Estate Planning for Your Guns
Transferring firearms is a serious matter not to be taken lightly for obvious reasons. If done improperly the liability is virtually unlimited. For that reason, you should work with someone who has substantial first-hand experience rather than rely on a google search or even this article for that matter. However, it is my hope that this article will point you in the right direction to make sure your intentions are followed in a proper manner.
First, gun laws can vary by state and by the type of firearm. Below is some legalese that is good for you to be familiar with, but if your eyes start to glaze over then just skip ahead to the next section where I tell you my recommendation.
In Massachusetts, there is a specific provision applicable to the inheritance of a firearm:
“The transfer of a firearm, rifle or shotgun upon the death of an owner to his heir or legatee shall be subject to the provisions of this section [129c of MGL Chapter 140], provided that said heir or legatee shall within one hundred and eighty days of such transfer, obtain a firearm identification card or a license to carry firearms if not otherwise an exempt person who is qualified to receive such or apply to the licensing authority for such further limited period as may be necessary for the disposition of such firearm, rifle or shotgun;”
Also Under Massachusetts law:
Firearms must be stored in a locked container or with a tamper-resistant locking device.
You must be licensed by the Commonwealth to own, transport, transfer, purchase, or sell firearms.
Residents who sell, transfer, inherit, or lose firearms must report the sale, transfer, inheritance, or loss of firearms to the Department of Criminal Justice Information Services Firearms Records Bureau. Any loss, theft, or recovery of a firearm must be reported to the state and local police departments.
When the beneficiary is a non-resident, you should also take into consideration the state laws of where the beneficiary resides.
In addition to state laws, you must also be aware of federal laws, in particular the Gun Control Act of 1968 (CGA) and the National Firearms Act. Both laws are enforced by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Similar to the state law, the application of such federal laws vary depending on the type of firearm and the circumstances surrounding the transfer. Some of the federal rules are as follows:
It is unlawful to receive or possess certain unregistered firearms, which are contraband and cannot be registered later by the personal representative. Violations are felonies subject to fines and imprisonment.
It is unlawful to knowingly transfer firearms to prohibited persons (e.g., felons and drug addicts) and for such persons to receive firearms.
You must obtain a federal firearms license (“FFL”) for the sale and purchase of firearms; firearms that travel across state lines must be transferred using an FFL dealer.
So if you own a gun and plan on passing it onto your family members then what should you do?
Generally, if you can give the firearms to your intended beneficiary prior to your death then that is ideal. It would avoid a lot of the headaches and paperwork that your personal representative (the executor) would otherwise have to deal with.
To properly transfer your firearm, you should contact a federal firearms license (“FFL”) dealer. They will know the appropriate measures to take in properly transporting and ultimately transferring ownership of the firearm into your family member’s possession.
Although there may be exceptions that do not always require the use of an FFL, by using one you will have peace of mind in knowing that the transfer is done properly. Most importantly, you will have peace of mind in knowing that the intended recipient of the firearm has all their paperwork in order so there are no loose ends or liability on your part as the transferor.
If you have questions about your own estate planning, then give me a call at 781 202 6368, email jlento@perennialtrust.com, or click here to schedule your free personal consultation.
I’m always happy to help,
Joseph M. Lento, J.D.
Your Local Estate Planning Attorney
www.PerennialEstatePlanning.com
477 Main Street
Stoneham, MA 02180
