End-of-Life Firearm Planning: Writing the Will and Briefing the Executor

Most wills handle firearms badly. They use vague language like all firearms to my eldest son, they do not list serial numbers, they do not address eligibility. And they leave the executor scrambling to figure out who can legally take possession. The result is delays, family arguments, occasional legal exposure for the executor, and sometimes firearms sitting in evidence lockers for years. Doing it right takes one afternoon and a written conversation with the chosen executor.

The first step is making a complete inventory. List every firearm by manufacturer, model, caliber, serial number, year acquired, original cost, current condition, and approximate current value. Note any accessories that go with each firearm (optics, sling, holster, spare magazines, ammunition reserves). Identify which firearms are antiques (manufactured before 1899, which under federal law are not classified as firearms in most contexts), which are curios and relics (firearms more than 50 years old that may have collector value), and which are regulated under the National Firearms Act of 1934 (suppressors, short-barreled rifles, short-barreled shotguns, machine guns). The NFA items follow special rules and absolutely require an attorney to handle properly.

The second step is naming a specific heir for each firearm. Generic language causes problems. Specific is better. Example: My Browning A-Bolt .270 rifle, serial number 12345AB67, with the Leupold VX-3 scope, goes to my grandson Michael Smith. If Michael predeceases me or is legally prohibited from owning a firearm at the time of my death, the rifle goes instead to my granddaughter Sarah Smith Williams. If both predecease me or are prohibited, the executor shall sell the rifle through a licensed FFL dealer and add the proceeds to the residue of my estate. That single sentence handles three scenarios cleanly.

The third step is confirming each named heirs eligibility. Federal law prohibits firearm possession by anyone with a felony conviction, a misdemeanor conviction for domestic violence, certain mental health adjudications, a dishonorable discharge from the military, a current protective order qualifying under federal law, and a few other categories listed in 18 USC 922(g). State law sometimes adds more categories. If you suspect a named heir might fall into one of these, talk to them directly or work with an estate attorney. A heir who is prohibited can still benefit from the firearm — the executor sells it and the proceeds go to that heir — but the firearm itself cannot be delivered.

The fourth step is briefing the executor. The executor does not need to be a firearms expert. But they do need to know that firearms exist, where they are stored, where the inventory is kept, where the safe key or combination is, who the named heirs are, which FFL dealer to use for any transfers, and which firearms-knowledgeable family member or attorney to call for help. Walk through the inventory with the executor while you are still able. Show them the safe. Show them the inventory document and where extra copies live (one in the safe deposit box, one with the estate attorney, one with the chosen executor). This single afternoon of preparation prevents most post-death problems.

Finally, plan for the unexpected. What if the named heir refuses the firearm? What if a firearm turns out to be stolen (sometimes a deceased relatives gun shop bought a firearm decades ago without a clear paper trail)? What if there are family disagreements about value? Address each one in the will or in a side memorandum the executor can refer to. A well-drafted firearm bequest section runs three to five pages in a typical senior will, and the cost to have an estate attorney add it usually runs 200 to 600 dollars.

(Sources: American Bar Association estate planning guides; ATF.gov inheritance and transfer guidance; National Rifle Association Civil Rights Defense Fund estate planning resources; Wolters Kluwer estate planning manuals 2026 edition)