What to Do with Guns When Someone Dies: Executor's Legal Guide

Secure Them Immediately

Before worrying about legal transfers, the first priority is physical safety. Do not assume you are authorized or equipped to handle, unload, move, or transport a firearm just because you are family or an executor. Keep others away and contact the local firearms licensing authority, law enforcement, or a qualified Federal Firearms Licensee (FFL) for safe handling instructions. Once a qualified person can lawfully inspect it, record the serial number, make, model, and caliber for the estate inventory.

Do not hand firearms to family members, no matter how eager they are. Transferring a firearm to someone without following the correct legal process can result in a felony — for both parties.

US Federal Rules: What Executors Can and Cannot Do

Executor Possession

Federal regulations allow an executor to possess an NFA firearm registered to a decedent during probate without that possession being treated as a transfer (27 C.F.R. § 479.90a). For other firearms, state and local possession rules apply. Verify that you are legally allowed to possess each firearm; do not assume your own license automatically covers inherited weapons. Resolve the transfer or disposal during estate administration rather than keeping them indefinitely.

Same-State Transfers

If the intended beneficiary lives in the same state as the deceased, federal law generally permits an intrastate transfer to a person who is not prohibited from possessing firearms, but state rules may add licensing, registration, or background-check requirements. For example, Massachusetts requires a beneficiary to hold a valid License to Carry (LTC) or Firearms Identification (FID) card and to log the transfer through the state portal within 180 days. Check the state's current requirements before transferring anything.

Interstate Transfers

Ordinary interstate transfers generally go through an FFL in the recipient's state, but federal regulations provide an exception for a lawful bequest or acquisition by intestate succession. Even when that federal exception applies, the recipient must be allowed to acquire and possess the firearm under the laws of their state. Confirm the applicable state requirements before transferring or transporting the firearm; if an FFL is involved, ask that dealer about its fee.

NFA Items (Suppressors, Short-Barreled Rifles, Machine Guns)

National Firearms Act items require special handling. The executor must file ATF Form 5 (Application for Tax Exempt Transfer and Registration of Firearm) to register the transfer to a qualified beneficiary. The normal $200 NFA tax is waived for inheritance transfers.

Critical: if an unregistered NFA item is found in the estate, it cannot be registered retroactively. Contact the local ATF office for instructions on abandoning it. Possessing an unregistered NFA item violates federal law; there is no executor exception for unregistered items.

Prohibited Persons

A beneficiary cannot inherit a firearm if they are a prohibited person under federal law (felony conviction, domestic violence conviction, involuntary commitment, etc.). If the intended heir is prohibited, the executor must sell or transfer the firearm to a legal recipient through an FFL, or surrender it to law enforcement.

Canada: RCMP Form 6016

Canadian executors face a different regulatory framework:

• File RCMP Form 6016 (Declaration of Authority to Act on Behalf of an Estate) with the Canadian Firearms Program, along with the death certificate or letters of probate
• Executors may possess estate firearms temporarily during administration, even without a personal firearms license
• Beneficiaries must hold a valid PAL (Possession and Acquisition Licence) with the correct classification — Non-Restricted, Restricted, or Prohibited
• Prohibited handguns can only be inherited if manufactured before 1946, registered in Canada before December 1, 1998, and the heir holds a 12(7) licence notation
• Disposal options if no qualified heir exists: sell to a licensed dealer, export with a permit from Global Affairs Canada, deactivate through an approved gunsmith, or surrender to police for destruction

United Kingdom: Section 7 Temporary Permit

Possessing a firearm or shotgun without a valid certificate is a strict liability criminal offense in the UK — there is no executor grace period built into the law.

• Apply immediately to the local police Firearms Licensing Department for a Temporary Permit under Section 7 of the Firearms Act 1968. The permit is free and typically valid for three months.
• Secure the gun cabinet keys — disclosing their location to anyone not authorized to possess the firearms is a criminal offense
• Section 2 shotguns can be transferred to any valid shotgun certificate holder
• Section 1 firearms can only go to a certificate holder with an open slot for that specific caliber and type
• All transfers must be reported to police within seven days

What Not to Do

• Don't assume your own gun license covers inherited firearms. It may not, especially for handguns in restricted states or NFA items.
• Don't "gift" firearms informally to avoid paperwork. This is how people accidentally commit federal crimes.
• Don't store estate firearms indefinitely. Courts expect executors to resolve firearm distributions within a reasonable timeframe.
• Don't sell estate firearms at a garage sale or estate sale. All sales must comply with federal and state transfer requirements.

The Estate Clearing System includes a firearm transfer log and jurisdiction-specific decision trees covering US ATF, UK Section 7, and Canada RCMP pathways — so you follow the right process for every weapon in the estate.