It has come to the attention of the Randfontein Firearm Registry Centre (FRC) that firearms belonging to deceased firearm licence-holders are not being handled according to the law.
“The FRC will therefore embark on a project to regulate compliance with instructions as set out in the Firearms Control Act, 2000 (Act 60 of 2000) and the Firearms Control Regulations, 2004,” said Captain Appel Ernst, Randfontein Police’s spokesperson.
The following information should therefore serve as a friendly reminder to all executors/ family members/ persons in possession of estate firearms, that inspections will be conducted in the coming months.
Estates of insolvent or deceased persons:
• The Firearms Control Act 60 of 2000 and the Firearms Control Regulations of 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 he/ she wishes to keep the firearm, apply for an appropriate licence, permit or authorisation in terms of the Firearms Control Act 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, he/ she must deactivate the firearm or dispose of the firearm in terms of the provisions of the Firearms Control Act 60 of 2000.
• The Firearm Control Regulations of 2004 impose specific requirements on the possession and the safe storage of these firearms and/ or ammunition. The responsibilities of the messenger of the court, bailiff, executor, administrator, trustee, curator or liquidator of an estate immediately after being appointed as such state that the person must compile an inventory of all the firearms, ammunition and firearm parts in possession of the holder of a licence, permit or authorisation. The following information must be included:
– The make, type and calibre of the firearm
– The manufacturer’s serial number or additional identification marks reflected on the firearm
– The quantity, calibre and make of ammunition
– Details of the firearm parts
Within 14 days after the seizure of the firearms or receipt of the letter of appointment, as the case may be, the messenger of the court, bailiff, executor, administrator, trustee, curator or liquidator of an estate must deliver a letter, document or send a notification or fax to the Central Firearms Register, which 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
These documents must be send to the following address:
The Registrar, Central Firearm Register
Private Bag X811
PRETORIA
0001
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/ 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
• 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 or permits have been obtained.
Should a firearm be found with any person who is not in possession of a permit of authorisation as stipulated in the abovementioned control measures, the police will be obliged to confiscate the firearm and ultimately arrest the person in possession thereof.
The Randfontein FRC invites any person who is unsure about the stipulations to contact them with enquiries regarding the issue. They will assist in the application, and/ or provide guidance to ensure compliance. They can be contacted on 011 767 2310/ 2312/ 2314/ 2315/ 2344.
Do you perhaps have more information pertaining to this story? Email us at randfonteinherald@caxton.co.za (remember to include your contact details) or phone us on 011 693 3671.
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