The executor's duties under Regulation 103
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. Regulation 103 of the Firearms Control Regulations sets out the detail. SAPS describes the executor as the custodian of the firearm until it is disposed of or licensed.
- Before appointmentThe executor nominated in the will or, where there is none, an heir, next of kin or close relative may possess the deceased's firearms under a temporary authorisation issued under section 21 of the Act (form SAPS 518; Regulation 103(1)).
- Safe custodyOnce appointed, the executor must take steps to ensure the safe custody of the firearms and ammunition and store them in a facility that meets Regulation 86, or hand them to a licensed heir under a letter of consent (Regulation 103(2); see Storage below).
- Inventory and notice within 14 days of appointmentThe executor notifies the Registrar of the Central Firearms Registry, giving the holder, the storage address, the inventory, the letter of appointment, the death notice and the beneficiaries (Regulation 103(3)). The Registrar acknowledges within 30 days (Regulation 103(6)).
- Progress reports at least every three monthsUntil every firearm is dealt with (Regulation 103(7)).
- No finalisation until the Registry confirmsThe 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)).
- Attorneys administering for the executorAn attorney rendering a professional service in the administration of the estate on the executor's behalf may, under a section 21 permit, store the estate's firearms until they are transferred or surrendered, and must then comply with Regulation 103 as if they were the executor (Regulation 103(11)).
The options for each firearm
An heir who inherits a firearm must apply for a licence for it, or have it deactivated or disposed of (section 148(1)). In practice the executor asks each heir and then arranges one of these routes:
- Transfer to a licensed heirThe heir needs a competency certificate and a licence in their own name; the Registry decides the application. The Minister of Police reported an average of 120 working days in November 2024. Our guide for heirs explains the steps.
- Sale through a licensed dealerA person who is not a dealer may dispose of a firearm only through a dealer or as the Act otherwise provides (section 31(2)).
- DeactivationBy a gunsmith.
- SurrenderTo the police for destruction.
Storage
- With a licensed heirWhere an heir already holds a firearm licence, the executor may hand the firearm to that heir with a letter of consent giving the heir's licence particulars and the firearm's make, type, calibre and serial number, filed with the heir's Designated Firearms Officer (Regulation 103(2)). This costs the estate nothing in storage.
- With a licensed dealerA dealer may store firearms for a person who may lawfully possess them, in the safe or strongroom specified on its licence (Regulation 67), and records each one in its Firearms Safe Custody Register with the executor's signature (Regulation 37(3)). SAPS guidance is that where there is no proper storage, arrangements must be made with a licensed dealer.
- Not with anyone elseA family member or friend without a licence, permit or authorisation for the firearm may not hold it, and giving them possession is an offence (sections 3 and 120(10)).
Transport
- Only the person who holds the licence, permit or authorisation for a firearm may transport it to and from where it is stored (Regulation 86(4)(b)).
- Anyone who transports a firearm 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)).
- An executor named in the letters may deliver the firearm to the dealer in person, unpaid; otherwise Firearmdesk books a permitted transporter for the estate.
- RAM Hand-to-Hand Couriers is the only national parcel courier that carries firearms. It does so by road, for pre-approved account clients, on a consent form signed by the holder of the licence, permit or authorisation, at the client's own risk and with no insurance. A few other companies hold transporter's permits; mainstream parcel couriers refuse firearms.
- On Firearmdesk matters nobody at the firm carries a firearm: a licensed heir who will inherit may keep the firearms under the executor's letter of consent, and otherwise Firearmdesk books a permitted transporter for the estate, which collects them where they are kept, on the executor's written consent, and invoices the estate; anything Firearmdesk pays it is passed on at cost.
Costs
- Storage, transport and valuation arranged for the estate are paid by the estate: SAPS guidance places dealer storage for the estate's account. Keep a voucher for each charge for the liquidation and distribution account. How a charge ranks, and how the Master's examiner treats it, is not settled by any published directive on firearm storage; confirm with the Master's office concerned.
- Storage accrues every month, so weigh it against the firearm's value early. The Supreme Court of Appeal recorded in 2023 that possession licences took six to eighteen months.
- On Firearmdesk matters, the licensed dealer's storage is passed on at cost with no mark-up, an heir's transfer costs are billed to the heir and never through the estate account, and sale proceeds settle from the dealer to the estate or the attorney's trust account, never through Firearmdesk.
The High Court order of 15 September 2026
In case 2025-104362 the High Court, Gauteng Division, Pretoria declared that:
- An expired licence does not end ownershipThe expiry, lapsing or non-renewal of a licence does not by itself extinguish ownership.
- The firearm remains an estate assetWhere an owner dies, the firearm remains an asset of the deceased estate pending lawful administration.
- A dealer may receive it from the executorA licensed dealer may lawfully receive a firearm from a deceased estate acting through its appointed executor.
- Blocking directives are invalidDirectives or system limitations stopping a dealer from receiving, recording, storing or entering such a firearm into stock solely because the licence expired or the owner died are invalid.
SAPS was ordered to amend its directives and systems within 90 days.
The period for an application for leave to appeal ended on 7 October 2026, no application was filed, and the order is in force. Until SAPS systems are amended, dealers may still find entries refused.
The order says nothing about who may transport a firearm, about storage fees or about custody by anyone other than a dealer, and it does not approve any licence application. Read the judgment (PDF) and the current position on the legal basis and updates page.
Checklist for the attorney
| No. | Step | When |
|---|---|---|
| 1 | Establish which firearms the deceased held: licence copies, or a record from the Central Firearms Registry. | At the start |
| 2 | If someone must hold the firearms, have the nominated executor or next of kin apply for a section 21 authorisation (SAPS 518). | Before appointment |
| 3 | Arrange safe custody that meets Regulation 86: a licensed dealer, or a licensed heir with the executor's letter of consent filed with the heir's DFO. | On appointment |
| 4 | Send the inventory and notice to the Registrar: holder, storage address, inventory, letter of executorship, death notice and beneficiaries. | Within 14 days of appointment |
| 5 | File the Registrar's acknowledgement. | Due within 30 days |
| 6 | Send a progress report to the Registrar. | At least every three months |
| 7 | Ask each heir whether they want the firearm transferred, sold, deactivated or surrendered; an heir who wants to keep one starts the competency and licence applications early. | Early in the administration |
| 8 | Obtain a valuation where the inventory or a sale needs one. | Before the inventory or a sale |
| 9 | Move a firearm only through a person holding authority for it or a permitted transporter, with the holder's written consent, and keep the custody receipt. | Whenever a firearm moves |
| 10 | Keep vouchers for every storage, transport and valuation charge for the account. | Throughout |
| 11 | Obtain the Registrar's notification that every firearm has been transferred. | Before applying to finalise |
How Firearmdesk helps
Refer the estate and Firearmdesk provides Firearms Control Act compliance services to the executor: the Regulation 103 inventory and notices, the section 21 authorisation application, the executor mandate, custody arranged with a licensed dealer, a permitted transporter booked for the estate where the firearms must move, the evidence record and the closure pack. Fees are fixed and published, and the estate is invoiced care of your firm and paid by EFT.
We take estates from anywhere in South Africa. From the day of referral we open the matter, verify authority and prepare the documents. We take the file within one working day and start the compliance work: the Regulation 103 deadlines and inventory, the valuation and any heir's licence. We handle estates throughout South Africa. Where custody is needed, we arrange it with a licensed dealer and coordinate any necessary transport for the estate. We confirm the handover arrangements with you.
Sources
- Firearms Control Act 60 of 2000 (SAFLII): sections 3, 21, 31, 86, 120, 147 and 148.
- Firearms Control Regulations, 2004 (SAFLII): regulations 37, 67, 70, 86 and 103.
- SAPS: questions on firearms in deceased estates.
- Minister of Police, reply to parliamentary question NW2425 (November 2024): processing times.
- Outdoor Investment Holdings (Pty) Ltd v Minister of Police [2023] ZASCA 72: dealer storage and licence waiting times.
- High Court, Gauteng Division, Pretoria, case 2025-104362, 15 September 2026: judgment (PDF).