Many gun owners plan to pass on their firearms collection to the next generation, but this can be a complicated process. The last thing you want is to make things difficult for your surviving family members, especially since they might end up inadvertently breaking the law.
Industry experts like 2atrusts.com will often say that gun ownership has many legal pitfalls to watch out for, and this is especially true when it comes to transferring ownership. What do you need to know about gun inheritances?
Issues Surrounding Firearms Inheritance
First off, the new owner must be eligible to possess firearms – felons and convicted domestic abusers obviously cannot inherit your collection. They also have to verify that you registered the guns properly, apply for a permit, and go through a long transfer process – especially if the guns wind up in probate. A law enforcement officer will have to sign off on the transfer, but may refuse to do so.
Even transporting the guns to their new owners can be difficult. It is illegal to mail firearms, so the most practical solution here would be for the executor to give the gun to a dealer. The latter will then mail the gun to a dealer in the inheritor’s city, who will then check to see if the recipient’s paperwork is in order.
Why You Should Set Up a Gun Trust
Using a gun trust is the easiest answer to most gun transfer problems, and is a requirement if you are passing on NFA regulated firearms. It allows you to keep the guns out of probate, and makes a CLEO signature unnecessary. Your inheritors will also not have to pay the transfer tax, file the form, or get their fingerprints and picture taken.
Don’t leave it to your family to navigate the complex legal issues surrounding gun inheritance. By setting up a trust, you can ensure that your firearms go to their new owners legally and with minimal trouble on the recipient’s end.