Under federal law, people cannot transfer handguns to people who reside in other states unless they go through a federal firearms licensee. However, if you inherit a weapon from someone who lived in another state, the firearm can be transferred to you by the executor without having to go through a federal firearms licensee. However, you must be legally allowed to possess a gun in the state where you live. If you inherit a firearm, you also are not required to register it in Florida, but you might need to check the laws in the state in which the testator lived.
Who Cannot Possess or Own Firearms?
If you are legally not allowed to possess firearms, the executor cannot transfer a firearm to you even if doing so is called for in the will. instead, the executor could sell the weapon and give you the money. Under the federal Gun Control Act, the following individuals cannot possess or own firearms:
- People convicted of crimes that carry sentences of more than a year
- People who are fugitives from justice
- People who use or are addicted to controlled drugs
- People who have been adjudged mentally incompetent
- Undocumented immigrants and people who have been admitted with nonimmigrant visas
- People who received dishonorable discharges from the U.S. Armed Forces
- People who have renounced their U.S. citizenship
- People who are the subject of an active restraining order for domestic violence
- People who have been convicted of misdemeanor domestic violence offenses
- People who have been convicted of felony offenses
If you want to pass a firearm to someone who has blemishes on his or her record, you should speak to an experienced attorney to determine whether he or she is prohibited from possessing a firearm. However, antique guns that were manufactured before 1908 for which ammunition is no longer available in the U.S. do not fall under these prohibitions.
Benefits of a Florida Gun Trust
There are several benefits to establishing a Florida gun trust. While these are not required, they offer the following advantages:
- Multiple people can possess firearms held in a gun trust.
- Firearms governed by the National Firearms Act that are held in gun trusts do not have to follow the transfer rules of the ATF.
- Successor trustees who understand the state and federal laws can be named.
- Gun trusts allow firearms collections to remain private.
Talk to a Fort Lauderdale Estate Planning Lawyer
Planning how to pass a firearm in a way that complies with federal and state laws can be difficult. If you have firearms that you would like to pass to your loved ones, you should speak to Fort Lauderdale estate planning lawyer Rhonda D. Zimmerman, Esq. Contact the Law Offices of Rhonda D. Zimmerman, Esq. at (954) 822-7566.
