A nuance of estate planning that I learned about recently is the complications of transferring guns of a decedent. It’s not like designating your Grammy’s parrot brooch to the most fashionable grandchild.
Here to explain more is attorney Chris Hornbaker. Thanks to Chris for answering these basic questions of mine.
If You Own Firearms, Your Estate Plan Isn’t Finished.
Many responsible gun owners carefully follow purchase laws, storage laws, and carry laws… but overlook what happens to those firearms at death. That’s where problems quietly begin.
Here are three simple things every gun owner should understand:
- Why would someone set up a gun trust?
A gun trust allows firearms, especially regulated items like suppressors or short-barreled rifles to be legally owned, managed, and transferred under federal and state law.
It also allows multiple authorized trustees (like a spouse or adult child) to legally possess and use the firearms during the owner’s lifetime. Without that structure, even letting someone else have access can unintentionally cross legal lines.
At death, the trust provides a clear roadmap for who receives what and how it transfers. No guessing. No scrambling. No accidental felonies.
- What happens if guns are just handed to heirs without paperwork?
That’s where good intentions can create legal exposure. Certain firearms regulated under the National Firearms Act (NFA) cannot simply be handed over—even to family—without ATF approval and proper transfer documentation.
Skipping that step can result in an unlawful transfer, which results in felony charge. Even standard firearms must comply with state transfer requirements. “Dad wanted you to have it” is not a legal process.
As for NFA firearms, think of them as a small category of highly regulated items under the National Firearms Act. The most common examples are:
- Suppressors (often called “silencers”)
- Short-barreled rifles (SBRs)
- Short-barreled shotguns
- Machine guns (very rare and tightly restricted)
The one most people actually run into is a suppressor. They’re legal in many states, but ownership requires federal registration and approval. That extra layer of regulation is exactly why they need special planning in an estate context.
NFA items are legal, but they come with extra federal paperwork and approval requirements.
- Without a gun trust, is it difficult for an executor to sell firearms?
It can be. Executors must be legally authorized to possess the firearms during administration and must follow federal and state law when transferring or selling them. If NFA items are involved, the process becomes more technical and time-sensitive.
A properly drafted gun trust simplifies administration, provides clear authority, and reduces risk during what is already a difficult time.
From Kristi: Thank you, Chris, for sharing your expertise with us!
About Chris Hornbaker
Chris Hornbaker is the Managing Partner of Wyoming GunLocker Trust and Of Counsel with Davis Schilken, PC, serving clients in Colorado and Wyoming. He focuses on practical estate planning solutions, including firearm trusts designed to protect families while keeping them compliant with the law.
Website: www.wyoguntrust.com email: chornbaker@davisschilken.com
