Understanding Firearm Inheritance Laws by State

Introduction Inheriting a firearm involves legal responsibilities that vary from state to state. Some states require background checks, permits, or even FFL transfers, while others allow immediate family transfers with minimal regulation. Understanding these laws ensures compliance and prevents legal complications. Below is a breakdown of firearm inheritance laws across the U.S.

General Federal Requirements

At the federal level, firearm inheritance is subject to ATF regulations. If the heir is legally allowed to own a firearm, they can inherit it without federal restrictions. However, interstate transfers must go through an FFL dealer unless it is a bequest from an estate. NFA-regulated firearms (e.g., suppressors, machine guns, short-barreled rifles) require ATF Form 5 approval before transfer

State-by-State Firearm Inheritance Laws

Alabama

• No background check or permit required for private transfers.
• No registration needed.

Alaska

• No permit or registration required.
• State law aligns with federal inheritance rules.

Arizona

• No permit or background check required for private transfers.
• NFA items must be transferred via ATF Form 5.

Arkansas

• No state-specific requirements.
• Firearms can be inherited without registration.

California

• Inherited firearms must be registered with the California Department of Justice.
• Handguns must be transferred via an FFL dealer unless exempt.
• NFA firearms are strictly regulated.

Colorado

• Background check required for all firearm transfers, including inheritance (with some exceptions for immediate family).

Connecticut

• Pistol permit required for inherited handguns.
• Registration required for all firearm transfers.

Delaware

• All firearm transfers require an FFL background check, even for inheritance.

Florida

• No permit or background check required for firearm inheritance.
• NFA firearms require ATF Form 5 transfer.

Georgia

• No state requirements beyond federal law.

Hawaii

• All firearms, including inherited ones, must be registered within 5 days.
• Permit required for handgun ownership.

Idaho

• No permit or registration required.

Illinois

• Firearm Owner’s Identification (FOID) card required for inherited firearms.
• Transfer must be reported to the state police.

Indiana

• No registration or permit required for inheritance.

Iowa

• Permit required for handgun inheritance.
• No registration needed.

Kansas

• No state-specific requirements.

Kentucky

• No permit or background check required.

Louisiana

• No registration or permit required.

Maine

• No restrictions beyond federal law.

Maryland

• Handgun Qualification License (HQL) required.
• Background check necessary for inherited firearms.

Massachusetts

• Firearms must be registered with the state.
• FFL transfer may be required.

Michigan

• Universal Background Checks required for all firearm transfers.
• Pistols must be registered within 10 days.

Minnesota

• No registration required.
• Permit required for handguns.

Mississippi

• No background check or permit needed.

Missouri

• No additional state laws for inheritance.

Montana

• No restrictions beyond federal law.

Nebraska

• Permit required for handgun inheritance.
• No registration necessary.

Nevada

• Background checks required for all firearm transfers, including inheritance.

New Hampshire

• No restrictions beyond federal law.

New Jersey

• Permit required for all firearm transfers.
• FFL background check mandatory.

New Mexico

• Background checks required unless the transfer is between immediate family members.

New York

• Firearms must be registered.
• Handgun transfers require a permit.

North Carolina

• Permit required for handguns.
• No registration needed for long guns.

North Dakota

• No additional state restrictions.

Ohio

• No permit or registration required.

Oklahoma

• No restrictions beyond federal law.

Oregon

• Background check required for all firearm transfers.

Pennsylvania

• Handguns must be transferred through an FFL.
• Long guns do not require an FFL transfer.

Rhode Island

• Background checks required for all firearm transfers.

South Carolina

• No restrictions beyond federal law.

South Dakota

• No state-specific requirements.

Tennessee

• No registration required.
• Private transfers are legal without an FFL.

Texas

• No permit or background check required.

Utah

• No registration or permit required.

Vermont

• No restrictions beyond federal law.

Virginia

• Background check required for private transfers.

Washington

• Universal Background Check law applies to inheritance.

West Virginia

• No state-specific requirements.

Wisconsin

• No registration or permit required.

Wyoming

• No restrictions beyond federal law.

Conclusion

Firearm inheritance laws vary widely from state to state. Some states require permits, background checks, or FFL transfers, while others have little to no additional regulations. Before taking possession of an inherited firearm, it's crucial to check your state's specific requirements. When in doubt, consult an FFL dealer or local law enforcement to ensure compliance with all applicable laws.

Would you like assistance with an inherited firearm in your state? Let us know in the comments below!