Inheriting Firearms After a Death

What does federal law require?

Federal law allows a lawful heir to inherit firearms without a background check, as long as the transfer stays within the same state and the heir is not a prohibited person. Interstate transfers (the deceased lived in a different state than the heir) must go through a Federal Firearms License (FFL) dealer in the heir's state of residence.

The Gun Control Act of 1968 specifically permits the transfer of firearms through a will or state intestate succession laws. But it does not exempt transfers from state-level requirements, and it does not apply to people prohibited from owning firearms under federal law.

You are a prohibited person under federal law if any of the following apply:

• Convicted of a felony or certain domestic violence misdemeanors
• Under a domestic violence restraining order
• Adjudicated as "mentally defective" or committed to a mental institution
• An unlawful user of controlled substances
• A non-citizen without legal permanent resident status

If you are prohibited from possessing firearms, you cannot inherit them regardless of what the will says. The executor must arrange for the firearms to be transferred to another eligible person, sold through an FFL, or surrendered to law enforcement.

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How do you handle NFA items?

NFA items include silencers (suppressors), short-barreled rifles (SBRs), short-barreled shotguns, and machine guns. These are regulated under the National Firearms Act and have additional transfer requirements beyond standard firearms.

To inherit an NFA item, the heir must file ATF Form 5 (Application for Tax Exempt Transfer and Registration of Firearm). The $200 transfer tax that normally applies to NFA transfers is waived for lawful heirs.

The Form 5 application requires:

1. A copy of the death certificate
2. A copy of the will naming the heir (or proof of intestate inheritance rights)
3. Confirmation that the heir is legally eligible to possess NFA items under federal, state, and local law

The ATF must approve the transfer before the heir can take physical possession of the item. Start this process early in probate, because approval can take several months.

If an NFA item was held in a gun trust, the trust continues to own the item after the owner dies. The successor trustee manages the trust assets, and beneficiaries named in the trust may be able to take possession more quickly. To transfer the item out of the trust to an individual, a Form 5 filing is still required.

If you find an unregistered NFA item (one that is not in the National Firearms Registration and Transfer Record), it is considered contraband. It cannot be legally inherited or registered after the fact. Contact your local ATF office to arrange for its surrender. Do not attempt to keep or transfer an unregistered NFA item.

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Which states have additional requirements?

Federal law sets the floor, but many states add their own rules for inherited firearms. Requirements generally fall into three categories: permits, registration, and background checks.

State	Key Requirements
California	Inherited firearms must be registered with the state Department of Justice within 30 days. Certain "assault weapons" cannot be inherited and must be surrendered within 90 days.
Connecticut	A pistol permit is required for inherited handguns. All transfers require registration.
Hawaii	All firearms must be registered within 5 days. A permit is required for handgun ownership.
Illinois	The heir must obtain a Firearm Owner's Identification (FOID) card before taking possession.
Michigan	Inherited handguns must be reported through the Pistol Sales Record Form. The heir needs a license to purchase or a valid Concealed Pistol License within 30 days of taking possession.
New York	A license is required for handgun ownership.
Colorado, Delaware, Nevada	Background checks required for all firearm transfers, including inheritance.
Washington	Inherited pistols must be transferred through an FFL or reported to the Department of Licensing within 60 days.

Many states have no additional requirements beyond federal law for inherited firearms. If you are unsure about your state's rules, contact a local FFL dealer or a firearms attorney. They handle these transfers regularly and can tell you exactly what is required.

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What if you don't want the firearms?

You are under no obligation to keep inherited firearms. There are several ways to get rid of them legally.

Surrender to law enforcement. Call your local police department or county sheriff's office and ask about their firearm surrender process. Do not show up at a police station with a firearm unannounced. Most departments will schedule a time and provide instructions for safe transport.

Sell through a licensed dealer. An FFL dealer will handle the background check and paperwork for the buyer. Dealers typically offer a direct purchase (often below market value but quick) or consignment, where they sell the firearm on your behalf and take a commission.

Auction. For collectible, antique, or high-value firearms, a firearms auction house can appraise and sell them to collectors. They take a commission from the sale but typically get better prices than a dealer buyout.

Gun buyback programs. Many cities and counties run periodic buyback events where you can surrender firearms anonymously, often for gift cards. Compensation varies by location and firearm type, typically $100 to $200 per firearm.

Donate. Some nonprofit organizations accept firearm donations for legitimate purposes. Make sure any transfer complies with federal and state laws.

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How should firearms be stored during probate?

The executor is responsible for securing all firearms in the estate immediately after the death. Unsecured firearms create liability issues and are a theft target, especially in an unoccupied home.

Store all firearms unloaded, in a locked container (a gun safe or locked cabinet), and keep ammunition stored separately. If the home does not have a gun safe, consider purchasing a lockable gun case or moving the firearms to a secure location.

If the executor is prohibited from possessing firearms (due to a felony conviction or other disqualifying factor), or is simply uncomfortable handling them, do not take physical custody. Instead:

• Ask an FFL dealer to provide temporary storage. Many dealers offer this service, especially for estate firearms. They can document the inventory and store them securely until the probate process determines who receives them.
• Ask a trusted, legally eligible family member to secure them temporarily.

The executor should create a detailed inventory of all firearms, including make, model, serial number, and condition. This inventory is part of the estate's asset documentation and may be required by the probate court.

For more on executor responsibilities and the broader process of transferring property after a death, see our related guides.

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This guide is for informational purposes only and does not constitute legal, financial, or tax advice. Consult a qualified professional for advice specific to your situation.

Last reviewed: 2026-03-21