Guide for heirs and beneficiaries

Inheriting a firearm from an estate

Inheriting a firearm does not by itself let you take it home. You first need a competency certificate and a licence in your own name, and until then the firearm stays with the executor. This guide explains what is needed, how long it usually takes and what happens if the licence is refused.

Last reviewed: 23 September 2026Not legal advice; the estate's attorney advises on a specific case.

In short

  • The firearm belongs to the estate until it is lawfully transferred. The High Court declared on 15 September 2026 that it remains an asset of the deceased estate pending lawful administration (see legal updates for where that order stands).
  • An heir who wants to keep it must apply for a licence in their own name; otherwise it must be deactivated or disposed of (section 148 of the Firearms Control Act).
  • No licence can be issued unless you hold a competency certificate.
  • While you wait, the executor stays responsible for keeping the firearm in approved storage.
  • If the licence is refused, the executor arranges a sale through a licensed dealer, deactivation or surrender.

What you need

1. A competency certificate

A competency certificate shows that you meet the requirements to possess a firearm. Among the requirements in section 9 of the Firearms Control Act, you must generally be 21 or older, a South African citizen or permanent resident, have passed the prescribed test on knowledge of the Act and completed the prescribed practical training, and have no disqualifying convictions. It is a separate application with its own waiting time. Firearmdesk does not provide the training.

2. A licence application in your own name

The licence application is made on form SAPS 271, for the specific firearm you are inheriting, with a written motivation explaining why you need it and the supporting documents the police station asks for. The executor, or the estate's attorney, gives you the details about the estate and the firearm that the application needs.

3. A safe that meets SANS 953-1

Regulation 86 of the Firearms Control Regulations requires a firearm that is not under your direct control to be kept in a safe that conforms to SANS 953-1 (or a strongroom that conforms to SANS 953-2). Budget for one before you apply.

Who submits it, and where

You do. The heir lodges the competency and licence applications with the Designated Firearms Officer (DFO) at a police station; ask your local station which DFO serves your area. The application is captured on the Central Firearms Registry's system and decided by the Registry, not by the station, the executor or Firearmdesk.

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, which is about six months (reply to question NW2425). Many take longer: at 31 October 2024, 3,114 applications at national office were more than a year old. Plan on months, not weeks.

While the application is pending

  • The firearm stays in licensed custody or with the executor. Once appointed, the executor must keep it in storage that meets Regulation 86, usually with a licensed dealer (Regulation 103(2)).
  • If you already hold a firearm licence, the executor may let you store the firearm for the estate. The executor's letter of consent, giving your licence particulars and the firearm's make, type, calibre and serial number, is filed with your DFO (Regulation 103(2)).
  • A section 21 temporary authorisation can be issued to an heir in two situations. Before an executor is appointed, the nominated executor or, where there is none, an heir, next of kin or close relative may hold the deceased's firearms under an authorisation issued under section 21 of the Act (form SAPS 518; Regulation 103(1)). The Registrar may also issue one to give a person who inherits a firearm reasonable time to dispose of it (section 148(2)). An authorisation is limited to the purpose and period stated on it; it is not a substitute for the licence.

What you can and cannot do in the meantime

Please do not

  • Take possession without authority. Holding a firearm without a licence, permit or authorisation is an offence under section 3 of the Act, even when you are the heir.
  • Move it. Only the person who holds the licence, permit or authorisation for that firearm may transport it to and from where it is stored (Regulation 86(4)(b)), and anyone who transports it for reward needs a firearm transporter's permit.
  • Lend, sell or give it to anyone, even for a day. Giving possession of a firearm to a person who may not possess it is an offence under section 120(10).

You can

  • Start the competency training and the applications.
  • Arrange a safe that meets SANS 953-1.
  • Tell the executor or the estate's attorney in writing that you want to keep the firearm, and ask what the estate needs from you.

If the licence is refused

The firearm is not released to you. The executor then arranges one of the lawful routes:

  • Sale through a licensed dealer. A person who is not a dealer may dispose of a firearm only through a dealer or as the Act otherwise provides (section 31(2)). The proceeds are paid to the estate.
  • Deactivation by a gunsmith.
  • Surrender to the police for destruction.

A refusal may be appealed under section 133 of the Act; a published practitioners' guide says appeals can take 6 to 12 months, and storage continues while one runs. Ask the estate's attorney before deciding.

What it costs

  • SAPS fees. The police charge prescribed application fees. The amounts reported for 2025/26 were R92 for a competency certificate and R183 for a licence; confirm the current amount at the station. Where Firearmdesk pays a SAPS fee for you, it is recharged at cost, with no margin.
  • Training and the safe are paid to the providers you choose.
  • Firearmdesk's transfer administration is R1,250 per firearm excluding VAT (R1,438 including VAT). The heir pays it under a signed heir engagement; it is never charged to the estate or paid through the estate account, and it is not refundable if the licence is refused. See the full fee schedule.

What Firearmdesk does

Firearmdesk works for the estate, through the estate's attorney. Where the executor instructs a transfer to you, we:

  • agree a signed heir engagement with you before any work for you starts;
  • tell you what the application needs and coordinate the estate's documents with the executor and the custody site;
  • show the licence application as a waiting state until there is evidence of the Registry's decision, never as approved before then;
  • hand the firearm over only once your licence is issued and the executor has instructed it, and record the handover with a receipt.

We do not decide licence applications, provide competency training or give legal advice. Receipt into dealer custody opens once counsel confirms the court order is operative; until then we open the matter, verify authority and gather documents, and the custody step waits with its evidence. If you are not sure whether the estate uses Firearmdesk, ask the estate's attorney, or contact us.

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