For most inherited guns, the answer is no: federal law does not require you to register an inherited rifle, shotgun, or handgun, and there is no national registry for those weapons. Whether you have to register inherited firearms comes down to two things — the type of firearm and the state you live in. Items regulated under the National Firearms Act must always be federally registered, and a small number of states and the District of Columbia impose their own registration or permit requirements that apply to inherited guns the same way they apply to purchased ones.
The Two Questions That Decide It
Every inherited firearm sits inside two legal frameworks at once. The first is federal: is this an ordinary firearm, or is it something regulated under the National Firearms Act? The second is state: does your home jurisdiction require registration, a permit, or a license to possess the firearm you’ve just inherited? Answer both, and you know what you have to do.
One threshold question comes before either of those. You have to be legally allowed to possess a firearm at all. Federal law bars “prohibited persons” from receiving or possessing firearms, including anyone convicted of a crime punishable by more than one year in prison, fugitives, people addicted to controlled substances, anyone adjudicated as mentally defective or committed to a mental institution, undocumented immigrants, individuals dishonorably discharged from the military, and anyone who has renounced U.S. citizenship. Two more categories catch people off guard in the inheritance context: a single misdemeanor conviction for a crime of domestic violence, and being subject to a current court order restraining you from harassing, stalking, or threatening an intimate partner or their child.1Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Identify Prohibited Persons State law sometimes adds further categories. An executor cannot legally hand a firearm to a prohibited person, so confirming your eligibility comes before any paperwork.
Standard Firearms: No Federal Registration
Ordinary rifles, shotguns, and handguns are not federally registered, and inheriting one does not create a federal filing obligation. The government does not maintain a registry of these weapons and does not ask heirs to report anything.
What federal law does regulate is how the firearm reaches you. When the executor and the heir live in the same state, no Federal Firearms Licensee is needed, no federal background check is triggered, and no federal form is filed. The executor can hand you the firearm directly.
Across state lines, the default federal rule prohibits transferring a firearm to someone in another state without going through a licensed dealer. Inheritance is a specific exception. Under 18 U.S.C. § 922(a)(3) and (a)(5), an heir who lawfully acquires a firearm through a will or intestate succession may receive it from out of state without involving a dealer, as long as the heir is legally permitted to possess the firearm in their home state.2Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts This exception is widely misunderstood. It applies only to genuine bequests and intestate inheritance, not to purchased firearms. And it doesn’t override anything your state requires on the receiving end.
NFA Firearms: Registration Is Mandatory
National Firearms Act items are a different world. The category covers machine guns, short-barreled rifles, short-barreled shotguns, suppressors, and destructive devices. Every NFA item must be registered in the National Firearms Registration and Transfer Record maintained by the ATF. Possessing an unregistered NFA firearm is a federal crime carrying up to 10 years in prison and a $10,000 fine, and the firearm itself is subject to seizure and forfeiture.3Bureau of Alcohol, Tobacco, Firearms and Explosives. NFA Handbook – Appendix A – The National Firearms Act
If the NFA Item Is Already Registered
An heir inherits a registered NFA item through a tax-exempt transfer. The executor files ATF Form 5 (Application for Tax Exempt Transfer and Registration of Firearm) to transfer the item to a lawful heir, meaning someone named in the will or entitled to inherit under state law. The normal transfer tax is waived entirely.4Bureau of Alcohol, Tobacco, Firearms and Explosives. Transfers of National Firearms Act Firearms in Decedents’ Estates When the heir is an individual, fingerprint cards on FBI Form FD-258 must be submitted with the application.5Bureau of Alcohol, Tobacco, Firearms and Explosives. Chapter 9 – Transfers of NFA Firearms Unlike standard firearms, NFA items can transfer directly to an out-of-state heir through the Form 5 process without routing through a local dealer. The ATF must approve the transfer before the heir takes physical possession. As of January 2026, processing times are roughly one day for electronic filings and about seven days for paper submissions.6Bureau of Alcohol, Tobacco, Firearms and Explosives. Current Processing Times
Documentation submitted with the Form 5 includes the executor’s court appointment papers, a copy of the death certificate, a copy of the will if one exists, and any other documents affecting the disposition of the firearms.7ATF eRegulations. 27 CFR 479.90a – Estates
If the NFA Item Is Not Registered
An unregistered NFA item found in an estate is contraband. There is no mechanism under current law to register it after the fact. The executor should contact the local ATF field office to arrange for the item to be surrendered. Keeping it, transferring it, or trying to register it are all federal offenses.4Bureau of Alcohol, Tobacco, Firearms and Explosives. Transfers of National Firearms Act Firearms in Decedents’ Estates
State and Local Registration Rules
Whether you have to register the firearm ultimately turns on your state, and the rules vary sharply. Most states impose no registration or permit requirement for possessing an inherited rifle, shotgun, or handgun. You take possession and that is the end of it.
A small number of states, plus one federal district, require all firearms to be registered with a designated agency, and inherited firearms are not exempt. These jurisdictions typically require an heir to apply for a permit before taking possession and then register the firearm within a short window, often five to 60 days. Some require the heir to complete a safety course or pass a local background check on top of any federal requirements.
Other states sit in between. They may not run a formal registry but require a permit to possess or a license to own firearms, which means an heir has to complete an application process before legally keeping the guns. Fees and processing times run from free in some places to several hundred dollars where local and state requirements stack.
The reliable sources for your specific rules are the state attorney general’s office, the state police, or the firearms unit of the local law enforcement agency. General guides don’t track the changes, and the penalties for guessing wrong are real.
How the Process Actually Works
NFA Firearms
The executor gathers the appointment papers, death certificate, and will, completes ATF Form 5, and submits it with the heir’s fingerprint cards. The executor keeps physical custody of the firearm until the ATF approves the transfer. Once approved, the item is re-registered to the heir, who can then take possession. If your state layers on its own registration or permit requirements for NFA items, complete those as well.
Standard Firearms, Same State
The executor transfers the firearm directly to you. No federal paperwork is required. Check whether your state requires a permit, registration, or background check, and complete that process with the appropriate state agency before or immediately after taking possession, depending on the local timing rule.
Standard Firearms, Different States
Federal law lets you receive a bequeathed firearm from an out-of-state estate without going through a dealer, as long as you’re legally permitted to possess it in your home state.2Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts The logistics can still be awkward. Many executors send the firearm to a licensed dealer in the heir’s state to simplify shipping, even though the bequest exception doesn’t require it. If the firearm does go through a dealer, you’ll complete an ATF Form 4473 and undergo a background check before taking possession.8Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Federal Firearms Licensee Quick Reference and Best Practices Guide Your state’s registration or permit rules apply regardless of how the firearm arrives.
If You Don’t Want to Keep the Firearms
Not every heir wants inherited guns, and the options depend on the type of firearm.
- Sell to a licensed dealer. Any FFL can purchase firearms from you and handle the record-keeping. For NFA items, the Form 5 transfer to you has to be completed and approved first.
- Consign through an auction house. Estate firearms with collector value sometimes bring better prices at auction. The auction house should hold an FFL to handle transfers legally.
- Surrender to law enforcement. Most local police and sheriff’s departments will accept firearms for destruction. Call ahead — walking into a station carrying a gun unannounced is a bad idea.
- Transfer to another eligible person. If someone else in the family wants the firearm, the executor can often transfer directly to them, subject to the same state and federal rules that apply to any transfer. Interstate transfers to non-heirs generally do require an FFL.