Firearms come with a variety of obligations and responsibilities, including legal ones. In the US, with its different state laws and other complexities, the way to approach how they fit into any estate plan is not straightforward.

Regular contributor Matthew Erskine of the legal practice, Erskine & Erskine, writes about an estate planning area that perhaps, surprisingly, doesn’t appear more often in North American articles these days, but then it is a contentious subject. Yes, we do need to talk about firearms. Some collections of firearms can be very valuable and may be part of an estate. They bring demands in terms of storage, ownership, licensing and control. This news service is unafraid to examine topics that might strike some as off the usual path, and controversial at times. As always, the editors don’t necessarily endorse all views of guest writers. If readers want to respond, please do so. Email tom.burroughes@wealthbriefing.com

When it comes to estate planning, it is crucial to carefully consider the inclusion of firearms in your plan. Firearms are unique in that they carry an inherent risk of legal peril, including potential criminal liability, if they are not transferred properly. To ensure a smooth and legal transfer of firearms to your heirs, here are some important factors to consider:

Understand the legal issues
Firearms ownership and transfer are subject to complex federal and state laws. It is essential to familiarize yourself with these laws and regulations to ensure compliance and avoid legal complications. Consulting with an attorney who specializes in firearms and estate planning can provide valuable guidance in navigating these legal issues.

Here are some key points regarding federal and state laws:

Federal laws
National Firearms Act (NFA): The NFA regulates the transfer and possession of certain firearms, including machine guns, short-barreled rifles, short-barreled shotguns, suppressors, and destructive devices. Transfers of NFA firearms require compliance with specific requirements, such as submitting an ATF Form 4 and paying a transfer tax.

Gun Control Act (GCA): The GCA establishes federal regulations for the transfer and possession of firearms in general. It prohibits certain individuals, such as convicted felons and individuals with domestic violence convictions, from possessing firearms.

State laws
Each state has its own laws and regulations regarding the transfer of firearms in estate planning. These laws can vary significantly, so it is important to consult the specific laws of your state. Some states have additional requirements or restrictions on the transfer of firearms, such as waiting periods, background checks, or registration requirements.

It is important that the transfer of firearms in estate planning comply with both federal and state laws. Consulting with an estate planning attorney who specializes in unique assets such as firearms, who can provide guidance on navigating these legal requirements and ensuring a lawful transfer of firearms to your heirs, is recommended.

Choose the right executor or trustee
Selecting the right person to administer your estate is crucial, especially when firearms are involved. Your executor or trustee should be knowledgeable about firearms laws and regulations to ensure that the transfer of firearms is done legally and safely. They should also be responsible and trustworthy individuals who can handle the unique regulations associated with firearms.

Consider a gun trust
A gun trust is a specialized trust designed to hold firearms. It can be a useful tool in estate planning for firearms owners. By transferring your firearms to a gun trust, you can ensure that they are inherited by the right individuals, and that the transfer is done in compliance with applicable laws. A gun trust can also help you avoid probate, maintain privacy, and provide clear instructions for the management and distribution of your firearms.

Keep accurate records
Maintaining accurate records of your firearms is essential for estate planning purposes. This includes documenting the make, model, and serial number of each firearm. These records can help ensure that the transfer of firearms is done legally and can assist the executor or trustee in managing your estate.

Consider a buyback program
If you have firearms that you no longer want or need, participating in a buyback program can be a viable option. These programs allow you to sell your firearms to law enforcement agencies or other organizations in exchange for cash. By participating in a buyback program, you can safely dispose of unwanted firearms and potentially prevent them from falling into the wrong hands.

Conclusion
Estate planning involving firearms requires careful consideration and adherence to legal requirements. By understanding the legal issues, choosing the right executor or trustee, considering a gun trust, keeping accurate records, and exploring buyback programs, you can ensure that the transfer of firearms in your estate plan is done legally and safely. Consulting with an attorney experienced in firearms and estate planning can provide valuable guidance throughout the process.