Firearms in an Estate Sale

Drew McDermott
3 days ago
4 min read

Updated: 1 day ago

Clear Rules, Murky Waters — and a Better Way Forward

You’d be surprised how often this happens: an estate liquidator calls us halfway through a home setup because they “just found a couple long guns in the back closet.” Or they call after the sale, when a buyer is asking for paperwork. Either way, the moment is always the same — that pivot from “this is just another job” to “wait, are we even allowed to sell these?”

Firearms in estate sales aren’t rare. But what is rare? Clear understanding of the laws involved.

Let’s talk about where the rules are clear, where they get muddy, and how we help estate buyers and liquidators navigate it all — safely, legally, and without drama.

What the Law Says (and Doesn’t Say)

✅ CLEAR:

If you’re the executor of an estate, you can sell or transfer firearms — as long as you follow state and federal laws.
Estate-type auctions, where the executor retains possession and uses an auctioneer as an agent, do not require an FFL (per ATF Ruling 96-2).
You must not transfer a firearm to someone prohibited from owning one — full stop.

⚠️ AMBIGUOUS:

Here’s where it gets tricky.

Under federal law, if you are “engaged in the business” of dealing in firearms, you need a Federal Firearms License (FFL). But what does that mean?

“Engaged in the business” is defined by the ATF as someone who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business — even if they don’t take title to the guns.(ATF Ruling 96-2, 18 U.S.C. § 921)

Sounds simple. But what if you’re not running a business — just clearing out an estate with five guns? What if you’re an estate buyer who bought the house and contents together, and now you’re sitting on a couple of old rifles? Is that “engaged in the business”? Depends who’s asking.

Even professionals get caught in this gray zone. We’ve seen people think selling one or two firearms a year is “safe,” only to be surprised when it creates a compliance issue.

“Bought the House, Got the Guns?”

This one comes up more than you’d think.

Let’s say you’re an estate buyer or investor. You buy a property — maybe at auction, maybe in a handshake deal — and it comes with “everything inside.” You flip furniture, scrap appliances, and maybe even resell tools or collectibles.

But if that “everything” includes firearms, you’re in a different legal category.

At that point, you’re no longer selling firearms as an agent of the estate — you own them. That means if you sell them without going through a licensed FFL, you might be engaging in unlicensed dealing, especially if it’s more than a one-off event.

We’ve helped folks in exactly that spot. They weren’t looking to break any laws — they just didn’t realize that a forgotten .30-30 under the bed carries a different set of rules than a bedroom set or toolbox.

Real Example: “The Storage Unit Surprise”

Not long ago, a liquidator contacted us about a South County storage unit sale. They’d been hired to clear it out — a basic estate liquidation job. Halfway through, they opened a locked crate: three rifles, a couple pistols, and two cans of ammo. No paperwork. No idea whose they were.

They could’ve guessed and moved on — instead, they called us.

We showed up the next morning, did an inventory, verified serials, and helped determine what could be sold and how. The liquidator got paid, the heirs got value, and nobody ended up in a bind.

You’re Not a Gun Dealer — and That’s Okay

Most estate sellers and buyers aren’t “gun people.” And they don’t want to be. You’re not looking to become an FFL, and you definitely don’t want to land in a federal gray area over a forgotten revolver in a sock drawer.

That’s why we’re here.

The Bottom Line: Why It’s Worth Calling MDRF First

At MDRF Enterprises, we work with estate buyers, liquidators, and auctioneers across Greater Saint Louis to make firearm handling legal, simple, and discreet. Whether you’re facing a single handgun or a 40-rifle collection, we take the uncertainty out of the picture.

As a licensed FFL, we:

Conduct on-site pickups (you don’t move a thing)
Offer appraisals, consignment, or cash offers
Handle paperwork and background checks
Protect you and your clients from unintentional violations

Final Thought: Don’t Guess

You’re good at what you do. So are we. If you find firearms in an estate, home, or storage unit — or if you’re not sure what to do with one you already have — give us a call. It’s not just about following the law. It’s about doing right by your clients, your business, and your peace of mind.

Visit our dedicated estate buyer page for services tailored to professionals.

By:

Drew

Gun Buyer | St. Louis, MO | MDRF Enterprises