How to Leave Behind Firearms in a Palm Beach County Estate Plan

For many Americans, their firearms represent an important legacy. Many firearms have been held by families for multiple generations, and some are genuine antiques. However, even modern firearms may have special, sentimental value – representing many hours of happy memories. Firearms can be tricky to include in your Palm Beach County estate plan, and you may need to consider various strategies when leaving them behind.

What the ATF Says About Firearm Inheritance 

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) states that a person may transfer a firearm to an unlicensed resident of their state – as long as the recipient is not prohibited from possessing firearms. If the recipient is a nonresident of your state, it may still be legal to transfer firearms to them as part of an estate plan. In other words, you can leave behind firearms to your beneficiaries even if they live in different states – something that would normally be impossible under ATF regulations.

Antiques or “Relic Firearms” Do Not Follow the Same Rules 

Some families may have extremely old firearms in their possession. These antiques or “relics” manufactured before 1918 may fall into a special category under Florida law, and they may not follow the same rules as other firearms. As long as ammunition for the firearm is no longer being manufactured, you may not need to worry about complex laws when leaving it behind. Instead, you can simply leave it behind to any beneficiary in your Will – just like a vehicle or house.

What If the Beneficiary Cannot Receive My Firearm? 

You might start to run into issues if your beneficiary is unable to receive the firearm you leave behind. This might be because they are under the age of 18. Alternatively, they might have a felony conviction on their record that makes them ineligible to possess any firearms. Your beneficiary might also be a resident of another state with more restrictive gun laws, and they may not have the necessary licenses/permits to receive and possess the firearm.

Note that even if your beneficiary is eligible to receive the firearm today, this might not be true tomorrow. After you create your estate plan, the beneficiary you named may be convicted of a felony and lose the right to receive the firearm. Finally, the firearms in your possession may now be “Title II” weapons – including fully automatic firearms. These firearms may have been legal for you to acquire many years ago, but they may now be illegal for your beneficiaries to inherit.

If the beneficiary cannot receive the firearm, the executor might have no other choice but to sell the asset and transfer the resulting funds to the beneficiary instead. In addition, the executor may be unable to receive the firearm for whatever reason. To address this issue, some Florida residents create “gun trusts” – also known as “NFA Trusts.”

Can a Palm Beach County Estate Planning Lawyer Help With Firearm Inheritance? 

If your firearms represent an important part of your family estate, consider discussing this topic further with a Palm Beach County estate planning lawyer. Various strategies may make it easier for you to leave behind firearms, and you can learn more by calling Kitroser Lewis & Mighdoll. Schedule your consultation today to get started with your estate plan.

Source:

 atf.gov/firearms/qa/whom-may-unlicensed-person-transfer-firearms-under-gca