of four ways. The executor instructs, with the heirs' written approval, and the guide for each route sets out the detail.
| Route | What it involves |
|---|---|
| Transfer to a licensed heir | The heir applies in their own name for a competency certificate and a licence for that firearm (section 148(1)), and the Central Firearms Registry decides. See registering an inherited firearm. |
| Sale through a licensed dealer | A person who is not a dealer may dispose of a firearm only through a dealer (section 31(2)), save as the Act provides for a firearm in a collection (section 31(3)). The executor instructs a licensed dealer, and the proceeds are paid to the estate. See selling a firearm from a deceased estate. |
| Deactivation | Only a gunsmith may deactivate a firearm (section 150). The application is lodged with the Designated Firearms Officer, and the Registrar's written permission is needed (Regulation 105). To start, ask the Designated Firearms Officer at your police station. |
| Surrender to the police | The firearm is handed over at a police station with the licence and the prescribed form (Regulation 94). The estate receives no sale price. See surrendering a deceased person's firearm to the police. |
When no heir wants the estate firearm
An heir who does not wish to acquire an inherited firearm, or who does not obtain the licence for it, must have it deactivated or dispose of it under the Act (section 148(1)). Until that happens the firearm stays in lawful storage and the executor keeps reporting to the Registrar. What happens if no heir wants the firearm sets out the choice and who decides.
A firearm cannot be divided. Where several heirs share the estate they must agree who takes it, or that it is sold and the proceeds shared, and the Master approves a sale where an heir is a minor, absent or under curatorship, or the heirs cannot agree (section 47 of the Administration of Estates Act).
What an heir needs to keep an inherited firearm
South Africa has no separate registration of an inherited firearm, and the deceased person's licence does not pass to the heir. An heir who wants to keep the firearm needs:
- A competency certificate on form SAPS 517. No licence can be issued without one (section 6(2)).
- A licence on form SAPS 271 for that specific firearm, in the heir's own name, with the executor's letter of appointment.
- A safe that meets SANS 953-1 (Regulation 86).
How an inherited firearm is licensed
Both applications go to the Designated Firearms Officer at the police station for the area where the heir lives. The Central Firearms Registry decides them, not the station, the executor or Firearmdesk. Until the licence is issued the heir may not take the firearm home: it stays with the executor in approved storage. If the licence is refused, the firearm is not released to the heir and must be deactivated or disposed of, and a refusal may be appealed under section 133. The guide for heirs, inheriting a firearm in South Africa, explains each step, and registering an inherited firearm answers the question many heirs ask first.
Unlicensed and expired-licence estate firearms
An expired licence and a firearm that was never licensed are different cases. Under the High Court order of 15 September 2026 an expired licence does not by itself end the estate's ownership, but the order does not decide how Regulation 103 applies to a firearm whose licence had expired before death, so ask the estate's attorney.
Telling the police is what the law expects, and the Designated Firearms Officer will say how. A firearm that was never licensed is outside the executor's statutory wording and is dealt with differently. Do not use it, sell it or give it to anyone. Section 120(2) requires anyone who knows of a firearm that is not in lawful possession to report its location to a police official without delay. See what to do about an unlicensed firearm in a deceased estate.
Ammunition that comes with estate firearms
A deceased person's ammunition stays with the executor in safe custody until it goes to someone who may lawfully hold it, is sold through a licensed dealer or is handed to the police. It is listed in the Regulation 103 inventory, and a transporter carries it packed separately from the firearms (Regulation 68). No relative may simply take it: ammunition may be possessed only by a person with a licence for a firearm that can fire it or another authority under section 90. The guide on a deceased person's ammunition sets out the rules.
Forms and documents for estate firearms
No single SAPS form transfers a deceased person's firearm: the form follows the route. SAPS forms change, so download the current version from the SAPS firearm forms page or ask the Designated Firearms Officer. Forms for transferring a deceased person's firearm lists them by route, and the documents checklist lists what the estate file needs.
| Step | Form or document |
|---|---|
| Holding the firearms before appointment | SAPS 518, temporary authorisation under section 21 |
| Notice to the Registrar | No SAPS form is prescribed: a letter, document or facsimile within 14 days (Regulation 103(3)(b)) |
| A licensed heir storing for the estate | The executor's letter of consent, filed with the heir's Designated Firearms Officer |
| An heir keeping the firearm | SAPS 517 (competency certificate), then SAPS 271 (licence) |
| Sale to a licensed dealer | SAPS 534, Transfer of Firearm Ownership, completed with the dealer |
| Surrender to the police | SAPS 522(a), Surrendering of Firearm Item(s) |
What estate firearms cost and how long they take
The estate pays to store, transport and value the firearms and for any compliance service. An heir who keeps a firearm pays their own licence costs. Storage with a licensed dealer accrues every month, so weigh it against each firearm's value early. The figures are in the costs and timeline guide and on the fees page.
No one can give a date that depends on the Master, SAPS or a court. The periods fixed by law are the 14-day notice, the Registrar's 30-day acknowledgement and a report at least every three months. An heir's licence is decided by the Central Firearms Registry, which can take months, and the slowest route sets the pace for the whole estate.
The High Court order of 15 September 2026 and estate firearms
In case 2025-104362 the High Court in Pretoria declared that a firearm remains an asset of a deceased estate, that an expired licence does not by itself end ownership, and that a licensed dealer may lawfully receive an estate firearm from the duly appointed executor. It ordered SAPS to amend its directives and systems within 90 days, to 14 December 2026. It approved no licence application or transfer, so an heir still needs a competency certificate and a licence.
We take estates from anywhere in South Africa. We take the file within one working day of the referral and start the compliance work: the Regulation 103 deadlines and inventory, the valuation and any heir's licence. We arrange safe custody with a licensed dealer near the firearms, once the dealer is ready to receive them and any collection arrangements are agreed. If a local dealer needs to complete onboarding first, we tell you. We confirm the dealer and the date in writing before handover.
No application for leave to appeal was filed, and the order is in force; legal updates has the current position.
Opening a matter, verifying the executor's authority and preparing the documents do not wait for the order. The order explained sets out what it declared and what it left open.
Finalising an estate that holds firearms
The executor may apply to the Master to finalise the estate only after the Registrar has notified that every firearm has been transferred under the Act (Regulation 103(9)). Keep on the estate file, for each firearm, the dealer's register entry or receipt, the licence or transfer record, the gunsmith's papers or the police receipt for a surrender, and the Registrar's acknowledgement and each three-monthly report. Keep a voucher for every storage, transport and valuation charge for the liquidation and distribution account.
How Firearmdesk helps with estate firearms
Firearmdesk is an estate firearm administration service for executors and attorneys. It is not a law firm, not a dealer and does not act for SAPS. Our fees are fixed and published on the fees page. To hand the firearm side of an estate to us, refer an estate.
On each estate Firearmdesk provides:
- Inventory and notices: the Regulation 103 inventory, the section 21 authorisation application, the letter of consent for a licensed heir and each three-monthly report.
- The executor's instructions and approvals: where a firearm is to be sold, deactivated or surrendered, the executor's instruction and the heirs' approvals.
- One record for the estate file: the evidence for each firearm kept on one matter record.
Questions
What happens to firearms when someone dies in South Africa?
They remain assets of the deceased estate until lawfully transferred, and the executor is responsible for storing them and notifying the Registrar. The summary at the top of this page sets out the four routes each firearm can take.
Who can keep a deceased person's gun?
Only a person who holds a licence, permit or authorisation for it (section 3 of the Firearms Control Act). An heir keeps an inherited firearm after obtaining a competency certificate and a licence in their own name. Until then it stays with the executor in approved storage, or with a licensed heir under the executor's letter of consent. See the guide for heirs.
How long does an estate firearm take?
No one can promise a date, because the pace is set by the Master, the executor, the market and the Central Firearms Registry. An heir's licence can take months, and the estate cannot be finalised until the Registrar confirms every firearm has been transferred. See the costs and timeline guide.
Can I sell my late father's firearm?
Not privately. A person who is not a dealer may dispose of a firearm only through a dealer (section 31(2)), so the executor instructs a licensed dealer to sell it, with the heirs' written approval, and the proceeds are paid to the estate. See selling a firearm from a deceased estate.
Do estate firearms have to go to the police?
No. Surrender to the police is one of four lawful routes, and it usually suits a low-value firearm that no heir will license. Transfer to a licensed heir, a sale through a licensed dealer and deactivation are the others. See surrendering a deceased person's firearm to the police.
Who is responsible for the firearms in a deceased estate?
The executor. Section 147 of the Firearms Control Act requires the executor to store the deceased's firearms as prescribed, and SAPS describes the executor as the custodian of each firearm until it is disposed of or licensed. Regulation 103 sets out the notices, reports and storage duties.
Is a firearm with an expired licence still part of the estate?
Yes. The High Court declared on 15 September 2026 that the expiry, lapsing or non-renewal of a licence does not by itself extinguish ownership, so the firearm remains an asset of the estate. A firearm that was never licensed is a different case: do not move it, and ask the Designated Firearms Officer. How Regulation 103 applies to such a firearm is a question for the estate's attorney. See legal updates.
When must the executor notify the Central Firearms Registry?
Within 14 days of receiving the letter of appointment (Regulation 103(3)(b)). The Registrar must acknowledge within 30 days, and the executor then reports at least every three months until every firearm is dealt with. See Regulation 103 explained.
Do I have to register a firearm I inherited in South Africa?
There is no separate registration. An heir who wants to keep the firearm applies for a competency certificate and then a licence in their own name for that firearm (section 148(1)). See registering an inherited firearm.
Can the estate be finalised before the firearms are dealt with?
No. The executor may apply to the Master to finalise the estate only after the Registrar has notified that all the firearms have been transferred (Regulation 103(9)). The slowest route, often an heir's licence application, sets the pace.
Sources
- Firearms Control Act 60 of 2000 (SAFLII): sections 3, 21, 31, 86, 90, 120, 133, 147, 148 and 150
- Firearms Control Regulations, 2004 (SAFLII): regulations 37, 67, 68, 70, 86, 94, 103 and 105
- SAPS: questions on firearms in deceased estates
- SAPS: firearm forms: form numbers and titles; SAPS forms change, so download the current version
- High Court, Gauteng Division, Pretoria, case 2025-104362, 15 September 2026: judgment (PDF); current status on the legal updates page