What the Act says
A person who inherits a firearm may apply for the licence, permit or authorisation to keep it. If they do not wish to acquire it, or do not obtain the approval, they must have it deactivated or dispose of it under the Act (section 148(1)). The Registrar may issue a temporary section 21 authorisation to give an heir a reasonable time to dispose of it (section 148(2)).
Until that happens the firearm stays part of the estate. The executor must store it as prescribed (section 147(2)) and must not let anyone without a licence, permit or authorisation hold it (sections 3 and 120(10)(a)). The estate's attorney advises on a specific case.
The three routes when nobody keeps it
A gift or private sale to a friend, a fellow shooter or another licence holder is not a route for an estate firearm: outside the Act's own provisions a non-dealer must go through a dealer (section 31(2)). The executor may also be asked to pass the firearm to another heir who does qualify, through the licensing route in the guide for heirs.
| Route | What it involves |
|---|---|
| Sale through a licensed dealer | A person who is not a dealer may dispose of a firearm only through a dealer or as the Act otherwise provides (section 31(2)), so the executor instructs a licensed dealer to sell it as the estate's agent and the proceeds are paid to the estate. The dealer deducts its commission. See the guide to selling an estate firearm. |
| Deactivation | Only a gunsmith may deactivate a firearm, in the prescribed manner (section 150). The application is lodged at the Designated Firearms Officer with the firearm and the licence, and the Registrar's written permission is needed (Regulation 105). |
| Surrender to the police | A person legally entitled to possess the firearm, who owns it, may surrender it by handing it to a police station with the licence and the form the Registrar determines (Regulation 94). The estate receives no sale price: whether the State pays any compensation is at best discretionary (section 137). See the guide to surrender. |
Who decides, and what the heirs must agree
The executor instructs, with the heirs' written approval (what an heir may do is in section 148(1)), but the estate belongs to every heir and legatee, and the executor answers to them and to the Master for the account. Where the executor sells estate property, the Administration of Estates Act (section 47) requires the sale to be on the conditions the heirs approve in writing, and the Master approves where an heir is absent, a minor or under curatorship, or the heirs cannot agree.
No statute requires the heirs' approval for a surrender in terms, but a surrendered firearm brings in nothing for the estate, so get each heir's written instruction before the executor acts. Ask the estate's attorney how this applies to your estate.
The executor's duty continues meanwhile
- The firearm stays in storage that meets Regulation 86, or with a licensed heir under a letter of consent (Regulation 103(2)). The storage guide says who may hold it.
- The executor reports to the Registrar in writing at least every three months on the steps taken to transfer the firearms and ammunition (Regulation 103(7)).
- The executor may apply to the Master to finalise the estate only after the Registrar notifies that all the firearms have been transferred under the Act (Regulation 103(9)). The estate stays open until each firearm is dealt with.
- The sale, deactivation or surrender is recorded in the next report with the details of the person or body each firearm went to.
What waiting costs
Storage with a licensed dealer is charged for as long as the firearm stays there, and the estate pays it. Storage with a licensed heir under the executor's letter of consent may cost the estate nothing in storage, if the heir agrees. The charges are on the fees page, and the costs and timeline guide shows how they add up, so weigh storage against the firearm's value early and decide soon after the heirs decline it.
The steps in order
- Ask each heir in writing whether they want the firearm and are able to obtain a competency certificate and licence.
- Where none does, record each heir's written instruction to sell, deactivate or surrender, and obtain the Master's approval where an heir cannot agree or cannot act.
- Instruct the route: a licensed dealer for a sale, a gunsmith for deactivation, or the police station for surrender.
- Keep the dealer's register entry, the gunsmith's and the Registrar's papers or the police receipt on the estate file.
- Report the outcome to the Registrar in the next three-monthly report, and apply to finalise the estate only after the Registrar confirms every firearm is transferred.
How Firearmdesk helps
Firearmdesk can prepare the heirs' written instructions, the sale, deactivation or surrender paperwork and each Registrar report for the executor. It is not a dealer and does not act for SAPS. Refer an estate to hand the work over.
Questions
What happens to a firearm if none of the heirs wants it?
The heirs must have it deactivated or dispose of it under the Firearms Control Act (section 148(1)): a sale through a licensed dealer, deactivation by a gunsmith or surrender to the police. The executor arranges it and keeps the firearm in lawful storage meanwhile.
Does the executor have to keep the firearm until the heirs decide?
Yes. The executor remains responsible for the firearm and must store it as prescribed (section 147(2) and Regulation 103(2)) until it is transferred, sold, deactivated or surrendered. The estate cannot be finalised before the Registrar confirms that every firearm has been transferred.
Can an heir give the firearm to a friend or another licence holder?
Not directly. A person who is not a dealer may dispose of a firearm only through a dealer or as the Act otherwise provides (section 31(2)). An heir who qualifies may take it under the licensing route; for anyone else it goes through a licensed dealer.
Who pays for storage while the heirs decide?
The estate. A licensed dealer charges for storage month by month, while an heir who already holds a licence may store it under the executor's letter of consent at no storage cost to the estate. See the fees page and the costs and timeline guide.
Is it better to sell or to surrender an unwanted firearm?
A sale brings the estate the price less the dealer's commission, while a surrender brings nothing and any compensation is at the State's discretion (section 137). Where the firearm has value, the executor weighs a sale first, with the heirs' approval. The estate's attorney advises on a specific case.
What if the heirs cannot agree, or one is a minor?
Under section 47 of the Administration of Estates Act the executor sells estate property on conditions the heirs approve in writing, and the Master gives the approval where an heir is a minor, absent or under curatorship, or the heirs cannot agree. Ask the estate's attorney to approach the Master.
Can the firearm be deactivated instead?
Yes. Section 148(1) lets an heir who does not want the firearm have it deactivated. Only a gunsmith may do it (section 150), and the application goes through the Designated Firearms Officer with the Registrar's written permission (Regulation 105).
Sources
- Firearms Control Act 60 of 2000 (SAFLII): sections 21, 31, 137, 147, 148 and 150
- Firearms Control Regulations, 2004 (SAFLII): regulations 94, 103 and 105
- Administration of Estates Act 66 of 1965 (SAFLII): section 47: sale of estate property
- SAPS: questions on firearms in deceased estates