Leaving firearms/guns to my family and heirs

Whether a gun is an investment, heirloom, procured for sport or self-defense, one wants to be sure it is passed on in a responsible and legal manner to avoid your heirs having future problems with firearm ownership and to protect your selected Personal Representative from unintended severe legal consequences.

There are many regulations & issues involved in leaving guns to one's heirs. The National Firearms Act restricts certain firearms & accessories at the Federal level and a State may also have restrictions.

While there are many issues involved in leaving firearms via a Will or a Gun Trust, the few below considerations must be considered before deciding to give a firearm to an heir:

  • The laws in the State where the firearm is located
  • The laws in the State where the beneficiary lives
  • The eligibility of the Trustee to manage and handle the firearm
  • The eligibility of the beneficiary to receive the firearm

When an estate includes firearms, other weapons and/or firearm accessories, the Personal Representative or Trustee must pay close attention to multiple factors to avoid violating Federal and State laws. The improper transfer of a weapon to an heir could subject the Personal Representative or Trustee and/or the heir to criminal penalties. Even the act of just having the weapon appraised without going through the legal channels and proper procedure could result in the seizure of the firearm. There are additional issues that can arise if the heir resides out of Colorado. If firearms are a component of your future estate, it is advisable to discuss your situation with a knowledgeable attorney before including firearms/weapons in an inheritance. The attorneys with Fellows & Quenzer LLC can help you pass on your legacy to your heirs in this area of law. Please call us at 303-278-1605 to discuss your unique situation.

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