What do you want done with your guns when you die?

“A well-oiled and stored gun is going to last a lot longer than you are…“

WHAT DO YOU WANT DONE WITH YOUR GUNS WHEN YOU DIE?

Let’s dive into this a bit. A well-oiled and stored gun is going to last a lot longer than you are. Gun ownership can be something hard that befuddles your family when they’re trying to clean up your estate. My suggestion is to treat guns like any of your other assets, whether it’s sporting equipment or tools: pare down to what you simply must keep and dispose of the rest. Because of firearm regulations, you need to know some of the finer points about weapon inheritance, though.

Massachusetts is the state I know best and has the harshest weapons rules, so we’ll look at the process as it would unfold in Massachusetts.

What Happens When Somebody Inherits a Gun

If someone inherits a weapon who is not licensed to own a gun in Massachusetts, they have six months to get the guns out of the estate. It can be tricky to just hand them to heirs, though, as Massachusetts requires that anyone with a handgun or a high-capacity shotgun or rifle, or magazines for any weapon, have a License To Carry (LTC) a concealed weapon in addition to a basic Firearms ID (FID) card.

If all you’re talking about is a shotgun or a rifle that can’t take a clip, you still need a Firearms ID Card in Massachusetts. An FID says you’ve had a basic gun safety course and can pass the background checks necessary to own weapons. The higher-level LTC also requires special permission from your local police department. These licenses are good for six years. If you let it lapse then you are no longer legally allowed to own weapons in Massachusetts and should turn the weapons in to your local police department for secure storage until you can transfer them legally.

If you or your heirs are not legally allowed to own guns, or are unable to securely store them, an expensive default is that the police department will store your weapons in a vault and charge you rent, sort of like an impound lot for a car. In most scenarios, you’d be better off just selling the weapons. The vault fees can quickly add up to more than the worth of the gun.

How Do You Sell Weapons?

As I said at the outset, keeping only what you need and disposing of the rest makes things tidier for your estate, especially if your heirs do not have an FID or LTC. Here are two ways to sell weapons:

If you are an existing licensed owner (or the heir during the first six months) you can transfer them to other licensed owners using a form online. (It used to be called an F-10.) (Note that this form requires both your LTC/FID # and the six-digit PIN you were assigned, so make sure this information is available to your heirs.)

Sometimes you can ask a gun dealership to be the middle-man in a private sale out-of-state, if you sold it online, for example. (If your license has lapsed the guns CAN ONLY be sold to a licensed gun dealer.)

What to Do with Guns Not Worth Selling

What if selling your guns is just not going to be worth the bother? Your old .22 might be the equivalent of an 80-year-old yard rake: a tool that did its job and just isn’t valuable anymore. In that case, consider turning it into the police department. They will happily destroy it, and probably even give you a gift certificate for some Dunkin Donuts.

Another option may be to sell it to a group that buys back weapons at market value and then destroys them. These raise funds from people who are trying to reduce the number of guns on the street —many of which were stolen from lawful owners. They offer to buy-back specific types of guns that are chosen by the donor to the charity. That means you’re unlikely to find anyone fervently trying to get double-barreled shotguns off the street. Reserve this option for tricked out “assault” weapons. Whether you are of that mindset or not, you probably agree that it’s a good idea not to have a bunch of stolen AR-15s on the streets. Selling it to a charity is one way to get cash for your heirs while reducing gun crime. (A favorite way for criminals to get guns is to read obituaries and then break into houses during funerals.) 

Who Wants Your Guns

The last option, I think, is to assume some unspecified heir wants them. Drill down on this: Who? Do you have fond memories of going deer hunting with your grandson? Offer him (or his parents) your favorite deer hunting gun if you want, but chances are he either has his own or really doesn’t want the bother. Perhaps you’re concerned that your well-thought-out armory should be available to your heirs in case they need to defend against a tyrannical government. Just know that this lifestyle isn’t for everyone, and if it is for them because that’s how you raised them, they will happily accept your offer. If it’s NOT their style, well, that’s okay, but it’s time to look at some of the options identified previously.

The point is, do NOT plan to leave your weapons to unidentified potential heirs. If you can’t identify the heir and do a legal hand-off, dispose of them yourself instead. My father-in-law, for example, disposed of all but his favorite handgun when he turned 80. Although he was active in firearms training and sport shooting, that was in his younger days and it just wasn’t going to be his future. He didn’t want to foist the weapons on us. He offered us the specific pieces we wanted and sold the rest. I appreciate that he didn’t assume his toddler grandchildren would enjoy good mental health and solid marriages. If they do, they can go buy their own guns someday, just as he did.