What a section 21 authorisation is
Section 3 of the Firearms Control Act says no one may possess a firearm unless they hold a licence, permit or authorisation issued under the Act for that firearm. Section 21 supplies a temporary route: the Registrar may issue a temporary authorisation to possess a firearm to any person, for the period the Registrar determines and on the conditions that are prescribed and imposed (section 21(1)). The Registrar may withdraw it at any time if a condition is not complied with (section 21(2)).
It is not a licence. It authorises possession of the firearm named in it, for the period and the use stated in it, and nothing more.
When an estate needs one
The Act and Regulation 103 point to three situations, and the first is the usual one.
| Situation | What the law says |
|---|---|
| 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 the appointed executor's duties under Regulation 103(2) take effect (Regulation 103(1)). |
| An attorney or other professional administering the estate for the executor | May store the estate's firearms under a section 21 permit until they are transferred or surrendered, subject to Regulations 67(1) and 67(4) and, so far as it applies, Regulation 86. Regulation 103 then applies to that person as if they were the executor (Regulation 103(11)). |
| An heir who needs time to dispose of an inherited firearm | The Registrar may issue one to give a person who inherits a firearm a reasonable time to dispose of it (section 148(2)). |
Does an appointed executor also need one?
Usually not to hold the firearms for the estate. Section 147(2) of the Act requires the executor who comes into possession of a firearm licensed to the deceased to store it as prescribed, and Regulation 103(2) prescribes storage that meets Regulation 86, or a licensed heir under a letter of consent. SAPS describes the executor as the custodian of each firearm until it is disposed of or licensed. The temporary permit under Regulation 103(1) ends when those duties take effect.
If the station, a dealer or a transporter asks for an authorisation before a firearm is moved, the executor can apply for one. Moving a firearm is a separate question from holding it: ask the DFO what applies in the case. The storage guide sets out who may lawfully hold estate firearms.
How to apply
The Registrar decides whether to issue an authorisation. A pending application is not an authorisation, so the firearm stays where it lawfully is until the Registrar has issued it. If the firearm is already in your house and nobody holds an authorisation, do not move or use it. Tell the Designated Firearms Officer at your police station today and follow their instruction.
- Download form SAPS 518, "Application for a Temporary Authorization to Possess a Firearm", from the SAPS firearm forms page, or ask the DFO for the current version.
- Attach what Regulation 23(1) asks for: a written motivation describing the safekeeping steps, a written declaration of the safekeeping facilities that meet the prescribed standard and where they are, and a certified copy of any related licence, here the deceased's licence for the firearm.
- Lodge the application at least seven days before the date the possession is to begin (Regulation 23(2)(a)). The Registrar may exempt an applicant from that period on good cause shown (Regulation 23(2)(c)). Ask the DFO where the application is lodged.
- Keep the authorisation with the firearm and produce both to a police official on request (Regulation 24(1)).
What a section 21 authorisation does not allow
- It is valid only for the firearm, the period and the specific use stated in it (Regulation 24(2)).
- The firearm may be used only if the Registrar permits that use by endorsement on the authorisation, and on the conditions the Registrar imposes (section 21(5)).
- The firearm may be disposed of only with the Registrar's written consent, on such conditions as the Registrar imposes (section 21(6)). A holder cannot sell, give away or hand over an estate firearm on the strength of the authorisation alone.
- It does not replace the executor's duties. Once the Master appoints the executor, the 14-day notice to the Registrar, the storage rules and the progress reports in Regulation 103 apply, and the estate can be finalised only after the Registrar confirms every firearm is transferred.
How Firearmdesk helps
Firearmdesk can prepare the section 21 application, the Regulation 103 inventory and notice and the letter of consent for a licensed heir for the executor or the administering attorney. It does not issue authorisations or give legal advice. Dealer custody under the order of 15 September 2026 is not yet open; see legal updates. Refer an estate to hand the work over.
Questions
What is a section 21 authorisation under the Firearms Control Act?
A temporary authorisation issued by the Registrar to possess a firearm, to any person, for the period the Registrar determines and on prescribed conditions (section 21(1)). It is not a licence and is valid only for the firearm, period and use stated in it.
Who can hold a deceased person's firearms before the executor is appointed?
The executor nominated in the will or, where there is none, an heir, next of kin or close relative, under a section 21 permit (Regulation 103(1)). Nobody else may hold the firearms without a licence, permit or authorisation for them (section 3).
Which form applies for a section 21 authorisation?
Form SAPS 518, "Application for a Temporary Authorization to Possess a Firearm". Download the current version from the SAPS firearm forms page or ask the Designated Firearms Officer.
Does an appointed executor also need a section 21 authorisation?
Usually not to hold the firearms for the estate: SAPS describes the executor as the custodian until each firearm is disposed of or licensed, and Regulation 103(2) prescribes the storage. An executor can apply for one where the station or a transporter asks for it before a firearm is moved.
How long before possession must the application be lodged?
At least seven days before the intended date of possession, unless the Registrar exempts the applicant on good cause shown (Regulation 23(2)). How long the authorisation lasts is set by the Registrar in each case (section 21(1)).
Can the holder of a section 21 authorisation sell the firearm?
Not without the Registrar's written consent. A firearm held under a section 21 authorisation may be disposed of only with that consent and on the conditions the Registrar imposes (section 21(6)).
Can an attorney administering the estate hold the firearms?
Yes. An attorney rendering a professional service in the administration of the estate on the executor's behalf may store the estate's firearms under a section 21 permit until they are transferred or surrendered, and must comply with Regulation 103 as if they were the executor (Regulation 103(11)).
Sources
- Firearms Control Act 60 of 2000 (SAFLII): sections 3, 21, 147 and 148
- Firearms Control Regulations, 2004 (SAFLII): regulations 23, 24 and 103
- Firearms Control Regulations, 2004 (PMG copy of the published text): regulations 23 and 24 as published in 2004
- SAPS: questions on firearms in deceased estates
- SAPS: firearm forms: form SAPS 518