Transferring a Decedent’s Firearms During Probate in Massachusetts — FAQ

Disclaimer: I am not a lawyer. This article is educational and does not provide legal advice. For decisions about a specific estate, speak with a Massachusetts probate attorney and the local police licensing authority.

Detailed Answer: What you need to know

When someone dies in Massachusetts and leaves firearms, the estate’s personal representative (executor or administrator) must handle those firearms carefully. Two sets of legal rules apply: probate rules that govern how a personal representative manages estate property, and Massachusetts firearms laws that govern who may legally possess and receive firearms. The two frameworks overlap: a representative can transfer firearms only in ways that comply with state gun laws.

Key legal authorities

• Probate and administration law: Massachusetts Uniform Probate Code (Chapter 190B). See the General Laws, Chapter 190B: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B.
• Firearms law: Massachusetts General Laws, Chapter 140 (firearms and weapons). See Chapter 140: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleX/Chapter140.
• State guidance on purchasing and transferring firearms: Massachusetts Executive resources: https://www.mass.gov/info-details/purchasing-and-transferring-firearms.

Practical legal requirements and common steps

Below is a typical process. Exact steps can vary by county and by the facts of the estate, so confirm with the probate court and the local licensing authority (often the local police department or the Massachusetts State Police).

1. Secure the firearms immediately. The representative should secure guns in a locked safe or with a licensed dealer. Avoid leaving firearms accessible. Possession by an unlicensed person could violate state law if that person is prohibited.
2. Identify and inventory the firearms for the estate. List each firearm (make, model, serial number, caliber) on the estate inventory required by probate. The representative has a general duty under Chapter 190B to identify and protect estate property; see Chapter 190B for representative powers and duties: Chapter 190B.
3. Check the will or trust for directions. If the decedent left a will or trust that directs a transfer of a firearm to a named person, the personal representative must follow those directions provided the transfer is lawful under Massachusetts firearms law.
4. Confirm the recipient is legally allowed to possess firearms. Massachusetts requires that anyone who possesses firearms have the appropriate license: a Firearm Identification (FID) card for most rifles/shotguns and a License to Carry (LTC) for handguns and certain other weapons. The recipient must hold the required license at the time of possession or obtain it before taking possession. If the recipient is prohibited (convicted of certain crimes, subject to certain restraining orders, involuntarily committed, etc.), the representative cannot transfer a firearm to them. See Chapter 140 for prohibitions and licensing rules: Chapter 140.
5. Use the licensing authority or a licensed dealer for the transfer. In practice, many representatives arrange transfers through a federally licensed firearms dealer (FFL) or coordinate with the local police licensing officer to ensure the transferee has a valid FID or LTC and that required state checks are completed. The licensing officer can advise whether any particular transfer must be processed by them or whether a lawful private transfer is permitted under state law.
6. Document the transfer in the estate records. Record the transfer in estate documents, including who received the firearm, their license type and number, and any receipts or dealer paperwork. The probate court may require these records as part of the estate accounting or inventory.
7. If a recipient lacks a license, don’t hand over the firearm. The safe approach is for the recipient to apply for and obtain an FID or LTC before the firearm leaves estate control. Alternatively, the representative can transfer the gun to a licensed dealer for sale or storage until the transferee is licensed.
8. Consider surrender or sale for prohibited items. If a firearm is unlawful to possess (e.g., federally prohibited weapons or possession by a prohibited person), contact local law enforcement or the licensing authority for surrender or lawful disposition. Do not attempt to sell or remove regulated items from the Commonwealth without guidance.

Why the probate role matters

The personal representative’s job is to collect, preserve, and distribute estate property according to the will or law of intestacy. If the representative makes an unlawful transfer, they can be held liable to the estate or criminally if the transferee is a prohibited person. The representative should therefore confirm license status and follow both probate and firearms rules.

Helpful Hints

• Contact the local police licensing officer early. They can confirm licensing requirements and whether the transfer must be processed by the police.
• Keep the firearms locked and insured while they are part of the estate.
• Obtain written proof of a transferee’s FID or LTC before transferring a firearm. Photocopy or record license numbers and issuing authority.
• Use a licensed firearms dealer (FFL) for sales, interstate transfers, or when you want secure storage and formal transfer paperwork.
• Include firearms on the probate inventory and in any estate accounting you file with the court to avoid later disputes with heirs or creditors. See Chapter 190B for probate paperwork requirements: Chapter 190B.
• If an heir is prohibited from possessing firearms, consider whether the estate should sell the firearm or transfer it to a lawful heir or buyer. Consult the licensing authority and an attorney.
• For unusual items (automatic weapons, short-barreled rifles, machine guns), consult both federal law and the Massachusetts licensing authority. Federal law may restrict transfer or require special paperwork.
• Document every step. Chain-of-custody documents, receipts from dealers, copies of licenses, and correspondence with the probate court help show the representative acted responsibly.
• When in doubt, get legal help. Probate and firearms laws are technical and breach of either can cause criminal or civil liability.

For more information, review Massachusetts General Laws, Chapter 140 (firearms) and Chapter 190B (probate) at the links above, and contact a probate attorney or your local police licensing authority before moving, transferring, or disposing of firearms from an estate.

Final reminder: This is educational information only and not legal advice.