Firearms in Estate Administration: Legal Issues, Executor Liability, Transferring Title I and II Guns, Penalties
Understanding Gun Legal Designations, In-State and Out-of-State Transfers, Use of Gun Trusts
About the Course
Introduction
This CLE course will guide estate planners and administrators on managing the legal challenges of firearms in estate and trust administration. The panel will discuss federal gun laws and firearm designations, issues for beneficiaries inheriting guns, in-state and out-of-state transfers, and legal ownership. The panel will also review the use of trusts and other entities to transfer guns legally and best practices to avoid mishaps in the administration of estates or trusts holding firearms.
Description
The administration of an estate holding firearms can cause increased expenses, fees, taxes, and potential liability if mishandled. Managing guns within an estate requires an in-depth knowledge of various federal and state regulations to avoid excessive fines and criminal liability.
The National Firearms Act encompasses strict prohibitions and restrictions on the transfer of certain firearms. Prohibited possession can be actual or constructive, with zero tolerance for inadequate processes in the acquisition. Also, state laws will apply to transfers or sales of firearms within their jurisdictions. Compliance with federal and state laws becomes more complicated if there is an out-of-state transfer or sale of a gun.
Estate planners and executors must be mindful that some beneficiaries may be ineligible to receive firearms and consider alternative methods to align with a client's intent, such as naming alternate recipients or creating a gun trust. Trusts can legally hold firearms, allow a trustee to lawfully possess firearms, and minimize administration issues regarding the transfer or sale of firearms during probate.
Listen as our panel discusses the classification, ownership, and transfer rules applicable to firearms, the creation and use of gun trusts, and other planning methods to ensure the proper administration of an estate holding firearms.
Presented By
Mr. Graziani is an attorney and owner of Graziani Law, LLC located in Barberton, Ohio. He practices in the areas of estate planning, probate, and bankruptcy protection throughout Ohio. Additionally, Mr. Graziani is a veteran and provides services for fellow veterans and is an authority on firearms laws. He earned his B.S. degree, magna cum laude, from Ohio State University in astronomy; his Master's degree in business administration, with honors, from the University of Akron; and his J.D. degree from the University of Akron School of Law.
Mr. Leaven is a partner at Leaven Law Firm, where he focuses his practice on Veterans law and firearms law. He served in the United States Army from 1998 to 2004, including the initial Kosovo Occupation with the 501st Military Intelligence Battalion, 1st Armored Division, and the Iraq War with the 3rd Squadron of the 7th Cavalry Regiment, 3rd Infantry Division. After his years of service, Mr. Leaven received his bachelor’s degree, summa cum laude, from the University of North Carolina at Asheville and his J.D. from the University of North Carolina School of Law and now an adjunct professor. He is admitted to practice law in North Carolina, Georgia, and Tennessee.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Tuesday, August 4, 2026
- schedule
1:00 p.m. ET./10:00 a.m. PT
I. Firearm classification, ownership, and transfer rules
A. Federal and state gun laws
B. Title I vs. Title II firearms
C. In-state and out-of-state transfers
II. Handling the estate administration of firearms
A. Critical considerations for gifts and bequests
B. Valuation
C. Legal ownership
D. Potential penalties and liability
III. Gun trusts
A. Key provisions
B. Liability issues
C. Sale or transfer of estate-held firearms
IV. Best practices for estate planners and administrators
The panel will review these and other key issues:
- The impact of federal and state gun laws on estate administration
- Valuation issues for firearms and processes to overcome them
- Transferring or selling Title I vs. Title II firearms
- In-state vs. out-of-state transfer processes and considerations
- Handling the estate administration of firearms outside of a trust
- Creating gun trusts and critical provisions
