Deceased Estates
As a beneficiary will I need to obtain a Permit to Acquire (PTA)?
Where a person acquires a registered weapon/s or firearm/s as a direct beneficiary of a deceased estate and there is a valid Testamentary Disposition on Laws of Succession (commonly known as a Will), the weapon/s or firearm/s will be transferred/registered to the appropriate licence of the beneficiary without the need for a Permit to Acquire, on production of the appropriate justification.
Click here for further information.
As a beneficiary, what documentation is required to transfer the weapon/s or firearm/s into my possession?
The following documentation is required to enable consideration to be made for the transfer of the weapon/s or firearm/s into your possession:-
- A copy of the Will;
- Written authority from each beneficiary (if applicable)
- A copy of the Death Certificate
- A letter containing/stating –
- that you are the direct beneficiary and your contact details.
- a request to transfer/register weapon/s to your licence providing your licence number
- the full weapon/s details such as serial number, make and calibre
- the licence details of the deceased.
My brother and I are both listed as beneficiaries in the deceased estate, but I am the only one licensed with a valid Queensland weapons licence.
If there is more than one beneficiary written authority from each beneficiary must be obtained stating there is no objection to you registering the deceased’s weapon/s or firearm/s to your licence.
Refer to above listed documentation also required to transfer the weapon/s or firearm/s onto your licence.
I am a beneficiary and have been willed a registered weapon/s or firearm/s but I don’t have a valid Queensland weapons licence?
You will be required to make an application for a licence before taking possession of the weapon/s or firearm/s.
Whilst waiting for the result of the application, the weapon/s or firearm/s will have to be placed in temporary possession of a licensed person, dealer or police station.
If you elect to place the weapon/s or firearm/s into temporary possession of another licensed person the Weapons Act 1990 states the maximum term that licensed person is able to safekeep the weapon/s or firearm/s is three months.
Click here to obtain further information on obtaining a new licence.
[Forms] to obtain an application form
[Fees]
I have been bequeathed/willed a firearm/weapon but my weapons licence has not been endorsed for this category, what can I do?
If you are not licensed for the category of firearm/weapon being bequeathed to you, you will need to make application for this category to be added to your licence by completing a Form 4B – Change of weapons category and/or Change of condition(s) of licence.
For the addition of a category you will need to provide evidence that you have completed a safety training course for that category of firearm once approval has been granted by the Authorised Officer. Section 74(3) of the Weapons Regulation 1996 states the applicable fee for the addition of a category is $8.
Whilst waiting for the result of the application, the weapon/s or firearm/s will have to be placed in temporary possession of a licensed person, dealer or police station.
If you elect to place the weapon/s or firearm/s into temporary possession of another licensed person the Weapons Act 1990 states the maximum term that licensed person is able to safekeep the weapon/s or firearm/s is three months.
Form 4B – Application for change of weapons category/condition(s) of licence, permit or approval
Click here for further information.
I am a direct beneficiary of the estate but I want to give the weapon/s or firearm/s to my relative who is a licensed shooter, what do I need to do?
As the direct beneficiary of the estate, you can elect to transfer the deceased person’s weapon/s or firearm/s to a person from your immediate family.
The following documentation is required to enable consideration to be made for the transfer of the weapon/s or firearm/s into their possession:-
- A copy of the Will;
- Written authority from each beneficiary (if applicable)
- A copy of the Death Certificate
- A letter containing/stating –
- that you are the direct beneficiary and your contact details
- details of the person whom you are transferring the weapon/s or firearm/s to and their licence number
- the full weapon/s details such as serial number, make and calibre
- the licence details of the deceased
I am a direct beneficiary of the estate but I want to give the weapon/s or firearm/s to my relative but they don’t hold a current weapons licence, what do I need to do?
As the direct beneficiary of the estate, you can elect to transfer the deceased person’s weapon/s or firearm/s to a person from your immediate family. If you elect a person who is not licensed or not licensed for the category of weapon/s or firearm/s, they will be required to make an application for a licence or make an application for addition of the category of weapon before taking possession of the weapon/s or firearm/s.
The following documentation is required to enable consideration to be made for the transfer of the weapon/s or firearm/s into their possession:-
- A copy of the Will;
- Written authority from each beneficiary (if applicable)
- A copy of the Death Certificate
- A letter containing/stating –
- that you are the direct beneficiary and your contact details
- details of the person whom you are transferring the weapon/s or firearm/s to
- the full weapon/s details such as serial number, make and calibre
- the licence details of the deceased
Whilst waiting for the result of the application and/or the transfer of weapon/s or firearm/s to the appropriate licence is being completed the weapon/s or firearm/s will have to be placed in temporary possession of a licensed person/s, authorised armourer, dealer or police station.
If you elect to place the weapon/s or firearm/s into temporary possession of another licensed person the Weapons Act 1990 states the maximum term that licensed person is able to safekeep the weapon/s or firearm/s is three months.
Click here to obtain further information on specific licence types and associated genuine reasons for these types of licenses.
[Forms] to obtain an application form
What is an immediate family member?
Section 119A of the Criminal Code Act 1899 states the meaning of family as:-
- Each of the following is a member of a person’s family–
(a) a spouse of the person;
(b) a child of the person;
(c) a parent, grandparent, grandchild or sibling of the person, including–
(i) if the person is an Aboriginal person, a person–
(A) who is recognised under Aboriginal tradition as a member of the Aboriginal person’s family; and
Editor’s note–
Acts Interpretation Act 1954, section 36–
Aboriginal tradition means the body of traditions, observances, customs and beliefs of Aboriginal people generally or of a particular community or group of Aboriginal people, and includes any such traditions, observances, customs and beliefs relating to particular persons, areas, objects or relationships.
(B) with whom the Aboriginal person has a relationship like that between an individual and a parent, grandparent, grandchild or sibling of the individual; or
(ii) if the person is a Torres Strait Islander, a person–
(A) who is recognised under Island custom as a member of the Torres Strait Islander’s family; and
Editor’s note–
Acts Interpretation Act 1954, section 36–
Island custom, known in the Torres Strait as Ailan Kastom, means the body of customs, traditions, observances and beliefs of Torres Strait Islanders generally or of a particular community or group of Torres Strait Islanders, and includes any such customs, traditions, observances and beliefs relating to particular persons, areas, objects or relationships.
(B) with whom the Torres Strait Islander has a relationship like that between an individual and a parent, grandparent, grandchild or sibling of the individual.
(2) For subsection (1)(b)–
(a) a biological, adopted, step or foster child of a person is a child of the person; and
(b) an individual who is under 18 years and ordinarily a member of a person’s household is also a child of the person; and
(c) if a person is an Aboriginal person, an individual who is recognised under Aboriginal tradition as a child of the person is also a child of the person; and
(d) if a person is a Torres Strait Islander, an individual who is recognised under Island custom as a child of the person is also a child of the person.
I am a direct beneficiary of the estate but I want to give the weapon/s or firearm/s to my relative who is a licensed shooter but not an immediate family member, what do I do?
If the nominated person is not considered to be an immediate family member, in addition to the below documentation that is required, the beneficiary is required to provide a letter stating that they wish to have the weapon/s or firearm/s transferred to the nominated person detailing what relationship the person is to them along with the nominated person’s licence details.
- A copy of the Will;
- Written authority from each beneficiary (if applicable)
- A copy of the Death Certificate
- A letter containing/stating –
- that you are the direct beneficiary and your contact details
- details of the person whom you are transferring the weapon/s or firearm/s to and their licence number
- the full weapon/s details such as serial number, make and calibre
- the licence details of the deceased
On receipt of this information, consideration will be given to the request.
The nominated person will need to make application for a permit to acquire for each weapon or firearm and pay the appropriate fee at their local Queensland police station.
Click here for details on how to apply and complete a permit to acquire application.
Deceased person dies intestate (i.e. without a will).
For further clarification regarding intestate, please contact Weapons Licensing on 07 3015 7777.
Deceased person was residing Interstate, how can I have their weapon/s or firearm/s registered to my Queensland licence?
Weapon/s or firearm/s registered on a deceased Interstate licence and coming to Queensland will require a permit to acquire for each weapon or firearm.
It is recommended weapons/ or firearm/s coming from Interstate be placed with a dealer or police station in the home state before being forwarded to a licensed dealer or police station in Queensland for safekeeping pending the result of the permit to acquire application/s.
You will need to supply a copy of the Registration Certification from Interstate as proof that the weapon/s or firearm/s was registered Interstate.
It is recommended if the weapon/s or firearm/s are being held Interstate contact should be made with the Firearms Registry in that State in order to ensure that the arrangements made to transfer are lawful.
Click here for further information.
Click here for details of Interstate Registries.
Click here for details on how to apply and complete a permit to acquire application.
Deceased person was not licensed for firearm/s or weapon/s however, upon checking the estate firearm/s or weapon/s has been located. How can the weapon/s or firearm/s be registered to my licence?
As the weapon/s or firearm/s is unregistered they will need to be surrendered to either your local Queensland police station or a licensed firearms dealer.
You will then be required to lodge an application for a permit to acquire for each weapon or firearm.
Click here for details on how to apply and complete a permit to acquire application.
