The gun transfer process works a bit different from other forms of inheritance. Whether or not your loved ones will be able to inherit the firearms you leave behind will depend on several factors such as the state you live in, the persons you wish to inherit those guns as well as the the type of gun.
For instance, some firearms are subject to the National Firearms Act (NFA). These guns must be registered with the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). NFA weapons that are unregistered are considered contraband and cannot be passed down to an heir, even if your wishes are clearly stated in a will. The executor of the estate discovers any NFA firearms as part of the estate, they will be required to turn them over to law enforcement as “abandoned”.
For non-NFA firearms, an heir can go to a Federal Firearm Licensing entity who will hold onto the firearms until they are able to complete a background check and an additional holding period that can be up to 2 weeks in some cases. If you are unable to pass the background check, you will not be able to inherit those firearms.
A gun trust allows you to get around this lengthy process and allows you to avoid probate while passing your firearms down generation after generation. Another benefit of this specialized trust is that more than one person can use and possess the firearms held in trust by appointing multiple trustees.
Many gun owners are also concerned about proposed gun control regulations that encourages mass confiscation through estates. Speak to us today on how you can protect your firearms.
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