By: Nicola Mawson
Let’s say there is an old rifle in your family, that belonged to Granddad and has now been left to you in a will. It has sentimental value because it dates back over a century, still has its original wooden stock, and has been used for hunting for ages to feed a family.
However, the firearm can’t simply be handed down from generation to generation anymore, not since the Firearms Control Act (FCA) was enacted in 2001.
Rynoe Smith, a member of the Fiduciary Institute of Southern Africa, a Fiduciary Practitioner of South Africa, and a Wealth Manager at PSG WEALTH Preller Walk, explained that inheritance used to be the easiest way to obtain a firearm, particularly in the farming community.
Under the FCA, if you are the heir of a firearm, you have four options, Smith explained:
If you do not want to inherit the firearm, it can be handed over to a registered firearms dealer to be sold.
If you do not want to inherit the firearm, it can be handed over to the South African Police Service (SAPS) to be destroyed.
If you want to inherit the firearm but do not want to use it, it can be handed over to a registered gunsmith to be deactivated.
If you want to keep and use the firearm, you must apply for a new licence under the Act.
In fact, the FCA specifically states that anyone who inherits a firearm, which includes a muzzleloader, needs to apply for a license, permit, or permission to keep the weapon.
And it’s not always guaranteed that this will be granted. To get a firearm license in South Africa, a person must obtain a competency certificate, which involves a test on the law, training, and undergoing a practical test regarding the safe and efficient handling of a firearm at an accredited training provider.
“However, it is no longer that easy to obtain a firearm licence. The mere fact that you inherit a firearm does not necessarily mean that you qualify for a firearm licence,” said Smith.
Then, the SAPS website states, there are forms and documents to submit, following which the heir must get a licence.
Smith noted that an heir will need “a strong motivation to prove that you are fit and proper to own a firearm”.
What is also important to bear in mind, said Smith, is that the law limits the number of firearms that someone can privately own. “For purposes of self-defence, you may possess only one firearm. If you own a firearm for self-defence, you may only possess three firearms for sport and hunting.”
Smith also pointed out that the heir, who will be the applicant for the firearm, must be 21 years old. “If your heir is a minor, there is no other solution than to give the firearm to a competent adult guardian with the hope that the guardian will later give it to him or her when the heir reaches the age of majority. You cannot expect a trustee to keep the firearm for your heir,” he said.
The executor plays an important role in dealing with a weapon left to someone in a will. Smith explained that this person must know the FCA and how to apply it, especially about the safekeeping of a firearm and its disposal. These procedures are regulated by regulations under the law.
Within 12 days of the executor’s appointment, the executor must complete and hand over an inventory of all firearms in a deceased estate, along with any other information that is required, to SAPS, Smith noted. This information will then be kept in the Central Firearms Register, he said.
If the weapon isn’t in a licence holder’s direct control, it and any ammunition must be kept in a safe, Smith summed up.
Another option is if someone decides to keep, but not use, the firearm. In this case, they can apply for it to be deactivated, or made inoperable, by a gunsmith, but only if the Registrar approves of this, website firearms.co.za explains.
There’s also a complex process to follow if the heir decides not to keep the weapon or doesn’t get a license. It either needs to be deactivated or disposed of. Getting rid of guns also requires going through quite a process.
Firearms.co.za explains that heirs can dispose of a gun to have it destroyed, which needs to be done by a gunsmith, with the approval of the Registrar. The state will then determine whether the gun is to be destroyed or forfeited to the state. If forfeited, the heir can apply for compensation.
There are, however, easier options, such as selling or giving the inherited firearm to a registered firearms dealer of his choice, or giving the gun away, if that person gets or has a licence.
Millers Lawyers adds: “The Act prohibits the executor and heir from discarding or disposing of the firearm themselves, and if this is done, a criminal offence may be committed”.
What is clear, is that hanging onto a family heirloom in the form of a firearm requires ensuring that the law is closely followed, else having the weapon will be seen as illegal and this can have serious consequences.
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