Firearms collections are among the more legally complicated assets a person can leave behind. We see this regularly in West Michigan, from families along the Lakeshore to clients near Holland and Hudsonville. Grandpa’s hunting rifles, a passed-down pistol from the Korean War era, or a modern collection built over decades of responsible ownership can carry real sentimental value. They can also create legal questions for the family members who inherit them.
Firearms don’t always transfer the same way furniture or other personal property does. Thoughtful estate planning that accounts for firearm-specific rules under both Michigan and federal law can help families avoid unintentional violations. An improper transfer can carry serious consequences, which is why it is important to understand the rules before taking possession of an inherited firearm.
Michigan Treats Pistols and Long Guns Differently
Michigan law treats pistols and long guns differently for some transfer requirements. A pistol generally includes a firearm that is 26 inches or less in length, while rifles and shotguns may be subject to different requirements.
If your loved one left behind a deer rifle and a pistol, you should not assume the process for each is identical. Michigan’s requirements can depend on the firearm, the person receiving it, and whether an exception applies.
For pistols, Michigan law includes licensing and record requirements that may apply to an inheritance. A License to Purchase, or LTP, is a license used for certain pistol transactions. The applicable steps should be addressed before an heir takes possession rather than assuming the paperwork can always be completed afterward.
What the License to Purchase Process Looks Like
The process for receiving an inherited pistol can depend on whether the heir has a valid Michigan Concealed Pistol License, commonly called a CPL, or qualifies for another exception. A person who needs an LTP can generally obtain one through an appropriate Michigan law enforcement agency.
Applicants should be prepared to provide the identification and information required by the issuing agency. Because procedures and requirements can change, families should confirm the current process with the appropriate law enforcement agency before transferring possession.
A CPL can change which paperwork applies, but it does not necessarily mean there is nothing to do. A Firearm Sales Record, or FSR, is one form Michigan uses to document certain firearm transfers. The person handling an estate may need to complete applicable documentation before distributing a firearm.
The person administering the estate also has an important role. An executor or personal representative is the person authorized to manage and distribute estate property. If you’re serving in that role and pistols are part of the estate, the transfer should be handled with the same care as other legally regulated assets.
What Happens If the Heir Can’t Legally Own a Firearm
Not everyone can legally receive or possess an inherited firearm. State and federal restrictions can affect whether a particular beneficiary is allowed to take possession.
That does not necessarily mean the family’s only option is to surrender the firearm. Depending on the circumstances, lawful options may include transferring it to another qualified person, selling it through an appropriate process, or using another legally permitted method of disposition.
This is an area where families should be especially careful. An estate planning attorney or lawyer familiar with the applicable rules can help identify the steps required before a firearm changes hands.
NFA Items Require Additional Planning
If a collection includes suppressors, short-barreled rifles, short-barreled shotguns, machine guns, destructive devices, or other firearms regulated by the National Firearms Act, additional federal rules apply. The National Firearms Act, often shortened to NFA, regulates certain types of firearms and devices through federal registration and transfer requirements.
NFA-regulated firearms are subject to federal rules governing possession and transfer, with special procedures applying when the registered owner dies. An unlawful transfer can result in federal criminal liability, so families should determine how an NFA item is registered before attempting to distribute it.
An NFA firearm transferred from an estate to a lawful beneficiary generally uses ATF Form 5, the federal form used for certain tax-exempt transfers. The person authorized under state law to administer the estate may possess a decedent’s properly registered NFA firearm during probate without that possession itself being treated as an NFA transfer. The required federal process still must be followed before the firearm is transferred to a beneficiary.
This distinction matters. An executor should not assume that an NFA firearm can simply be handed to the person named to receive it. Instead, the person administering the estate should secure the firearm appropriately and determine which federal transfer requirements apply before changing possession.
Planning Ahead With a Gun Trust
For collectors with NFA firearms, a properly structured gun trust may provide a framework for managing trust-owned firearms during life and after death. A gun trust is a trust designed to own and manage firearms while accounting for applicable state and federal requirements.
When firearms are properly owned by a trust, the trust structure may help keep those assets outside the probate process. However, a gun trust does not eliminate federal firearms requirements. Any transfer of an NFA firearm to a beneficiary must still comply with applicable federal rules.
Careful planning also matters for firearms that are not regulated under the NFA. An estate plan should consider whether intended beneficiaries are legally permitted to possess the firearms they are expected to receive. Additional requirements may also apply when a beneficiary lives in another state.
Michigan law also allows a will to refer to a separate written statement or list disposing of certain tangible personal property. Depending on the circumstances, that tool may help identify which beneficiary should receive a particular firearm, provided the transfer itself is otherwise lawful.
What Ottawa County Families Should Know Before They Act
First, don’t assume you can move or distribute an inherited firearm before determining which rules apply. The requirements can vary based on the type of firearm, how it is registered, and who is expected to receive it.
Second, Michigan’s firearm laws have changed in recent years, including changes affecting background checks and firearm transfers. Advice that was accurate several years ago may not reflect today’s requirements. Families should work from current rules rather than relying on past experience.
Third, an estate containing both standard firearms and NFA-regulated items may involve different state and federal procedures. Those processes should be addressed separately so that a family does not accidentally treat every firearm in the collection the same way.
At Parakletos Law PLC, our law firm works with families in Ottawa County and communities such as Holland, Hudsonville, Zeeland, Allendale, and Jenison to build estate plans around the property and relationships that matter to them. Whether you’re planning ahead or already handling an estate that includes firearms, reach out to our law office before making a transfer that may be difficult to undo. Careful planning can help honor what your loved one built while keeping your family on the right side of Michigan and federal law.