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Dealing with Firearms

A) EXECUTOR’S DUTIES

    • The Executor will contact the Central Firearms Control Registry (CFCR) to confirm registration of the firearm/s in the name of the deceased.
    • If there is a firearm/s, the Executor will:
      • Contact the spouse / family and find out where the firearm/s are kept for safekeeping, as well as obtaining the details of the person holding the firearm/s;
      • Confirm that they are stored correctly in terms of Regulation 86;
      • Confirm that the heirs have knowledge of the whereabouts of all the firearms mentioned by the CFCR and that they are in safekeeping;
      • Communicate the final instructions for the firearm/s.

B) TRANSFER OF FIREARMS

1) HEIR

The Executor will confirm:

      • That the heir is compliant with Regulation 86;
      • Whether the heir wants the firearm;

If affirmative, the Executor will provide the heir with an Affidavit signed and commissioned by the SAPS referring to Regulation 86.

      • On receipt of the Letters of Executorship, the heir is provided with the SAPS 539 certificate, granting the heir permission to store the firearm for a period dictated by the SAPS.
      • The Executor will also provide the heir with a SAPS 271 form.
      • The heir needs to complete the competency course and submit the certificate with the application form to the SAPS for onward transmission to the CFCR.

2) OTHER DEALER

    • To be used if the heir is non-compliant in terms of Regulation 86.
    • Firearm/s will be held by the dealer until the heir is licensed to keep the firearm/s.
    • The Executor will provide the dealer with a SAPS 534 form to allow them to take transfer of the firearm/s into their dealer stock.
    • Once the Executor receives proof on the dealer’s letterhead reflecting the dealer’s code and confirming that they are holding the firearm/s, the Executor will await a copy of the completed and signed SAPS 534 and SAPS 350(a) forms.
    • The Executor will regularly follow up with the CFCR until confirmation of transfer of ownership is received.
    • It then becomes the responsibility of the dealer to liaise with the heir and ensure that the transfer forms are received.

3) LEGALLY ARMED

    • The Executor does not allow third parties to store firearms.
    • The firearm/s need to be stored with a dealer until the heir/s licence has been issued to ensure that the firearm/s are dealer-stocked and no longer reflects in the name of the deceased.

4) DESTRUCTION OF FIREARMS

    • Once the heirs advise the Executor that they wish to have the firearms destroyed, the Executor then proceeds immediately, especially if they are not stored correctly in terms of Regulation 86.
    • The Executor will contact the nearest SAPS branch and request collection and destruction of the firearms.
    • The Executor will then follow up with the CFCR to confirm that the firearms have been removed from the deceased’s name.

5) DEACTIVATION OF FIREARMS

    • The dealer / RAM Couriers arranges for the collection of the firearms.
    • The Executor provides the dealer with instructions and documents to dealer-stock the firearm/s or confirms that it was handed in at SAPS.
    • SAPS then sends the firearms for ballistic testing and the firearms are returned to the SAPS after several months.
    • The dealer collects the completed documents pertaining to the firearms and then attends to the deactivation documents.
    • These documents are then lodged with the Provincial office.
    • The firearms should be transferred out of the name of the deceased within a matter of months.
    • The deactivation of a firearm alone takes a few days to finalise, as well as having the firearm removed from the name of the deceased, however the ballistic testing can take up to 2 years to complete.

 

C) LOST / STOLEN FIREARMS

    • This is when the heir advises the Executor that they do not know the whereabouts of the firearms.
    • The Executor then gathers as much information as possible, completes an Affidavit and then physically goes to the SAPS to report the firearms lost / stolen.
    • The SAPS will then open a docket and forward it to the police station nearest to the last known address of the deceased for the detectives to investigate further.

D) FINAL PAPERWORK

The Executor obtains proof in the form of 10.2.3 and 8.1.2.4 Certificates and closes the file.

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