by Stephen Mainstone
I have received a number of enquiries over the years from people who are concerned about what happens to a family member’s firearms once they die. Those enquiries have come from family members who may be beneficiaries of the deceased estate as well as those persons who have been appointed Executors or Administrators of a Will. This is of particular concern for those Executors or Administrators and beneficiaries who are not licensed to possess firearms.
Section 82A of the Firearms Act 1996 provides that if a person who was licensed to possess firearms dies, the Executor or Administrator of the Will does not commit an offence under Section 7 or 7A of the Act of unauthorised possession of a firearm, provided they comply with the requirements of the section.
The Executor or Administrator must do the following things to be complaint with the section:
- Notify the Commissioner of Police (i.e., the Firearms Registry) as soon as practical of the death of the person,
- Comply with all safekeeping requirements regarding the firearm/s of the deceased person,
- Arrange to have the firearm/s lawfully disposed of.
Lawfully disposing of the firearm/s can be achieved in a number of ways following the granting of probate of the estate, including:
- To a beneficiary of the estate to whom the firearm/s have been bequeathed in the Will, provided that beneficiary is authorised by a licence or permit to possess the firearm/s,
- By sale to another person who is authorised by a licence or permit to possess the firearm/s,
- Through a licensed firearm dealer,
- By surrendering the firearm/s to Police.
Regarding points one and two, above, the Firearms Registry will need to be advised and may require Permits to Acquire so that registration and safe storage addresses for the firearm/s can be updated.
A licensed firearm dealer would also need to comply with their obligations in notifying the Registry upon taking the firearm/s into their possession.
Readers who are Executors or Administrators of a deceased estate need to note carefully that Section 82A does not authorise the use of a firearm. It simply allows possession of the firearm/s whilst the estate is dealt with.
It should also be noted that the section provides a statutory time limit of 6 months following the death of the person for the lawful disposal of the firearm/s.
THE INFORMATION CONTAINED IN THIS ARTICLE IS GENERAL IN NATURE AND SHOULD NOT BE CONSIDERED LEGAL ADVICE.
Should you require legal advice relevant to a particular matter concerning you, it is always advisable to contact a lawyer. Mainstone Lawyers are able to provide legal amailto:info@mainstonelawyers.com.audvice regarding all firearms and other Police related matters.
Contact us via phone (02) 9531 0322
Contact us by email at stephen@mainstonelawyers.com.au
