Do attorneys need an FFL involved for estate firearm transfers?

Best practice is to involve an FFL for documentation, eligibility checks, and federal compliance. This reduces liability for the attorney, the executor, and the heirs, and ensures interstate and sensitive transfers are handled lawfully.

How should firearms be handled during probate to protect chain of custody?

Log each firearm, secure it in a controlled location, and transfer it under the supervision of an FFL. A formal appraisal should document value for the estate inventory and equitable distribution.

What if the estate includes NFA items like suppressors or short-barreled rifles?

NFA items require registration and transfer through the ATF using the correct forms, typically Form 5 for tax-exempt transfers to lawful heirs or Form 4 in other cases. Unregistered NFA items are contraband and cannot be inherited.

Does marijuana use affect firearm inheritance in Missouri?

Yes. Under federal law, marijuana users are prohibited from receiving or possessing firearms even if state law permits use. Executors should not transfer firearms to heirs who are prohibited persons.

5 Legal Pitfalls for Attorneys Handling Firearms in Probate

Q: Can an executor transfer a firearm directly to an heir in Missouri?

Sometimes. Federal law provides a narrow exception that allows an executor to transfer a firearm to a specifically entitled heir by will or by operation of law, provided the heir is not prohibited. This does not cover NFA items and does not remove the risks of eligibility mistakes. Using a licensed FFL remains the safest practice.

Drew McDermott
Sep 15
3 min read

Updated: Nov 8

Introduction

Probate attorneys in Missouri carry a heavy responsibility when estates involve firearms. While many attorneys focus on property transfers, debts, or tax obligations, firearms bring an entirely different layer of federal and state regulation. A simple oversight can place you, your client, or the heirs at legal risk. The ATF does not excuse mistakes made in good faith. Firearms are regulated property, and attorneys who guide probate

settlements must understand where the pitfalls lie.

Attorney reviewing a legal document with a firearm case on the desk — **Handgun and Gavel**

1. Overlooking Firearms in the Inventory

One of the most common errors is failing to identify firearms early in the probate process. Families often treat guns as personal effects, no different than jewelry or tools. However, firearms are subject to both Missouri law and federal firearms regulations. If they are not properly inventoried, a firearm could be transferred informally, leaving no legal record. This creates exposure for the attorney, the executor, and the heirs if questions arise later.

2. Assuming State Law Overrides Federal Law

Missouri has relatively permissive gun laws, and many clients believe those rules govern inheritance. Under federal law, certain individuals are prohibited from possessing firearms, regardless of state legalization. Marijuana use, even with a valid state card, disqualifies an heir from firearm possession under (18 U.S.C. §922(g)(3)). Transferring a gun to a prohibited person is unlawful and creates liability for the estate. Attorneys who assume state statutes alone control firearm transfers risk facilitating a federal violation.

3. Allowing Executors to Transfer Firearms Directly

Executors may believe they can simply hand a firearm to an heir once ownership is confirmed by the court. Federal law does provide a narrow exception that allows executors to transfer firearms across state lines directly to heirs designated by a will or by operation of law, provided the heir is not prohibited. However, this exception does not cover NFA-regulated firearms, and it still leaves attorneys and executors exposed if eligibility questions later arise. The safest practice is to involve a licensed dealer (FFL), who can document the transfer and ensure compliance. Attorneys who fail to recommend this step place their clients at greater risk.

4. Ignoring NFA-Regulated Firearms

Some estates contain firearms subject to the National Firearms Act (NFA), such as suppressors, short-barreled rifles, or machine guns. These items cannot be passed on like ordinary firearms. They require registration with the ATF and transfer via ATF Form 5 or Form 4. Unregistered NFA firearms are contraband and cannot be legally inherited. Attorneys who fail to identify or properly advise on these items could expose heirs to felony charges and expose themselves to malpractice claims. For more on the risks of overlooked items, including serialized receivers and hidden parts, see our guide on Hidden Firearms in Estates.

5. Failing to Secure Chain of Custody

Firearms left in homes, storage units, or safe deposit boxes are vulnerable to loss, theft, or misuse during probate. If an heir takes possession before a lawful transfer is completed, liability may fall on the estate and the attorney overseeing the process. Proper chain of custody requires that firearms be logged, secured, and transferred under the supervision of a licensed dealer. In addition, firearms should be formally appraised so their value is documented as part of the estate’s personal property inventory. Attorneys who fail to ensure secure handling and accurate valuation leave their clients open to preventable legal and financial consequences.

Final Word from Drew

For probate attorneys, firearms represent more than personal property. They are highly regulated assets, and even small oversights can lead to federal violations or liability. The safest course is to partner with a licensed FFL who can manage transfers, appraisals, and compliance. At MDRF Enterprises, we work alongside attorneys to make sure firearms in probate are handled lawfully and securely, protecting both families and the professionals who serve them.

Quick FAQ

Question: Can an executor transfer a firearm directly to an heir?

Answer: No. Executors are not licensed dealers. Transfers must comply with federal law, and often require an FFL to ensure legality.

Question: What happens if an estate contains an unregistered NFA firearm?

Answer: Unregistered NFA firearms are contraband and cannot be inherited. They must be surrendered to the ATF.

Question: Does marijuana use affect firearm inheritance?

Answer: Yes. Under federal law, marijuana users are prohibited from possessing firearms, even if Missouri law permits medical or recreational use.

Question: How can attorneys protect themselves?

Answer: Work with an experienced FFL who can document, secure, and transfer firearms lawfully. This prevents liability for both attorneys and their clients.

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