What the Firearms Control Act says
No person may possess a firearm unless they hold a licence, permit or authorisation for it under the Act (section 3). The Act contains no exception for a family member, an heir or a person who found the firearm in a house. Giving possession of a firearm to someone who may not hold it is a separate offence (section 120(10)(a)).
The executor's statutory duty is written for the deceased's licensed firearms: section 147(2) applies to an executor who comes into possession of "a firearm licensed to the deceased", and Regulation 103 speaks of the firearms of the holder of a licence, authorisation or permit. A firearm that was never licensed is outside that wording, so the executor cannot simply treat it like the others. The estate's attorney advises on a specific case.
What to do, in order
- Do not use the firearm, sell it, give it to a relative or friend, or take it to a gun shop or shooting range. Keep it where it is and keep it out of anyone's reach, and leave any ammunition alone. If it might be loaded, do not try to unload it; leave it and tell the police when you report.
- Report where the firearm is to a police official without delay. Section 120(2) makes it an offence for anyone who is aware of a firearm, or ammunition, that is not in the lawful possession of any person to fail to report its location, and the police official must give written proof of the report or, for a telephone report, an official reference number. Keep that proof on the estate file. Do not wait for the executor or an attorney before reporting.
- Tell the executor, or the estate's attorney, at once. The firearm is part of the estate's affairs even though no licence covers it.
- Ask the Designated Firearms Officer (DFO) what the police records show. A firearm can look unlicensed when the paperwork was lost, so also look for a licence card or renewal notice among the deceased's papers.
- Ask the DFO how the police want the firearm handed in before anyone carries it anywhere. Moving a firearm without a licence, permit or authorisation is still possession.
- Ask the estate's attorney whether and how the firearm appears in the executor's Regulation 103 notice and reports. Regulation 103 requires the notice to list the firearms and ammunition of the holder of a licence, authorisation or permit.
Handing it in: why the usual surrender route does not fit
The surrender route used for estate firearms is Regulation 94. As SAFLII prints it, Regulation 94(1) lets a person who is legally entitled to possess a firearm, and who owns it, surrender it to the police by handing it to a police station with the licence and the form the Registrar determines. A firearm with no licence, permit or authorisation does not fit that wording, which is why the DFO must say how the police take it in. The surrender guide covers the ordinary route for a licensed firearm.
The Act itself provides for surrender without prosecution only under an amnesty. The Minister may declare an amnesty by notice in the Gazette, valid only with Parliament's approval, and a person who surrenders a firearm or ammunition under it cannot be prosecuted for possessing it without the required licence (section 139). A person who surrenders a firearm under an amnesty may apply for a licence for it. The amnesty notice sets the period and the conditions, so read the notice itself.
The last amnesty periods ended on 31 January 2021. Check the SAPS website for any current amnesty before you act.
A firearm whose licence expired is a different case
A licence that expired or lapsed is not the same as a firearm that was never licensed. The High Court order of 15 September 2026 declared that an expired licence does not by itself end ownership, so the firearm remains an asset of the deceased estate, and that a licensed dealer may receive such a firearm from the executor. Dealer custody under the order is not yet open. The order does not say who may hold an estate firearm before an executor is appointed, and it does not decide how Regulation 103 applies to a firearm whose licence had expired before death. Read the guide to the order and legal updates for where it stands, and ask the estate's attorney.
Where the licence has expired, ask the DFO whether a section 21 authorisation (form SAPS 518) is needed before the firearm is moved. The Registrar may issue a section 21 authorisation to any person, for a period and on conditions the Registrar sets (section 21(1)).
Can an heir keep it?
An heir who wants an inherited firearm must obtain the appropriate licence, permit or authorisation for it, and otherwise has it deactivated or disposes of it under the Act (section 148(1)). A competency certificate and a licence in the heir's own name come first; see the guide for heirs. Whether the Central Firearms Registry will licence a firearm that was never licensed to the deceased is not something this guide can answer, so do not assume it. Ask the DFO.
How Firearmdesk helps
Report the firearm to the police first, without delay; do not wait for us. Firearmdesk then helps with the police side: we explain what to tell the Designated Firearms Officer, make sure you have the written proof or reference number the police must give you, and keep it with the officer's instructions for the hand-in on the estate file.
We never take possession of, carry or store an unlicensed firearm: nobody may hold it without a licence, permit or authorisation for it (section 3). Firearmdesk is not a law firm; the estate's attorney advises on your own position. Contact us.
Questions
Is it illegal to keep a firearm that was never licensed?
Yes. Section 3 of the Firearms Control Act prohibits possessing a firearm without a licence, permit or authorisation for it, and the Act makes no exception for an heir or a relative who finds one. Ask the Designated Firearms Officer before moving it.
Must I report an unlicensed firearm I find in a deceased estate?
Where the firearm is not in anyone's lawful possession, section 120(2) of the Firearms Control Act requires anyone who is aware of it to report its location to a police official without delay, and the official must give you written proof or a reference number. The estate's attorney can advise on your position, and the report should not wait for that advice.
Can I just take the firearm to the nearest police station?
Ask first. Regulation 94 provides for surrender by a person legally entitled to possess the firearm, and carrying an unlicensed firearm is itself possession. Phone or visit the Designated Firearms Officer at your police station and follow the instruction you are given.
Is there a firearm amnesty in South Africa now?
An amnesty is declared by the Minister under section 139 of the Firearms Control Act and is valid only with Parliament's approval. The last periods ended on 31 January 2021; check the SAPS website for any current one.
What if the deceased's firearm licence had expired?
The firearm remains an asset of the estate under the High Court order of 15 September 2026, which is a different position from a firearm that was never licensed. See the guide to the order and legal updates, and ask the estate's attorney how Regulation 103 applies.
Does the executor have to list an unlicensed firearm in the Regulation 103 notice?
Regulation 103 requires an inventory of the firearms and ammunition of the holder of a licence, authorisation or permit, which does not clearly cover a firearm that was never licensed. Take the estate attorney's advice on how it is dealt with, and do not leave it out of the file.
Can an heir inherit an unlicensed firearm?
An heir who wants a firearm must obtain the appropriate licence for it (section 148(1)), and the heir needs a competency certificate first. Whether the Registry will licence a firearm that was never licensed is a question for the Designated Firearms Officer.
Sources
- Firearms Control Act 60 of 2000 (SAFLII): sections 3, 21, 120, 139, 147 and 148
- Firearms Control Regulations, 2004 (SAFLII): regulations 94 and 103
- SAPS: questions on firearms in deceased estates
- High Court, Gauteng Division, Pretoria, case 2025-104362, 15 September 2026: judgment (PDF); current status on the legal updates page