Transferring gun ownership after death runs through the executor of the estate, who must secure every firearm, verify that each intended heir is legally allowed to possess one, and then move the guns using the process that matches the firearm type and the heir’s location. Standard rifles, shotguns, and handguns usually transfer directly to a named beneficiary. Items regulated under the National Firearms Act require ATF approval on Form 5 before the heir takes possession. Getting any of this wrong can expose the executor or the beneficiary to felony charges, so the steps below matter.
Secure the Firearms Before Doing Anything Else
The executor’s first job is physical control. Lock every firearm in the deceased’s existing safe or move them to another secure location so no one else in the household can access them. For items registered under the National Firearms Act, the executor can legally hold them during probate; that possession is not treated as a “transfer” under federal law.1ATF eRegulations. 27 CFR 479.90a Estates Some states impose specific storage requirements, so check local law before choosing where to keep them.
Once the guns are secure, find the will, trust, or other estate planning documents that name recipients. If the deceased used a gun trust for NFA items, that trust controls those specific weapons. Everything else follows the will, and if there is no will, state intestate succession laws determine who inherits.
Check Whether the Heir Is a Prohibited Person
Before handing any firearm to any beneficiary, the executor must confirm the heir is not barred from possessing firearms under federal law. The Gun Control Act, 18 U.S.C. ยง 922(g), disqualifies:
- Anyone convicted of a crime punishable by more than one year in prison
- Anyone currently fleeing from justice
- Anyone who unlawfully uses or is addicted to a controlled substance
- Anyone found mentally defective by a court or committed to a mental institution
- Anyone discharged from the military under dishonorable conditions
- Anyone convicted of a misdemeanor crime of domestic violence
- Anyone subject to a court order restraining them from harassing or threatening an intimate partner or child
- Anyone who has renounced U.S. citizenship
- Anyone unlawfully present in the United States2Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Identify Prohibited Persons
If a named beneficiary falls into any of these categories, the executor cannot deliver the firearm. The usual workaround is to sell the gun through a licensed dealer and pass the cash proceeds to that heir.
Knowingly helping a prohibited person obtain a firearm is a federal straw purchase offense. Penalties can reach 15 years in prison and a $250,000 fine, climbing to 25 years if the firearm is later used in a felony, terrorism, or drug trafficking.3Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Don’t Lie for the Other Guy If you know or reasonably suspect an heir is prohibited, do not transfer the firearm.
Transferring Standard Firearms Within the Same State
When the beneficiary lives in the same state as the estate, federal law does not require the executor to use a licensed dealer. The executor can deliver the firearm directly to the beneficiary.
State law is the wrinkle. A growing number of states require all firearm transfers, including inheritances, to run through a Federal Firearms Licensee who conducts a background check. The executor has to check the laws of the state where the transfer happens. FFL fees for this kind of transfer typically fall between $25 and $75.
Even where the law doesn’t require paperwork, create some. A signed document listing the date, both parties’ names and addresses, and the firearm’s make, model, and serial number protects everyone if questions come up later.
Transferring Standard Firearms Across State Lines
This is where a lot of guides get the law wrong. Federal law does not require an FFL to transfer a firearm to an out-of-state beneficiary who inherits it through a will or intestate succession. Two provisions of the Gun Control Act create explicit inheritance exceptions. The rule against transferring a firearm to an out-of-state person does not apply when the transfer carries out a bequest or intestate succession, provided the recipient can legally possess the firearm in their home state. The parallel rule against receiving a firearm acquired outside your home state carries the same inheritance exception.4Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
Two caveats. First, the beneficiary must be allowed to possess that specific type of firearm in their home state. If the inherited gun is an AR-15 and the heir lives in a state that bans them, the federal exception does not override that state’s ban. Second, the destination state may separately require dealer involvement for any incoming firearm transfer. Confirm the destination state’s rules before shipping anything.
The inheritance exception applies only to beneficiaries. If the executor sells a firearm from the estate to someone who is not an heir, that is a regular sale, and an out-of-state buyer must receive it through an FFL in their state.
Shipping the Firearm
Federal law lets non-licensees ship long guns (rifles and shotguns) through the U.S. Postal Service, but handguns cannot go through USPS. UPS and FedEx accept both, subject to their own rules.
UPS requires that packages containing firearms carry no labeling identifying the contents; the shipper’s and recipient’s names on the label must be non-descriptive, meaning no business names that reference guns or ammunition. Firearms can only be tendered through a scheduled or on-call UPS pickup, and are not eligible for delivery rerouting or UPS Access Point drop-off.5UPS – United States. How To Ship Firearms FedEx imposes similar restrictions. Check the carrier’s current policy before packing.
If state law does require dealer involvement, the executor ships the firearm to an FFL in the beneficiary’s state. The heir then visits that dealer in person, completes ATF Form 4473, and undergoes a background check through the National Instant Criminal Background Check System.6Bureau of Alcohol, Tobacco, Firearms and Explosives. Firearms Transaction Record – ATF Form 44737Federal Bureau of Investigation. Firearms Checks (NICS) Only after a “proceed” from NICS, or after the statutory waiting period expires, can the beneficiary leave with the firearm.
NFA Items: Silencers, Machine Guns, and Short-Barreled Firearms
The National Firearms Act covers machine guns, silencers, short-barreled rifles (barrels under 16 inches), short-barreled shotguns (barrels under 18 inches), destructive devices, and a catch-all category of concealable weapons called “any other weapons.”8Office of the Law Revision Counsel. 26 U.S. Code 5845 – Definitions These items require ATF approval before the heir can take possession.
The executor files ATF Form 5, the Application for Tax Exempt Transfer and Registration of Firearm, to register the item to the new owner.9Bureau of Alcohol, Tobacco, Firearms and Explosives. Application for Tax Exempt Transfer and Registration of Firearm (ATF Form 5) The submission must include a copy of the death certificate, the will or trust document, and the heir’s fingerprints on FBI Form FD-258. The law enforcement certification section does not need to be completed for distributions to lawful heirs.10ATF. NFA Handbook – Chapter 9 – Transfers of NFA Firearms
Form 5 is tax-exempt. Normal NFA transfers on Form 4 carry a $200 transfer tax for machine guns and destructive devices,11Office of the Law Revision Counsel. 26 USC 5811 – Transfer Tax but inheritance transfers to beneficiaries skip it. Once the ATF approves the form, the physical transfer must happen immediately.
Processing is currently fast. As of January 2026, the ATF reports an average of one day for electronic Form 5 filings and seven days for paper submissions.12Bureau of Alcohol, Tobacco, Firearms and Explosives. Current Processing Times
When the NFA Item Is Held in a Gun Trust
If the deceased held NFA items in a gun trust, those items do not pass through probate. The trust document controls, and a successor trustee named in the trust takes over management. Distribution to a beneficiary still runs on Form 5, but when a trust is the transferee, fingerprint, photograph, and law enforcement certification requirements do not apply to the trust entity itself. The form must include the trust’s full legal name, address, and a complete copy of the trust document.10ATF. NFA Handbook – Chapter 9 – Transfers of NFA Firearms
When No Heir Wants the NFA Item
If no beneficiary wants a registered NFA firearm, the executor can sell or transfer it outside the estate, but the tax-exempt Form 5 no longer applies. That transfer uses ATF Form 4, the buyer pays the transfer tax, and the full NFA approval process runs.1ATF eRegulations. 27 CFR 479.90a Estates The ATF will deny a Form 4 that tries to transfer an NFA item to a non-licensee living outside the state where the estate is being administered, so an out-of-state buyer would have to be an FFL or other licensee.10ATF. NFA Handbook – Chapter 9 – Transfers of NFA Firearms
Unregistered NFA Items in the Estate
Sometimes an executor opens a safe and finds a short-barreled rifle, a suppressor, or another NFA item that was never registered. Unregistered NFA firearms are contraband. They cannot be registered after the fact, and they cannot be transferred to a beneficiary.13Bureau of Alcohol, Tobacco, Firearms and Explosives. Transfers of National Firearms Act Firearms in Decedents’ Estates Contact the local ATF field office to arrange abandonment. Trying to keep, sell, or transfer an unregistered NFA firearm is a federal felony.
Antique Firearms Sit Outside These Rules
Firearms manufactured in or before 1898 fall outside the federal definition of “firearm” under the Gun Control Act. The exemption also covers replicas of pre-1899 guns that do not use modern fixed ammunition, and muzzle-loading black powder firearms that cannot accept fixed cartridges.14Legal Information Institute. Definition: Antique Firearm from 18 USC 921(a)(16) The federal transfer rules discussed above do not apply. No FFL, no Form 4473, no background check under federal law. Antiques can carry serious collector value, so document them in the estate inventory and have them appraised. Some states regulate antiques more strictly than federal law does, so verify local rules before handing one over.
When There Is No Will
If the deceased left no will or trust naming firearm recipients, the guns pass through intestate succession like any other personal property. Each state sets its own hierarchy of heirs, generally starting with a surviving spouse and children, then parents, siblings, and more distant relatives. The probate court appoints a personal representative to administer the estate.
The federal inheritance exceptions for interstate transfers apply to firearms acquired by intestate succession, not only those passed by a specific bequest.4Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts The prohibited-person checks and the Form 5 process for NFA items work the same way. The only difference is that the personal representative follows the state’s intestacy statute rather than a document the deceased wrote.
If no legal heir can be located, the firearms become part of the estate’s residual assets. The personal representative can sell them through an FFL and deposit the proceeds into the estate, which eventually escheats to the state if no heir surfaces.
Valuing Firearms for the Estate Inventory
Every firearm needs a fair market value for the probate inventory, and for estate tax purposes if the estate is large enough. For common production models in standard condition, published pricing guides offer a reasonable baseline. Rare, collectible, or high-value firearms deserve a professional appraisal from a qualified firearms appraiser.
The IRS requires a qualified appraisal for donated property, including collectibles like firearms, when the claimed deduction exceeds $5,000.15Internal Revenue Service. Publication 561 Determining the Value of Donated Property That threshold applies to charitable donations rather than estate inventories, but it is a useful benchmark: once a collection likely tops a few thousand dollars, a formal appraisal protects the executor against disputes with heirs or the IRS. Large collections and historically significant pieces should be professionally appraised regardless of whether the estate hits the federal estate tax threshold.