Detailed Answer — legal requirements and step-by-step process (New York)

When someone dies in New York, firearms that belonged to the decedent are part of the decedent’s personal property and therefore part of the probate estate if the ownership passes under a will or intestacy. Handling those firearms requires complying with New York weapons laws, federal law, and the Surrogate’s Court process for administering the estate. The following explains the typical legal requirements and practical steps. This is general information only and not legal advice.

1. Identify and secure the firearms immediately

– Inventory every firearm, magazine, and ammunition found among the decedent’s property. Note make, model, caliber, serial number, and location. Treat all firearms as loaded until you confirm otherwise. Secure them in a locked container or safe.

2. Check permits and the decedent’s legal status under New York law

– New York’s weapons laws are in Penal Law Article 265. You must ensure transfers do not violate those rules. See New York Penal Law, Article 265: https://www.nysenate.gov/legislation/laws/PEN/265.

– Handguns in New York require a valid pistol permit or license to possess. A decedent’s pistol permit generally does not simply “transfer” to another person. Confirm whether the decedent held a pistol permit and whether local licensing authorities (county sheriff or local police) have specific rules about how to handle surrendered or transferred handguns.

3. Determine who can legally possess the firearm

– Under federal law it is illegal to transfer firearms to certain prohibited persons (for example, individuals convicted of certain crimes, domestic violence misdemeanants, or those adjudicated mentally defective). See 18 U.S.C. § 922: https://www.law.cornell.edu/uscode/text/18/922.

– Under New York law, possession and possession transfers must comply with state prohibitions in Article 265.

4. If you are the personal representative (executor or administrator)

– The personal representative controls estate property but does not have free license to transfer firearms without complying with statutes and, where required, obtaining court permission. The Surrogate’s Court Procedure Act governs probate and estate administration in New York. See SCPA (Surrogate’s Court Procedure Act): https://www.nysenate.gov/legislation/laws/SCPA.

– The executor should include firearms in the estate inventory submitted to the Surrogate’s Court and list fair market value. If the will instructs a specific transferee (e.g., “my rifle goes to my brother”), the executor should verify that the named person is legally eligible to possess the firearm before making the transfer.

5. Transfers to an heir or beneficiary

– For long guns (rifles and shotguns): New York law tends to be less restrictive than for handguns, but transfers must still avoid putting a gun into the hands of a prohibited person. The transfer may be accomplished through a private transfer if state and local rules allow, but many personal representatives use a licensed dealer (FFL) to assist and document the transfer.

– For handguns: Because New York requires permits to possess handguns, the usual routes are:

• Beneficiary already holds a valid New York pistol permit in the county where they reside — the estate may transfer possession to that person, but the local licensing authority may require notification or paperwork.
• If no eligible transferee exists, the executor may need to obtain a court order or otherwise lawfully dispose of the handgun (for example, sale through a licensed dealer, surrender to law enforcement, or transfer to an eligible out‑of‑state buyer under federal and state rules).

6. Use a Federal Firearms Licensee (FFL) when appropriate

– The ATF advises that transfers of firearms after an owner’s death often are handled through a licensed dealer to ensure compliance with federal transfer rules and background checks. See ATF guidance: https://www.atf.gov/qa/can-someone-else-possess-firearm-after-owner-dies.

– An FFL can receive guns from the estate, run required checks for a buyer or transferee, and keep records that document lawful disposition.

7. If the transfer is contested or unclear, seek a court order

– If multiple heirs claim a firearm, if the proposed transferee may be legally prohibited from possession, or if local rules are unclear, a petitioner (usually the executor) should seek instructions or an order from Surrogate’s Court. The court can authorize sale, transfer, or surrender in a manner that protects the personal representative from liability.

8. Document everything

– Keep a written inventory, photographs, receipts for transfers, names and permit numbers of transferees, and any communications with law enforcement or licensing authorities. File the inventory with the court as required and keep estate records for accounting purposes.

9. Practical local steps

1. Contact the county licensing authority (sheriff or local police) for guidance on how they handle transfers and permits when an owner dies.
2. Contact a local FFL if you plan to sell, transfer, or store firearms during probate.
3. If you are unsure whether a transferee is prohibited, encourage the transferee to consult legal counsel or obtain necessary permits before accepting the firearm.

Because New York has complex, county-by-county practices for pistol permits, local rules are important. When in doubt, ask the county licensing official or the Surrogate’s Court for guidance and consider applying for a court order to authorize a specific disposition.

Disclaimer: This article explains general legal concepts and practical steps under New York law. It is not legal advice. For advice tailored to your situation, consult a licensed New York attorney or the Surrogate’s Court in the county where probate is pending.

Helpful Hints — practical checklist for executors and heirs

• Secure firearms immediately in a locked container; do not leave them accessible.
• Do not transfer a firearm to anyone until you confirm they are legally eligible to possess it.
• Include all firearms and their values on the estate inventory filed with Surrogate’s Court.
• Use a licensed firearms dealer (FFL) to assist with sales or complicated transfers; they can run background checks and complete paperwork.
• Contact local licensing authorities to learn county-specific handgun procedures—county sheriffs or police handle pistol permits in New York.
• If the will names a recipient, verify that person’s eligibility before transferring the gun. If multiple heirs claim a firearm, get a court order to avoid liability.
• Never destroy evidence or alter serial numbers—doing so can create criminal liability.
• Document every step: inventory, receipts, communications with authorities, and court filings.
• If unsure whether state or federal law bars a transfer, seek counsel; a court order can provide legal protection for the executor.

Key legal resources referenced above:

• New York Penal Law, Article 265 (weapons): nysenate.gov
• Surrogate’s Court Procedure Act (SCPA): nysenate.gov
• Federal firearms transfer law (18 U.S.C. § 922): law.cornell.edu
• ATF guidance on possession after an owner’s death: atf.gov