inherting a firearm but...

**Gerhard68** · 18-10-2018, 08:42

Hey guys.

My dad passed away a few weeks back and we had discussed me taking his .38 and .22 rifle prior. He didn't leave it to me in his will but now I'm sitting with a bit of confusion.

According to my knowledge my mother is now required to go and report to the SAPS within 30 days of his passing. if she does that SAPS would confiscate the weapons and from what I hear it will either be destroyed or "lost".

How will I get the firearm registered on my name now? don't I need a letter from my dad stating that he is gifting me the firearms?

I have done my competency to handle a firearm and the done the firearms control act course but I don't want to go and register for competency at SAPS yet until I have completed competency for Self loading rifle, manually loaded rifle and shotgun, so as to simplify future purchases etc.

My mother currently holds a license for her .38

any advice on how to proceed?

Thank you in advance

**wave.jaco** · 18-10-2018, 09:03

Gerhard, the story that the firearms are supposed to be reported at SAPS and the fact that they will be destroyed or lost is nonsense. I have licensed firearms in my name from two deceased persons, so I feel that I can advise based on personal experience.

In order to apply for the licenses you will need a letter from the executor of the estate that you will become the new owner of the firearms. In the SAPS 271 application form, the executor of the estate will fill in his/her details as the "current owner" - the SAPS 271 form specifically accounts for this situation. In addition to that a copy of the death certificate need to be attached.

The fact that your mother already has a license (and thus the necessary competency), makes it 100% legal for her to be issued storage permits for the firearms so that it can be kept for safekeeping in her safe. Alternatively, the executor can book the firearms in for safekeeping at a dealer.

Besides that, all the usual copies of IDs, licenses, etc. need to be submitted with the application. The rest is all the same as any other normal license application.

**Ds J** · 18-10-2018, 09:40

The firearms should stay with the executor. No need for SAPS involvement.

**SSP** · 18-10-2018, 09:47

Did your father leave a will?

**Gerhard68** · 18-10-2018, 09:49

Hi wave.jaco

Thank you for the response, my problem is that I wont be able to apply for licensing the firearms on my name within the 30 days.

So what you are saying is that my mother should go and fill in the SAPS 271 form and put her as the owner, then she should have it stored? afterword I can take them when I have finished all competencies, inspections and applied via 271?

**Gerhard68** · 18-10-2018, 09:52

@SSP no my father was still in the process of sorting out his will. I was going to take the firearms within the next few months in any case.

**Gerhard68** · 18-10-2018, 09:57

@Ds J what if there is no executor? everything my parents own of value is in my mothers name. except for the house which will be now placed solely in my mothers name.

all I am worried about is to my knowledge if the firearm is on my fathers name and I go to apply for licensing on my name lets say 2-3months down the line, how is SAPS going to responsd when the death certificate states he passed on 28/09/2018, I am applying for the firearms lets say 01/01/2019 with no letter from him.

does my mother have the right to state It can be licensed in my name?

**Gerhard68** · 18-10-2018, 09:59

Thank you for the responses guys.

**wave.jaco** · 18-10-2018, 10:20

Originally Posted by Gerhard68

Hi wave.jaco

Thank you for the response, my problem is that I wont be able to apply for licensing the firearms on my name within the 30 days.

So what you are saying is that my mother should go and fill in the SAPS 271 form and put her as the owner, then she should have it stored? afterword I can take them when I have finished all competencies, inspections and applied via 271?

There is no reason why you should apply for the firearm license within 30 days. As Ds J said, the firearms should stay with the executor.

Your mother need not apply for the licenses, since the firearms can just remain in her possession (if she is the executor), or in the possession of whoever is assigned as executor of the estate.

Unfortunately I cannot give much advise on the executor side, as I am not an expert in that regard, but all I would say is that you should look into having someone appointed as executor of the estate (that could even be you), then the firearms will at least be safe. From there on you can also apply for the licenses and sign as both the executor and the new owner on the SAPS 271 form. I have done it a number of times, no problems.

**Lone Gunman** · 18-10-2018, 10:28

My story:

My gramps passed away in November last year. My gran never informed SAPS of this. A few months later, I was told I could have the firearms. The executor of the estate collected the firearms and booked them into a dealer of my choosing, 6 months after gramps'passing. Once my Competency was approved, I applied for the firearms from the dealer, which by then were registered as their stock.

No hassles, easy peasy, just the R80/month/firearm for storage.