Detailed Answer
Overview. When someone dies in Nevada, their personal property — including firearms — becomes part of the deceased person’s estate and is handled through probate (if probate is required). The personal representative (executor or administrator) manages estate property, secures assets, inventories them, and distributes them according to the will or Nevada intestacy rules. Firearms raise additional legal steps because federal law and Nevada law restrict who may possess or receive firearms. This section explains the typical Nevada probate steps, the firearms-specific legal constraints, and practical actions a personal representative should take.
1. Secure the firearms immediately
Before doing anything else, the personal representative should secure all firearms to prevent theft, misuse, or unintended access. Safe storage (locked container, separate from ammunition) protects the estate and reduces liability.
2. Confirm authority and inventory firearms for probate
The personal representative must identify and list all firearms in the estate inventory filed with the probate court. In Nevada, probate procedure and the duties and powers of personal representatives are governed by the Nevada Revised Statutes (see Nevada probate statutes: NRS Chapter 132 (Probate) and the NRS index at https://www.leg.state.nv.us/NRS/).
3. Determine who may legally receive a firearm
Federal law bars certain categories of people from possessing firearms (for example: convicted felons, persons subject to certain restraining orders, some people adjudicated mentally defective). See 18 U.S.C. §922(g) for the list of federally prohibited persons (18 U.S.C. §922). If a proposed transferee is a prohibited person, the personal representative must not transfer the firearm to them.
4. Check Nevada-specific transfer rules and background-check requirements
Nevada law imposes rules about firearm possession and sales. Before transferring a firearm, confirm whether the transferee must pass a background check or whether the transfer must go through a licensed firearms dealer. For statutes and current Nevada rules, consult the Nevada Revised Statutes related to firearms (NRS Chapter 202) and contact a local law enforcement agency or licensed dealer for implementation details.
5. Use a licensed firearms dealer (FFL) when appropriate
To be safe and to comply with federal and possibly state transfer rules, many personal representatives transfer firearms through a Federal Firearms Licensee (FFL). The FFL can perform the required background check and complete federal transfer paperwork. If Nevada requires background checks or dealer-mediated transfers for private sales, the FFL can also handle those steps.
6. Distribution under the will or court order
If the will specifically bequeaths a firearm to a named beneficiary who is legally permitted to possess guns, the personal representative may distribute the firearm consistent with their authority and any court orders. If the will gives a firearm to someone who cannot legally possess it, the personal representative must not deliver it; instead they should consult the probate court about sale or other disposition.
7. Sale, storage, or surrender for prohibited transferees
If no lawful beneficiary exists, or if the estate needs funds to pay debts, the personal representative may sell firearms as part of estate administration, subject to legal transfer procedures (background checks, dealer transfer). If the firearm cannot legally be transferred and cannot be sold, the representative should consult local law enforcement or the court about surrender or lawful destruction.
8. Court involvement and documentation
When significant or contested transfers occur, or if questions arise about a beneficiary’s eligibility, file a petition in probate court asking for instructions or an order authorizing the transfer or sale. Keep full records: inventory entries, receipts, transfer paperwork, background-check certificates, and any court orders. These documents protect the personal representative from claims.
9. Hypothetical example
Hypothetical: Jane is appointed personal representative in Nevada. The estate contains three rifles and one handgun. Jane inventories and secures the guns. The will bequeaths the rifles to the decedent’s brother and the handgun to a friend. Jane confirms the brother can legally possess firearms. Because Nevada requires background checks for transfers (confirm current state rules), Jane arranges transfer of the rifles through a local FFL, who runs the background checks. The friend has a felony conviction and is federally prohibited. Jane refuses to transfer the handgun, notifies the probate court, and asks permission to sell the handgun and distribute proceeds to the estate.
10. Key federal references
Federal law governs prohibited persons and some transfer rules. The most relevant federal provision is 18 U.S.C. §922. For practical guidance on handling firearms of a deceased owner, the ATF provides resources: ATF: Transfer of Firearms After Death.
Bottom line. In Nevada, the personal representative must secure and inventory firearms, confirm transferee eligibility under federal and state law, and follow Nevada probate procedures when distributing or selling firearms. Use licensed dealers for transfers when appropriate and consult the probate court and local law enforcement or an attorney when eligibility or disposition is uncertain.
This information is educational only and is not legal advice. Laws change. For actions on a specific estate, speak with a Nevada probate attorney or contact the local probate court and a licensed firearms dealer.
Helpful Hints
- Secure firearms immediately in a locked container and separate from ammunition.
- Inventory every firearm and record make, model, caliber, and serial number for the probate inventory.
- Before any transfer, verify the recipient is not a federal or state prohibited person. If in doubt, use an FFL to run the background check.
- When possible, process transfers through a licensed dealer to create a clear paper trail and satisfy federal/state requirements.
- If a beneficiary is prohibited from receiving guns, do not give the firearm to them. Ask the probate court for instructions about sale or surrender.
- Keep copies of all transfer documents, sale receipts, and court orders in the estate file.
- Contact the Nevada probate court clerk or a Nevada probate attorney early if the will is unclear about firearms or if beneficiaries dispute distribution.
- Check current Nevada statutes and local law enforcement practices before completing any transfer: Nevada Revised Statutes.
- When in doubt, consult a Nevada lawyer experienced in probate and firearms law to avoid criminal liability or personal exposure as a personal representative.
Important disclaimer: This article explains general principles under Nevada law and federal law and is for educational purposes only. It does not constitute legal advice. For help with a real estate or probate matter involving firearms, consult a licensed Nevada attorney who can analyze the specific facts and current law.