Who may possess ammunition
Section 90 of the Firearms Control Act says no person may possess ammunition unless they fall within one of its categories. The ones that matter in an estate are these.
| Who | On what basis |
|---|---|
| A holder of a firearm licence | A licence for a firearm capable of firing that ammunition (section 90). An heir whose licence is for a different calibre may not keep it. |
| A holder of a permit to possess ammunition | Section 90 lists a permit to possess ammunition as a separate category. |
| A licensed dealer | A dealer may trade in ammunition and keeps an Ammunition Stock Register (Regulation 37). A dealer's or gunsmith's licence also allows storage of firearms and ammunition in the safe or strongroom specified on it (Regulation 67(3)). |
| The executor, and an attorney administering the estate | Regulation 103(2) requires the executor to ensure safe custody of the firearms and ammunition. An attorney administering the estate for the executor may store them under a section 21 permit (Regulation 103(11)). |
| Nobody else | A relative or friend without a licence for a firearm that can fire the ammunition, or another authority under section 90, may not hold it, and giving possession to them is an offence (section 120(10)(a)). |
How much a licence holder may keep
The holder of a firearm licence may not possess more than 200 cartridges for each firearm they are licensed for (section 91(1)). The Act allows exceptions, including on authority from the Registrar (section 91(2)); ask the DFO. An heir who is licensed for the inherited firearm therefore receives the ammunition for it only within these limits.
The executor's duties for ammunition
The Regulation 103 guide sets out each step, and the storage guide says who may hold the firearms and ammunition while the estate is administered.
- List it. On appointment the executor compiles an inventory that includes the ammunition: the quantity, calibre and make (Regulation 103(3)(a)). A copy goes to the Registrar in the notice due within 14 days of receiving the letter of appointment (Regulation 103(3)(b)).
- Store it. The executor must ensure safe custody of the firearms and ammunition and store them in a facility that meets Regulation 86, or leave them with a licensed heir under a letter of consent on the conditions in Regulation 103(2).
- Report it. The three-monthly report to the Registrar covers the steps taken to transfer the firearms and ammunition and the details of the person each was transferred to (Regulation 103(7)).
- Move it correctly. A transporter carries firearms packed separately from ammunition (Regulation 68). A transporter may possess and carry ammunition only with the prior written consent of the holder of the licence, permit or authorisation (Regulation 70(a); ask the Designated Firearms Officer how this applies where the holder has died), and anyone who carries it for reward needs a firearm transporter's permit (section 86(1)). Ask the DFO before moving ammunition yourself.
The executor's options for the ammunition
Until one of these happens the ammunition stays with the estate's other property. No relative or friend may take it. Trading in ammunition needs a dealer's licence (section 31(1)) and an executor is not a dealer, so the executor sells through a dealer. Components such as primers, powder and bullets are outside this guide: ask the DFO how they are treated.
| Option | What the law requires |
|---|---|
| Transfer to a licensed heir | The heir must hold a licence for a firearm that can fire it, and stays within the 200-cartridge limit unless an exception applies (sections 90 and 91). Record the transfer for the next report (Regulation 103(7)). |
| Sale through a licensed dealer | Trading in ammunition needs a dealer's licence (section 31(1)) and an executor is not a dealer, so the executor sells through a dealer. The dealer records it in its Ammunition Stock Register and the proceeds are the estate's. |
| Hand it to the police | Ask the Designated Firearms Officer (DFO) at your police station how the station takes in ammunition and what record it gives. Regulation 94(1) and (2) cover surrender of ammunition as well as firearms; confirm the station's procedure. |
| Keep it in safe custody until decided | The executor stores it under Regulation 103(2) while the heirs decide, whether the firearm is going to an heir, a dealer or the police. |
Ammunition with no licensed firearm
Regulation 103 assumes the ammunition belonged to a holder of a licence, authorisation or permit. Where the ammunition was kept for a firearm that was never licensed, or the firearm is gone, nobody in the family may hold it merely because they are an heir. Section 120(2) requires a person who is aware of ammunition that is not in anyone's lawful possession to report its location to a police official without delay. Read the guide on an unlicensed firearm in an estate, tell the estate's attorney and ask the DFO.
How Firearmdesk helps
Firearmdesk lists the ammunition in the Regulation 103 inventory and notice and records where it goes in each three-monthly report, alongside the firearms. Refer an estate to hand the work over. The estate's attorney advises on a specific case.
Questions
What happens to a deceased person's ammunition in South Africa?
The executor keeps it in safe custody with the firearms, lists it in the Regulation 103 inventory and notifies the Registrar. It is then transferred to someone who may lawfully hold it, sold through a licensed dealer or handed to the police. Regulation 103(2) requires storage in a facility that meets Regulation 86.
Who may legally possess ammunition in South Africa?
A person who holds a licence for a firearm capable of firing it, a permit to possess ammunition, a dealer's or similar licence or permit under the Act, or who is otherwise authorised (section 90 of the Firearms Control Act). A relative with none of these may not keep it.
Can an heir keep the ammunition if they inherit the firearm?
Only once they hold a licence for a firearm that can fire it, and within the limit of 200 cartridges per licensed firearm unless an exception in section 91 applies. Until then it stays with the executor or the licensed heir storing it under a letter of consent.
Can the executor sell the deceased's ammunition?
Only through a licensed dealer. Trading in ammunition needs a dealer's licence (section 31(1)) and an executor is not a dealer, so the executor sells through a dealer.
Can I give the deceased's ammunition to a friend or fellow shooter?
No, unless the Act's own routes are followed. Giving ammunition to someone who may not possess it is an offence (section 120(10)(a)), and trading in ammunition needs a dealer's licence (section 31(1)); an executor is not a dealer, so the executor sells through a dealer.
Is the ammunition included in the executor's notice to the Registrar?
Yes. The inventory covers the firearms, the ammunition (quantity, calibre and make) and the firearm parts, and a copy goes to the Registrar within 14 days of receiving the letter of appointment (Regulation 103(3)). Transfers of ammunition appear in the three-monthly reports.
Who may carry ammunition from the house to a dealer or the police?
Anyone who transports firearms or ammunition for reward needs a firearm transporter's permit (section 86(1)) and the prior written consent of the holder of the licence, permit or authorisation (Regulation 70(a); ask the Designated Firearms Officer how this applies where the holder has died), and firearms are packed separately from ammunition (Regulation 68). Ask the Designated Firearms Officer before moving ammunition yourself.
Sources
- Firearms Control Act 60 of 2000 (SAFLII): sections 31, 86, 90, 91 and 120
- Firearms Control Regulations, 2004 (SAFLII): regulations 37, 67, 68, 70, 86 and 103
- SAPS: questions on firearms in deceased estates