What is what to do with a gun when owner dies?

When a gun owner passes away, several legal and practical steps need to be taken to handle their firearms responsibly and lawfully. Here's a breakdown:

• Secure the Firearms: The immediate priority is to secure the firearm to prevent unauthorized access or theft. This might involve moving the gun to a safe location, locking it in a safe, or entrusting it to a trusted individual.

• Determine Legal Requirements: Laws regarding firearm inheritance vary significantly by state and sometimes even by locality. Consult with an attorney specializing in firearms law or probate law to understand the specific requirements in your jurisdiction. This includes understanding rules around transfer laws for firearms.

• Inventory and Documentation: Create a detailed inventory of all firearms, including serial numbers, makes, and models. This inventory will be crucial for probate and any potential transfers.

• Probate Process: Firearms typically become part of the deceased's estate and are subject to the probate process. The executor or administrator of the estate is responsible for managing the firearms according to the law and the deceased's wishes (if specified in a will).

• Legal Transfer or Sale: Depending on the laws and the wishes of the deceased (or their heirs), firearms may be:

  • Transferred to a Legal Heir: If a beneficiary is legally permitted to own firearms, the firearm can be transferred to them after complying with all applicable background checks and transfer procedures. Federal law and state laws govern who can legally own a firearm.
  • Sold to a Licensed Dealer: Firearms can be sold through a licensed firearms dealer, who will handle the necessary background checks and paperwork.
  • Surrendered to Law Enforcement: In some cases, the family may choose to surrender the firearms to law enforcement for destruction.

• Inherited Firearms and Permits: If the heir does not have the permits to own firearms, they will likely need to acquire the necessary firearm permits before taking possession.

• Out-of-State Transfers: If the beneficiary lives in a different state, additional federal regulations may apply. Generally, the firearm needs to be transferred to a licensed dealer in the beneficiary's state for the final transfer.

• NFA Items: Firearms regulated under the National Firearms Act (NFA), such as machine guns or suppressors, require specific transfer procedures approved by the ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives). This usually involves a lengthy application process and transfer tax. Ensure to follow ATF regulations

• Safe Storage: Regardless of whether the firearms are being transferred or stored, they should be kept in a secure location, unloaded, and separate from ammunition, especially if there are children or unauthorized individuals present.

• Ammunition Disposal: Safely dispose of any ammunition. Local law enforcement can often provide guidance on proper disposal methods.