What do you need to know if you want to own a firearm
In South Africa, owning a gun is a highly regulated process. The primary legislation governing this is the Firearms Control Act 60 of 2000 (FCA). The law treats firearm ownership as a privilege, not a right, and follows a two-stage application process: first for your personal competency, and then for the specific firearm license.
1. Requirements: Are You Eligible?
Before starting the paperwork, you must meet these basic criteria:
Age: You must be at least 21 years old (exceptions exist for dedicated hunters or sport shooters).
Status: You must be a South African citizen or a permanent resident.
Fitness: You must be "fit and proper," meaning you are mentally stable, have no history of violence or substance abuse, and have a clean criminal record (specifically regarding violent crimes or those involving firearms).
2. Phase 1: Obtaining a Competency Certificate
You cannot apply for a gun license until you have a Competency Certificate.
Proficiency Training: You must attend a training session with an accredited training provider.
You will study the Firearms Control Act (Unit Standard 117705) and the specific category of firearm you want (Handgun, Shotgun, Manually Operated Rifle, or Self-Loading Rifle).
You must pass both a written "open-book" exam and a practical shooting test.
SAPS Application: Once you have your Proficiency Certificate from the training center, you apply to the South African Police Service (SAPS) using form SAPS 517.
The Check: The police will take your fingerprints, conduct a background check, and interview references (usually friends or family) to ensure you are fit to own a weapon.
3. Phase 2: Applying for the Firearm License
Once your competency is approved, you can apply for the license itself (form SAPS 271).
Buy the Firearm: You must first purchase a firearm from a dealer (or private seller). The dealer will keep it in their safe; you cannot take it home yet.
The Motivation: This is the most critical part. You must provide a written motivation explaining why you need the gun (e.g., self-defense, occasional hunting, or dedicated sport shooting).
Safe Inspection: You are required by law to have an SABS-approved safe bolted to a floor or wall. A police official (Designated Firearms Officer or DFO) will visit your home to inspect the safe before the license is granted.
Expired License
In the past, an expired license meant you were in "unlawful possession" and had to hand the gun in for destruction. This is no longer the case. Following the Fidelity Constitutional Court ruling, you can now apply for a New License for an expired gun.
Form: You do not use the renewal form. You must use the SAPS 271 (Application for a New License).
Crucial Step: You must have a valid Competency Certificate. If your competency has also expired, you must apply to renew that (SAPS 517g) before or at the same time as the firearm application.
The Procedure:
Take the firearm to your local Designated Firearms Officer (DFO).
The DFO will conduct an inspection to verify the serial numbers and details.
You submit the SAPS 271 with a full motivation (explaining why you need the firearm, just like a first-time application).
You are usually allowed to take the firearm back home to your safe while the application is processed, but you cannot use it until the new license is issued.
Key Reminders
Check your Competency: A firearm license is only valid if your Competency Certificate is valid. Check the expiry date on your competency card first.
The 90-Day Rule: If you submit your renewal at least 90 days before it expires, the old license remains legally valid until the police give you an answer, even if the date on the card passes.
Deceased Estate Firearms
Dealing with firearms in a deceased estate is a sensitive legal process in South Africa, governed by Section 147 of the Firearms Control Act (FCA). The most important rule to remember is that firearms do not automatically become the property of the heirs.
Here is the step-by-step procedure to handle this legally and safely.
1. Immediate Custody & Safety
As soon as the license holder passes away, the firearm must be secured.
The Executor's Role: The appointed Executor of the estate is legally responsible for the firearms. They must ensure the weapons are kept in an SABS-approved safe.
If you aren't the Executor: You cannot simply take the gun. If the Executor doesn't have a safe, they can issue a Letter of Consent to a licensed heir to store it, or move it to a licensed firearm dealer for "safe custody" storage (usually for a monthly fee).
Notification: Within 14 days of being appointed, the Executor must notify the Central Firearms Register (CFR) of the death and provide an inventory of the firearms and ammunition.
2. The Four Legal Options for Heirs
Once the estate is being processed, the heirs or the Executor must choose one of these four paths:
Option A: Apply to Keep the Firearm (Inheritance)
If you want to own the gun, you must follow the standard licensing process:
Obtain a Competency Certificate (if you don't already have one).
Complete SAPS 271 (Application for a New License).
Include a Letter of Executorship and a letter from the Executor confirming you are the rightful heir.
Important: You can only take possession of the gun once the new license is physically in your hands.
Option B: Sell the Firearm
The estate can sell the gun to a third party or a licensed dealer.
To a Dealer: This is the fastest way to remove the legal burden from the estate. The dealer takes the gun into their stock, and the estate receives the payment.
To a Private Person: The buyer must apply for a license using the same process as an heir. The gun remains in safe storage until their license is approved.
Option C: Deactivate the Firearm
If the gun has sentimental value (e.g., your father’s hunting rifle) but you don't want to license it for use:
You must take it to a licensed gunsmith.
The gunsmith will "plug" or disable the weapon so it can never fire again and issue a Deactivation Certificate.
Once deactivated, it is no longer considered a "firearm" under the Act and can be kept as a wall hanger or memento.
Option D: Surrender for Destruction
If no one wants the firearm, the Executor can hand it over to the SAPS for destruction.
You will need to complete form SAPS 522(a) (Surrender of Firearm).
Ensure you get a receipt (SAPS 13 reference) as proof that the estate is no longer responsible for that weapon.
3. Required Documents for the Executor
To finalize the estate, the Executor will need:
A certified copy of the Death Certificate.
A certified copy of the Letters of Executorship.
A copy of the deceased’s firearm license (if available).
Certified ID copies of the Executor and the intended heir.