The Witbank SAPS firearms office conducted an audit of estate firearms where the owners of the firearms are deceased.

A huge number of firearms are currently in the possession of spouses and family members.

Control Act, 2000 (Act No 60 of 2000) and the Firearms Control Regulations, 2004 impose specific requirements on a person who, under any execution warrant issued by a court of law, or letter of executorship, letter of administration or letter of curatorship from the High Court or the Master of the High Court, acts as messenger of the court, bailiff, executor, administrator, trustee, curator or liquidator of the estate of a person who possesses a firearm and/or ammunition.

A person who inherits a firearm must, if they wish to keep the firearm, apply for an appropriate licence, permit or authorisation in terms of the Firearm Control Act, 2000 (Act No 60 of 2000).

If a person who inherits a firearm does  not wish to acquire the firearm or fails to obtain the appropriate licence, permit or authorisation, they must deactivate the firearm of dispose of the firearm in term of the provisions of the Firearm Control Act, 2000 (Act No 60 of 2000).

The Firearm Control Regulations, 2004 impose specific requirements on the possession and the safe storage of these firearms and/or ammunition.

Responsibilities of the messenger of the court, bailiff, executor, administrator, trustee, curator or liquidator

Immediately after being appointed the executor, administrator, trustee, curator or liquidator of an estate must compile an inventory of all the firearms, ammunition and firearm parts in possession of the holder of a licence, permit or authorisation , which must clearly indicate that make, type and calibre of the firearm manufacturer’s serial number or additional identification marks reflected on the firearm quantity, calibre and  make of ammunition details of the firearm parts within 14 days after the seizure of the firearms of receipt of the letter of appointment, as the case may be, deliver a letter, document or send a facsimile (notification) to the

Central Firearms Register.

This must contain the following particulars:

• The full name, identity number and address of the holder of the licence.
• Permit or authorisation the address where the firearms and ammunition are stored.
• A copy of the inventory of the firearms and ammunition.
• A copy of the execution warrant or letter of appointment if the holder of the licence, permit or authorisation is deceased.
• A copy of the death certificate, the full names, identity numbers and addresses of all the beneficiaries.
• If the firearms and ammunition devolve by testamentary or intestate succession documentary proof of appointment as executor, administrator, trustee, curator or liquidator of the estate in question.

Safe storage of firearms and ammunition for estates of insolvent or deceased persons

 A person who, under any execution warrant  issued by the court of law, or letter of executorship, letter of administration or letter of curatorship from the High Court or the Master of the High Court, as the case may be, acts as messenger of the court, bailiff, executor, administrator, trustee, curator or liquidator of the estate of a person who possessed a firearm or ammunition, must take steps to ensure the safe custody of the firearm and ammunition and store the firearm and ammunition in a storage facility as prescribed in the regulations.

If an heir of an estate of a deceased person is a holder of a licence, authorisation or a permit issued in terms of the Act, he or she must provide for the safe custody of the firearm and ammunition, on condition that:

• The executor does not have the required storage facilities
• The executor issues a letter of consent to the heir for the safe keeping of the firearm, stating the details of the licence of the deceased and the make, type and calibre of the firearm, as well as the manufacturer’s serial number or additional identification marks that are reflected on the firearm
• A copy of the letter of consent is filed with the relevant designated firearms officer for the area where the heir resides
• Firearms may only be stored and not used until the appropriate licences, permits have been issued.

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