What To Do When Someone Dies With Firearms in Massachusetts

When a loved one passes away, there are countless legal and emotional matters to address. If the person owned firearms, the situation can become even more sensitive. Firearms are considered tangible personal property under Massachusetts law, but unlike most personal belongings, there are specific legal and safety rules governing how they can be handled, transferred, or stored after death.

1. Do Not Touch or Remove the Firearms

Even if you are a surviving spouse, the next of kin, or the Personal Representative named in the Will, it is imperative that you do not handle or transport firearms right away. In Massachusetts, it is illegal to possess or transport firearms without the proper License to Carry (LTC) or Firearms Identification Card (FID).

If you discover firearms in the home of someone who has died:

• Do not attempt to unload, move, or store them.
• Contact your local police department immediately to explain the situation.
• The police can safely secure the firearms, verify serial numbers, and ensure they are stored lawfully until the estate is settled. Oftentimes a Personal Representative will be allowed to take temporary possession of the firearms during any subsequent probate administration for safekeeping, without it being considered an illegal transfer.

This step is crucial for safety and compliance. Accidental possession of firearms without the correct license can lead to serious criminal penalties.

2. Firearms Are Categorized as Tangible Personal Property

When it comes to inheriting or attempting to gift your firearms to a friend or family member through your Will, it is important to understand how firearms are categorized in Massachusetts. Firearms are categorized as tangible personal property, just like jewelry, art, or collectibles. For a full overview of the difference between tangible and intangible property and why the distinction matters in your estate plan or estate administration, you can read our full legal blog here. This categorization as tangible personal property means:

• Firearms can be specifically bequested (gifted) to a beneficiary in a Last Will and Testament. It is best practice not to name the gift directly in the Will itself, but instead to utilize a Personal property Memorandum (PPM) to outline who you would like to inherit your firearms. The PPM allows you to amend and update and specific gifts of tangible personal property during your lifetime, without the need to update your entire Will.
• If your Will or PPM doesn’t specify who should receive your firearms, they will be distributed to the beneficiaries of your tangible property in your Will, if you die without a Will, they will pass through Massachusetts Intestacy Laws to your legal heirs. For a full overview of Massachusetts Intestacy laws, please read our legal blog here.

However, unlike most tangible personal property which can pass to anyone, the intended recipient of your firearms must be legally eligible to possess firearms under Massachusetts and federal law. If they are not licensed, additional steps are needed before the transfer can occur.

3. Transferring or Selling Firearms After Death

If the decedent’s firearms are not left outright to a specific person, the Personal Representative has several options, all of which must comply with Massachusetts firearms laws. These options include:

• Transfer to a properly licensed heir or beneficiary. The recipient must hold a valid LTC or FID card. The beneficiary or the Personal Representative must report the inheritance of the firearms to the Massachusetts Department of Criminal Justice Information Services (CJIS) and the Firearms Records Bureau (FRB) using the Massachusetts Gun Transaction Portal. This is done by filing an FA-10 form online.
• Transfer or sale through a licensed firearms dealer (FFL). This is often the safest way to liquidate firearms and distribute proceeds to estate beneficiaries. If a beneficiary does not wish to keep the firearms, the Personal Representative can use a Federal Firearm Licensee (FFL) to manage the sale of the items.
• Transfer to law enforcement for destruction or storage. In some cases, families choose to surrender firearms voluntarily to police for safekeeping or disposal if they have no use for them or do not wish to go through the structured process of selling firearms

4. Safety and Legal Considerations

Firearms management requires extra caution during estate administration. Keep these best practices in mind:

• Never assume your own license covers firearms that you’ve inherited. A personal LTC or FID does not automatically authorize you to possess someone else’s firearms. Even if you are licensed on your own, you must still follow the guardrails in place to report the inheritance and satisfy the requirements to legally transfer the firearms into your own name.
• Secure the location. Make sure firearms are not accessible to minors or unlicensed individuals while awaiting police or dealer pickup. The safest thing to do when someone passes away that you know owns firearms is to contact the police for further guidance.
• Avoid private transfers. All firearm sales or transfers must go through a Massachusetts licensed dealer or be properly logged with the Massachusetts Gun Transaction Portal. Attempting to sell firearms privately can have severe legal consequences.
• 180 Day Grace Period. Massachusetts allows for a 6-month or 180-day grace period for any beneficiary who has inherited a firearm to either obtain the necessary licensing required to keep the firearm, or to dispose of the firearm through a lawful sale or transfer. During the grace period, only the Personal Representative or law enforcement should be in possession of the firearms, while they wait for the lawful beneficiary to either obtain their license or sell the firearms

Address Firearms in Your Own Plan

If you own firearms, you can make things easier for your loved ones by addressing them directly in your estate plan. Because firearms are categorized as tangible personal property, you can leave them to a specific individual directly through your Will or the PPM. If you know you wish to leave your firearms to someone that is not currently licensed, you should inform them of your plans to allow them to proactively obtain their license before your death, which will ultimately streamline the transfer.

Additionally, some people will utilize a Revocable “Gun” Trust to outline their intended transfer plan. It is advisable to name a Trustee that is knowledgeable with current Massachusetts and Federal Gun laws. This will ultimate streamline the transfer of your firearms to the intended beneficiary. All lawful reporting and registration requirements of the firearm will still apply even if a trust is utilized.

Safety First When Transferring Firearms

Handling firearms after someone’s death requires a careful balance of legal requirements, public safety, and Massachusetts firearms regulations. The most important first step is not to touch or move the weapons, but to contact the police and your estate planning attorney for guidance on proper procedures. With the right approach, firearms can be lawfully secured and transferred to your intended beneficiaries, while keeping everyone safe and informed throughout the process.

If you have questions relating to the safe transfer of your firearms to a family member or loved one through your estate plan, please contact our estate planning attorneys today.

This blog is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By reading this blog you understand that there is no attorney client relationship between you and Lane, Lane & Kelly, LLP.