More and more people are purchasing firearms for protection. Some keep them at home to protect them from intruders, while others keep them in their cars or purse for protection while traveling. Most people rarely tell anyone other than household members or close friends they own them. But what happens if they die and no one knows about them? If you discover firearms in your loved one's home after they have died, tread lightly. Possession and transfer of firearms in Texas is highly regulated and failure to follow these regulations can lead to steep fines, despite your intentions. Here are some suggestions for dealing with firearms owned by a loved one.
The first thing you should do is determine if your loved one had a will or a trust and identify the executor of the estate or the trustee of the trust. If you are the executor, then check to see if the firearms were owned only by your loved one or if they were transferred to a trust. If they were transferred to a trust, then your loved one, or settlor or grantor of the trust, would have signed an assignment of personal property that transfers ownership of personal property, including firearms, to the trust. If you find that document and it appears from the language that the settlor or grantor meant for the firearms to be owned by the trust, you should have the authority to take possession of the firearms.
Next, as the executor, you should go through the residence and gather all the firearms you find and secure them. If a thief steals a firearm from your loved one's empty house and uses it in the commission of any crime, you could be held liable. Store them in a secure gun safe. If you aren't comfortable leaving them in that residence even while secured or having them in your home, you could ask a person or organization that has a Federal Firearms License (FFL) to store them for you. An organization with an FFL would usually have the storage space and insurance necessary to care for the firearms while you determine what to do with them.
Once this is settled, you must read the will to see what your loved one's wishes were pertaining to those firearms. If they bequeathed them to family members, you must determine who can legally own a firearm and who can't. You can be held liable for distributing a firearm to a beneficiary who can't legally own one. If you aren't completely sure about Texas state and federal firearms laws, think about hiring or at least consulting a lawyer.
One of the most common areas of concern is the age of a beneficiary. How old does a person have to be to own a firearm in Texas? In Texas, no one under 18 may lawfully possess a firearm. But what if your loved one bequeaths one to a minor? The answer is the difference between ownership and possession. The minor may own the firearm according to the will, but his or her parents must hold it for them, or physically possess it until they turn 18.
Another issue is determining who cannot own firearms. That list includes a person who is or has been:
- a fugitive from justice
- addicted to controlled substances
- mentally ill
- an illegal alien
- dishonorably discharged from the U.S. Armed forces
- no longer an American citizen
- under a court order restraining them from stalking, harassing, or threatening an intimate partner or child or an intimate partner
- convicted of domestic violence
If a beneficiary lives in another state, you must become familiar with that state's firearms
laws, as well. You must know:
- Is there a prohibition on the type of firearm?
- Is there a location prohibition?
- Does the firearm have to be registered?
- Does it require a permit?
- Does the state have a prohibition or restriction on NFA firearms, such as short-barreled shotguns, short-barreled rifles, or machine guns?
- Is there a restriction on transportation of firearms?
- Is there a restriction on the storage of firearms?
These are only a few of the regulations you must know before granting possession of a firearm to any beneficiary. Each regulation may also have further applications that could influence your decisions and it would take a great deal of time to become familiar with all of them. To ensure your loved one's wishes are carried out precisely while complying with state and federal firearms laws and regulations, it would be to your advantage to see a lawyer who is familiar with this subject.