Estate Planning and Firearms: How to Pass Down Your Gun Collection the Right Way

For every gun owner, there will come a final gunfight. You won’t be there for it and you won’t get a say in who wins … unless you prepare now. Because when that day comes, the fight won’t be over ammo or accuracy. It’ll be over who inherits your guns.

Whether you own a modest collection of family firearms or a vault packed with high-value pieces, ensuring a smooth transfer to your heirs requires thoughtful estate planning. Without it, your collection could spark bitter family disputes, legal headaches or even government confiscation.

The Sentimental and Financial Value of Guns

Many gun owners assume their collection is a future goldmine for their family. You hear it often: “These guns are my grandson’s inheritance. When I’m gone, he can sell them and go to college.”

That may or may not be true. The value of a gun collection depends entirely on what you own, the condition of the firearms and how the collection is handled during estate settlement.

• Modern commemorative firearms like gold-inlaid 1911s often don’t appreciate as much as people expect because they were designed as collectibles from the start.
• Historic firearms, such as pre-WWI Colts, Winchester rifles or transferable machine guns, can be worth tens of thousands of dollars.
• Sentimental value often outweighs financial value. A grandparent’s well-used Winchester Model 97 might only fetch a few hundred dollars but could be priceless to a grandchild who remembers hunting trips together.

Why You Need More Than Verbal Promises

It’s common to hear family members say, “Grandpa said these were mine.” But unless that promise is backed by a proper legal document like a will or trust, it carries no legal weight.

Without a valid estate plan:

• Guns can be snatched by unscrupulous relatives before anyone notices.
• Collections can be liquidated to cover final expenses.
• Family disputes can turn ugly fast.

Wills: The Minimum Protection for Firearms

A will is the foundation of any estate plan. It legally designates who gets what after your death.

But beware:

• A handwritten property list isn’t a will. It might be ignored entirely unless properly executed.
• DIY will kits often cause legal nightmares. Probate courts regularly toss out defective wills.
• No will at all means the state decides. The law — not your family — determines who inherits what.

Probate battles over gun collections are common and emotionally charged. Even minor mistakes can lead to costly court disputes.

Gun Trusts: Better Protection, Fewer Headaches

For firearm owners, especially those with NFA-regulated items, a gun trust offers distinct advantages over a will alone.

Why Gun Owners Use Trusts:

• Avoid probate: Firearms transfer privately and efficiently.
• Legal use by trustees: Named “responsible persons” can lawfully use NFA items.
• Protection against institutional ignorance: Some banks and executors misunderstand firearms laws and may mistakenly confiscate guns. A trust mitigates this risk.

Smart Gun Trust Practices:

• Avoid labeling it a “gun” or “firearms” trust in the title to prevent problems with financial institutions.
• Keep an appendix listing all firearms. This remains private unless needed for legal purposes or proving ownership under a future ban.
• Exclude non-firearm assets to avoid confusion.

	WILL	TRUST
Probate	✔ Yes	❌ No
Privacy	❌ Public	✔ Private
Speed of Transfer	❌ Slow (months to years)	✔ Fast (avoids probate delays)
NFA Items	❌ Must go through probate	✔ Can be used and transferred smoothly within trust
Contestable	✔ Yes	❌ Much harder to contest
Cost	✔ Lower upfront cost	❌ Higher upfront, saves later

Trustees, Beneficiaries and Successor Planning

• The trustee (usually the firearm owner) manages the trust.
• Successor trustees step in if the original trustee passes away or becomes incapacitated.
• Always name a remainder beneficiary (often an organization like the NRA) to receive any property if all other beneficiaries are unavailable.

Selling Guns From an Estate: What Heirs Need to Know

If you inherit firearms but don’t plan to keep them, selling them involves legal, emotional and financial considerations. Understanding your options can save you from regret and potentially being taken advantage of.

Local Gun Shops:

Selling to a local gun shop is the most convenient but often the least profitable route.

• Quick and easy transaction. You’ll walk in with the firearm and likely walk out with a check or cash that same day.
• Lower payouts are the norm. Expect to receive about 50 to 60 percent of the firearm’s current retail value. Shops need to cover overhead like rent, insurance, staff, and taxes—and still make a profit when they resell it.
• Shops take on the risk. If the gun doesn’t sell quickly, that money is tied up on their shelf, which lowers the amount they can offer you upfront.
• No haggling over condition. If a gun needs cleaning or repair, the shop assumes that burden, reducing your sale hassle but also your payout.
• Legal compliance is handled. You won’t need to worry about background checks or paperwork—the shop manages the legal transfer process for you.

Online Auctions (e.g., GunBroker):

Selling online is the best way to maximize the value of rare, collectible, or high-demand firearms.

• Access a nationwide buyer pool. More exposure means better chances of getting top dollar, especially for desirable models.
• Competitive bidding increases profits. With the right listing and some luck, multiple bidders can drive the price well above local offers.
• Higher sales prices offset fees. Online platforms charge listing and final value fees, and you’ll also pay a local FFL (Federal Firearms License) dealer to handle shipping, but even with fees, the final amount often exceeds local shop offers.
• Requires more effort. You’ll need to photograph items, write detailed descriptions, answer buyer questions, and coordinate with FFL dealers for legal transfers.
• Paperwork is still mandatory. Even online sales require legal transfers through licensed dealers in both the seller’s and buyer’s states, ensuring compliance with federal and state laws.

Private Party Sales (Where Legal)

In states where private gun sales are legal without going through a dealer, you have another option, though it comes with risks.

• Potential for higher profits. No dealer cuts or auction fees mean you keep the entire sale price.
• Must know the laws. Some states require background checks or registration even for private sales; others don’t. Know the rules before proceeding.
• Risk of liability. If you unknowingly sell to someone prohibited from owning firearms, you could face legal consequences.
• Less buyer protection. You handle all aspects of the transaction, including vetting the buyer, collecting payment and generating a bill of sale.
• Family disputes may arise. Selling within the family can lead to misunderstandings if it wasn’t clearly outlined in a will or trust.

No matter which route you choose, never let anyone rush you into a sale. Emotions often run high when settling estates. Take time to verify legal requirements, confirm family expectations and ensure you understand the value of each firearm before making decisions.

Legal Restrictions Still Apply

A will or trust does not exempt firearms from federal, state or local firearms laws. Whether transferring, inheriting or selling guns, every responsible person must comply with the applicable laws, especially when it comes to NFA items and interstate transfers.

• NFA items require ATF approval to cross state lines.
  Suppressors, short-barreled rifles, short-barreled shotguns, machine guns and other National Firearms Act items cannot be transported across state lines without filing the appropriate ATF Form 5320.20 and receiving approval in advance. This applies even if the items are inherited by a lawful heir.
• Check state and local laws before moving or transferring firearms.
  Firearms that are perfectly legal in one state may be illegal in another. Some states prohibit certain types of firearms entirely, including NFA-regulated items, standard-capacity magazines or particular semi-automatic rifles. Always research both the originating and receiving state laws before making any move.
• Some states ban entire categories of firearms.
  States, like California, New York, New Jersey and Hawaii, among others, impose strict bans on many types of firearms and accessories. Inheriting or transporting banned items into these states, even through a trust can result in criminal charges, confiscation or fines.
• ATF paperwork is still required upon death of the owner.
  When an NFA firearm owner passes away, the executor must file ATF Form 5 (Application for Tax-Exempt Transfer) to transfer the items to lawful heirs. This form allows tax-free transfer but still requires full background checks and federal approval.
• You can’t inherit what’s illegal to own.
  If a firearm is prohibited in the recipient’s state or if the recipient is legally prohibited from owning firearms (e.g., due to a felony conviction or certain restraining orders), the transfer cannot occur. The gun may have to be transferred to another eligible heir, placed in a trust with appropriate safeguards or sold legally.
• Machine gun laws are particularly restrictive.
  Thanks to the Firearm Owners’ Protection Act of 1986, no new machine guns can be registered for civilian ownership. Only transferable machine guns registered before that date can be legally inherited or sold. Unregistered machine guns are contraband and cannot be made legal by inheritance. They must be surrendered or destroyed.
• Defensive use of certain firearms can trigger legal scrutiny.
  Even lawful use of NFA items in self-defense can lead to prosecutorial bias. One real-world case involved a firearms demonstrator in California who was prosecuted simply because he used a machine gun in lawful self-defense, despite being legally justified in the shooting. The jury acquitted him but only after expensive legal battles and job loss.
• Concealed carry laws do not cover NFA items.
  A concealed carry permit does not authorize carrying NFA items like suppressors or SBRs. Furthermore, concealed carry reciprocity does not extend to NFA-regulated firearms or accessories. Each state’s laws must be followed independently.

Protect Your Heirs, Protect Your Legacy

A trust won’t protect your loved ones from biased prosecutors or anti-gun laws, but it will protect them from confusion, disputes and costly probate battles. If you care enough about your heirs to pass on your firearms, care enough to do it right, with a properly drafted will or trust.

A properly executed will or trust can control who receives your firearms, but it doesn’t change whether the recipient is legally allowed to own them or whether the firearms themselves are legal in the recipient’s jurisdiction.

Before any transfer, sale, or transport, consult a firearms attorney or FFL with experience in estate planning to ensure full compliance with both federal and state laws.

This article is a compilation of previous CCM articles authored by K.L. Jamison and Ed Combs.