What to Do with Inherited Firearms: Legal Options for Families, Executors, and Estate Professionals
- Drew McDermott
- May 18
- 4 min read
Updated: Aug 22
When Firearms Appear in an Estate
When a loved one passes away, their personal property becomes part of the estate. Jewelry, vehicles, and household items are usually straightforward. Firearms are not.
Firearms are regulated by both federal and state law. That means transferring, storing, or selling them, even with good intentions, can lead to serious legal problems if not handled properly.
Whether you are an heir, executor, attorney, or estate buyer, inherited guns require a different level of care and compliance.
What Heirs and Families Need to Know
If you are inheriting firearms, the rules vary depending on where you live and whether the transfer crosses state lines.
Here is what federal law allows:
Guns can pass directly to a lawful heir by will or inheritance, even across state lines.
An FFL is not required for the transfer itself, as long as the heir is legally allowed to possess firearms.
The firearm cannot be shipped directly to the heir. It must be transferred through an FFL in their state, or picked up in person.
🔗 For guidance on shipping estate guns legally, read our shipping guide.
What Professionals Must Handle Differently
If you are not the heir, such as an estate buyer, liquidator, fiduciary, or real estate agent, the rules are different.
You must:
Use a licensed dealer (FFL) to facilitate any firearm transfer.
Avoid moving, selling, or storing firearms without legal authority.
Follow ATF regulations for any NFA-regulated items, such as suppressors or short-barreled rifles.
Ensure firearms are not transferred to prohibited persons.
Failure to comply can result in fines, loss of licensure, or criminal charges.
🔗 For more on FFL versus auction options, read this comparison.
Fair Market Value vs. Marketable Cash Value
At MDRF Enterprises, we use two types of valuation to help families and professionals understand what inherited firearms are worth:
Fair Market Value (FMV): The estimated price a firearm would sell for in a typical market, based on GunBroker listings with bids and Sold at Auction data.
Marketable Cash Value (MCV): What you would likely walk away with if selling the firearm quickly, usually 25 to 30 percent below FMV.
This distinction is important for probate filings, IRS documentation, and when deciding whether to sell or keep the guns.
🔗 Want to understand this better? Read: What’s My Gun Really Worth?
Legal Disposal Options: What If You Don’t Want to Keep Them?
Not everyone wants to keep inherited firearms. If you are uncomfortable with guns or simply need to clear the estate, here are your legal options:
Sell to a Licensed Dealer (FFL): Get a cash offer or consignment sale. The dealer will handle all background checks and ATF paperwork.
Transfer to Another Family Member: Must be done through a licensed dealer if not part of direct inheritance.
Surrender to Law Enforcement :Call ahead. Do not walk into a station with a gun unannounced.
Donate to a Museum or Historical Collection: A good option for rare, vintage, or collectible firearms.
Do Not Attempt to Destroy Them Yourself: The ATF has specific rules for destruction. Improper disposal can be illegal.
Keep a Record of Everything: Always get written documentation for any sale, transfer, surrender, or donation. Keep copies for your own protection.
Common Mistakes to Avoid
Even well-meaning families and professionals make errors that cause long-term problems:
Listing estate guns for sale online without using a dealer.
Moving guns across state lines without ATF clearance.
Transferring to someone who is legally prohibited from owning a firearm.
Using auction houses that do not understand firearm regulations.
Leaving guns unsecured in an unoccupied property.
Failing to check if any guns are NFA-regulated, such as suppressors.
🔗 If you are not sure what counts as an NFA firearm, read our Firearms FAQ.
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 American College of Trust and Estate Counsel (ACTEC) 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.
When to Call a Professional FFL
At MDRF Enterprises, we help with:
Written appraisals for probate or insurance
Legal transfers to heirs or buyers
Consignment or direct purchase offers
Secure storage while the estate is settled
We serve Saint Louis and surrounding areas with licensed, discreet, and fully compliant
estate services.
Final Thoughts
Firearms in an estate can feel like a burden. But with the right guidance, they do not have to be a problem. Whether you are trying to keep, sell, or surrender inherited firearms, MDRF Enterprises can help you do it legally, safely, and with confidence.
“If you’re unsure where to begin, our Firearm FAQ answers the most common questions about legal transfers, appraisals, and storage."
📞 Schedule a consultation today
📍 6414A Hampton Ave, Suite #11, Saint Louis, MO 63109
📞 (314) 397-0942
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