The Inheritance of Firearms
A person who inherits a firearm has a few options to his or her disposal. If he or she wishes to keep the firearm, he or she personally needs to apply for a license or permit in terms of the Firearm Control Act 60 of 2000, if they are not already in possession of such a license or permit. The application involves writing a test at the South African Police Service to ensure that the applicant comprehends and complies with gun safety regulations. An applicant must also obtain a Competency Certificate which will be issued if an accredited agent is satisfied that the applicant is at least 21 years old, a South African citizen and a competent person to possess, manage and control a firearm. The application to possess a firearm can potentially be a lengthy process and it is therefore imperative that the heir initiate the application process as soon as readily possible.
If, however, a person does not prefer to obtain a license or permit for the firearm, they must take the necessary and appropriate steps to have the firearm deactivated by a gunsmith or dispose of the firearm in a safe manner. The firearm may be handed to a licensed firearms dealer or the South African Police Service to be destroyed. A firearm may also be deactivated by a gunsmith, where after the gunsmith must issue a certificate to confirm that the firearm has indeed been deactivated.
In the event that a person has been appointed as the executor or representative of an estate, he or she is obliged to compile an inventory of all the firearms, ammunition and firearm parts of the deceased. The inventory must clearly indicate the make, type and calibre of the firearm as well as the manufacturer’s serial number. The executor or representative should thereafter as soon as possible and within 14 days after the issue of the Letters of Executorship or Master’s Representative notify the Central Firearms Register by way of a letter which must enclose the particulars of the deceased, a copy of the death certificate, a copy of the inventory, details of the heirs, a copy of the letter of executorship or appointment as master’s representative and the address where the firearms are currently being held.
Once appointed, the executor or representative of the estate should further ensure that steps be taken to store the firearms and its ammunition safely at an approved storage facility as prescribed by Regulation 86 of the Firearm Control Act. It is important to note that a person is strictly prohibited to use firearms during this period and the firearms may only be used once the applicable licence or permit has been obtained in respect of the specific firearm. The executor or representative may furthermore only hand over the firearms to an heir if he or she is in possession of a valid licence for that specific firearm.
Given the inherent complexities associated with inheriting firearms, it is advisable that an attorney be consulted to assist in the process of the administration of an estate where firearms are involved.
Provided by Van Zyl Kruger
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