| Handling and disposal of estate firearms | |
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| Date Published: | 2015/03/25 |
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Media Statement from Mpumalanga Media Centre Nelspruit – Today, 25 March 2015, the Provincial Commissioner of the South African Police Service in Mpumalanga, Lieutenant General (Adv) Mark Dumisa Magadlela, clarifies the point regarding the handling of estate firearms. The reason for this clarification is because many families are not conversant when it comes to estate firearms. Lieutenant General Magadlela said that the public should know that firearms are dangerous hence one must possess a license to own one. In terms of the Provision of the Firearms Control Act, Act 60 of 2000, Section 3 of the Act prohibits any person to possess a firearm without a license, permit or authorization issued under the Act. If a person can be found contravening this law, that particular person will be arrested and languish in jail for a maximum period of 15 years, hence we appeal to the society to surrender illegal firearms or report any person suspected of possessing an illegal firearm. A firearm becomes illegal when it falls into the hands of a person who does not possess a license, permit or authorization, appropriate to keep such a firearm(s). Take note that when the owner of the firearm dies, only the person nominated as a heir of the deceased estate, will temporary be legally to possess the firearm for only safe keeping in a prescribed manner, such as the locking safe and ensuring the control of keys out of reach by other persons. Storage of the Estate firearms The heir of the estate of the deceased, must have an executorship or appointment letter issued by the Estate representative, or Clerk of the Court respectively. The family of the deceased must visit the Police Station in their precinct for advice on how to deal with such a firearm. Any person nominated to take over the ownership of the firearm, must within 30 days from the day the owner dies, start to apply for a competency certificate to possess a firearm. Remember that a competency certificate does not allow a person to carry a firearm, however, it is only a step for one to apply for a license to possess a firearm. Firearms are no more allowed to be taken to Police Stations for safe keeping, however, a permission to store a firearm can be granted to any person of your choice, who owns a firearm(s) for the safe-keeping on your behalf, or arrangements can be made with a Firearm Dealer for that purpose. Permission to store a firearm can be obtained from the Designated Firearm Officer at the nearest Police Station. Disposal of firearm in case of death In terms of regulation 147 of the Firearms Control Act, Act 60 of 2000, a firearm belonging to a deceased person, can be disposed of in four different ways, only if the heir of the deceased estate is not interested in taking the ownership. Here are the options to dispose of such a firearm(s):
Definition of the different disposal mentioned-above Donate the firearm to the next person If the heir of the estate is not interested in taking ownership of the firearm, then he/she can nominate or offer any other person whether family member or any other member in this case but such person must comply with the law. Sell to the Dealer You can make a quotation to sell to a dealer of your choice Surrender the Firearm for destruction purpose to the SAPS Take note that the owner of the surrendered firearm will remain the owner until the firearm is destructed in terms of Regulation 149 of the Act. The firearm will then be assessed by the state whether it is destructible or to be forfeited to the state. If your firearm is forfeited to the state, you can apply for compensation of such a firearm. Apply for the deactivation of firearm with the SAPS If such a firearm is of high sentimental value, the heir of the estate can apply for such a firearm to be deactivated. Deactivation simply means to render the firearm inoperable by the Gunsmith of your choice. As soon as the firearm is deactivated, the Gunsmith will hand the firearm back to you with a certificate confirming the deactivation in terms of the regulation of the Act. The firearm will only be allowed to be displayed and such firearm cannot be carried in possession of any person. Media enquiries: Colonel Leonard Hlathi 082 462 0804 / 082 556 5574
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