In New Jersey, guns are considered part of a deceased person’s estate and are subject to both state and federal laws. Here’s an overview of what happens to the firearms you own when you die:

Transfer to Heirs or Beneficiaries

• If the deceased had a will, the firearms would pass to the named beneficiary.
• If there was no will, they pass according to New Jersey intestacy laws.

Legal Ownership Requirements

• The heir or beneficiary must be legally eligible to own firearms in New Jersey. This means they must have a New Jersey Firearms Purchaser Identification Card (FPIC) or a Permit to Purchase a Handgun (PPH) if a handgun is involved.
• If the heir is prohibited from owning firearms (e.g., due to criminal history, mental health disqualifications), they cannot take possession.

Registration and Permits

• New Jersey requires strict compliance with its firearm laws. If the heir resides in New Jersey, they should ensure they have the proper permits before taking possession.
• If the heir lives out of state, they may be able to take possession depending on federal and state laws.

Temporary Possession of Guns by Executor

• An executor of the estate can temporarily possess the firearms for the purpose of legally transferring them.
• Your executor must be eligible to possess firearms.
• The executor may transfer them to an eligible heir, a licensed firearms dealer, or surrender them to law enforcement if necessary.
• If the executor is not eligible (or does not want to handle firearms), you may be able to appoint a co-executor specifically for firearm-related matters.

Sale or Surrender

If the heir does not want or cannot legally possess the firearms, they can:

• Sell them through a licensed dealer (FFL) in compliance with New Jersey laws.
• Transfer them to a legal gun owner with the required permits.
• Voluntarily surrender them to law enforcement.

Prohibited Guns

• If the deceased owned firearms that are illegal under New Jersey law (e.g., certain assault weapons, unregistered firearms), they cannot be transferred and must be surrendered to law enforcement.

Estate Planning with Guns

Step 1: Review and Inventory the Guns you Own

Make a detailed inventory of your firearms, including serial numbers, make, model, and any relevant documentation (permits, registration, receipts).

Step 2: Choose Beneficiaries Wisely

Ensure your intended heir(s) are legally eligible to possess firearms in New Jersey (e.g., they must have a Firearms Purchaser Identification Card (FPIC) for long guns or a Permit to Purchase a Handgun (PPH) for handguns). Consider heirs who live out of state—some states may have different requirements for firearm inheritance. For more information on registration requirements, visit the NJ Firearms Application & Registration System (FARS).

Step 3: Use a Gun Trust (Optional but Recommended)

A gun trust is a special type of trust designed to legally own and transfer firearms, particularly National Firearms Act (NFA) items (such as suppressors or machine guns, though these are generally illegal in NJ).

Benefits of a gun trust:

• Allows multiple trustees to legally possess the firearms.
• Avoids probate for smoother and private transfer.
• Ensures compliance with both state and federal laws.

If the trust only holds legally owned, standard firearms (rifles, shotguns, handguns) that are not regulated by the National Firearms Act (NFA), there is no requirement to report the existence of the trust or the transfers to the government. The trustee or beneficiary must also have the proper permit to take possession of the guns. If a firearm is transferred from the trust to an individual, the new owner must comply with New Jersey’s firearm transfer laws.

If the beneficiary of a gun trust is a minor, special legal considerations must be taken into account to ensure compliance with New Jersey and federal firearm laws. Since minors cannot legally possess or purchase firearms in New Jersey, the trust must include provisions for delayed distribution, legal storage, and responsible adult management.

Step 4: Include Guns in your Will

Clearly list the firearms you wish to transfer and the intended beneficiaries in your will. Include a clause that states the executor must comply with New Jersey firearm laws when transferring them. Remember that the executor does not automatically have the right to possess firearms unless they are legally eligible.

Step 5: Name a Responsible Executor

Your executor must be eligible to possess firearms under New Jersey law or the state where the guns are located. Not all executors want this responsibility. In many instances an executor is authorized to surrender the firearms to local law enforcement. Doing so may jeopardize the collection without recourse by your beneficiaries.

Step 6: Plan for Storage and Transfer

Temporary Possession by Executor: The executor may store firearms while handling the estate, but only if they are legally allowed to possess them. If heirs need time to obtain a Firearms Purchaser ID Card (FPIC) or Permit to Purchase a Handgun, the executor can hold the firearms securely until the permits are issued.

Step 7: Selling or Disposing of Guns

If no heirs want or are legally allowed to inherit the firearms, the executor may:

• Sell the firearms through a licensed dealer (FFL).
• Transfer them to a legal NJ gun owner with proper permits.
• Surrender them to law enforcement if they are unregistered or illegal.

Step 8: Consider Federal & Out-of-State Laws

If a beneficiary lives out of state, firearm inheritance must comply with federal law and the laws of the recipient’s state. Federal law requires an interstate firearm transfer to go through a Federal Firearms Licensed (FFL) dealer in the recipient’s state.

Step 9: Update Your Estate Plan Regularly

Laws change, so review your estate plan periodically to ensure compliance. If you acquire new firearms, update your will or trust accordingly.

Step 10: Don’t Keep Your Plan a Secret

Tell your named executor what you’re planning to do. Make sure they are comfortable with carrying out your wishes. Make sure they will have access to your collection, and that the process will go smoothly.

Conclusion

Firearms are a special type of asset because they are regulated by state and federal law. You can still include guns in your estate plan, but you need to so in the right way. For more information about how best to protect this portion of your legacy, contact us today.