Private Firearm Sales: What Professionals Should Know About Legal Transfers

Drew McDermott
3 days ago
4 min read

Updated: 2 days ago

When someone passes away or liquidates an estate, the presence of a few old rifles or a box of handguns in the back of a closet isn’t uncommon. But here's the thing—firearms can’t be handled like furniture or jewelry. Unlike other personal property, selling or transferring a gun, even privately, comes with a unique legal framework that deserves careful attention.

“When firearms are part of the estate, it’s not just personal property—it’s a legal responsibility.

Whether you’re an estate attorney, funeral director, bank trust officer, or estate buyer, understanding the rules around private sales is crucial. It’s not just about compliance—it’s about protecting your clients, your organization, and your own reputation from unintended consequences.

Let’s break it down.

What the Law Says About Private Sellers — and Inherited Firearms

Federal law allows unlicensed individuals—meaning everyday citizens, not dealers—to transfer firearms to other residents within their own state, so long as they have no reason to believe the recipient is legally prohibited from possessing a firearm.

However, transferring a firearm across state lines without going through a licensed dealer (FFL) is generally prohibited, even if it's a gift or part of a sale.

The exception? Inheritance.

If a firearm is passed to a beneficiary by will or through intestate succession, it does not need to go through an FFL, even if the recipient lives in a different state. That means executors can legally transfer standard firearms to out-of-state heirs—as long as the heir is legally eligible to possess firearms in their home state.

But there's an important distinction:

This exception does not apply to NFA-regulated firearms, such as machine guns, suppressors, short-barreled rifles (SBRs), and destructive devices.

According to ATF guidance, these firearms are subject to strict transfer and registration procedures, even when inherited. The executor must:

Apply for a tax-exempt transfer using ATF Form 5
Ensure the heir submits fingerprints and background information
Confirm the heir is not prohibited from possessing the item under federal, state, or local law
Complete the transfer before probate closes

Unregistered NFA firearms in an estate are considered contraband and must be surrendered to the ATF—they cannot be registered retroactively, even by a lawful heir.

Why Licensed Facilitation Matters

The ATF’s 2024 guide for FFLs outlines exactly how we can assist in these situations:

We handle the paperwork. Buyers complete the ATF Form 4473, we run a background check, and we record the acquisition and disposition in our A&D log.
We verify eligibility. If NICS returns a “denied” result, the transfer stops. If delayed, we wait the federally mandated period before proceeding.
We reduce risk. Firearms transferred through our FFL are traceable, documented, and legally compliant. That’s peace of mind for you and your clients.

This process isn’t mandatory under federal law—but it is strongly encouraged, especially in professional settings. It helps protect against firearms ending up in the wrong hands, and it supports law enforcement in case the weapon is ever used in a crime.

Why This Matters for Our Professional Partners

Estate Attorneys:

When representing a family, you don’t want questions about gun transfers disrupting probate. An illegal transfer—even one made with good intentions—can derail everything. Sending firearms through a licensed dealer ensures the estate complies with both state and federal law and avoids any liability.

Funeral Directors:

Many times, you’re the first to spot firearms in the home—especially when grieving families are overwhelmed. Referring those families to a licensed FFL like MDRF Enterprises helps them avoid mishandled handoffs or unlawful transfers at a vulnerable time.

Bank Trust Officers:

Handling a trust that includes firearms means added responsibility. A trust department that disposes of firearms improperly could face scrutiny or even legal action. We provide detailed appraisals, secure removals, and full compliance with ATF regulations—so you don’t have to take on that burden.

Estate Buyers & Liquidators:

You might be buying out household contents, but when it comes to guns, it’s not enough to treat them like antiques or tools. Selling them “as-is” without going through an FFL opens the door to legal risk. We can appraise, remove, and legally purchase entire collections with full documentation—right on-site.

Practical Tips for Professionals

Never allow an out-of-state transfer without going through an FFL, unless it qualifies as a lawful inheritance.
Identify NFA items early. If there’s a suppressor, short-barreled rifle, or machine gun in the estate, it must follow the NFA transfer process.
Encourage documentation. Even if a private seller isn’t required to keep records, it’s good practice to list serial numbers, conditions, and transfer details.
Use us as a resource. MDRF Enterprises is here to handle secure removals, background checks, ATF paperwork, and legal transfers so you and your clients are never exposed to unnecessary risk.

Final Word

Private firearm sales might be legal, but they’re not always simple—and they’re rarely risk-free. For professionals working with estates, trusts, and families, the safest route is a licensed one.

Quick reference for estate professionals: Know when you can transfer a firearm and when to call in an FFL

At MDRF Enterprises, we’ve been helping Saint Louis families, attorneys, and institutions navigate this exact terrain for over 12 years. We’re licensed, discreet, and deeply familiar with both the letter and spirit of the law.

If you’re unsure about what to do with a firearm, give us a call. We’ll handle it the right way—every time.

By:

Drew