Inherited Firearms

Drew McDermott
3 days ago
4 min read

Updated: 2 days ago

What to Do When You Find Firearms in an Estate: A Guide for Families, Executors, and Professionals

When settling a loved one’s estate, families may come across more than just keepsakes and paperwork. Firearms—whether a single heirloom or a full collection—can surface unexpectedly, and when they do, it’s important to proceed with care.

Unlike furniture or jewelry, firearms are highly regulated. Selling, transferring, or even storing them improperly can lead to serious legal issues. And in Missouri, where both federal and state gun laws apply, the rules can be especially nuanced.

That’s why inherited firearms deserve careful attention during the estate process.

Why Firearms in an Estate Are Different

Firearms aren’t just personal property—they’re items regulated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and state law. That means estate executors and family members can’t simply gift them to relatives, sell them online, or list them on Facebook Marketplace.

If you are inheriting a firearm from someone in another state, standard interstate transfer rules generally do not apply. Federal law allows the executor of the estate to transfer the firearm directly to you without involving an FFL, even across state lines. However, you must be legally eligible to possess firearms in your state of residence. If you are prohibited from owning a firearm, the executor is not permitted to complete the transfer.

In a recent interview with ACTEC Fellow Jerry Beyer (Managing Guns in Your Estate), he explained the legal complexities involved:

“If you don’t plan properly for your firearms, they may not end up in the hands of the beneficiaries you desire. In the worst case, they may even be seized or destroyed.”

Whether it’s a single hunting rifle or a collection of handguns, improperly handling firearms in an estate can expose families to unintended liability.

Common Mistakes Families Make

At MDRF Enterprises, we work with families, estate attorneys, and probate professionals across Saint Louis. Here are some of the most frequent issues we see:

Assuming guns can be casually gifted or sold without using an FFL or transfer documentation
Listing firearms for sale online through platforms that prohibit gun sales
Leaving guns unsecured in a home for weeks or months after a death
Turning to pawn shops, where offers often reflect resale margins rather than true value
Danger of accidental injury when handled by inexperienced individuals
Devaluation from improper storage or handling
Using general auction houses that lack the firearms expertise needed for accurate pricing and legal compliance
Overlooking regulated items, like NFA firearms or those restricted by federal law

Each of these missteps can create complications for both the estate and the people trying to do the right thing.

Why You Should Work with an Estate-Savvy FFL

Whether you're a family member, estate executor, or legal professional, a Federal Firearms License (FFL) holder with estate experience can provide the guidance you need.

An experienced FFL can:

Evaluate the collection on-site, ensuring firearms and ammunition are secured safely
Provide written appraisals or cash offers based on current market values
Manage the legal transfer process, including ATF-compliant documentation
Travel throughout the Greater Saint Louis area for in-home appointments
Coordinate with estate liquidators, attorneys, and realtors involved in the process

Having the right partner ensures firearms are handled legally, discreetly, and respectfully.

Who Typically Needs This Help?

Every situation is different, but here’s who we most often support:

Families unsure how to legally handle a loved one’s collection
Estate attorneys and probate professionals seeking secure, compliant options
Funeral homes helping next-of-kin navigate post-death logistics
Realtors and estate liquidators who find guns in a property
Seniors or collectors looking to plan ahead and avoid burdening loved ones

No two cases are alike—but each deserves a solution rooted in safety, legal compliance, and dignity.

Real Risks of Mishandling Guns

One topic often overlooked is the potential criminal liability. Inheriting a gun may feel like a family matter—but from a legal standpoint, it’s a transfer of ownership.

In some cases, that transfer could be illegal if:

The recipient is prohibited from owning firearms (e.g., due to criminal history or mental health status)
The firearm is classified as a National Firearms Act (NFA) item, such as a short-barreled rifle or suppressor
Unlawful possession or transfer Violations of ATF or State regulations
There is no record or documentation of lawful transfer

As ACTEC’s legal experts emphasized, even a well-meaning mistake—like holding on to a restricted firearm—can expose families to legal risk.

That’s why it’s crucial to not delay. If you’re unsure what’s in the home, a simple inventory and professional review can make all the difference.

Action Steps: What You Can Do Right Now

If you've inherited firearms or are assisting someone who has:

Take inventory — Document what’s present (photos, serial numbers, quantity)
Secure all firearms — Keep them locked away from children or unauthorized users
Don’t attempt private sales — Especially not online or across state lines
Verify legal status — Identify any restricted or NFA-regulated items
Get professional help — Reach out to an experienced, licensed FFL for next steps

Download Our Free Estate Firearms Guide

We created a simple, informative guide to help families and professionals navigate this process safely and legally.

👉 Click here to download the free Estate Firearms Guide(Includes checklists, legal basics, and planning tips)

Final Thoughts

Settling an estate is never easy—and when firearms are involved, the emotional and legal stakes are even higher. But with the right information and a knowledgeable partner, it doesn’t have to be overwhelming.

No matter the size of the collection, having guidance can make all the difference.

By:

Drew