Disclaimer:
The information provided on this page and in all related blog posts is for general educational purposes only and does not constitute legal advice. Laws regarding firearms, probate, and estate handling may vary by state and change over time. Always consult with a qualified attorney or licensed professional regarding your specific situation.
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- How to Legally Sell Firearms Found in an Estate You’re Liquidating
When you’re handling an estate, whether as a professional liquidator, investor, or family member, you expect to deal with the usual: furniture, tools, collectibles, maybe some vehicles. But what happens when you find a few rifles in the closet, a shotgun under the bed, or a revolver in the nightstand? Don't know where to start? Read our Checklist for more information You can’t just sell a firearm like you would a lawn mower or dining set. Federal and state firearm laws introduce an entirely different level of liability. Mishandle it, and you risk not only breaking the law but also losing trust with clients and heirs. Here’s what you need to know. Rifles on a Table You May Not Need an FFL, But That Doesn’t Mean It’s Simple If you’re acting on behalf of the estate (as an executor, trustee, or authorized seller), you might not technically need a Federal Firearms License (FFL) to sell a few firearms. But here’s the catch: if you regularly buy or resell estates with firearms , or if you profit from them directly, the ATF might consider you “engaged in the business”, which would require an FFL. It’s a gray area, and most liquidators don’t want to find out where the line is the hard way. Common Pitfalls Selling across state lines without a transfer Federal law requires that all interstate transfers go through an FFL. Selling to prohibited persons You’re responsible if the gun ends up in the wrong hands, even if you didn’t know. Skipping paperwork Missouri may not require registration, but if you’re not documenting the transfer, you’re asking for problems. Read our Firearm FAQs for Unlicensed Persons for more details on legal liabilities How We Handle It at MDRF When we assist with estate liquidations, we: Secure the firearms immediately and safely. Provide written appraisals (for legal, insurance, or distribution purposes). Offer cash purchases or consignment services. Handle all background checks and ATF compliant transfers. Remove legal risk for all parties. We make it easy, and more importantly, we make it legal . FFL Form 4473 Paperwork When in Doubt, Call a Pro If you’ve found firearms in an estate and don’t want to deal with the uncertainty, give us a call. We’ll handle the entire process, document everything, and ensure you’re covered from a compliance standpoint. It’s just one less thing to worry about during what’s often an already overwhelming time. Read the Estate Firearms Guide for more help and guidance 📞 Contact MDRF Enterprises today, we’ll help you navigate the process legally, discreetly, and efficiently. Contact Us Today to Schedule a Consultation 📞 Call us 📍 Or visit us at: 6414A Hampton Ave, Suite #11 , Saint Louis, MO 63119 📩 Email
- Selling Multiple Guns from an Estate? Know the ATF Rules
When an estate includes more than just a few guns, the stakes go up fast. Whether you’re an executor liquidating the collection, a family member trying to stay compliant, or a fiduciary responsible for doing things by the book, you need to understand what federal law says about selling multiple firearms, especially through the lens of the ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives) . Let’s break it down. Guns on a Table You Probably Don’t Need an FFL, But You Could Be Mistaken for One If you’re not “engaged in the business” of selling guns , you likely don’t need a Federal Firearms License (FFL). The ATF defines "engaged in the business" as someone regularly buying and selling firearms for the purpose of livelihood or profit. "Read more about this in our post on whether you need a license as an executor or liquidator. " That said, even if you’re only liquidating estate assets , selling several guns, especially if done publicly or repeatedly, might look like business activity to the ATF or others watching. Best practice: Work with a licensed FFL to handle all transfers. It protects you and prevents misunderstandings. The Executor Exception The ATF recognizes that estate executors, personal representatives, or trustees selling firearms from a decedent’s collection are not typically "in the business." You don’t need a license just for selling estate property. But here's the catch: You’re still legally responsible for who you sell to You’re still bound by federal transfer laws , especially across state lines You still face felony level consequences if you transfer to a prohibited person "For more about Missouri and federal law, visit our FAQ for unlicensed individuals ." What If You're Selling 5, 10, or 20+ Guns? Even if you’re acting as an executor, the volume can raise eyebrows. The more guns you sell, the more essential it becomes to: Use an FFL to run background checks Keep documentation for each transfer Avoid private sales unless you’ve done serious due diligence (which is risky) If you sell multiple handguns to one buyer through an FFL, the dealer is required to file an ATF Multiple Sales Report (Form 3310.4) . That doesn’t affect you directly, but it shows that the ATF tracks volume and patterns. Why It’s Safer to Work with an FFL At MDRF Enterprises, we routinely help with large estate collections. Here’s what you gain: Protection from transferring to prohibited persons Compliance with federal laws (especially for out of state or NFA regulated items) Clear documentation of sale and value Discreet, on-site pickup and free fair market appraisals Consignment options if you want to maximize value over time "Want to understand what FMV really means? Read What’s My Gun Really Worth? " You’re not in the gun business, but the ATF may still expect you to act like a professional. That’s where we come in. FFL Paperwork Final Thought Selling one or two guns from an estate is simple. Selling 10 or more? That’s a legal gray area best handled by professionals. If you're not sure whether you're crossing a line, you probably are. " Our checklist can help you start the process safely." Let a licensed dealer do it right, and keep your name out of the fine print. "Visit our Estate Firearms Guide for tools, legal resources, and downloadable handouts designed for professionals." By: Drew Gun Buyer | St. Louis, MO | MDRF Enterprises https://www.mdrfenterprises.com
- Can I Sell Guns as an Executor or Liquidator Without a License?
Not long ago, I got a call from a woman in Affton handling her father’s estate. She’d found three rifles in the back of a closet, two hunting guns and a break-action .410 that hadn’t seen daylight since the ‘90s. Her question was simple: “Can I sell these without a license?” "If this sounds familiar, read our guide to what to do when you find a gun during an estate cleanout. " I’ve heard this same question from estate buyers in Brentwood, liquidators in South County, and even a real estate agent cleaning out a condo in the Central West End. So let’s clear it up. Reviewing Legal Paperwork If You’re the Executor or an Heir The good news is, if you’re managing a family member’s estate, the law gives you some leeway. The ATF allows executors, trustees, and lawful heirs to transfer firearms without an FFL , as long as: The firearms are part of a lawful estate, You’re not “engaged in the business” of selling guns, and The transfer follows all federal and Missouri firearm laws. "For more detail, see our Firearm FAQs for unlicensed persons , covering private transfers, gifting, and shipping rules in Missouri." In plain terms: if you’re doing this once, for a relative, and you’re not flipping guns for profit, you’re probably fine, as long as the actual handoff to the new owner goes through a licensed dealer. That’s where someone like us comes in. "We also wrote a full guide for Missouri executors handling firearms. " If You’re a Liquidator or Estate Buyer Now here’s where things get trickier. Let’s say you regularly: Buy out estates or storage units, Resell valuables as part of your business, or Act as a middleman helping others move property. If firearms are part of that process, even just a few per year, the ATF might see you as “engaged in the business” of dealing firearms. And if you’re doing that without an FFL, you’re skating on thin ice. We’ve helped several Saint Louis estate buyers avoid that very problem. One of them had unknowingly handled over 15 firearms in a year and didn’t realize he was putting his business at risk. All it took was a call, and we stepped in to handle the transfers legally, with full documentation. Why It Matters Right Now The ATF has recently tightened its focus on unlicensed activity. They’re paying closer attention to estate transactions, online listings, and informal dealers, especially those selling firearms from multiple sources. You don’t have to run a storefront to get flagged. Even a few transactions per year could land you in legal trouble if they involve resale without an FFL. It’s not worth guessing. How We Help At MDRF Enterprises, we work with estate professionals, fiduciaries, and liquidators across the Greater Saint Louis area. Here’s what we offer: Licensed transfers so the paperwork is correct and compliant, Written appraisals for probate, trusts, or legal filings, Outright purchases, consignments, or secure disposal , And clear communication to make your job easier and safer. Whether it’s a single revolver in Tower Grove or a 40-piece collection in Ladue, we make sure the firearms are handled legally, ethically, and discreetly. Firearm and FFL Paperwork Not Sure Where You Fall? Let’s Talk. If you’re not certain whether you need a license, we’ll walk you through it. One quick call, and we can tell you: If your situation qualifies under estate exemption rules, Whether ATF standards apply to your role, And how to proceed without exposing yourself or your clients to risk. In this business, clarity is everything. Let’s make sure you’re covered. "Explore our Estate Firearms Guide for more tools and checklists designed for professionals like you." 📞 Contact MDRF Enterprises today, we’ll help you navigate the process legally, discreetly, and efficiently. Contact Us Today to Schedule a Consultation 📞 Call us 📍 Or visit us at: 6414A Hampton Ave, Suite #11 , Saint Louis, MO 63119 📩 Email
- Found a Gun in an Estate Cleanout? Here’s What to Do Next
You’re cleaning out a property, and tucked away behind the boxes or under a bedspread is a gun. Or maybe several. Now what? Whether you’re an estate buyer, house flipper, or professional liquidator, discovering firearms unexpectedly puts you in legal territory that’s easy to get wrong. Unlike other estate assets, guns come with serious consequences if mishandled. "Our FAQ for unlicensed persons explains the most common legal pitfalls to avoid."* Full Storage Locker Here’s how to deal with it the right way. First: Don’t Move or Sell Anything Yet If you’re not a licensed dealer, transporting firearms can be a legal risk. This is especially true across state lines or if you can’t verify ownership. Even just possessing a firearm with an obliterated serial number (which can happen in older collections) or one that falls under NFA rules may be a federal offense . Your first step? Secure the area and call someone who knows how to handle it legally. "You can also review our Estate Firearm Checklist to understand each step before making a decision."* How We Help Professionals Handle Firearm Discoveries When MDRF Enterprises is called in to assist, we: Secure and inspect all firearms on site Document everything for legal, insurance, or probate records Provide fair appraisals, facilitate legal transfers, or make direct purchases, always in compliance with ATF regulations If ownership can’t be verified, we coordinate with local law enforcement to handle clearance or surrender properly. Either way, you’re out of legal jeopardy. Found Gun in Drawer Don’t Guess When the Stakes Are Federal Too many estate buyers assume, “It’s just an old gun, I’ll lock it away or toss it on GunBroker.” But if that gun was never legally transferred, or if the estate wasn’t probated properly, you may not legally own it , let alone sell it. And if a firearm is later used in a crime or traced back to your transaction, the liability lands on you. The Safer Route: Call an FFL Even if you don’t plan to sell the guns, we can help: Document them for probate court or attorney filings Legally transfer them to an heir or authorized recipient Consign or dispose of unwanted firearms Provide formal written appraisals for insurance or valuation A formal written appraisals from MDRF Enterprises includes photographs, grading, and dual valuations that protect you in probate court and with insurers. We frequently coordinate with estate attorneys to ensure the process is fully compliant. "If you’re the executor, read this guide to legal firearm handling during probate . "* No guesswork. No legal headaches. No risk. 📞 Contact MDRF Enterprises today. We’ll help you navigate the process legally, discreetly, and efficiently. "You can also browse our Estate Firearms Guide for professional resources."* Understanding Firearm Laws Navigating firearm laws can be daunting. Each state has its own regulations. Understanding these laws is crucial for anyone dealing with firearms in an estate context. Federal vs. State Laws Federal laws govern the sale and transfer of firearms. However, state laws can impose additional restrictions. Always check both to ensure compliance. Common Misconceptions Many believe that simply possessing a firearm is enough to claim ownership. This is not true. Proper documentation and legal transfer are essential. The Importance of Documentation Documentation is key when handling firearms. It protects you legally and ensures that all transactions are traceable. What to Document Serial numbers Ownership history Transfer records Keeping thorough records can save you from potential legal issues down the line. Conclusion Dealing with firearms found in estates requires careful consideration. The legal implications are significant. Always consult professionals who understand the laws. 📞 Contact MDRF Enterprises today to schedule a consultation. 📞 Call us 📍 Or visit us at: 6414A Hampton Ave, Suite #11 , Saint Louis, MO 63119 📩 Email
- Estate Cleanout Checklist: How to Handle Firearms Legally and Safely
If you're clearing out a home, apartment, storage unit, or estate, and you find firearms, you need to follow specific steps to protect yourself, others, and the estate. Whether you're an estate buyer, fiduciary, professional organizer, or family member, mishandling guns during a cleanout can lead to legal violations, safety hazards, or lost value. This checklist will help you handle the situation responsibly and efficiently. Checklist ✅ Firearm Cleanout Checklist 🔒 Secure the Area Treat every firearm as if it’s loaded, even if it looks old or inoperable. Do not allow multiple people to handle or move the guns. Keep the area restricted until a qualified individual can assess the scene. If a firearm is out in the open , and you’re trained, safely clear it and store it in a locked room, cabinet, or vehicle trunk. Not trained or unsure? Don't risk it, contact a licensed dealer like MDRF Enterprises . We offer safe, legal removal and assessment services throughout the Saint Louis region. 🔍 Identify Firearms and Ammo Do a controlled sweep of the area. Look for: Loose handguns, long guns, or gun cases Locked containers or safes Ammunition boxes, magazines, or loaded clips Unusual tools or parts (could be NFA regulated items like suppressors) Take notes or discreet photos. Do not try to open gun safes or trigger locks unless you're authorized and trained. 📞 Call a Licensed Firearms Dealer This is the most important step: Do not attempt to sell, move, or give away the firearms without going through a federally licensed dealer (FFL). An FFL: Removes firearms legally from estates, homes, and storage units Conducts written appraisals for probate, court, or insurance Handles all ATF paperwork, serial verification, and background checks Transfers items to beneficiaries legally, including out of state 📍 In Saint Louis, MDRF Enterprises offers mobile services for estate professionals, families, and fiduciaries. 📸 Take Photos Take wide-angle and close-up photos of each firearm and accessory and: The entire collection (as found) Manufacturer marks and serial numbers Damaged, antique, or modified firearms Any accessories (scopes, magazines, suppressors, etc.) These images: Help establish inventory value Assist with probate or insurance claims Serve as documentation in the event of disputes Keep the photos secure, do not share them on social media. Taking Photos 🛑 Do Not List Guns Online Avoid the temptation to “just list them on Facebook or Craigslist.” Most platforms prohibit firearm listings , and private sales that skip a background check may be illegal or carry serious liability . Even in Missouri , where private transfers are allowed, you can be held responsible if you unknowingly sell to a prohibited person. 📄 Request a Written Appraisal A formal written appraisal serves several purposes: Helps divide assets fairly among heirs Supports court filings and probate proceedings Documents fair market value (FMV) for future sale or retention Establishes cost basis for IRS or insurance Before moving or selling any firearm from an estate, arrange for a USPAP-compliant appraisa l to document its value for court or insurance purposes. We work closely with estate buyers and liquidators to ensure every firearm is removed, documented, and transferred legally. 📚 Know the Transfer Rules Firearm transfer laws vary based on: The state the estate is located in Where the heir or buyer lives The type of firearm (e.g., handgun vs. rifle vs. NFA item) For example, if you want to transfer a firearm to a sibling who lives in another state, it must go through an FFL . Shipping directly is a federal offense . 💡 Learn more here: Firearm Shipping 💰 Decide How to Sell You have options based on the type and condition of the firearms: Sell to a Licensed Dealer: Fastest, safest route with full documentation. Consignment: Higher return for unique or collectible items. Auction: Useful for rare pieces, but may take months and require additional handling. Surrender to Police: Safe for unwanted or damaged firearms, but must be arranged in advance. Donation: Museums or historical organizations may accept antique or rare firearms. 📊 See a full comparison here: FFL vs. Auction House: What’s Best for Estate Firearms ? ⚠️ Think Twice Before Selling Guns to Friends or Acquaintances Just because you know someone, or they’re “a friend of a friend”, doesn’t mean it’s safe to sell them a gun directly. In Missouri, private firearm transfers are legal between residents , but as the seller, you are still responsible if the buyer turns out to be a prohibited person. That includes: Convicted felons Individuals with active restraining orders People with mental health disqualifications Domestic violence offenders Drug users flagged by NICS Even if the buyer seems trustworthy, you won’t know unless a background check is completed through a licensed dealer. If that firearm is later used in a crime, you may face: Civil liability from victims or families Federal attention or charges for illegal transfer Loss of personal firearm rights 💡 The safest way to sell, even to someone you know, is through a licensed FFL who can legally document the transfer and run the required checks. Keeping Records 🧾 Always Keep Records Never transfer a firearm without documentation. Copies of FFL receipts, law enforcement surrender forms, donation letters, or internal transfer logs between heirs Surrender form from law enforcement Donation letter from a nonprofit Internal transfer log between heirs (signed and dated) This paperwork protects you from future liability, especially if the firearm is later traced in a crime or legal dispute. 🧠 Final Word from MDRF Firearms are common in estate cleanouts—but they’re not like furniture or jewelry. They are tightly regulated, and mishandling them can create lasting legal and personal consequences. If you’re unsure about anything, don’t guess.📞 Call a trusted, licen sed professional. In th e Saint Louis area, MDRF Enterprises is here to help. We provide: Discreet in-home pickups Fair market appraisals Legal compliance and transfer services Expert support for fiduciaries and estate teams 📞 Contact MDRF Enterprises Today 📍 6414A Hampton Ave, Suite #11, Saint Louis, MO 63109 📞 (314) 397-0942 🔗 Request a visit or consultation
- Who Inherits Guns If a Husband Dies Without a Will in Missouri?
We see this question often when working with families and estate professionals. Firearms are considered personal property under Missouri law, but unlike furniture or jewelry, their transfer is governed by strict probate rules and federal regulations. When a husband passes away without a will, the question of “who inherits the guns” often creates confusion, and sometimes conflict. Families want to know: Does the wife automatically get the guns? What if there are children from another marriage? What if the heir lives in a different state? Let’s walk through a few common scenarios and what they mean for Missouri families. Last Will and Testament Paperwork - Saint Louis Scenario 1: Husband Dies Without a Will and Has No Children (Missouri law) If the husband dies intestate (without a will) and has no children, the surviving wife inherits everything, including firearms. The transfer is handled through probate, but there are no competing heirs. What this means for you: In this case, the spouse takes possession of the firearms directly, as long as she is not prohibited from firearm ownership under federal law. Scenario 2: Husband Dies Without a Will, With Children From the Marriage (Missouri law) When there are children and all belong to both husband and wife, Missouri law gives the spouse the first $20,000 plus half of the remaining estate . The children split the rest. What this means for you: The wife may receive some or all of the firearms, but depending on the size of the estate, certain firearms could be allocated to children through probate distribution. In many cases, the court or executor will require a certified appraisal to determine fair market value before deciding how to divide firearms among heirs. Scenario 3: Husband Dies Without a Will, With Children From a Previous Relationship (Missouri law) This is where things get complicated. If the husband has children from another relationship, Missouri law splits the estate: the wife receives one half, and the children share the other half . What this means for you: The spouse may inherit some firearms, but children from outside the marriage are entitled to a share. Disputes can arise quickly, especially if particular guns hold sentimental or collector value. In many cases, a certified appraisal helps ensure fairness when firearms are divided between a spouse and children. Scenario 4: Husband Dies With a Will Naming the Wife (Missouri law) If a valid will leaves the firearms to the wife, she inherits them unless the will is contested. Missouri probate courts generally uphold written intent, but firearms may still need to be formally inventoried and transferred. What this means for you: A clear will makes transfer easier, but the guns still go through probate paperwork. Scenario 5: Husband Dies With a Will Naming Someone Else (Missouri law) If the will leaves firearms to a child, friend, or other relative, the wife does not automatically inherit them. Probate follows the will. What this means for you: The wife may not receive any firearms unless she negotiates with heirs or buys them from the estate. Even with a will, firearms should be inventoried and appraised so probate paperwork reflects fair market value. Handguns and Probate Paperwork - Saint Louis Special Considerations Safe Storage During Probate Firearms should be secured immediately after death. Executors and administrators are responsible for ensuring they are stored safely and legally until probate determines ownership. This often means moving them into a locked safe, or in some cases, temporarily transferring them to a licensed dealer until the estate is settled. Guns Across State Lines If the surviving spouse lives in Missouri but heirs live in another state, federal law allows firearms to pass directly to the heir by inheritance, even across state lines, without going through an FFL. However, the heir must not be a prohibited person, and state laws in both Missouri and the heir’s state must be followed. In practice, many families and attorneys choose to use an FFL anyway, since it provides documentation and reduces the risk of non-compliance with varying state laws. NFA Firearms (Suppressors, SBRs, etc.) If the estate includes regulated items under the National Firearms Act, such as suppressors or short-barreled rifles, transfer requires ATF Form 5 approval before anyone can legally take possession, even the spouse. Final Thoughts Firearms add an extra layer of complexity to probate. While they are treated as personal property, both federal and state gun laws impose limits on how and when they can be inherited. Families who plan ahead, with appraisals, secure storage, and clear estate instructions, avoid many of the disputes we see in contested estates. 👉 For a deeper breakdown of scenarios that include blended families, heirs in other states, and contested estates, download our free guide : Serving Saint Louis City, Saint Louis County, and the surrounding Metro area 📍 visit us at: 6414A Hampton Ave, Suite #11, Saint Louis, MO 63109 📞 Call us 📩 Email
- Why Estate Professionals Need a Licensed SOT/NFA Dealer
When families or estate professionals face a firearm collection, most expect to see common items: a deer rifle, a shotgun, maybe a revolver or two. But every so often, something unexpected appears: a suppressor in the back of a safe, a short-barreled rifle, or a firearm with features that do not fit the usual categories. These are known as NFA firearms . They are regulated under the National Firearms Act and include suppressors, short-barreled rifles and shotguns, machine guns, and a class of items called “Any Other Weapons” (AOWs). Possession or transfer of these items without proper licensing is a serious federal offense. Peace of mind for professionals: no matter what’s in the safe, MDRF has it covered Protection for Professionals: No Matter What’s in the Safe For attorneys, fiduciaries, and families, the discovery of an NFA firearm raises immediate questions: How do you even know what qualifies as an NFA firearm? What paperwork or registration is required? Who is legally allowed to secure and remove these items during probate? This is where MDRF Enterprises provides confidence and protection Licensed SOT/NFA Dealer for Estate Firearms in Missouri MDRF Enterprises has operated for more than a decade as a federally licensed firearms dealer in Saint Louis, specializing in estate firearm appraisals and legal transfers. We are now also licensed as a Special Occupational Taxpayer (SOT) with the Bureau of Alcohol, Tobacco, Firearms and Explosives. For families and estate professionals, this means one simple but powerful assurance: no matter what kind of firearm turns up in an estate, including NFA firearms, MDRF can handle it legally, safely, and discreetly. Why Estate Professionals Must Address NFA Firearms Attorneys , executors, bank trust officers , and estate buyers all carry risk when unexpected firearms are found. A suppressor or short-barreled rifle may appear insignificant to the untrained eye, but if it is unregistered or mishandled, liability can land directly on the estate. By working with a licensed FFL and SOT dealer, you: Eliminate the risk of unlawful possession. Ensure all firearms, from the most common to the most highly regulated, are secured immediately. Provide clients and families with confidence that the collection is managed by professionals who understand federal and Missouri law. From the familiar to the unexpected, every firearm in an estate deserves professional handling. From the familiar to the unexpected, every firearm in an estate deserves professional handling. MDRF’s Commitment: Protection for Estate Professionals We are not positioning ourselves as a retail outlet for NFA firearms. Instead, our SOT status is a layer of protection for estate professionals . It means you never need to wonder if a collection is too complicated or too risky. MDRF Enterprises can take the entire collection, appraise it accurately, and guide it through the legal process. From a single .22 rifle to a vault containing suppressors, handguns, or historical pieces, you can trust that MDRF handles everything from start to finish. MDRF’s Commitment: Protection for Estate Professionals Firearms in estates are always sensitive, and NFA firearms raise the stakes even higher. Families should not attempt to evaluate or move them without proper expertise, and professionals should not accept the liability of handling them on their own. With MDRF Enterprises as your licensed FFL and SOT dealer, you can be certain that every firearm in an estate, no matter what it is, is managed legally, safely, and with discretion. 👉 Learn more about how we work with Estate Attorneys , Funeral Directors , Bank & Trust Officers , and Estate Buyers & Liquidators . MDRF Enterprises: Federally licensed FFL and SOT dealer, trusted for complete estate firearm handling MDRF Enterprises: Federally licensed FFL and SOT dealer, trusted for complete estate firearm handling Serving Saint Louis City, Saint Louis County, and the surrounding Metro area 📍 visit us at: 6414A Hampton Ave, Suite #11, Saint Louis, MO 63109 📞 Call us 📩 Email
- Why Firearms Must Be Valued in Estates
The Link Between Certified Appraisals and IRS Form 706 When a loved one passes, families and executors are often surprised at the level of detail required in estate settlement. For larger estates that meet federal thresholds, the IRS requires the filing of Form 706 (United States Estate and Generation-Skipping Transfer Tax Return) . This form is not just about real estate or bank accounts. It demands a complete accounting of all assets , including tangible personal property such as jewelry, artwork, vehicles, and firearms. IRS Form 706 requires estates to report the fair market value of all assets, including firearms. What the IRS Expects Form 706 requires that every asset be reported at fair market value (FMV) as of the date of death . For firearms, this is not as simple as looking at a receipt or checking a gun auction website. Market value depends on several factors: Make, model, and production year Rarity and collector demand Condition grading and originality Federal and state regulations that affect transferability Because of these variables, the IRS often expects a formal, defensible appraisal , especially for unique or high value firearms. Why Firearms Add Complexity Firearms stand apart from other categories of personal property for two reasons: they are regulated assets and they are highly variable in value . From a regulatory standpoint, not every firearm in an estate can simply be passed from one person to another. Federal law controls transfers across state lines, while Missouri law dictates what an unlicensed heir can or cannot do. If an executor mishandles a transfer, even unintentionally, the estate could be exposed to liability. From a valuation standpoint, firearms are closer to fine art than to furniture. Two rifles that look nearly identical to a family member may differ by thousands of dollars in market value depending on serial number range, factory configuration, or proof marks. Estate attorneys and fiduciaries often lack the specialized knowledge to identify these subtleties, which is why professional appraisal becomes critical. The Role of Certified Firearms Appraisals Not all appraisals are created equal. The IRS and probate courts prefer valuations that meet USPAP (Uniform Standards of Professional Appraisal Practice) . At MDRF Enterprises, we provide Certified Firearms Appraisals backed by training through the American Gunsmithing Institute and aligned with USPAP standards. Our reports are designed to be: Legally defensible if reviewed by the IRS or probate court Clear and detailed , documenting make, model, serial number, and grading Compliant with professional appraisal standards expected by attorneys and fiduciaries Appraising a S&W 686 Pistol Risks of Skipping a Proper Firearm Appraisal The risks of ignoring firearms or “guessing” their value go beyond tax issues. IRS scrutiny : Estates that underreport value may trigger questions, audits, or penalties. Firearms that are undervalued because of collector demand are especially likely to stand out. Overpayment of estate tax : Inflating value without proper justification can lead to higher tax liability than the estate should legally pay. Family disputes : Firearms often carry sentimental weight. Without a clear appraisal, disagreements over “who gets what” can escalate into costly conflict. Compliance issues : Executors who do not understand ATF and state rules risk making unlawful transfers. A certified appraisal not only sets value but also ensures that the firearm is properly identified, which is a first step in handling it legally. Court challenges : If an estate is contested, the absence of a certified appraisal weakens the executor’s position. A USPAP-compliant report provides an authoritative document that can withstand legal review. Helping Professionals Protect Their Clients For attorneys, executors, trust officers, and fiduciaries, firearms in an estate are not just another line item. They are regulated property that require special attention. MDRF Enterprises provides certified, professional appraisals that meet IRS and probate expectations. Final Word Estate settlement is complicated enough. When firearms are involved, the smartest approach is to ensure they are properly documented and fairly valued. For estates filing IRS Form 706 , a certified appraisal is not only best practice but also a way to avoid costly mistakes. MDRF Enterprises offers Certified Firearms Appraisals across the Greater Saint Louis area, supporting families, executors, and estate professionals with licensed, discreet, and compliant service. Contact Us Today | Request a Free Appraisal 📞 Call us 📍 Or visit us at: 6414A Hampton Ave, Suite #11, Saint Louis, MO 63109 📩 Email
- Why Firearms Must Be Accounted for in Probate
How Guns Can Delay Estate Sales and Property Transfers When an estate is opened in Missouri, the probate court closely oversees how property is managed. Most people understand that selling a home, paying off a mortgage, or transferring a lease often requires court approval. What is less obvious is that firearms, whether a single hunting rifle or a large collection, can create similar legal complications if they are not handled properly. These issues matter because firearms, unlike most household goods, are subject to both state probate rules and federal firearm regulations. If they are overlooked or mishandled, they can disrupt the entire estate process. Personal Property Transfer Paperwork Personal Property vs. Real Property in Probate Probate law treats real property and personal property differently, but both categories are subject to court oversight. Real property includes land, homes, and buildings. Courts often require approval before these assets can be sold, especially if the funds are needed to cover debts of the estate. Personal property includes everything else the decedent owned: vehicles, furniture, jewelry, collectibles, and firearms. Missouri law ( § 473.487 ) generally requires court permission to sell, mortgage, or lease significant personal property. Firearms fall into the personal property category, but unlike most personal property, they are federally regulated. This means they cannot be treated like ordinary household goods. A missed rifle or unrecorded transfer can carry as much risk to the probate process as the improper handling of a home sale.p. The Parallel with Real Property Probate law requires that real property, such as a house or land, cannot be sold without court authority unless the will gives clear permission or all heirs consent. Firearms follow a similar principle. They cannot be transferred or sold casually. Just as a home sale can be set aside if the process is not followed, firearms can stall the estate if they are not properly accounted for, appraised, and lawfully transferred. Missouri Rules for Selling Estate Property Under ( § 473.487 ), executors or administrators generally need court approval to sell, mortgage, or lease personal property belonging to the estate. For real estate, ( § 473.490 ) outlines when court intervention is required, particularly if personal assets are insufficient to pay debts. This framework highlights why firearms require special attention. They are personal property, but because they are federally regulated, they carry added legal weight. Just as an executor cannot sell real estate without court authority, firearms must be inventoried, appraised, and transferred in compliance with the law before the estate can move forward. Steps for Court Permission When executors need to sell estate property, the process generally unfolds in four steps: Petition to Sell – The executor, often through counsel, files a petition with the probate court describing the property and reasons for the sale ( § 473.493 ). Notice to Interested Parties – Beneficiaries and heirs are notified and given the opportunity to object. Court Order – If approved, the court issues an order specifying how and under what conditions the property may be sold ( § 473.500 ). Appraisal or Valuation – The court may require a formal appraisal to confirm the property’s fair market value. When Court Approval Isn’t Needed Missouri probate law provides certain exceptions where court approval may not be required: When the decedent’s will explicitly authorizes the executor to sell property ( § 473.457 ). When the estate qualifies for simplified procedures such as a Small Estate Affidavit , Refusal of Letters , or Determination of Heirship . When assets bypass probate entirely through planning tools like joint tenancy or transfer-on-death designations. When the personal representative is granted independent administration with expanded powers ( § 473.810.16 ). Court Approved Risks of Ignoring Firearms in Probate If firearms in an estate are not properly inventoried and appraised, several problems may follow: Court Delays – A judge may halt property sales or distributions until the firearms are resolved. Title Problems – Real estate closings can be delayed if the estate assets are incomplete. Heir Disputes – Beneficiaries may object if they suspect firearms were mishandled or sold informally. Compliance Risks – Federal law requires licensed transfers in many cases. An unrecorded or casual transfer can create liability for the executor. The Impact on Property Sales and Mortgages Executors often think of firearms as simple personal property, similar to furniture or jewelry. In reality, they are more like real property, tied to compliance rules and subject to probate oversight. A missed rifle or un-appraised collection can delay the sale of a house, stall a mortgage payoff, or complicate asset distribution. The result is frustration for heirs and additional costs for the estate. How to Protect the Estate Executors can reduce risk by: Identifying all firearms early in the probate process. Documenting and appraising them with the same care given to real property. Ensuring any transfer or sale complies with state and federal law. Keeping accurate records so the court can confirm the estate was managed responsibly. Final Word Probate is designed to protect both heirs and creditors. The court expects all significant property, including homes, land, accounts, and firearms, to be disclosed and handled correctly. Missouri law requires that firearms in probate be given the same attention as real estate. Treating them casually can stall the entire estate process. Careful inventory, appraisal, and lawful transfer protect both executors and heirs while allowing the estate to move forward without costly delays.
- The Executor’s Estate Settlement Guide to Firearms
Firearms and the Executor’s Role Settling an estate is never simple, and when firearms are involved, the complexity rises quickly. Unlike furniture or jewelry, guns are highly regulated and require specialized attention at each step of the settlement process. As executor, you must protect the estate, follow the law, and make sure firearms are handled with accuracy and care. The following steps outline how to integrate firearms into the standard estate settlement process without risking compliance issues. Related: Executor’s Dilemma: How to Legally Handle Guns in a Missouri Estate Will being Reviewed 1. Locate the Will or Trust Your first step is to locate the decedent’s will or trust documents. These outline your authority and may include instructions on distributing firearms. If no will exists, the estate follows intestacy laws, and the court may appoint you as administrator instead of executor. 2. Test for Probate or Trust Administration If the estate requires probate, you will file the will and petition the court to be formally appointed. If assets are held in a trust, the trustee manages settlement outside probate. The type of administration determines your authority when handling firearms. 3. Secure Assets, Including Firearms Executors must safeguard all estate assets immediately. That means securing real estate, documents, valuables, and firearms. Protect against loss, theft, or misuse while you prepare an inventory. With firearms, confirm that you are legally eligible to possess them. In some states, executors must meet firearms eligibility requirements or work through a licensed dealer. 4. Inventory and Appraise All Assets Every estate requires a detailed inventory. Firearms should be listed with: Make Model Serial number Condition For valuation, firearms must be appraised by a professional using recognized standards. If the estate is taxable, the values will be reported for IRS purposes, which requires certified appraisals. 5. Pay Debts, Taxes, and Expenses After completing inventory, you must settle debts and pay estate taxes. If IRS Form 706 is required, firearms must be included in the valuation. Supporting documentation from certified appraisals should be kept with tax filings. 6. Transfer or Distribute Firearms Legally Distributing firearms involves strict rules: Beneficiary within the estate: Use ATF Form 5 to register the transfer tax-exempt under Section 479.90a. You will sign as executor or personal representative. Non-beneficiary transfer: ATF Form 4 is required for a tax-paid transfer. You complete the form as executor with supporting documents. Direct hand-off to relatives: Some firearms can be transferred directly, provided the recipient is legally eligible to own them. Check state law before proceeding. Always check state laws for specific restrictions on executor licensing or cross state transfers. 7. Final Accounting and Closing the Estate After all distributions, including firearms, you will submit a final accounting to the probate court. This typically includes receipts, ATF paperwork, and evidence of lawful transfers. Once approved, you can close the estate. Estate Asset Paperwork Why Firearms Require Extra Care Many executors treat firearms like any other household item, but mistakes can create serious legal problems. Improper storage, transfer without ATF forms, or giving a firearm to an ineligible person can trigger liability. Handling firearms correctly protects both you and the beneficiaries. Summary Table: Estate Settlement with Firearms Step Estate Task Firearms Consideration Locate Documents Find will or trust Verify if firearms are addressed in estate planning Secure Assets Protect all property Ensure firearms are safely stored Inventory & Appraise Document estate items Catalog and appraise firearms professionally Pay Debts & Taxes Settle liabilities Include firearms in estate tax valuation Distribute Assets Transfer estate assets to heirs Use ATF forms and verify recipient eligibility Close Estate Final accounting and closure Include firearms transfer documentation Final Thoughts Firearms in an estate are not just another asset. They carry specific compliance requirements and risks if mishandled. As executor, your responsibility is to ensure firearms are inventoried, appraised, stored, and transferred in full accordance with the law. Doing so preserves estate value, prevents liability, and honors the decedent’s legacy responsibly. "Visit our Estate Firearms Guide for tools, legal resources, and downloadable handouts designed for professionals." Serving Saint Louis City, Saint Louis County, and the surrounding Metro area 📍 visit us at: 6414A Hampton Ave, Suite #11, Saint Louis, MO 63109 📞 Call us 📩 Email 👉 Request a Free Consultation
- 5 Gray Areas That Can Land Estate Professionals in Trouble with Firearms
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. Estate Guns on Table 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. Legal Firearms Paperwork 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 📍 visit us at: 6414A Hampton Ave, Suite #11, Saint Louis, MO 63109 📞 Call us 📩 Email 👉 Request a Free Consultation
- 5 Legal Pitfalls for Attorneys Handling Firearms in Probate
Introduction Probate attorneys in Missouri carry a heavy responsibility when estates involve firearms. While many attorneys focus on property transfers, debts, or tax obligations, firearms bring an entirely different layer of federal and state regulation. A simple oversight can place you, your client, or the heirs at legal risk. The ATF does not excuse mistakes made in good faith. Firearms are regulated property, and attorneys who guide probate settlements must understand where the pitfalls lie. Handgun and Gavel 1. Overlooking Firearms in the Inventory One of the most common errors is failing to identify firearms early in the probate process . Families often treat guns as personal effects, no different than jewelry or tools. However, firearms are subject to both Missouri law and federal firearms regulations. If they are not properly inventoried, a firearm could be transferred informally, leaving no legal record. This creates exposure for the attorney, the executor, and the heirs if questions arise later. 2. Assuming State Law Overrides Federal Law Missouri has relatively permissive gun laws, and many clients believe those rules govern inheritance. Under federal law, certain individuals are prohibited from possessing firearms, regardless of state legalization. Marijuana use, even with a valid state card, disqualifies an heir from firearm possession under (18 U.S.C. §922(g)(3)) . Transferring a gun to a prohibited person is unlawful and creates liability for the estate. Attorneys who assume state statutes alone control firearm transfers risk facilitating a federal violation. 3. Allowing Executors to Transfer Firearms Directly Executors may believe they can simply hand a firearm to an heir once ownership is confirmed by the court. Federal law does provide a narrow exception that allows executors to transfer firearms across state lines directly to heirs designated by a will or by operation of law, provided the heir is not prohibited. However, this exception does not cover NFA-regulated firearms, and it still leaves attorneys and executors exposed if eligibility questions later arise. The safest practice is to involve a licensed dealer (FFL), who can document the transfer and ensure compliance. Attorneys who fail to recommend this step place their clients at greater risk. 4. Ignoring NFA-Regulated Firearms Some estates contain firearms subject to the National Firearms Act (NFA), such as suppressors, short-barreled rifles, or machine guns. These items cannot be passed on like ordinary firearms. They require registration with the ATF and transfer via ATF Form 5 or Form 4. Unregistered NFA firearms are contraband and cannot be legally inherited. Attorneys who fail to identify or properly advise on these items could expose heirs to felony charges and expose themselves to malpractice claims. For more on the risks of overlooked items, including serialized receivers and hidden parts, see our guide on Hidden Firearms in Estates . 5. Failing to Secure Chain of Custody Firearms left in homes, storage units, or safe deposit boxes are vulnerable to loss, theft, or misuse during probate. If an heir takes possession before a lawful transfer is completed, liability may fall on the estate and the attorney overseeing the process. Proper chain of custody requires that firearms be logged, secured, and transferred under the supervision of a licensed dealer. In addition, firearms should be formally appraised so their value is documented as part of the estate’s personal property inventory. Attorneys who fail to ensure secure handling and accurate valuation leave their clients open to preventable legal and financial consequences. Chain of Custody Final Word from Drew For probate attorneys, firearms represent more than personal property. They are highly regulated assets, and even small oversights can lead to federal violations or liability. The safest course is to partner with a licensed FFL who can manage transfers, appraisals, and compliance. At MDRF Enterprises, we work alongside attorneys to make sure firearms in probate are handled lawfully and securely, protecting both families and the professionals who serve them. Quick FAQ Question: Can an executor transfer a firearm directly to an heir? Answer: No. Executors are not licensed dealers. Transfers must comply with federal law, and often require an FFL to ensure legality. Question: What happens if an estate contains an unregistered NFA firearm? Answer: Unregistered NFA firearms are contraband and cannot be inherited. They must be surrendered to the ATF. Question: Does marijuana use affect firearm inheritance? Answer: Yes. Under federal law, marijuana users are prohibited from possessing firearms, even if Missouri law permits medical or recreational use. Question: How can attorneys protect themselves? Answer: Work with an experienced FFL who can document, secure, and transfer firearms lawfully. This prevents liability for both attorneys and their clients. Serving Saint Louis City, Saint Louis County, and the surrounding Metro area 📍 visit us at: 6414A Hampton Ave, Suite #11, Saint Louis, MO 63109 📞 Call us 📩 Email 👉 Request a Free Consultation














