When a Florida gun owner dies, the personal representative must take possession of any firearms in the estate, keep them secure through probate, verify that the intended heir can legally own a gun under both Florida and federal law, and complete the transfer with proper documentation. Getting any of those steps wrong can expose you personally to criminal liability, so the sequence matters as much as the substance.
Secure the Firearms First
Before anything else, make the guns safe. If you know how to handle them, unload each weapon and store it in a locked container, separate from ammunition. If you don’t, call a local licensed firearms dealer or law enforcement for help rather than improvising.
Florida’s probate code gives the personal representative the right to take possession and control of the decedent’s property for purposes of administering the estate, and that authority extends to firearms.1Florida Legislature. Florida Statutes 733.607 – Possession of Estate Holding the guns during probate doesn’t make you their owner. It gives you custodial responsibility until they’re distributed or disposed of. If a weapon is stolen because of sloppy storage, or ends up with someone who shouldn’t have it, both the estate and you personally can face civil claims or criminal exposure.
Document each firearm by make, model, serial number, caliber, and condition, and photograph everything. That record goes into the estate inventory and protects you if anyone later disputes what was there. For valuation, a published guide like the Blue Book of Gun Values may be enough for a single common rifle; for larger collections or anything that looks antique or unusual, hire a professional appraiser. Estate appraisals typically run between $20 and $125. Do not clean older guns before an appraisal, as stripping original finish from an antique can sharply reduce its value.
Identify the Heir
Start with the will. If it names a specific person to receive a particular firearm or the collection as a whole, that bequest controls. If the will doesn’t mention firearms, they fall into the residuary estate and go to whoever inherits the remainder.
With no will, Florida intestacy rules apply. A surviving spouse typically takes the entire estate when all the decedent’s descendants are also descendants of the spouse and the spouse has no other children; if the decedent had children from another relationship, the spouse’s share drops to half.2Florida Legislature. Florida Statutes 732.102 – Spouse’s Share of Intestate Estate With no spouse, the estate passes to descendants, then parents, then siblings.
Naming the heir is the easier half. Before any gun actually changes hands, you have to confirm that person is legally allowed to possess it.
Confirm the Heir Can Legally Possess a Firearm
This is where estate firearm transfers go wrong most often. Transferring a gun to someone legally barred from owning one, even as an inheritance, can trigger felony charges against the personal representative.
Under Florida law, convicted felons cannot possess firearms unless their civil rights and firearm authority have been formally restored, and violation is a second-degree felony.3Florida Legislature. Florida Statutes 790.23 – Felons and Delinquents; Possession of Firearms, Ammunition, or Electric Weapons or Devices Unlawful Anyone subject to a current injunction for domestic violence, stalking, or cyberstalking is also prohibited, with violation charged as a first-degree misdemeanor.4Florida Legislature. Florida Statutes 790.233 – Possession of Firearm or Ammunition Prohibited When Person Is Subject to an Injunction Against Committing Acts of Domestic Violence, Stalking, or Cyberstalking; Penalties
Federal law reaches further. Under 18 U.S.C. § 922(g), a person cannot possess firearms or ammunition if they have been convicted of a crime punishable by more than one year in prison; are a fugitive from justice; use or are addicted to a controlled substance; have been adjudicated mentally defective or committed to a mental institution; are unlawfully present in the United States or admitted under a nonimmigrant visa; received a dishonorable military discharge; renounced U.S. citizenship; are subject to a qualifying domestic violence protective order; or have been convicted of a misdemeanor crime of domestic violence.5Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts
Some of these categories catch families off guard. A sibling with an old misdemeanor domestic violence conviction, or an adult child with a medical marijuana card, may be disqualified. When there’s any doubt, run the transfer through a licensed dealer who will conduct a background check.
Make the Transfer
Florida does not require a background check for private firearm transfers between unlicensed individuals. The state’s background check requirement applies only to sales and deliveries by licensed dealers from their own inventory.6Florida Senate. Florida Statutes 790.065 – Sale and Delivery of Firearms A personal representative can legally hand a firearm directly to an eligible in-state heir without going through a dealer.
Most estate attorneys still recommend using a dealer. The dealer will have the heir fill out an ATF Form 4473 and run the heir through the National Instant Criminal Background Check System before releasing the gun.7Bureau of Alcohol, Tobacco, Firearms and Explosives. Federal Firearms Licensee Quick Reference and Best Practices Guide That record is your shield if anything surfaces later. Dealer transfer fees usually run $25 to $75. Call ahead and explain this is an estate transfer rather than a purchase.
Dealer or not, create a written receipt for the probate file: make, model, serial number, caliber, date, the heir’s full name and address, and signatures from both of you. Florida has no state firearms registry, so this receipt is the primary proof the asset left the estate and reached the right person.
When the Heir Lives in Another State
Federal law generally prohibits transferring a firearm to someone in a different state, but 18 U.S.C. § 922(a)(5) carves out an explicit exception for bequests and intestate succession, provided the heir can legally possess a firearm in their home state.5Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts
The law is clear; the logistics are not. UPS and FedEx generally accept firearm shipments only from licensed dealers with pre-approved shipping agreements. DHL doesn’t accept firearms at all. The U.S. Postal Service has historically prohibited mailing handguns and other concealable firearms, though a January 2026 Department of Justice opinion found that prohibition unconstitutional as applied to constitutionally protected firearms, and the practical effect on Postal Service policy is still evolving.
The cleanest route is to ship the firearm from a licensed dealer in Florida to a licensed dealer near the heir. The heir picks it up, completes a Form 4473, and passes a background check. Two dealer fees, but no carrier headaches and clean documentation on both ends.
NFA and Title II Firearms
If the estate contains anything registered under the National Firearms Act — suppressors, short-barreled rifles, short-barreled shotguns, machine guns, or destructive devices — the rules change substantially. These items sit in a federal registry, and transferring one requires ATF approval before the heir takes possession.
You can legally hold NFA firearms during probate without that custody counting as a transfer, but only while the estate is open.8eCFR. 27 CFR 479.90a – Estates You have to submit a transfer application before closing probate.
When the NFA item goes to a named beneficiary or intestate heir, the transfer is tax-exempt and you file an ATF Form 5, with the estate as transferor, signed by you on behalf of the decedent.9Bureau of Alcohol, Tobacco, Firearms and Explosives. Application for Tax Exempt Transfer and Registration of Firearm – ATF Form 5 Include documentation of your appointment, a death certificate, a copy of the will, and any other supporting documents.
If no beneficiary wants the item, or it has to be sold outside the estate, you file an ATF Form 4 instead. Machine guns and destructive devices carry a $200 transfer tax; the current transfer tax on other NFA firearms, including suppressors and short-barreled rifles, is $0.10Office of the Law Revision Counsel. 26 USC 5811 – Transfer Tax The approval requirement applies regardless of the tax amount.
If something in the estate looks like an NFA item but you can’t find registration paperwork, don’t assume it’s registered. Possessing an unregistered NFA firearm is a serious federal crime. Contact the ATF’s NFA Branch directly to verify registration status; the Branch can disclose registration information to an executor who shows proof of appointment, and it can be reached at (304) 616-4500.11Bureau of Alcohol, Tobacco, Firearms and Explosives. Transfers of National Firearms Act Firearms in Decedents’ Estates
Antique Firearms Are Treated Differently
Firearms manufactured in or before 1898 are classified as “antique firearms” under federal law and are excluded from the legal definition of “firearm” entirely.12Office of the Law Revision Counsel. 18 USC 921 – Definitions The same exemption covers replicas that don’t use conventional ammunition and muzzle-loading black powder weapons that can’t accept fixed ammunition.
Antique firearms don’t require a background check, a dealer transfer, or ATF paperwork to change hands. They still have monetary value, sometimes significant value, so they belong on the estate inventory with a proper appraisal. When you aren’t sure whether a given firearm qualifies, treat it as modern until a knowledgeable appraiser or dealer confirms otherwise.
When Nobody Can or Wants the Firearms
If the intended heir is prohibited from owning a gun, or simply doesn’t want one, you have options.
Consigning the firearm to a licensed dealer is usually the cleanest. The dealer runs the sale, checks the buyer, and sends proceeds to the estate. The estate gets fair market value minus a commission, and you stay out of the retail transaction entirely.
You can also voluntarily surrender firearms to a local sheriff’s office or police department. Call the non-emergency line first to learn the procedure; some agencies send an officer to collect, others want you to bring the guns in. Never walk into a station with an unannounced firearm. Surrendered weapons are typically destroyed and produce no proceeds for the estate.
Destroying a firearm yourself is legal but has to meet ATF standards. The ATF requires cutting through the receiver with a torch at specific angles, removing at least a quarter-inch of metal per cut, and severing the receiver at a minimum of three critical locations.13Bureau of Alcohol, Tobacco, Firearms and Explosives. How to Properly Destroy Firearms A gun merely rendered non-functional without meeting those specs is still legally a firearm. For most personal representatives, surrender is far simpler.
Ammunition
Ammunition in the estate can generally go to an eligible heir alongside the firearms with no special paperwork, but the same federal list of prohibited persons applies: anyone who can’t have a gun can’t have ammo either.14eCFR. 27 CFR Part 478 – Commerce in Firearms and Ammunition Shipping ammunition out of state triggers hazardous materials packaging and labeling rules under carrier policies, and ammunition can never be packed in the same box as a firearm.15UPS. How To Ship Ammunition If the estate holds a vintage shotgun or rifle, don’t supply modern ammunition for test-firing; using the wrong cartridge in an older firearm can cause catastrophic failure, and the personal representative who hands it over may bear personal liability for the injuries that follow.