Firearms in a Trust: What Every Bank Trust Officer Should Know

Drew McDermott
3 days ago
4 min read

Updated: 2 days ago

When a trust or estate crosses your desk, odds are it’s packed with the usual suspects—real estate, financial accounts, maybe a classic car or two. But occasionally, something less familiar turns up: firearms. Whether it’s a hunting rifle in the closet or a full gun collection in a safe deposit box, this category of asset brings unique challenges—and risks—that every trust officer should be aware of.

Over the past twelve years working with estate professionals throughout Saint Louis, I’ve seen firsthand how often firearms end up in limbo. The laws are complex, families are often unsure of what to do, and institutions understandably want to avoid liability. So let’s walk through the essentials, including some practical options that protect your institution, fulfill fiduciary duties, and keep the process smooth for the beneficiaries.

Understanding the Basics: Firearms as Trust Property

Firearms are legally considered personal property, but they don’t behave like your typical baseball card or art collection. Unlike most assets, they’re heavily regulated at both the state and federal level—especially if the firearm in question falls under the National Firearms Act (NFA), such as a suppressor or short-barreled rifle.

In Missouri, it’s legal to include firearms in a trust, but how those firearms are stored, transferred, or liquidated can trigger criminal or civil issues if not handled correctly.

Even well-meaning heirs or trustees can run afoul of the law without realizing it.

As a trust officer, your institution is held to a higher standard—acting improperly or overlooking state and federal firearms regulations could expose you to liability. That’s why even simple decisions (like who’s removing guns from a residence or how they’re valued) require careful thought and documentation.

Common Situations That Raise Red Flags

We often assist banks and trust departments with one of these common scenarios:

Unregistered or undocumented firearms: The deceased may not have kept thorough records. If serial numbers are missing, or the family doesn’t know what’s in the safe, you need expert assistance.
Inherited firearms crossing state lines: Federal law makes an exception for firearms passed on through inheritance. If the firearm is transferred to a beneficiary by will or intestate succession, it does not need to go through an FFL—even if the heir lives in another state. However, the recipient must be legally permitted to own firearms in their home state, and it’s wise to document the transfer clearly. For anything outside inheritance—like gifts or sales across state lines—federal law does require the involvement of an FFL.
Shipping: The problem we have seen arrives when finding a common carrier (USPS, FedEx, UPS) to handle the items in question. There are many restrictions on Unlicensed persons shipping firearms (see our FAQ for details)
Unknown legal status: Occasionally, a trust may hold restricted items like an NFA-regulated firearm. These require additional tax documentation, registration, and ATF approval—none of which a layperson may have handled properly.
Desire to liquidate the firearms: If the trust allows for asset liquidation, selling firearms must still be done through a federally licensed dealer (FFL). Private sales from a trust without FFL involvement can be illegal in many cases.

The Valuation Challenge

Appraising firearms correctly is another area where trust officers often seek guidance. Values vary wildly based on make, model, condition, and market trends. Some older firearms may hold sentimental value but little market worth. Others—like early Colt revolvers or pre-ban rifles—may command thousands.

We recommend getting a professional firearms appraisal, both for accurate asset distribution and to ensure proper insurance documentation if the firearms remain in the trust.

Safe Removal and Storage

Another major concern is what happens when a firearm is found at a decedent’s property. Who is allowed to touch it? Where should it be stored? We’ve responded to many calls where banks or trust departments were unsure how to even begin the removal process—especially when the property is unsecured or multiple heirs are involved.

As an FFL, MDRF Enterprises provides secure, legal removal and storage of firearms from private residences, safes, and storage units. We document everything, ensure chain of custody, and keep the trust fully informed during the process.

Working with a Licensed FFL Partner

When firearms show up in a trust, the safest move is to involve a licensed firearms dealer (FFL)—ideally one with estate experience. We don’t just buy and sell guns; we handle the compliance, paperwork, valuations, and transfer logistics that keep everything above board.

Our role is to support professionals like you—quietly and efficiently. Whether the trust intends to distribute firearms to beneficiaries or liquidate them entirely, we ensure the process is legal, traceable, and fully documented.

Final Thoughts

Firearms in a trust don’t have to be a headache. With the right protocols—and the right partner—you can protect your institution, serve your clients, and fulfill your fiduciary responsibilities with confidence.

If you’re working on a case involving firearms, or want to prepare your team for the next time one comes across your desk, we’re here to help.

Contact Us for a Discreet Consultation

MDRF Enterprises is a licensed FFL serving Saint Louis and surrounding counties. We’ve worked with trust departments, probate professionals, and families for over a decade. If you have questions about firearms in a trust—or need help with secure removal, appraisal, or legal transfer—reach out today. We’ll handle it legally, respectfully, and discreetly.

By:

Drew