The case in brief
The order was made by the High Court of South Africa, Gauteng Division, Pretoria, in case 2025-104362, and delivered on 15 September 2026. The applicants were the National Hunting and Sport Shooting Association NPC (NATSHOOT) and the South African Arms and Ammunition Dealers Association NPO (SAAADA). The respondents were the Minister of Police and others.
They challenged SAPS directives, practices, instructions and electronic-system restrictions that stopped licensed dealers receiving a firearm into dealer stock or safe custody where the owner's licence had expired, lapsed or not been renewed, or where the owner had died and the firearm formed part of a deceased estate. The order is at pages 20 to 22 of the judgment (PDF).
What the court declared
These are declarations about SAPS measures. The court did not strike down any provision of the Firearms Control Act or its Regulations.
- The expiry, lapsing or non-renewal of a firearm licence does not by itself extinguish ownership of the firearm.
- Where a firearm owner dies, the firearm remains an asset of the deceased estate pending lawful administration.
- A licensed dealer may lawfully receive possession of a firearm from a deceased estate acting through its duly appointed executor, for purposes authorised by the Firearms Control Act, and from a living owner whose licence has expired, lapsed or not been renewed.
- Any directive, instruction, policy, practice or electronic-system limitation that stops a licensed dealer receiving, recording, storing or entering such a firearm into stock solely because the previous owner's licence expired or ceased on death is inconsistent with the Firearms Control Act, including section 28(4), section 39 and regulation 37(3), and is invalid.
What the court ordered SAPS to do
The 14 December 2026 date applies unless the order is suspended (see below). Until SAPS has amended its systems, a dealer may still find an entry refused.
- Within 90 days of the order, which is to 14 December 2026: withdraw or amend every directive and instruction inconsistent with the judgment.
- Within the same 90 days: amend the electronic and administrative systems needed to give effect to the judgment.
- Within the same 90 days: tell all Designated Firearms Officers, the provincial FLASH offices and the Central Firearms Registry what the judgment means.
- Without a time limit: process all applications, transfers and transactions under the Act consistently with the judgment.
- Pay the applicants' costs.
What the order did not decide
- It did not grant automatic approval of future licence applications or transfers. The Central Firearms Registry still decides an heir's licence application.
- It says nothing about who may transport a firearm, about storage fees or about custody by anyone other than a licensed dealer.
- It does not mention section 21 temporary authorisations, or the person who holds an estate firearm before an executor is appointed.
- It does not say what a dealer should do while a SAPS system still refuses an entry.
- External regulatory steps remain external. A pending application with the Registry is a waiting state until there is evidence of a decision.
Where the order stands
The period for an application for leave to appeal ended on 7 October 2026, and no application has come to our notice. The court may still allow a late application, so a check of the court file for any late application for leave to appeal, rescission or stay is under way.
An application for leave to appeal suspends the order until it, and any appeal that follows, is decided (section 18 of the Superior Courts Act). Dealer custody under the order of 15 September 2026 opens once a check of the court file confirms that no late application for leave to appeal was lodged. That check is under way.
Legal updates is the dated source for the current status and is updated the day the position changes.
What it changes for an executor in practice
The estate's attorney advises on a specific case. In general terms:
- An expired licence does not take the firearm out of the estate. The deceased's ownership did not end, so the firearm is dealt with in the administration like the others.
- An appointed executor is the person through whom a dealer may receive the firearm under the order. The routes for each firearm are unchanged: transfer to a licensed heir, sale through a licensed dealer, deactivation or surrender (see the guide for executors and attorneys).
- Opening the matter, verifying the executor's authority and preparing the documents do not wait for the order. Receipt into licensed dealer custody under the order follows the legal position on the legal updates page.
- Where the licence has expired, a section 21 authorisation (form SAPS 518) for the executor or an heir is the fallback Firearmdesk uses for moving a firearm, rather than relying on the order alone.
- Regulation 103 speaks of the firearms of the holder of a licence, authorisation or permit. The order does not decide how it applies to a firearm whose licence had expired before death, so ask the estate's attorney. The duties are set out in Regulation 103 explained.
- An heir who wants to keep the firearm still needs a competency certificate and a licence in their own name. See the guide for heirs.
How Firearmdesk helps
Firearmdesk opens the matter on referral, verifies the executor's authority and prepares the documents. Dealer custody under the order of 15 September 2026 opens once a check of the court file confirms that no late application for leave to appeal was lodged. That check is under way. It records the legal position for each regulated step and shows any step that waits on the Registry or SAPS as a waiting state. Refer an estate or read the legal updates.
Questions
Who brought the case, and where?
The National Hunting and Sport Shooting Association NPC (NATSHOOT) and the South African Arms and Ammunition Dealers Association NPO (SAAADA), against the Minister of Police and others, in the High Court of South Africa, Gauteng Division, Pretoria, case 2025-104362. The order was delivered on 15 September 2026.
Does an expired licence mean the firearm is no longer part of the deceased's estate?
No. The court declared that the expiry, lapsing or non-renewal of a licence does not by itself extinguish ownership, and that where an owner dies the firearm remains an asset of the estate pending lawful administration. The estate still has to deal with it lawfully.
Can a licensed dealer now take an estate firearm from an executor?
The court declared that a licensed dealer may lawfully receive a firearm from a deceased estate acting through its duly appointed executor. On Firearmdesk matters dealer custody under the order opens once a check of the court file confirms that no late application for leave to appeal was lodged, and until SAPS amends its systems a dealer may still find an entry refused. See legal updates.
Has the order been appealed?
No application has come to our notice. The period for an application for leave to appeal ended on 7 October 2026; the court may still allow a late application, and a check of the court file is under way. A late application needs the court's permission; if one comes to our notice it is reported on legal updates.
What exactly must SAPS do, and by when?
Within 90 days of the order, to 14 December 2026, SAPS must withdraw or amend directives inconsistent with the judgment, amend its electronic and administrative systems, and tell all Designated Firearms Officers, provincial FLASH offices and the Central Firearms Registry. It must also process applications, transfers and transactions consistently with the judgment. The 14 December date applies unless the order is suspended.
Does the order approve an heir's licence or a transfer?
No. It did not grant automatic approval of future licence applications or transfers. The Central Firearms Registry decides an heir's licence application, and the matter shows a waiting state until there is evidence of its decision.
Does the order change who may transport an estate firearm?
No. The order says nothing about who may transport a firearm, about storage fees or about custody by anyone other than a dealer. Only the person who holds the licence, permit or authorisation, or a permitted transporter, may move an estate firearm. See the guide for executors and attorneys.
Sources
- High Court, Gauteng Division, Pretoria, case 2025-104362, 15 September 2026: judgment (PDF); current status on the legal updates page
- Superior Courts Act 10 of 2013: section 18: suspension of an order pending an application for leave to appeal
- Firearms Control Act 60 of 2000 (SAFLII): sections 21, 28, 39 and 147
- Firearms Control Regulations, 2004 (SAFLII): regulations 37 and 103
- SAPS: questions on firearms in deceased estates