Legal statusOrder of 15 September 2026: no application for leave to appeal has come to our noticeOrder of 15 Sep 2026
Guide for heirs and executors

Do you have to register an inherited firearm in South Africa?

South Africa has no separate registration for an inherited firearm: the heir applies for a competency certificate and a licence in their own name.

Last reviewed: Not legal advice; the estate's attorney advises on a specific case.

There is no separate registration

The Firearms Control Act 60 of 2000 does not ask an heir to "register" an inherited firearm. It works through competency certificates, licences, permits and authorisations, and section 3 says no one may possess a firearm unless they hold a licence, permit or authorisation issued under the Act for that firearm.

Section 148(1) says what an heir must do. An heir who wishes to keep the firearm must apply for the appropriate licence, permit or authorisation. An heir who does not wish to acquire it, or who fails to obtain the licence, must have the firearm deactivated or dispose of it under the Act. The deceased person's licence does not simply pass to the heir: the heir applies in their own name, for that firearm.

The Central Firearms Registry records the executor's notice under Regulation 103 and, in time, the heir's licence. The heir does not file anything with the Registry directly: both applications go to the Designated Firearms Officer (DFO), as set out below.

What the heir applies for

Both applications are delivered to the Designated Firearms Officer at the police station for the area where the applicant ordinarily lives (SAPS; section 9(1) for the competency certificate). The Registry decides them, not the station, the executor or Firearmdesk.

  1. A competency certificate on form SAPS 517. The Act says no licence may be issued to a person without the relevant competency certificate (section 6(2)). A first-time applicant must generally be 21 or older, a South African citizen or permanent resident, a fit and proper person, and free of the disqualifying convictions and conditions listed in section 9(2). SAPS describes training and a practical test at an accredited provider as the first step. A competency certificate lapses after five years (section 10(2)), so an heir who already holds one should ask the DFO whether it covers the firearm.
  2. A firearm licence on form SAPS 271, for the specific firearm, once the competency certificate is in hand. For an inherited firearm SAPS asks the heir to include the executor's letter of appointment with the application. The executor or the estate's attorney gives the heir the particulars of the firearm.
  3. A safe that meets the prescribed standard. Regulation 86 requires a safe that conforms to SANS 953-1; the guide for heirs explains what to arrange before applying.

Who keeps the firearm while the application is pending

The heir may not take the firearm home on the strength of the inheritance. Possessing it without a licence, permit or authorisation is an offence under section 3, and giving it to someone who may not possess it is an offence under section 120(10). The executor stays responsible for it.

  • After appointment, the executor keeps the firearm in storage that meets Regulation 86, in practice with a licensed dealer (Regulation 103(2)). See storing estate firearms.
  • An heir who already holds a licence, permit or authorisation may keep it for the estate if the executor lacks suitable storage. The executor issues a letter of consent giving the deceased's licence particulars and the make, type, calibre and serial number of each firearm, and a copy is filed with the DFO for the area where the heir lives (Regulation 103(2)). SAPS says the heir may store the firearm but not use it until the heir's own licence is issued.
  • Before an executor is appointed, the nominated executor or, where there is none, an heir, next of kin or close relative may hold the firearms under a temporary authorisation issued under section 21 (Regulation 103(1)). See section 21 authorisation for an executor.

How long it takes

The Minister of Police told Parliament in November 2024 that firearm licence applications take on average 120 working days from the date they are captured on the Registry's system, and that some are more than a year old. Plan on months, and ask the estate's attorney how the delay affects the estate: the executor may not apply to the Master to finalise it until the Registrar confirms that every firearm has been transferred (Regulation 103(9)). See Regulation 103 explained.

The High Court order of 15 September 2026 approved no licence application or transfer, and it does not change what an heir must apply for. Legal updates shows where the order stands.

If the licence is refused

The firearm is not released to the heir. Section 148(1) then requires it to be deactivated or disposed of under the Act, and the executor arranges the route: a sale through a licensed dealer (section 31(2)), deactivation by a gunsmith, or surrender to the police. The Registrar may issue a section 21 authorisation to give an heir a reasonable time to dispose of it (section 148(2)).

A refusal may be appealed to the Appeal Board under section 133. Storage continues while an appeal runs. Ask the estate's attorney before deciding. See what happens if no heir wants the firearm.

How Firearmdesk helps

Firearmdesk works for the estate through the estate's attorney. Where the executor instructs a transfer to an heir, it prepares the estate's documents for the heir's application and shows the application as pending until the Registry decides. It does not decide licence applications, provide competency training or give legal advice.

Questions

Do I have to register a gun I inherited in South Africa?

There is no separate registration. You apply for a competency certificate and then a firearm licence in your own name for that firearm, and the Registry records the licence once it is issued (sections 6(2) and 148(1) of the Firearms Control Act).

Can I keep an inherited firearm without a licence?

No. No person may possess a firearm without a licence, permit or authorisation for it (section 3), and that includes an heir. Until your licence is issued the executor keeps the firearm in storage that meets Regulation 86, or a licensed heir keeps it under the executor's letter of consent.

Does the deceased's firearm licence transfer to the heir?

No. The heir must apply for a licence in their own name (section 148(1)(a)), which needs a competency certificate first (section 6(2)).

Which forms does an heir use to keep an inherited firearm?

Form SAPS 517 for the competency certificate and form SAPS 271 for the licence, both lodged with the Designated Firearms Officer where the heir lives. SAPS asks the heir to include the executor's letter of appointment. The SAPS website lists the current forms.

Who keeps an inherited firearm while the licence application is pending?

The executor, in storage that meets Regulation 86, usually with a licensed dealer. An heir who already holds a licence may keep it for the estate under the executor's letter of consent, filed with the heir's Designated Firearms Officer (Regulation 103(2)).

What happens if the heir's licence application is refused?

The firearm is not released to the heir and must be deactivated or disposed of under the Act (section 148(1)). The heir may appeal to the Appeal Board under section 133, and the firearm stays in lawful storage while the appeal runs.

How long does an inherited firearm licence take?

The Minister of Police said in November 2024 that applications take on average 120 working days from capture on the Registry's system, and many take longer. The Act fixes no timeframe.

Sources

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