5 Gray Areas That Can Land Estate Professionals in Trouble with Firearms
- Drew McDermott
- Sep 8
- 4 min read
Updated: Nov 8
As someone who works with estates across the Saint Louis area, I’ve seen many good people with good intentions stumble when firearms show up in a home or collection. Attorneys, liquidators, and even funeral directors often assume handling a gun is no different than moving jewelry, furniture, or tools. Unfortunately, the ATF does not see it that way.
Firearms are in a category of their own, and the rules around possession, transportation, and sales can create liability for estate professionals who step into these gray areas. The goal here isn’t to scare you; it’s to show you where the pitfalls are and how to avoid them.
1. Taking Possession for “Just a Little While”
One of the most common mistakes we see is when an estate professional takes temporary possession of firearms. Maybe it’s grabbing them from the house to store at your facility until the auction. Maybe it’s tossing them in the back of an SUV because you don’t want them left behind during a cleanout. We once had a liquidator tell me they had rifles sitting in their office coat closet because they didn’t know where else to keep them.
Temporary custody of firearms, whether storing them at your facility, keeping them overnight, or even placing them in a closet until auction, can look like unlicensed dealing.
The ATF notes that auctioneers (and Estate Buyers) who receive firearms on consignment are considered engaged in the business and must be licensed. That means even short-term possession tied to resale can create exposure.
2. Transporting Firearms Without an FFL
Another gray area is transportation. Professionals sometimes assume it’s fine to drive firearms from a client’s home to a secure storage space or to an auction facility. What feels like a simple errand can be interpreted as engaging in the business of firearms without a license.
The definition of “engaged in the business” is broad: if your actions look like part of a repetitive process to transfer firearms for profit, you could be treated as a dealer. A van full of rifles isn’t the same as moving antique lamps.
We have met people who thought a few boxes of rifles in the back of a van was no different than moving antique lamps. But legally, it is worlds apart. If you don’t have an FFL, transportation tied to resale activity can expose you to liability.
3. Photographing and Advertising Firearms for Sale
This one surprises estate professionals. If you photograph firearms and then advertise them on a platform like an estate sale site, an auction site, or even your company website, it may appear to regulators that you are offering guns for sale.
Photographing and listing firearms online or in print can suggest you are offering them for sale as a dealer. ATF factors include how you represent yourself to others—advertising firearms for sale is a strong indicator of business activity.
I’ve seen auction companies post estate firearms under their company banner, not realizing regulators could interpret that as unlicensed sales.
4. Accepting Payment That Includes Firearms
If firearms are bundled into estate invoices or client settlement statements, it can create the appearance that your company is selling them. That can be a big problem. If you are collecting money from buyers and firearms are part of the invoice, you may have just acted like an unlicensed dealer. Federal law requires a license for anyone who takes possession of firearms with intent of resale or for pecuniary gain.
When money for guns flows through your accounts—even indirectly—it risks being interpreted as dealer activity.
5. Assuming Family Hand-Offs Are Always Legal
Executors and estate companies often think, “If the son or daughter is supposed to get Dad’s shotgun, we’ll just give it to them.” The problem is not every heir is legally eligible to possess a firearm. Federal prohibitions and state specific rules still apply. If you facilitate the transfer, even indirectly, you can be drawn into liability.
Executors often believe they can simply hand a firearm to the heir named in a will. But federal prohibitions still apply: heirs may be out-of-state, underage, or otherwise prohibited persons.
Transfers of NFA-regulated firearms (such as suppressors or short-barreled rifles) require ATF Form 5 (tax-free inheritance) or Form 4 (taxable transfer). Skipping these steps creates risk for both families and professionals.
How MDRF Helps Keep It Simple
We don’t bring up these gray areas to scold anyone. We bring them up because we have seen good businesses nearly step into serious problems without even realizing it. The solution is not complicated: involve a licensed Federal Firearms Licensee (FFL) who can take possession, run stolen-gun checks, handle appraisals, and manage the transfer paperwork.
At MDRF Enterprises, we’ve been doing exactly that since 2012. Estate professionals call us in when firearms appear because we remove the liability from their shoulders. We log every firearm into our acquisition and disposition records, appraise them to professional standards, and manage the transfer process through the right ATF forms.
That allows attorneys, liquidators, and fiduciaries to focus on their core responsibilities while knowing the firearms are handled legally, discreetly, and with respect for the family.
Final Word from Drew
Firearms in estates are a blind spot. You may only see them a few times a year, but every time they appear, the same legal risks exist. If you are not licensed, the safest approach is simple: don’t handle, transport, advertise, or accept money for firearms.
When mistakes happen, the ATF doesn’t just look at the professional involved. They often knock on the family’s door, too. we have seen heirs caught off guard, questioned about transfers they thought were completely legal. That’s why we take this seriously, protecting families is just as important as protecting professionals.”
Partnering with a trusted FFL keeps you compliant and keeps your clients out of trouble.
If you work in estates in Saint Louis and want a simple, legal, and discreet way to handle firearms, we are here to help.
Serving Saint Louis City, Saint Louis County, and the surrounding Metro area
📞 Call us
👉 Request a Free Consultation
Comments