What to Do with a Gun When Owner Dies (Every US State)

Common Firearm Inheritance Laws

Gun inheritance laws vary by state. Some require you to inform authorities of the firearm inheritance, for example, but others don’t.

However, most of them have these in common:

• Generally, you can take ownership of a dead person’s gun if you’re the legal heir and are eligible to own guns. This means you don’t have any of the firearm possessor prohibitions specified by that state’s laws or the federal ones.
• If you’re the legal heir or executor of the estate, you can also dispose of the inherited gun.

Unless noted otherwise, assume these apply to the state being discussed below.

Alabama

• No background check necessary.
• No need to inform law enforcement.

Alaska

• No background check necessary.
• No need to inform law enforcement.

Arizona

• No background check necessary.
• No need to inform law enforcement.
• Possessor prohibitions include serving a term of imprisonment (Ariz. Rev. Stat. §§ 13-3101)

Arkansas

• No background check necessary.
• No need to inform law enforcement.

California

• No background check necessary if the heir is an immediate family member.
• The gun must be reported to CFARS within 30 days of taking possession.
• The heir must have a Firearm Safety Certificate or FSC.
• Added possessor prohibitions are found in the California Penal Code.

Colorado

• No background check necessary if the heir is an immediate family member.
• No need to inform law enforcement.
• Added possessor prohibitions are in the Colorado Revised Statutes.

Connecticut

• Background check required.
• The transferring FFL will report the gun to the Connecticut DESPP.
• The heir must have a Connecticut Pistol Permit, Eligibility Certificate, or Long Gun Eligibility Certificate (available from the CT DESPP).

Delaware

• Background check required.
• No need to inform law enforcement.
• Added possessor prohibitions are in 11 Del. C. § 1448.

Florida

• No background check required.
• No need to inform law enforcement.
• Added possessor prohibitions are in Florida Statutes § 790.23.

Georgia

• No background check required.
• No need to inform law enforcement.
• Added possessor prohibitions are in OCGA § 16-11-131.

Hawaii

• Background check required.
• The gun must be registered with the Honululu PD within 5 days of taking possession.
• The heir must have a valid firearms permit.

Idaho

• No background check required.
• No need to inform law enforcement.

Illinois

• Background check performed during Firearm Owners Identification Card (FOIC) application.
• No need to inform law enforcement.
• The heir must have a valid FOIC (430 ILCS 65).

Indiana

• No background check required.
• No need to inform law enforcement.

Iowa

• No background check required.
• No need to inform law enforcement.
• Add possessor prohibitions are in Iowa Code § 724.26.

Kansas

• No background check required.
• No need to inform law enforcement.

Kentucky

• No background check required.
• No need to inform law enforcement.

Louisiana

• No background check required.
• No need to inform law enforcement unless the gun is an SBS, SBR, or long gun with an overall length of less than 26 inches, a concealable gun with obliterated serial numbers, a machine gun, or a silencer. Such guns must be registered with the Department of Public Safety and Corrections (La. Rev. Stat. §§ 40:1781(3), 40:1783).

Maine

• No background check required.
• No need to inform law enforcement.
• Added possessor prohibitions include being prosecuted for committing a crime with a dangerous weapon (Me. Stat., 15 § 393(1)).

Maryland

• Background check required (Md. Code Ann., Pub. Safety § 5-204.1).
• If a handgun or regulated weapon, it must be registered using this form.
• Added possessor prohibitions include being convicted for violent crimes (Md. Code Ann., Pub. Safety § 5-101).

Massachusetts

• Background check required (803 Mass. Code Regs. 10.07(3)).
• Inherited firearms must be reported through the Gun Transaction Portal.
• The heir must have a Firearms Identification Card/FID or License to Carry/LTC required (Mass. Gen. Laws ch. 140, §§ 129B; 131F).

Michigan

• Background check required.
• If a handgun, an inherited gun must be reported through the Pistol Sales Record Form.
• The heir must have a license to purchase or acquire a valid Concealed Pistol License/CPL within 30 days of taking possession of the gun (MCL § 28.422 (8)).

Minnesota

• Background check required only for pistols.
• If transferring a pistol or semi-automatic military-style assault weapon without an FFL, a Private Party Record of Transfer should be filled out. Exceptions include transfers to estate executors, of antique firearms, or between immediate family members (2024 Minnesota Statutes 624.7134 Subd. 7).

Mississippi

• No background check required.
• No need to inform law enforcement.
• Possessor prohibitions include being intoxicated (Miss. Code Ann. § 97-37-13).

Missouri

• No background check required.
• No need to inform law enforcement.
• Possessor prohibitions include being intoxicated (Mo. Rev. Stat. § 571.060.1(3)).

Montana

• No background check required.
• No need to inform law enforcement.

Nebraska

• Background check only required for handguns.
• No need to inform law enforcement.
• The heir must have a Handgun Purchase Certificate, unless the transfer is between immediate family members.
• Added possessor prohibitions can be found at N.M. Stat. § 28-1206.

Nevada

• No background check required.
• No need to inform law enforcement.

New Hampshire

• No background check required.
• No need to inform law enforcement.

New Jersey

• No background check required.
• A Firearms Purchaser ID or purchase permit is not required for inherited guns (N.J.S.A. 2C:58-3(j)).
• No need to inform law enforcement.

New Mexico

• Background check required unless inheriting from immediate family members.
• No need to inform law enforcement.

New York

• Background check (and FFL transfer) required.
• Exceptions to the FFL transfer rule are guns not defined as “firearm” by NY law, e.g. long-barreled rifles and shotguns or antique firearms (NY Penal Law § 265.00).
• Estate executors must inventory firearms (SCPA § 2509).
• Heirs must have a Handgun License from the NYPD if the firearm is a handgun.
• No need to inform law enforcement.

North Carolina

• Background check required unless inheriting from immediate family members.
• No need to inform law enforcement.

North Dakota

• No background check required.
• No need to inform law enforcement.

Ohio

• No background check required.
• No need to inform law enforcement.

Oklahoma

• No background check required.
• No need to inform law enforcement.

Oregon

• Background check required unless the heir is a close relative (ORS 166.435(4)(d)).
• If the firearm is a pistol, the heir must notify the Department of State Police within 60 days (ORS 166.256(4)(h)(ii)).

Pennsylvania

• Background check (and FFL transfer) required for handguns (18 Pa.C.S. § 6111).
• No need to inform law enforcement.

Rhode Island

• Background check (and FFL transfer) required.
• No need to inform law enforcement.

South Carolina

• No background check required.
• No need to inform law enforcement.

South Dakota

• No background check required.
• No need to inform law enforcement.

Tennessee

• No background check required.
• No need to inform law enforcement.

Texas

• No background check required.
• No need to inform law enforcement.

Utah

• No background check required.
• No need to inform law enforcement.

Vermont

• No background check required.
• No need to inform law enforcement.

Virginia

• Background check required.
• No need to inform law enforcement.

Washington

• No background check required unless the firearm is a pistol (RCW 9.41.113).
• Inherited pistols must be transferred through FFLs (or the heir must get a Concealed Pistol License).
• Only inherited pistols need to be reported to the Washington Department of Licensing within 60 days of taking possession.

West Virginia

• No background check required.
• No need to inform law enforcement.

Wisconsin

• No background check required.
• No need to inform law enforcement.

Wyoming

• No background check required.
• No need to inform law enforcement.

How to Dispose of Inherited Guns in the US

If you decide not to keep an inherited firearm in the US, these are your main options for disposal:

• Sell the gun to a federal firearms licensee like Cash for Arms.
• Surrender it to local authorities like law enforcement officers.
• Destroy it legally using the ATF’s recommended methods.

Sell Your Inherited Guns to Us

If you’ve decided to dispose of your gun in a profitable way, show it to us. All you have to do is fill out our gun submission form (click on the red button at the top of the page to find it).

Both estate executors and heirs can sell guns legally to FFLs like us. We’ll send you an offer once we get your firearm details and take the gun off your hands for the best price possible.