What Regulation 103 is
Regulation 103 is headed "Disposal of firearms in insolvent or deceased estate". It was published in the Government Gazette on 26 March 2004 (GN R345, Gazette 26156) as part of the Firearms Control Regulations, 2004 made under the Firearms Control Act 60 of 2000. Section 147 of the Act requires an executor who comes into possession of a firearm licensed to the deceased to store it as prescribed; Regulation 103 sets out the detail.
It applies to the executor and equally to an administrator, trustee, curator or liquidator, and to a messenger of the court or bailiff who seizes a firearm. This guide reads it for an executor in a deceased estate. SAPS describes the executor as the custodian of each firearm until it is disposed of or licensed.
The estate's attorney advises on a specific case. For the documents each step needs, see the documents checklist.
The sub-regulations at a glance
Numbers follow the Government Gazette and SAFLII. The published text has no sub-regulation (4).
| Sub-regulation | What it requires |
|---|---|
| 103(1) | Before the Master issues letters of executorship, the executor nominated in the will, or failing one an heir, next of kin or close relative, may possess the deceased's firearms under a section 21 permit until sub-regulation (2) takes effect. |
| 103(2) | The appointed executor must take steps to ensure the safe custody of the firearms and ammunition and store them in a facility that meets Regulation 86. A licensed heir may provide the custody on the conditions in the proviso. |
| 103(3)(a) | On appointment, compile an inventory of the firearms, the ammunition and the firearm parts. |
| 103(3)(b) | Within 14 days of receiving the letter of appointment, deliver a letter, document or facsimile to the Registrar with the prescribed particulars. |
| 103(5) | The Registrar must record the particulars in the Central Firearms Register. |
| 103(6) | The Registrar must acknowledge receipt within 30 days. |
| 103(7) | At least every three months, inform the Registrar in writing of the progress and the steps taken to transfer the firearms and ammunition, with the details of the person to whom each was transferred. |
| 103(8) | The Registrar may at any time direct, by written notice, a report on progress within the period the notice gives. |
| 103(9) | 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. |
| 103(10) | A messenger of the court or bailiff may not deliver a firearm sold in execution to anyone without a licence, authorisation or permit for it. |
| 103(11) | An attorney administering the estate for the executor may store the firearms under a section 21 permit, and must comply with Regulation 103 as the executor would. |
Before appointment: 103(1)
Until the Master issues letters of executorship, the executor nominated in the will may possess the deceased's firearms under a temporary authorisation issued under section 21 of the Act (form SAPS 518). Where the will names no executor, an heir, next of kin or close relative may do so. The permission lasts until sub-regulation (2) takes effect, which is the appointment.
Without a licence, permit or authorisation for the firearm, a family member may not hold it.
Safe custody: 103(2)
The appointed executor must take steps to ensure the safe custody of the firearms and ammunition and store them in a storage facility that meets Regulation 86. This applies subject to any other law.
An heir who holds a licence, authorisation or permit under the Act may provide the safe custody instead, on three conditions:
- the executor does not have the required storage facilities;
- the executor issues a letter of consent to the heir, stating the deceased's licence particulars and the make, type and calibre of each firearm, with every manufacturer's serial number or additional identification mark on it; and
- a copy of the letter of consent is filed with the Designated Firearms Officer for the area where the heir lives.
The inventory and the 14-day notice: 103(3)
On appointment the executor compiles an inventory (103(3)(a)). It lists all the firearms and ammunition of the holder of the licence, authorisation or permit: for each firearm the make, type and calibre and every manufacturer's serial number or additional identification mark, and for the ammunition the quantity, calibre and make. It also lists the firearm parts.
The executor then delivers a letter, document or facsimile to the Registrar within 14 days (103(3)(b)). The 14 days run from receiving the letter of appointment. The notice gives:
- the name and address of the holder of the licence, authorisation or permit;
- the address where the firearms and ammunition are stored;
- a copy of the inventory;
- a copy of the letter of appointment and, where the holder is deceased, a copy of the death notice;
- where the firearms devolve by will or intestate succession, the names, addresses and identity numbers of all beneficiaries; and
- documentary proof of the appointment as executor.
The Registrar's record and acknowledgement: 103(5) and 103(6)
The Registrar must record the particulars in the Central Firearms Register (103(5)) and, within 30 days of receiving the notice, send the executor an acknowledgement of receipt (103(6)). Keep the acknowledgement on the estate file.
Progress reports: 103(7) and 103(8)
At least every three months the executor informs the Registrar in writing of the progress made and the steps taken to transfer the firearms and ammunition, together with the details of the person to whom each was transferred (103(7)). The reports continue until every firearm is dealt with.
The Registrar may also, at any time, direct the executor by written notice to report within the period the notice sets (103(8)).
Finalising the estate: 103(9)
The executor may apply to the Master of the High Court to finalise the estate only after notification has been received from the Registrar that all the firearms involved have been transferred under the Act. The slowest route, often an heir's licence application, sets the pace.
The attorney route: 103(11)
A practising attorney who renders a professional service in the administration of the estate on behalf of the nominated or appointed executor may, under a section 21 permit, store the estate's firearms and ammunition until they are transferred or surrendered. The storage is subject to Regulation 67(1) and 67(4) and, as far as it applies, Regulation 86.
Regulation 103 then applies to the attorney, who must comply with it in the same way as the executor on whose behalf the attorney acts. Sub-regulation (11) was inserted in 2005, so it is not in the original Gazette text of 2004.
A note on numbering
The Gazette has no sub-regulation (4): its numbering runs (1), (2), (3), then (5). SAFLII reproduces that numbering. Acts Online closes the gap and numbers sub-regulations (5) to (11) one lower, as (4) to (10), so the 30-day acknowledgement appears there as 103(5) and the attorney route as 103(10).
Cite the Gazette and SAFLII numbers, as this guide does. Sub-regulations (5) and (6) in the Gazette refer to the notice as "subregulation (4)(b)"; that is the notice in 103(3)(b). The 14-day period is the same in every source.
How Firearmdesk helps
Firearmdesk prepares the Regulation 103 inventory and notice, the section 21 authorisation application, the letter of consent for a licensed heir and each three-monthly report for the executor or the administering attorney. The acknowledgement and every report are kept for the estate file. Refer an estate to hand the work over.
Questions
Is it 12 or 14 days to notify the Registrar?
It is 14 days (Regulation 103(3)(b)). The Gazette text, SAFLII and Acts Online all say 14 days from receiving the letter of appointment, and we have found no source that says 12.
Who must comply with Regulation 103?
An executor, and equally an administrator, trustee, curator or liquidator of the estate of a person who possessed a firearm or ammunition, and a messenger of the court or bailiff who seizes one. An attorney administering a deceased estate for the executor must comply as if they were the executor (Regulation 103(11)).
What goes in the notice to the Registrar?
The name and address of the holder of the licence, authorisation or permit, the storage address, a copy of the inventory, a copy of the letter of appointment and the death notice, the names, addresses and identity numbers of the beneficiaries where the firearms devolve by succession, and documentary proof of the appointment (Regulation 103(3)(b)).
How often must the executor report to the Registrar?
At least every three months, in writing, on the progress made and the steps taken to transfer the firearms and ammunition (Regulation 103(7)). The Registrar may also direct a report at any time by written notice (Regulation 103(8)).
Can an heir store the firearms for the estate?
Yes, an heir who holds a licence, authorisation or permit under the Act, on three conditions: the executor does not have the required storage facilities, the executor issues a letter of consent, and a copy is filed with the heir's Designated Firearms Officer (Regulation 103(2)).
When can the estate be finalised?
Only after the Registrar notifies the executor that all the firearms have been transferred under the Act (Regulation 103(9)). Until then the executor may not apply to the Master to finalise.
Can the estate's attorney do this instead of the executor?
An attorney rendering a professional service in the administration of the estate on the executor's behalf may store the firearms under a section 21 permit until they are transferred or surrendered, and must then comply with Regulation 103 as if they were the executor (Regulation 103(11)).
Why does Acts Online number the sub-regulations differently?
The Gazette has no sub-regulation (4), and Acts Online closes the gap, so it shows the Gazette's (5) to (11) as (4) to (10). The text is the same. Cite the Gazette and SAFLII numbers.
Sources
- Government Gazette 26156 of 26 March 2004, GN R345: regulation 103 as published; sub-regulation (11) was inserted in 2005
- Firearms Control Regulations, 2004 (SAFLII): regulation 103; consolidation updated to 17 February 2012
- Firearms Control Act 60 of 2000 (SAFLII): sections 21 and 147
- SAPS: questions on firearms in deceased estates