Deceased Estate Firearms

ESTATE FIREARMS – Purchasing a firearm from an estate or inheriting a firearm from an estate

Many executors of deceased Estates have no idea what they are doing when firearms are involved because they are unfamiliar with the Firearms Control Act and its Regulations.

After the death of a person, in this case, a firearm owner, the estate asset value will determine whether an executor is appointed by way of :

1. s18(3) Letter of authority (under R250 000) – this means that the executor is free of the obligation of drawing up and submitting a Liquidation and Distribution Account to the Master in his/her administration of the estate;

2. Letter of executorship (R250 000 or more) – which means that the executor is required to draw up and submit a Liquidation and Distribution Account upon having finalised the figures in the administration of the Estate.

The executor is responsible for taking charge of all elements (assets and liabilities of the estate) and ensuring that the estate is administered to fit the claims of creditors and to distribute the residue according to the laws of testate (deceased passed away with a will) or intestate (deceased passed away without a will) succession.

In respect of firearms:

A. the estate is still the owner and licence holder of the firearm;

B. accordingly, the firearm is still an asset of value to the estate and the licence is still held by the deceased;

C. The control of the firearm and disposal of the firearm, however, is the responsibility of the Executor.

WHAT ARE THE EXECUTOR’S RESPONSIBILITIES?

s147(2) of the Act states that the executor of the estate of a deceased person who comes into possession of

a firearm licensed to the deceased must store the firearm as prescribed.

Regulation 103 deals with this.

Regulation 103(1) states that an executor (whilst waiting for a letter of executorship/authority from the Master) – may apply for a s21 Temporary Possession Authorisation permit (see more detailed notes about this provision on the Motivus page).

Regulation 103 (2) states that an executor must take steps

to ensure the safe custody of the firearm and ammunition and store the

firearms and ammunition in a storage facility as prescribed in regulation 86 (SABS compliant safe):

Regulation 103 (2) further states that if an heir of a deceased estate is a holder of a firearm licence, authorisation or permit issued under the Firearms Control Act, that heir may provide for the safe custody of the firearm and ammunition on condition that –

(a) the executor does not have the required storage facilities;

(b) the executor issues a letter of consent to the heir for the safe custody

of the firearm, stating the licence particulars of the deceased and make, type, calibre of the firearm, as well as, every manufacturer’s serial number or additional identification mark that is reflected on the firearm; and

(c) a copy of the letter of consent must be filed with the Designated Firearms Officer (DFO) for the area where the heir resides.

Regulation 103 (3)

Regulation 103(3)(a) – INVENTORY

The executor must compile an inventory:

(i) of all the firearms and ammunition of the holder of a licence clearly indicating the make, type, calibre of the firearm, as well as, every manufacturer’s serial

number or additional identification mark that is reflected on the firearm and the quantity, calibre and make of the ammunition;

and

(ii) of firearm parts.

Regulation 103(3)(b)- REPORT TO REGISTRAR

The executor must within 14 days of receipt of a letter of appointment by way of letter or document furnish the Registrar with :

(i) the name and address of the holder of the licence, authorisation or permit;

(ii) the address where the firearms or ammunition are stored;

(iii) a copy of the inventory referred to in subparagraph (a);

(iv) a copy of the letter of appointment and if the holder of the licence is deceased, a copy of the death notice;

(v) if the firearms and ammunition devolve by testamentary or

intestate succession, the names, addresses and identity

numbers of all beneficiaries; and

(vi) documentary proof of appointment as executor, administrator, trustee, curator or liquidator, as the case may be, of the estate concerned.

This can be sent to :

The Registrar

Central Firearms Registrar

Private Bag X811

Pretoria

0001

Regulations 103 (5) to 103 (10) – PROCESS AFTER REPORTING ESTATE FIREARMS TO THE REGISTRAR

(5) The particulars in the notification referred to in subregulation (4)(b) must be recorded by the Registrar in the Central Firearms Register.

(6) The Registrar must within 30 days after receipt of the notification referred to in subregulation (4)(b) furnish an acknowledgment of receipt to the executor.

(7) The executor of the estate must at least every three months inform the Registrar in writing of the progress that has been made and steps which have been taken in respect of the transfer of such firearms and ammunition together with the details of the person to whom the firearm or ammunition was transferred to.

(8) The Registrar may at any time by written notice direct the executor of the

estate to inform him or her within the period mentioned in the notice of the

progress that has been made and steps that have been taken in respect of

any such transfer.

(9) The executor may only apply to the Master of the High Court to finalise the estate after notification has been received from the Registrar that all firearms involved have been transferred in terms of the Act.

(10) A messenger of the court or bailiff may not deliver a firearm sold in execution or which must be transferred in terms of the relevant warrant of execution to any person unless that person is in possession of a licence, authorisation or permit to possess that firearm.

INHERITANCE OF A FIREARM FROM A DECEASED ESTATE

s148 of the Act – Inherited firearms

(1) A person who inherits a firearm must-

(a) if he or she wishes to keep the firearm, apply for an appropriate licence, permit or authorisation in terms of this Act;

(b) if he or she does not wish to acquire the firearm, or fails to obtain the appropriate licence, permit or authorisation, have the firearm deactivated or dispose of it in terms of this Act.

Estate firearms often carry extreme sentimental value to successors and surviving family members.

Firearms play a huge role in many families – bringing them together in the hunting field or on shooting ranges.

Possibilities:

1. Sometimes, the deceased goes as far as bequeathing all/some firearms to specific legatees in his /her will (testamentary inheritance) ;

2. Sometimes, the deceased leaves his / her entire estate or the residue of his / her estate (which may include his / her firearms) to an heir;

3. Sometimes the deceased passes away with no will in place – which means that the devolution of the firearms will be by way of intestate succession (an heirs prescribed by the Intestate Succession Act).

Should a legatee or heir accept the bequest / inheritance of a firearm / firearms – such legatee/ heir must immediately acquire his/her SAPS competency for the relevant category (ies) of firearms accepted.

This is to be considerate to the administration process and to expedite the signing off of the firearms to the Registrar.

Once the heir has acquired his/her competency from SAPS- provided that the licences were valid at the date of death, such heir may apply for a licence for the inherited firearms under the relevant sections of the Act , which application must be accompanied by the following essential documents :

1. The letter of executorship / authority by which the executor is formally appointed by the Master;

2. A letter from the executor explaining the applicant’s inheritance of the firearm;

3. The will bequeathing such firearm to the applicant (if applicable);

4. A copy of the Executor’s ID;

5. A copy of the deceased’s ID;

6. a copy of the deceased’s licence card for that firearm which was valid as at date of death (green or valid white licence);

7. A letter from the executor explaining that the deceased’s licence was valid as at date of death but subsequently expired due to renewal being impossible (attaching the death certificate to prove that the date of death preceded the expiry of the white licence).

HEIR / LEGATEE REJECTS BENEFIT / FIREARM INHERITANCE – ESTATE FIREARMS SALES

Not everybody is thrilled to inherit a firearm (I know… weird right?) and not everybody wants to go through the competency and licencing process for the sake of sentiment and inheritance.

This is where the Executor is entitled to alienate/ dispose of the firearm by way of sale to a third party (not an heir or legatee).

When buying an estate firearm – all correspondence is to be with the Executor who represents the deceased owner and licence holder.

Once a price has been established – it is prudent to enter into a written agreement with the Executor setting out the terms and acquiring a written guarantee from the Executor that the firearm is free of claims by the deceased’s heirs/legatees/beneficiaries.

Upon payment – ownership transfers to the buyer but the firearm must be licenced to the buyer to take possession of the firearm.

This entails the normal application for a licence to possess a firearm where the parties to the SAPS271 are the Estate (represented by the Executor) and the buyer- the following documents are really crucial:

1. The letter of executorship / authority by which the executor is formally appointed by the Master;

2. A letter from the executor confirming the buyer’s purchase of the firearm;

3. The written agreement RE such firearm sale (if any);

4. A copy of the Executor’s ID;

5. A copy of the deceased’s ID;

6. a copy of the deceased’s licence card for that firearm which was valid as at date of death (green or valid white licence);

GREEN LICENCES

Many older estate firearms are licenced under the old Arms and Ammunition Act….

These licences are valid and applications for firearms for which green licences were conferred upon such licence holders are approved by the CFR.

THE CFR AND GREEN LICENCES FOR FIREARMS WHICH WERE SUBSEQUENTLY LICENCED UNDER THE FIREARMS CONTROL ACT (WHITE LICENCES)

Only green licences succeeded by white licences for the same firearms are construed to be “replaced” by the white licence and the Registrar retains a view that all benefits etc. associated with green licences are waived by the licence holder upon “migration” to white licences under the new Firearms Control Act 60 of 2000.

Unfortunately, this means that the expiry of a subsequent white licence (despite possession of a green licence for that same firearm) puts such licence holder in the same boat as licence holders with expired white licences who never had green licences.

DISPOSAL / DESTRUCTION / DEACTIVATION OF FIREARM IN THE ABSENCE OF INHERITANCE/ SALE OF THE FIREARM

If the heirs/legatees reject the benefit of inheriting a firearm and the Executor is unable to sell the firearm , there are a number of options, inter alia but non-exhaustively:

1. s149 of the Act and Regulation 104 – Destruction of Firearms

2. s150 of the Act and Regulation 105 – Deactivation of Firearms

Motivus (https://www.facebook.com/motivusmotivation)

Thorough. Precise. Informed.