If you are serving as the executor of an estate, you may quickly find yourself overwhelmed. Settling an estate of a parent, spouse, or other loved one can take a very long time, particularly if the deceased passed away intestate or otherwise having a complex estate. Oftentimes, there can be a great deal of waiting, filing state paperwork, receiving claims from creditors against the estate, sorting through possessions and assets, settling disputes among heirs or beneficiaries, and so forth, all totaling up to 6-9 months or more.
The estate you are settling may, like many others in America, possess firearms. Therefore, disposing of estate guns legally, safely, and responsibly is of the utmost importance to you. Failure to do so may expose the estate or you to liability. Below are a series of reasons why estate firearms must be treated with special care, presented in a “Did You Know?” format. All of these pitfalls can be prevented by using the services of Legacy Arms Management.
- Did you know that distributing estate guns to heirs or beneficiaries is one of the biggest hidden sources of legal risk for estates?
- Did you know that giving a bequeathed gun to an out-of-state heir directly is illegal? If the heir/beneficiary lives in another state, he cannot be bequeathed an estate’s firearm directly without it being shipped to an FFL (Federal Firearms Licensee)/dealer in his home state. In other words, that heir must have the bequeathed gun shipped to dealer in his state and then complete a background check and transfer there. An out-of-state heir/beneficiary cannot come to the estate and pick through a gun collection and take a favorite piece or two without an intermediary dealer. Failure to do this violates 18 USC § 922(a)(5).
- Did you know that giving a bequeathed gun to an heir with any felony conviction or some misdemeanor convictions is illegal? Unless the heir has had his rights restored, an heir who has been convicted of any felony (including non-violent), a misdemeanor of domestic violence, or any crime punishable by more than one year in prison is barred from buying or possessing firearms, period. It does not matter if these convictions occurred one year ago or 30 years ago – the prohibition on possessing firearms is permanent and lifelong, without the restoration of rights. There are many other disqualifying statuses that can make heirs or beneficiaries prohibited persons under 18 USC § 922(g).
- Did you know that even temporarily lending an estate’s guns to out-of-state or prohibited heirs is illegal for the same reasons? These heirs cannot hold onto the guns, nor can they take them for safekeeping. There is no exception for estates or inheritance.
- Did you know that selling estate guns to the public requires these same responsibilities? This means an estate cannot sell a gun to an out-of-state buyer directly. The estate cannot sell a gun to anyone that the estate knows is a convicted felon or otherwise prohibited from owning guns. Ignorance of the law, sadly, is no defense here – the estate or executor can face criminal liability if estate guns are disposed of improperly.
- Did you know that estate guns are one of the biggest sources of disagreement among heirs? This may not be as much of a surprise, but estate guns can carry substantial financial value, and even greater emotional value to heirs. A father’s prized hunting rifle, an uncle’s well-worn duck gun, or a relative’s lifelong gun collection can drive a bitter wedge between heirs. One may see it as a family heirloom, another as a financial asset, and yet another may simply want it out of the estate.
This is where Legacy Arms Management comes in. We are fully licensed and insured to deal in firearms. We specialize in estate guns, and with over 20 years of firearms experience, we know the law, we know the market, and we know your firearms’ value.
Take the headache out of settling your estate’s firearms. We offer rapid, on-site, personalized service calls within our region and can usually offer same-day, fair-value, all-cash buyouts and removals for the entirety of your estate’s collection, if desired. We treat the estate with the respect and dignity it deserves. Unlike local dealers or gunsmiths, we won’t lowball you or leave you with unwanted guns.
Give us a call or get in touch with us today!
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