Detailed Answer — Overview of transferring a decedent’s firearms in Arizona
When a person dies in Arizona, their firearms form part of their estate. Handling those firearms during probate involves both Arizona probate rules (who controls the estate and how property is distributed) and federal and state firearms laws (who may legally possess or receive firearms).
Who controls the decedent’s firearms during probate?
The person appointed by the court as the personal representative (called an executor or administrator under Arizona law) controls estate property while probate is open. The personal representative has a duty to collect, safeguard, inventory, and ultimately distribute estate property according to the will or Arizona probate rules. See Arizona probate law for the duties and powers of a personal representative: Arizona Revised Statutes, Title 14 (Estates & Probate).
Federal firearms rules that always apply
- Federal prohibitions: Federal law bars certain people from receiving or possessing firearms (convicted felons, persons subject to certain restraining orders, persons adjudicated mentally defective, etc.). These rules remain binding for estate transfers. See 18 U.S.C. § 922 for prohibited persons and other federal firearm restrictions: 18 U.S.C. § 922.
- Interstate transfers: Federal law generally requires that firearms transferred across state lines must go through a Federal Firearms Licensee (FFL). If an inheritor lives in another state, the transfer often must go through an FFL and include any applicable background check under federal law.
- ATF guidance: The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) provides practical guidance about firearms found in estates and how transfers may be handled: ATF — Firearms and Deceased Persons (fact sheet).
Arizona-specific considerations
Arizona probate law determines who controls and distributes estate property. The personal representative must follow court orders and the will (if any). Arizona does not impose a statewide requirement that every private gun transfer pass through a background check at the state level (contrast this with states that have universal background check laws). However, federal prohibitions and interstate rules still apply.
For statutory guidance on probate administration and the duties and powers of the personal representative, consult Arizona Revised Statutes, Title 14: https://www.azleg.gov/arsDetail/?title=14.
Typical legal steps and practical process
- Secure the firearms immediately. Safety first: remove ammunition, store firearms unloaded, and keep them in a secure location. The personal representative (or a lawful designee) should secure all estate property, including firearms, to prevent theft or misuse.
- Identify the personal representative and obtain court authority. The person named in the will or a court appointee serves as personal representative once appointed. That person’s authority to act comes from the probate court. Arizona probate statutes explain appointment and letters testamentary/administration: ARS Title 14.
- Inventory and document the firearms as part of the estate. The personal representative should list make, model, serial number, and location of each firearm. Keep photos and a written inventory for the probate file and to show to the court if requested.
- Check the will, trust, or beneficiary designations. If the decedent’s will or a trust specifically directs firearms to named beneficiaries, the personal representative should follow those instructions subject to law. Note: a trust that is valid and controls disposition of personal property may allow transfers outside probate if it controls the firearms directly.
- Confirm recipients are legally eligible to possess firearms. Before transferring any firearm, confirm that the intended recipient is not prohibited under federal or state law (e.g., certain felony convictions, domestic violence restraining orders, adjudicated incompetence). If there is doubt, do not transfer until eligibility is confirmed.
- If an interstate transfer is required, use an FFL. If an heir lives in another state, the firearm typically must be transferred via a Federal Firearms Licensee (FFL) in the recipient’s state, which will run the required federal background check.
- If a transfer involves an FFL within Arizona. When an heir or buyer takes possession through an Arizona FFL, the FFL will follow federal law and perform any required background check (NICS) and paperwork.
- Report or petition the court if disputes arise. If multiple heirs claim firearms, or if a potential recipient is a prohibited person, the personal representative should petition the probate court for instructions. The court can order sale, forfeiture, holding of firearms, or distribution per applicable law.
Common probate outcomes for firearms
- Transfer to an eligible heir or beneficiary named in the will or determined by intestacy rules.
- Sale of firearms by the estate (through an FFL or auction) with proceeds distributed to the estate.
- Court-ordered retention until eligibility or disputes are resolved.
- If the recipient is prohibited, the estate may be required to sell the firearm to a licensed dealer or forfeit it under law.
When to involve law enforcement or the court
If you find evidence that a firearm was used in a crime, if firearms are unsecured and pose imminent danger, or if heirs cannot agree on distribution and there is risk of unlawful possession, contact local law enforcement and the probate court. A personal representative should not transfer firearms to someone who may be prohibited from possessing them.
Helpful Hints — Practical checklist for the personal representative
- Immediately secure guns and ammunition separately; document condition and serial numbers.
- Locate the will and any trust documents first — they may direct transfers outside probate.
- Obtain and keep copies of your appointment paperwork (letters testamentary or letters of administration) from the probate court; FFLs may ask to see proof you are authorized to handle estate property.
- Before transferring a firearm, confirm the recipient’s eligibility under federal law (18 U.S.C. § 922) and Arizona law; if unsure, consult counsel or use an FFL for the transfer.
- If an heir lives out of state, plan for an FFL-mediated interstate transfer and any background check that entails.
- If firearms are valuable, consider appraisal and using a licensed dealer to sell on behalf of the estate.
- If heirs dispute possession, seek a court order rather than making a unilateral transfer.
- Keep detailed records: all communications, receipts, court filings, and transfer documentation. These protect the personal representative from later claims.
Key resources:
– Arizona probate statutes (Title 14): https://www.azleg.gov/arsDetail/?title=14
– Federal firearms statute (18 U.S.C. § 922): https://www.govinfo.gov/link/uscode/18/922
– ATF guidance on firearms and deceased persons: ATF — Firearms and Deceased Persons
Disclaimer: This article provides general information about Arizona law and federal firearms rules. It is not legal advice and does not create an attorney-client relationship. Laws change and each situation is unique; consult a licensed Arizona attorney or the probate court for advice about your specific case.