Your gun-loving uncle has just passed, and you’ve been named executor of his estate. You’re checking out his house, and you’re tripping over firearms everywhere you go. Even his underwear drawer has some guns stashed away. You have to deal with all these guns, but you don’t know the first thing about firearms in an estate. What do you do?
There are a lot of rules and technicalities around firearms and estates, and it’s easy to get overwhelmed with all the red tape. Here are some basic rules and guidelines to get you started:
Rule 1: If you don’t have a firearms license, don’t touch any guns. California law is very strict when it comes to firearms. Only people who have obtained a Firearm Safety Certificate can handle, store, or possess firearms. While you won’t get in trouble for simply touching a firearm, it’s better to play it safe and call in a firearms dealer who can properly store and secure the firearms, which leads to my next point.
Rule 2: Secure the firearms as quickly as possible. This is a rule, but it’s also common sense. No one wants the liability of a gun getting stolen or accidentally fired by someone who doesn’t know how to handle it properly. If it’s already in a secure place, such as a gun safe, then you can leave it alone for the time being. If it’s not in a safe place, you don’t have a safe place to put it, and/or you don’t have a Firearm Safety Certificate, then a firearms dealer can take possession of the firearms and store them for you until you’re ready to sell or distribute.
So what happens after that?
If you want to sell the firearms, you must do that through a licensed dealer. If you already called in a dealer to take possession of the firearms, then it’s simply a matter of authorizing them to sell the guns. Otherwise, loop one in now and give them the information they need to sell the firearms.
It gets a little trickier if a beneficiary wants the firearms or you plan to distribute them as part of the estate. First, the recipient must be qualified to handle and possess firearms, i.e., they have the Firearm Safety Certificate and are not a convicted felon or otherwise prohibited from owning firearms. Second, they must be a close family member living in California for a simple handoff, otherwise, it has to be distributed through a licensed firearms dealer. Third, state and/or federal rules may require specific forms to be filed or certain actions to be taken, depending on what kind of firearm this is and who is receiving it. When in doubt, talk to an attorney to determine what specific rules apply in your situation.
This only scratches the surface of what’s required when firearms are part of an estate. To learn more or if you need help creating a plan for firearms in an estate plan, please email Kelley at kaway@kawaylaw.com.
