Firearms are strictly regulated under the Firearms Act 2015 (SA), which governs their possession, transfer, and disposal. Upon the death of a firearm owner, these items cannot be legally transferred or held without proper authorisation.
If you pass away without a valid will or clear instructions, your firearms may be seized or disposed of under South Australia's laws of intestacy. This can lead to delays, legal complications, or even penalties for unlicensed possession.
However, the Firearms Act 2015 provides a specific exemption for executors or administrators of a deceased estate. They may temporarily possess firearms without a licence, provided they:
- Notify the Registrar in writing within 28 days of coming into possession of the firearm.
- Ensure the firearm is stored and transported in accordance with the Act’s safety requirements.
- Dispose of the firearm within 28 days to an authorised person or surrender it to the Registrar
Including firearms in your estate plan ensures they are handled legally, safely, and in accordance with your wishes.
Why estate planning matters for firearm owners
- Firearms are regulated under the Firearms Act 2015 and cannotbe transferred or possessed without proper authorisation.
- If you die without a valid will, your firearms may be seized or disposed of under laws of intestacy in SA.
- Including firearms in your estate plan ensures they are transferred legally and safely to a nominated person or disposed of appropriately.
Key steps for firearm estate planning
- Clearly specify who should inherit or manage your firearms.
- Appoint an executor who understands the legal obligations around firearm possession and transfer.
- Consider legal advice to ensure your will complies with the Succession Act 2023
2. Nominate a responsible person
- The person receiving your firearms must hold a valid firearms licence.
- If no suitable person is nominated, the firearms may need to be surrendered to SAPOL or a licensed dealer.
3. Include firearms in your asset list
- List all registered firearms and their serial numbers.
- Record details of their storage location including access information (e.g. keys or safe password to the firearm safe) ensuring the access information is not visible prior to your death.
- Include any ammunition or accessories that may also be regulated.
- Provide instructions on how to contact the SAPOL Firearms Branch.
- Ensure they understand the process for transferring or surrendering firearms. Refer to Purchasing and Registering a Firearm for more information.
Legal exemption for executors and administrators
Executors or administrators of a deceased estate are not in breach of the Firearms Act when they come into possession of a firearm, provided they:
- Notify the Registrar in writing within 28 days, using the approved form, with details of the firearm and how it came into their possession.
- Comply with legal requirements for safe transport and storage of the firearm.
- Dispose of the firearm within 28 days - either by transferring it to an authorised person or surrendering it to the Registrar. .
Who is an Authorised Person?
An authorised person under the Firearms Act 2015 (SA) is legally permitted to possess, transfer, or dispose of firearms. This includes:
- Licensed firearm holders - individuals who are appropriately authorised under a current firearms licence issued by SAPOL.
- Other authorised entities - such as museums or organisations with specific exemptions or permits under the Act.
- Licensed firearms dealers - businesses or individuals authorised to buy, sell, and manage firearms.
- SAPOL (South Australia Police)
This exemption allows executors and administrators to manage firearms responsibly during estate administration without needing a firearms licence, provided all conditions are met.
What happens if you don’t plan?
- Firearms may be seized and held by SAPOL until legal ownership is resolved.
- Unlicensed possession - even temporarily can result in penalties.
- Executors may face delays or legal complications without clear instructions.
Transferring firearms from deceased estates
The only person who can authorise the transfer of firearms belonging to deceased licence holders is the Executor or Administrator of the deceased estate.