Inherited firearms in an estate: notice, safe custody and authority procedure

Section 43(1) WaffG covers Category B or C firearms, war material and prohibited weapons when they are part of a deceased person’s estate. The rule focuses on the items and their custody at the time of inheritance. It therefore applies even if the heir status or the final division of the estate remains disputed.

The category must be clarified for the next steps. Section 43(7) WaffG requires a Category C firearm to be registered under Section 33 WaffG within twelve months from acquiring ownership. War material and prohibited weapons are subject to special limits on later delivery.

The duty to notify lies with the person who has the items in their custody at the time of inheritance. Actual custody is therefore the first point to establish. That person must notify the authority without delay. For war material, the nearest military or security service must be contacted.

For the inheritance dispute, record when the item became known, where it was kept, what information was provided and how the authority responded. Notice does not replace the later review of possession authorisation. It gives the authority the basis for organising custody and any seizure.

Under Section 43(1) WaffG, the authority may arrange seizure or provisional confiscation where appropriate. It may also issue orders needed for safe custody. The measure chosen in a particular matter depends on the circumstances and the authority’s review.

Until the matter is clarified, no one should try the firearm, pass it on independently or change its custody without coordination. Keep the authority’s order, any confirmation of seizure or confiscation and the record of the storage place. This article explains the statutory response and does not provide instructions for handling firearms.

Under Section 43(2)(1) WaffG, a seized or confiscated item is to be delivered to the heir or legatee if that person proves the necessary possession authorisation within twelve months from acquiring ownership. The period therefore starts with acquisition of ownership. That date must be established in a traceable way during the proceedings.

Under Section 43(4) WaffG, an application for the grant or extension of the necessary authorisation for a firearm needs no further justification, unless the item is war material or a prohibited weapon. The period in Section 43(2)(1) runs at least until the application has been decided. Inheritance itself does not automatically replace the required authorisation.

If the heir or legatee is not authorised, Section 43(2)(2) WaffG allows that person to name another person authorised to possess the item. If delivery to an authorised person is impossible or war material had to be destroyed, ownership passes to the federal government under Section 43(3) WaffG. This consequence is separate from the question of who ultimately qualifies as heir or legatee.

Section 43(3) WaffG provides reasonable compensation if the deceased was authorised to possess the item and the heir or legatee requests compensation within twelve months from the transfer of ownership. If the items were not seized or destroyed and no authorisation is granted, Section 43(5) WaffG governs delivery or transfer to a person authorised to acquire such weapons. Category C also has to be registered under Section 33 WaffG within twelve months from acquiring ownership.

Place the will and later additions, the probate file, the inventory and documents concerning the firearm in a chronological record. Useful information includes the make, model, serial number and category if it can be established reliably from existing documents. Add proof of the deceased’s ownership and information about actual custody.

Also arrange the notice, authority letters, confirmations of seizure or confiscation and proof of an authorisation application by date. This makes it possible to review which period runs from which acquisition of ownership and whether delivery, transfer, surrender or a compensation request is at issue.