This blog was updated in May, 2025
When it comes to firearm ownership, inheritance can get complicated. Even though you have your trust written out, certain laws govern what types of guns you can own and what individuals can inherit your guns. These guidelines surrounding firearm transfers can get confusing, especially from a legal standpoint, but there are ways to ensure that you follow exactly what is required of you.
What Happens When The Owner of a Firearm Dies?
When you are a firearm owner, you will want to make sure that your firearms are taken care of after your death. The laws surrounding gun ownership in California are very strict. But, gun regulations can also vary widely across the entire state. Local rules may also apply, depending on where the owner of the gun resides. When you die, it will be up to how you set up your estate on whether or not your guns go where you intend.
The complexities begin immediately upon the owner’s passing. Unlike many other personal assets, firearms are subject to a unique set of federal and state laws that dictate their transfer. In California, these laws are notably stringent and designed to control who can possess firearms and how they are transferred. This means that a simple declaration in a will stating “all my firearms go to my son” may not be sufficient or legally enforceable without further action.
The responsibility for navigating these regulations often falls to the estate’s executor or administrator, who may have little to no prior experience with firearm law. The interplay between federal law (like the National Firearms Act) and California-specific regulations creates a dense legal landscape that can be difficult to traverse without expert guidance. Local ordinances, which vary from city to city and county to county, add another layer of complexity, making the transfer process highly dependent on the decedent’s specific residence. Without careful planning and clear instructions, firearms could end up in legal limbo, risking non-compliance and potential penalties for the estate or intended beneficiaries.
Trust & Estate Administrator Responsibilities
If you have found that there are firearms that are involved in an estate plan of someone who has passed, then there are certain steps that you will want to do.
Examine Planning Documents
Go through all the documents associated with the deceased individual, ensuring that you check documents that are specifically related to firearm ownership. This might include receipts and registrations. You will also want to determine if any specific beneficiaries have been named and get into contact with them. The initial phase for any trust or estate administrator involves a meticulous review of all the deceased individual’s legal and financial documents.
This isn’t limited to the will or trust but extends to any separate memoranda or instructions pertaining specifically to firearms. Look for purchase receipts, registration documents, and any permits or licenses associated with the firearms, as these provide crucial information about the legal status of the weapons. It’s equally important to identify if the deceased had a separate inventory of their firearms or if they had explicitly named beneficiaries for specific weapons outside of the general estate plan. Communicating with these named beneficiaries early in the process is vital, as their eligibility to inherit firearms under current state and federal laws will be a primary determinant of the transfer process.
This preliminary examination sets the stage for understanding the scope of the firearm collection and the intended disposition, which is fundamental before proceeding with any transfer actions.
Determine Gun Trust Status
Did the deceased person set up a gun trust? This is something that you will want to determine right away. A gun trust may be revocable or irrevocable. The grantor has the ability to put any owned firearm into the gun trust. However, it is typically used for weapons under Title II of the NFA, or National Firearms Act. A gun trust helps to promote the smooth process of transferring weapons after a death, as this helps to ensure that the trust or estate administrator acts in compliance with gun laws.
The existence of a gun trust is a pivotal factor that significantly simplifies the firearm transfer process upon death. A gun trust, also known as an NFA trust, is specifically designed to hold and manage firearms, particularly those regulated under the National Firearms Act (NFA), such as suppressors, short-barreled rifles, and machine guns. If the deceased established such a trust and properly transferred their firearms into it during their lifetime, the trust itself dictates the terms of ownership and transfer. This mechanism bypasses many of the individual transfer requirements that would otherwise apply, as the firearms are owned by the trust, and it is the trust’s terms that govern their eventual distribution to beneficiaries.
The trustee, appointed within the gun trust, is empowered to manage these assets according to the grantor’s instructions, ensuring compliance with NFA regulations and California state laws. This avoids the need for new background checks and transfer taxes for each beneficiary as long as they remain within the trust structure, streamlining what can otherwise be a complex and time-consuming process for the estate administrator.
State and Federal Law for Firearms
State and federal laws both govern firearm transactions. The trust or estate administrator has the responsibility to act in accordance with all gun laws. This includes at every step of the transfer process. Without a gun trust, this could open up the administrator to accidentally making a mistake. If the administrator allows the transfer to occur, but has broken a law, they have the potential to be prosecuted. The dual layers of federal and state firearm laws create a labyrinth for estate administrators. Federal statutes, primarily the National Firearms Act (NFA) and the Gun Control Act (GCA), establish baseline regulations for firearm ownership and transfer. However, California law layers its own extensive and often more restrictive requirements on top of these federal mandates.
For an estate administrator, understanding the intricacies of these overlapping legal frameworks is critical. For instance, while federal law allows for certain intra-family transfers without a licensed dealer, California generally requires all firearm transfers, including those between family members, to go through a licensed firearms dealer (FFL), often involving a background check.
Failing to adhere to these specific requirements, such as neglecting a background check or improper registration, can expose the administrator to severe legal repercussions, including felony charges, substantial fines, and even imprisonment. The absence of a pre-established gun trust places a heavier burden of due diligence on the administrator, as they must personally ensure every step of the transfer complies with all applicable regulations to avoid legal liability.
Government Approval and Transfer of Firearm Ownership
Weapons that are transferred that are being governed by the NFA will need to also be approved by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Depending on your situation, different laws may be governing the transfer. When inheriting firearms in California, you will need to register the transfer or properly dispose of the weapons. A dedicated estate planning attorney can help you better understand which laws and guidelines apply to you.
The transfer of NFA-regulated firearms (e.g., machine guns, short-barreled rifles, suppressors) is particularly complex and requires explicit approval from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). This approval process typically involves submitting specific ATF forms (such as Form 4), undergoing a thorough background check, and paying a federal transfer tax. The waiting periods for these approvals can be extensive, sometimes lasting many months. Even for non-NFA firearms, California law mandates specific transfer procedures. Generally, all transfers of firearms, including those inherited within a family, must be processed through a California licensed firearms dealer (FFL). The FFL will conduct the necessary background checks (DROS – Dealer Record of Sale) on the recipient and ensure compliance with all state and federal regulations before the firearm can be legally transferred.
NFA Transfer Tax
The NFA, or National Firearms Act, determines how individuals purchase, use and own certain weapons. All NFA weapons will need to have a tax imposed on them in order for them to be transferred. However, that is not the only requirement needed in order for the transfer to be completed. The estate planning documents may detail how the deceased person would like their firearms distributed out to their beneficiaries. If this is the case, you will need to get into touch with them and they will also need the signature of a Chief Law Enforcement Officer. But, these signatures have been known to be difficult to obtain. You may not need to submit a transfer tax or get a signature in some instances, including if there is ownership of a Title II weapon and it is in the possession of a trustee with a California Gun Trust. Gun Trusts are also known as NFA Trusts and they are designed to help with the possession, ownership, and transfer of NFA weapons. This is specifically true for during the life and upon the death of the person that has the Title II weapon in their possession.
The NFA imposes a specific transfer tax on the transfer of Title II firearms, which currently stands at $200 for most NFA items. This tax must be paid for each item being transferred, unless a specific exemption applies, such as a transfer from an estate to a trust for the benefit of the same beneficiary. Beyond the tax, a key requirement for NFA transfers to an individual (outside of a gun trust) involves obtaining the signature of the Chief Law Enforcement Officer (CLEO) of the recipient’s jurisdiction. This can be a significant hurdle, as some CLEOs may refuse to sign or may have lengthy administrative processes.
Compliance with Federal Law
You will always want to consult your local, state, and federal laws regarding gun ownership before you make any decisions when it comes to possession and transfer. These laws could coincide or contradict with each other, as well as could differ when it comes to sales and transfers. Unlawful possession of a NFA firearm is taken seriously and may be strictly enforced including, but not limited to, up to ten years in prison and a hefty $250,000 fine.
The overlapping nature of federal, state, and even local firearm laws means that an act that is permissible under federal law might be illegal under California statute, or vice versa. For an estate administrator, the onus is on them to conduct thorough due diligence to ensure that both the firearm itself is legal in California and that the intended recipient is legally eligible to possess it. Ignorance of the law is not a defense, and the penalties for non-compliance with NFA regulations, in particular, are severe.
How to Get a California Gun Trust
A California Gun Trust can ensure that you are in compliance with the laws governing gun ownership and transfer. It is professionally recommended to not attempt to establish a gun trust on your own. Any mistakes that occur on your gun trust would cause you to be penalized. Establishing a California Gun Trust is a highly specialized area of estate planning that goes beyond standard trust drafting. It requires an in-depth understanding of both federal NFA regulations and California’s unique and often complex firearm laws, including recent legislative changes.
Attempting to draft a gun trust without specific expertise can easily lead to critical errors, such as improper funding, incorrect beneficiary designations, or clauses that fail to comply with state-specific prohibitions. Even seemingly minor omissions or errors in the trust document can render it invalid for NFA purposes, leading to severe legal penalties for the grantor and future trustees or beneficiaries. Given the stringent nature of firearm laws and the severe consequences of non-compliance, seeking professional legal assistance from an attorney specializing in California gun trusts is not merely recommended, but essential. They can ensure your trust is meticulously drafted, properly funded, and fully compliant with all applicable laws, providing the intended protections and facilitating smooth, lawful transfers.
Benefits of a California Gun Trust
There are some benefits to including a gun trust as part of your estate planning process. These include:
- Avoid Transfer Requirements: Inheritors of firearms that have been passed down may be able to avoid transfer taxes, requirements, and forms. The firearms will be within the owner’s trust. After their death, the firearms will be granted under the trust’s terms. This benefit applies particularly to NFA items. When NFA firearms are held by a properly formed and funded gun trust, ownership technically remains with the trust even after the grantor’s death. This means that a “transfer” of the NFA item from the deceased individual to a new individual (the beneficiary) does not occur in the same way it would outside of a trust. Instead, control over the NFA item simply shifts among the designated trustees and beneficiaries of the trust according to its terms.
- Assists The Executor: After the owner’s death, the executor will have much to go through while handling the estate. They may not be familiar with all the laws governing gun ownership. A gun trust can help the executor with the process, as well as help them to avoid making mistakes that could lead to legal trouble. The role of an executor or personal representative is already demanding, encompassing financial management, asset distribution, and debt settlement. When firearms, especially NFA items, are part of the estate, the complexity escalates dramatically. An executor who is unfamiliar with the labyrinthine federal and California firearm laws faces a significant risk of inadvertent non-compliance, which, as noted, carries severe penalties. A well-drafted gun trust explicitly outlines the rules for possession and transfer of the firearms within the trust.
- Avoid Probate: Firearms that are within a trust are not subject to probate. However, if firearms are not within an owner’s trust at the time of death, then those firearms may need to go through the probate process. This process can be costly and could be time-consuming. Probate is the legal process through which a deceased person’s will is proven valid and their estate is administered, often involving court supervision. In California, probate can be a notoriously slow and expensive process, potentially tying up assets for months or even years, and incurring significant legal and administrative fees. When firearms are properly titled in a gun trust during the grantor’s lifetime, they are considered assets of the trust, not personal assets of the deceased’s probate estate.
Speaking with a Professional California Estate Planning Attorney
Navigating through the local, state, and federal laws surrounding firearm ownership and transfer can be overwhelming. One misstep and you could be faced with life-changing consequences. At Galanti & Copenhaver, our dedicated team of professional California estate planning attorneys understand the complexities surrounding weapon transfers.
Give our team a call today to set up an initial consultation to go over our estate planning services.