Detailed Answer
When someone dies in Idaho, their personal property — including firearms — passes through the probate process if the estate must be administered under Idaho probate law. The personal representative (called an executor if named in a will, or an administrator if appointed by the court) has the legal duty to collect, manage, and distribute the decedent’s assets according to the will or, if there is no will, according to Idaho’s intestacy rules. See Idaho probate law: Idaho Code Title 15 (Probate and Trusts).
How firearms are treated in probate (basic rules)
- The personal representative must identify and inventory the decedent’s firearms as part of estate administration. This is a routine part of making an inventory of estate assets under Idaho probate procedures.
- If the will names a specific beneficiary for particular firearms, the representative generally follows that direction unless doing so would violate state or federal law (for example, the beneficiary is legally prohibited from possessing firearms).
- If there is no will, firearms are distributed under Idaho’s intestacy rules (Title 15). The representative must follow the statutory order of inheritance.
- Federal firearms laws (most notably 18 U.S.C. § 922) and Idaho criminal statutes can limit who may legally possess firearms. The representative must avoid transferring firearms to anyone who is prohibited from possessing them under state or federal law. See federal 18 U.S.C. § 922: 18 U.S.C. § 922, and Idaho criminal laws on weapons: Idaho Code Title 18 (Crimes and Punishments).
Step-by-step process for a personal representative in Idaho
- Obtain appointment: Get formal appointment from the probate court (letters testamentary or letters of administration). The court appointment gives the representative legal authority to act for the estate. See general probate authority in Idaho Code Title 15.
- Inventory and secure firearms: Prepare an inventory listing each firearm (make, model, caliber, serial number if present, and condition). Secure firearms in a safe place. Treat them as estate property until distributed or otherwise lawfully disposed.
- Check the will and intestacy rules: Determine whether the will directs distribution of specific firearms. If no will, follow Idaho’s intestacy order under Title 15.
- Screen prospective recipients for prohibitions: Before transferring any firearm, confirm whether the intended recipient is legally permitted to possess firearms under federal and Idaho law. Common prohibitions include felony convictions, certain domestic violence restraining orders, adjudicated mental incompetence, or other disqualifying factors under 18 U.S.C. § 922(g). If you have reason to believe a person is prohibited, do not transfer the firearm to them.
- Use a Federal Firearms Licensee (FFL) for transfers when appropriate: If you are transferring a firearm to someone who is not already known to be lawful and you want to ensure compliance with federal transfer procedures, consider having the transfer processed through an FFL. For many handgun and interstate transfers, federal law requires an FFL and a background check. The FBI NICS system provides background checks for transfers: FBI NICS.
- Get court direction if unsure or if disputes arise: If the representative is uncertain whether a transfer is lawful, if beneficiaries dispute the transfer, or if a beneficiary appears to be prohibited, the safest path is to seek instructions from the probate court (a petition asking the court to approve or direct disposition). A court order protects the representative from later liability.
- Document every step: Keep copies of the inventory, receipts, correspondence, and any transfer paperwork (including FFL transfer records if used). Proper records help defend against later claims by heirs or third parties.
- If a transfer would violate the law: If a beneficiary or prospective transferee is disqualified from possessing firearms, do not deliver the firearm to that person. Options include retaining the firearm in estate custody, selling it lawfully through an FFL to a permitted buyer, surrendering it to law enforcement (if required or advised), or petitioning the court for instructions.
Hypothetical example
Sarah is the named executor of John’s will. John owned two rifles and a handgun. Sarah inventories the firearms, secures them, and reads the will. The will leaves the handgun to Mike and the rifles to Lisa. Sarah learns that Mike has a felony conviction and is likely prohibited under federal law from possessing firearms. Sarah must not hand the handgun to Mike. Instead, she should either keep it in estate custody, arrange for a lawful sale through an FFL, or ask the probate court for instructions. Delivering the handgun directly to Mike could expose Sarah and the estate to criminal liability.
Key legal authorities to consider
- Idaho probate law — Idaho Code Title 15 (probate rules, powers and duties of personal representatives): https://legislature.idaho.gov/statutesrules/idstat/Title15/
- Idaho criminal and weapons statutes — Idaho Code Title 18: https://legislature.idaho.gov/statutesrules/idstat/Title18/
- Federal restrictions on transfers and possession — 18 U.S.C. § 922: https://www.law.cornell.edu/uscode/text/18/922
- Federal background check system (NICS) — FBI: https://www.fbi.gov/services/cjis/nics
When to get a court order or legal help
Seek court guidance or a lawyer if any of the following apply:
- You cannot identify lawful beneficiaries or claimants.
- A beneficiary appears to be a prohibited person under state or federal law.
- Heirs dispute ownership of a firearm.
- You face conflicting legal duties (for example, the will directs a transfer that federal law would bar).
- You are unsure which transfers require an FFL or background check.
Helpful Hints
- Always obtain the court appointment paperwork (letters testamentary/administration) before moving or transferring firearms. That appointment gives you lawful authority to act for the estate.
- Inventory every firearm with identifying details (serial number, make/model). Photos help.
- Secure firearms in a locked safe or with a reputable FFL/lockbox until you complete distribution or receive court instructions.
- When in doubt about whether a recipient is legally allowed to possess firearms, do not deliver the firearm. Consult counsel or use an FFL to handle the transfer and background check.
- Using an FFL creates a record of transfer and helps ensure compliance with federal rules, especially for handguns and interstate transfers.
- Document communications with beneficiaries and any steps you take to verify legal status or run transfers through an FFL.
- If a firearm raises safety concerns (e.g., evidence of recent violent behavior), notify law enforcement and seek court instruction rather than handling the matter alone.
Disclaimer: This article provides general information about Idaho law and common procedures. It is not legal advice. Laws change and every situation is different. For advice about a specific estate or transfer, contact a licensed Idaho attorney or the probate court.