Appleton Managing Director, Lauren Hean, explains what must be done to deal with firearms in a deceased estate.
The Firearms Control Act, 2000 (Act No. 60 of 2000) regulates all matters concerning firearms in South Africa, including those found in a deceased estate.
Executors, administrators, or heirs must comply with the Act and related regulations to avoid prosecution.
Before an executor is appointed, a close relative or heir may temporarily possess the firearm only if they obtain a Section 21 permit from the South African Police Service (SAPS). This permit authorises possession until the estate is finalised.
Firearms must be stored in approved safe storage facilities. Unauthorised possession or improper storage is a criminal offence.
Once appointed, the executor of the estate becomes legally responsible for the firearm.
The executor must:
- Notify SAPS about the firearm(s) in the estate.
- Ensure the firearm is safely stored.
- Facilitate either the transfer, licensing, or disposal of the firearm according to the law.
An heir who wishes to keep the firearm must:
- Apply for a firearm licence under the Firearms Control Act.
- Meet all requirements, including competency certification, background checks, and safe storage facilities.
If the heir does not qualify or does not wish to keep the firearm, the executor must arrange for:
- Sale to a licensed dealer.
- Transfer to another licensed individual.
- Surrender to SAPS for destruction.
Risks of non-compliance
- Holding a firearm without a valid licence or permit is a serious criminal offence.
- Penalties include fines, imprisonment, and permanent disqualification from owning firearms.
Managing firearms in a deceased estate in South Africa is a highly regulated process. Executors and heirs must follow the Firearms Control Act to ensure lawful possession, transfer, or disposal. The safest approach is to immediately notify SAPS, secure a temporary permit if necessary, and proceed with either licensing or disposal. This protects heirs from criminal liability and ensures the estate is wound up legally and responsibly.
At Appleton we use the services of DEGRAM (Deceased Estate Gun Related Administrative Matters). You can visit their website at https://degram.co.za/.
Should you have any queries or require any assistance, please do not hesitate to contact our office at clientcare@appleton.com or 0800 50 60 70.
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