Giving or Receiving a Gun as a Gift

The probate process for firearms is the same as for other property, with some restrictions. Because the estate representative is in charge of securing and distributing estate property, they must be able to legally possess firearms under state and federal law. If they don't, the court must appoint someone else to administer the estate.

You also can't inherit a firearm unless you can legally possess one. Disqualifying factors may include:

• a felony or domestic violence conviction;
• illegal drug use or addiction;
• being in the U.S. illegally;
• history of mental comittment;
• being underage;
• other conditions.

Additional complications may arise when it comes to transporting guns across state lines and inheriting certain types of restricted weapons.

You can find more information about firearm laws in our Gun Laws guide. The library cannot determine who can or cannot own a gun, so you may want to talk to an attorney if you have any questions.

Understanding the Law

Federal law prohibits "straw purchases." A straw purchase is when a person buys a gun on behalf of a person that they know or believe:

• is prohibited by law to have a gun
• intends to carry, use, possess, or dispose of the gun for a felony offense, terrorism, or drug trafficking.
• intends to give or sell the gun to another person who is prohibited by law to have a gun

This offense is prohibited under federal law. It carries a potential prison sentence of up to fifteen years, or up to 25 years if the offender knew or had reason to believe that the gun would be used for a felony offense, terrorism, or drug trafficking. 

Federal Law

Understanding the Law