Having grown up in Western New York I have been an avid clay target shooter, gun enthusiast, hunter and machinist for most of my life. I relocated to Colorado in 1989 and thoroughly enjoy helping people. I am a Journeymen Machinist and Licensed Gunsmith and certified Armorer by six manufactuters. I have over 30 years’ experience as a Gunsmith, Reloader, Wildcatter, Gunsmith, Shotgun fitter, Shooting Coach, Machinist.
My instruction and teaching experience includes over ten years as a Gunsmith Instructor, Machine Shop Instructor and have written and taught over 1000 classes.
My Armorer Certifications include Sig Sauer, Glock, Beretta, Smith & Wesson, Mossberg
I am a FFL Dealer as well
Firearms are subject to federal and/or state laws
Certain types of firearms are subject to federal law and some are subject to state laws. In some cases, the firearms must be registered with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). For ATF-registered firearms, a “gun trust” is most often the appropriate estate planning tool. Some firearms are banned altogether, such as ownership of semiautomatic assault weapons as mandated by the Brady Handgun Violence Protection Act. There are also firearms that classify as a “curio or a relic,” if it was manufactured more than 50 years ago, and others that are considered antiques.
The beneficiary must be able to own a gun or firearm
When a client is identifying the proper recipient of a handgun or a firearm collection (including ammunition), it is important to discuss the beneficiary’s background. For example, the Federal Gun Control Act prohibits certain people from owning guns, such as felons or those deemed mentally incompetent. Most Jurisdictions prohibit gun ownership by certain legally incompetent and mentally incapacitated individuals, those convicted of certain drug offenses indicated by recent repeated misdemeanors, and those under the age of 18 (with some exceptions, including hunting).
Further, the beneficiary of a particular firearm would be subject to the restrictions on gun ownership in the beneficiary’s own state of residence. As a point of comparison, most jurisdictions restrict certain firearm ownership for those who are not citizens of the United States or mentally incompetent individuals. Handguns cannot be given to minors. Other states may restrict gun ownership further.
What happens if the firearm needs to be transported?
An additional consideration is whether the firearms will need to be transported. If a beneficiary resides in another state, then the other state’s firearm regulations need to be reviewed prior to delivery of the firearm to that beneficiary. It may not make sense to research the other state’s laws at the time of the estate plan drafting since the beneficiary may move to another state prior to the owner’s death, but certainly the executor or trustee needs to verify that the beneficiary is allowed to receive a firearm from a decedent’s estate. Many states require a criminal history record check before certain firearms can be transferred,