Last reviewed: 14 October 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 basis and updates for where that order stands).
- To keep it, you apply for a licence in your own name.Otherwise it must be deactivated or disposed of (section 148 of the Firearms Control Act, the section on firearms inherited from an estate). No licence can be issued unless you hold a competency certificate.
- While you wait, the executor stays responsible.The executor keeps the firearm in approved storage.
- If the licence is refused, the firearm is not released to you.The executor arranges a sale through a licensed dealer, deactivation or surrender.
What you need
- A competency certificateIt 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.
- A licence application in your own nameMade on form SAPS 271 (the licence application form), 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.
- A safe that meets SANS 953-1SANS 953-1 is the South African standard for safes that firearms are kept in. Regulation 86 of the Firearms Control Regulations (the storage rules) 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), the police officer who handles firearm applications, 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), the rule for the firearms of someone who has died).
- If you already hold a firearm licenceThe 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 authorisationIt 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. Where Firearmdesk handles the estate and the firearm must go into licensed custody, a permitted transporter booked for the estate collects it from you.
- 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 dealerA 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.
- DeactivationBy a gunsmith.
- SurrenderTo 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
| Cost | Paid to | Amount |
|---|---|---|
| Competency certificate application | SAPS, at the police station | R92 reported for 2025/26 |
| Licence application | SAPS, at the police station | R183 reported for 2025/26 |
| Competency training | The provider you choose | Set by the provider |
| A SANS 953-1 safe | The supplier you choose | Set by the supplier |
| Transfer administration, per firearm | Firearmdesk, under a signed heir engagement | R1,437.50 |
- The police charge prescribed application fees; confirm the current amount at the station. Where Firearmdesk pays a SAPS fee for you, it is recharged at cost, with no margin.
- The transfer administration fee is paid by the heir. It is never charged to the estate or paid through the estate account, and it is not refundable if the licence is refused. Firearmdesk is not registered for VAT, so no VAT is added to our fees. 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:
- A signed heir engagementWe agree it with you before any work for you starts.
- What the application needsWe tell you, and prepare the estate's documents for it with the executor and the custody site.
- The application shown as pendingUntil there is evidence of the Registry's decision; never as approved before then.
- Handover, receiptedOnce your licence is issued and the executor has instructed it, the custody partner releases the firearm to you, and the release is recorded with a receipt.
We do not decide licence applications, provide competency training or give legal advice. If you are not sure whether the estate uses Firearmdesk, ask the estate's attorney, or contact us.
Sources
- Firearms Control Act 60 of 2000 (SAFLII): sections 3, 9, 21, 31, 120, 133 and 148.
- Firearms Control Regulations, 2004 (SAFLII): regulations 86 and 103.
- SAPS: questions on firearms in deceased estates.
- Minister of Police, reply to parliamentary question NW2425 (November 2024): processing times.
- High Court, Gauteng Division, Pretoria, case 2025-104362, 15 September 2026: judgment (PDF); status on the legal basis and updates page.