Executor’s Dilemma: How to Legally Handle Guns in a Missouri Estate

Drew McDermott
Jul 16
4 min read

Updated: 3 days ago

When you're named executor of an estate, your to-do list can get overwhelming, fast. From probate paperwork to family disagreements, it’s a high responsibility role. And if there are firearms in the mix? That brings a whole other layer of complexity, both emotionally and legally.

Every week, I hear from families, estate attorneys, and professionals asking questions like:

“Can I legally sell my late father’s guns?”
“Do I need a background check if I inherited them?”
“What do I do if I find guns in a house after someone passes away?”

The good news is: you’re not alone, and there are clear answers. The not so good news: you need to follow the law, federal and Missouri-specific, or you could unknowingly commit a felony.

Let’s walk through the most common scenarios and what you should know to stay compliant, safe, and stress-free.

Can an Executor Legally Sell Firearms in Missouri?

Yes, but not without taking some key precautions.

If you’re the executor (or personal representative) of an estate, you’re legally allowed to take temporary possession of the deceased’s property, including firearms. However, when it comes to selling or transferring those firearms, you are still bound by federal and state laws.

Here’s the short version:

You can possess and inventory the guns.
You can sell or transfer them, if the transaction is done legally.
You cannot give or mail them directly to an heir in another state.
You should not sell them casually through Facebook, Craigslist, or garage sales.

The safest and most compliant method is to work with a federally licensed firearms dealer (FFL). like us. We handle background checks, federal paperwork, and Missouri-specific compliance, ensuring the executor is protected from liability.

What Do I Do If My Parent Passed Away and Left Guns in the House?

This is probably the most common call I get, it usually starts with something like:

“My dad passed away. We’re cleaning out the house in Kirkwood and found a few rifles and a handgun in the closet. What are we supposed to do with them?”

Here’s what I always tell folks:

Pause. Don’t panic. And definitely don’t throw them in the backseat and start driving around.

Your steps:

Secure the firearms – Lock them up in a safe, case, or designated location.
Identify who owns them now – If the estate is still in probate, they’re part of the estate.
Check your legal authority – If you’re not the executor or authorized by the court, don’t move or transfer them yet.
Contact a licensed dealer – We can advise you on the next legal steps, provide appraisals, and facilitate safe transfers or purchases.

Firearms have legal and sentimental weight. The worst thing you can do is hand them off to someone without checking state law or completing a proper transfer. Even if it’s your brother. Even if it’s “just a .22.”

Do You Need a Background Check to Transfer or Sell Inherited Firearms?

It depends on the situation, but in many cases, yes.

Let’s break it down:

If the gun is being passed to a legal heir within Missouri:

No background check is required if the transfer is done directly between private parties.
However, the heir must be legally allowed to possess a firearm (no felonies, etc.).
You’re still responsible for ensuring the transfer is compliant.

If the heir lives in another state:

Federal law requires the gun be shipped to a licensed dealer (FFL) in the recipient’s state.
This applies even if it’s a bequest in a will.

Exception: If a gun is passed by operation of law (will or intestate succession), and you meet the other requirements, you may not need an FFL in-state, but you must still comply with state law. That’s a gray area where legal advice or FFL guidance is essential.

To avoid mistakes, we recommend using a dealer to facilitate the transfer, even within Missouri. It's cleaner, documented, and prevents future issues if the gun is later sold.

Real Stories from the Field

A few months ago, I worked with a son who was the executor of his father’s estate in Chesterfield. He lived out of state, had zero interest in dealing with the firearms, and didn’t want to risk doing anything illegal.

He called us. We drove out, verified the firearms, and handled the entire process, inventory, secure transport, ATF compliant transfer, and appraisals for probate. Done legally, safely, and with respect for the family.

In another case, a funeral director in Saint Louis called us on behalf of a family who discovered several handguns just hours after the memorial service. Emotions were high. No one knew the legal owner. We handled pickup the same day, allowing the family to grieve without added stress.