Why a private sale is not an option
Section 31(1) of the Firearms Control Act forbids trading in firearms without a dealer's licence, and section 31(2) says that a person who is not a dealer may dispose of a firearm "only through a dealer or as otherwise provided for in this Act". An executor is not a dealer. A sale to a neighbour, a friend or an advertiser for cash is therefore not open to the executor, whatever the price.
There is a second barrier. A firearm may be held only by a person with a licence, permit or authorisation for it (section 3), and giving possession of a firearm to a person who may not hold it is an offence (section 120(10)). A buyer who has no licence cannot lawfully take delivery, and the person who gives possession commits the offence.
| Route | Open to the executor? |
|---|---|
| Sale through a licensed dealer to a buyer who may lawfully possess the firearm | Yes (section 31(2)) |
| Sale to a licensed dealer, which buys the firearm into its own stock | Yes (section 31(2)); SAPS form 534, Transfer of Firearm Ownership, records the transfer |
| Private cash sale, an advertisement or a sale to a friend | No, save as section 31(3) allows for a collection |
| Handing the firearm to a family member or buyer without a licence for it | No (sections 3 and 120(10)) |
The executor's instruction
The firearm belongs to the estate until it is lawfully transferred, and the executor, who is its custodian, instructs, with the heirs' written approval (section 147 and Regulation 103). A sale is one of four endings. An heir who inherits a firearm may apply for a licence to keep it or, failing that, have it deactivated or dispose of it in terms of the Act (section 148(1)); a sale is the dealer route for that disposal.
Before instructing a dealer, the executor should have:
- the letter of appointment, and a copy of the Regulation 103 notice already sent to the Registrar (the guide to contacting the Registry says what the notice contains);
- each interested heir's written approval of the sale. Section 47 of the Administration of Estates Act has the executor sell estate property in the manner and on the conditions the heirs who have an interest approve in writing, unless the will says otherwise. Where an heir is a minor, absent or under curatorship, or the heirs cannot agree, the Master's approval is needed;
- the legatee's decision, where the will leaves the firearm to a named person, because the choice is the legatee's;
- a valuation where the price needs support. Where no heir wants the firearm and its value is low, weigh the sale price against the storage that accrues every month (see storing firearms from a deceased estate).
What the licensed dealer does
- Holds the firearm lawfully. The dealer keeps it in the safe or strongroom named on its licence and enters it in its Firearms Safe Custody Register with the executor's signature (Regulations 67 and 37(3)).
- Finds a buyer, or buys the firearm into its own stock. A dealer trades only on the premises specified in its licence (section 39(1)).
- Hands the firearm only to a person who may lawfully possess it: a buyer with a licence, permit or authorisation for that firearm (sections 3 and 120(10)).
- Records the disposal. The register entry shows the date of transfer or disposal and the recipient's signature (Regulation 37(3)).
- Pays the proceeds, less its commission, to the estate or into the administering attorney's trust account.
What the sale costs and who is paid
The proceeds belong to the estate. The selling dealer deducts its commission from the price: 10% of the sale price, with a minimum of R400, plus VAT if the dealer is registered for VAT. That is the commission on Firearmdesk matters; elsewhere, agree the dealer's terms in writing before the instruction. Storage at the dealer is charged until the sale, and the executor keeps a voucher for each charge for the liquidation and distribution account. Firearmdesk's own charges are on the fees page.
Section 49 of the Administration of Estates Act restricts who may buy estate property from the executor. Ask the estate's attorney before selling to anyone connected with the administration of the estate.
After the sale: what goes on the estate file
- The written instruction to the dealer and each heir's written approval.
- The dealer's register entry or receipt showing the date and the buyer who took delivery, and its statement of the price, the commission and the balance paid.
- The next three-monthly report to the Registrar, with the details of the person to whom the firearm was transferred (Regulation 103(7)).
- Where the firearm was sold to a dealer, a copy of form SAPS 534, Transfer of Firearm Ownership, if the dealer completed one.
- The Registrar's notice that all the firearms have been transferred under the Act, without which the executor may not apply to the Master to finalise the estate (Regulation 103(9)).
How Firearmdesk helps
Firearmdesk prepares the valuation, the heirs' approval and the executor's instruction to a licensed custody partner, which sells; Firearmdesk never finds or deals with buyers. Dealer custody under the order of 15 September 2026 is not yet open; see legal updates. The dealer pays the proceeds to the estate or the attorney's trust account, not through Firearmdesk, and Firearmdesk takes no share of the price. Refer an estate to hand the work over.
Questions
Can an executor sell a deceased person's firearm privately in South Africa?
No, save as the Act provides for a firearm in a collection (section 31(3)). A person who is not a dealer may otherwise dispose of a firearm only through a dealer (section 31(2)). The executor instructs a licensed dealer to sell it, and the proceeds are paid to the estate.
Who may buy a firearm from a deceased estate?
A licensed dealer, which may buy it into stock, or a person who holds a licence, permit or authorisation for that firearm and takes delivery from the dealer. Giving possession to anyone who may not hold the firearm is an offence under section 120(10).
Do the heirs have to agree to the sale?
In practice yes. Section 47 of the Administration of Estates Act has the executor sell on the conditions the interested heirs approve in writing, unless the will says otherwise, and the Master approves where an heir is a minor, absent or under curatorship or the heirs cannot agree. Ask the estate's attorney about a specific estate.
Does the estate pay anything when the firearm is sold?
The dealer deducts its commission from the price. On Firearmdesk matters it is 10% with a minimum of R400, plus VAT if the dealer is registered for VAT, and Firearmdesk takes no share. The estate also pays the dealer's storage until the sale. See the fee schedule.
Can an heir sell the firearm instead of the executor?
The firearm is the estate's until it is lawfully transferred, so the executor gives the dealer the instruction. An heir who does not want the firearm, or who does not obtain a licence for it, may have it deactivated or dispose of it in terms of the Act (section 148(1)), and a sale through a dealer is that disposal.
What if the deceased's firearm licence has expired?
Under the High Court order of 15 September 2026, the expiry or lapsing of a licence does not by itself extinguish the estate's ownership, and a licensed dealer may receive such a firearm from the executor. Dealer custody under the order is not yet open. See legal updates for where the order stands.
What happens to the Registrar's records after the sale?
The executor reports the transfer, with the details of the person who received the firearm, in the next three-monthly report (Regulation 103(7)). The estate can be finalised only after the Registrar confirms that every firearm has been transferred (Regulation 103(9)).
Sources
- Firearms Control Act 60 of 2000 (SAFLII): sections 3, 31, 39, 120, 147 and 148
- Firearms Control Regulations, 2004 (SAFLII): regulations 37, 67 and 103
- Administration of Estates Act 66 of 1965: sections 47 and 49: sale of estate property by the executor
- SAPS: questions on firearms in deceased estates
- SAPS: firearm forms (English): SAPS 534, Transfer of Firearm Ownership; checked 19 October 2026
- High Court, Gauteng Division, Pretoria, case 2025-104362, 15 September 2026: judgment (PDF); current status on the legal updates page