Chatsworth police warns of illegal firearm ownership

Chatsworth SAPS is advising the public, who are in possession of firearms, especially those owned by now-deceased family members, to pay heed to the below advice and corresponding case.

Communications officer of Chatsworth SAPS, Cpt Cheryl Pillay, said that on May 13, police responded to a complaint of domestic violence in Woodhurst, where they were informed that one of the family members was in possession of a firearm.

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“Upon investigation, police established that the person was unlawfully in possession of a firearm.  Police established that the firearm, a CZ pistol, belonged to a deceased member of the family. Police also recovered a magazine and 73 rounds of ammunition. On May 15, a 33-year-old man appeared in the Chatsworth Magistrates Court, where he was released on bail until his next court appearance. Chatsworth police are informing the public of the Firearms Controls Act – Act 60 of 2000. If you are in possession of a firearm which belonged to a deceased firearm owner and that particular firearm was not legally licensed in the executor’s name, you are in possession of an illegal firearm which you can be held criminally liable. If you have inherited a firearm from a deceased family member, the onus rests upon you to ensure compliance in terms of the Firearms Controls Act. In the event of the death of a firearm owner, the nominated executor/ heir in the will of the deceased has an obligation to ensure that the deceased’s estate has been wound up at the Master’s High Court. If the executor decides to apply for ownership of the deceased firearm, he or she must ensure that the said firearm is stored at a licensed gun dealer at his or her own storage cost until the licence is finally in his or her name. If the executor decides not to apply for the firearm licence or has no intentions thereof, he or she must surrender the said firearm to the local SAPS for destruction,” said Cpt Pillay. 

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Police advise such persons with regard to the disposal of firearms in insolvent or deceased estates as stipulated in the act:

1: The Firearms Controls Act, Act 60 of 2000: Prior to the issuing of a letter of executorship by the master, the nominated executor in the will and in the absence of such nominated executor, the heir, next of kin or close relative of a deceased who was the holder of a licence, permit or authorisation in terms of the act, may under authority of a permit issued in terms of section 21 of the act, possess the firearms of the deceased until sub-regulation two takes effect.

2: Subject to the provisions of any other law, any person who under any execution warrant issued by a court of law, or an appointment, 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 possess a firearm or ammunition, must take steps to ensure the safe custody of the firearm and ammunition and store the firearms and ammunition in a storage facility as prescribed in regulation 86: Provided that if an heir of a deceased estate is a holder of a licence, authorisation or permit issued under the act, that heir may 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 custody of the firearm, stating the licence particulars of the deceased and the make, type, calibre of the firearm, as well as every manufacturer’s serial number or additional identification mark that is reflected on the firearm, and a copy of the letter of consent must be filed with the Designated Firearms Officer for the area where the heir resides.

Should you require further information or assistance, contact your local designated firearm officers from the Chatsworth police station, Cpt Kisten on 031 451-4236, W/O Pather or Sgt Newton on 031 451-4331, or Sgt Maran on 031 451-4260.