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title: Acquiring Firearms from a Deceased Person’s Estate
url: https://www.fastbound.com/faq/acquiring-firearms-from-a-deceased-persons-estate/
description: "Who is the “person” you acquired from? Under the Gun Control Act, a “person” is an individual, corporation, company, association, firm, partnership, society, or joint stock company (27 CFR § 478.11). An estate is not on that list. The National Firearms Act definition of “person” is broader and does include an estate, but that definition… Continue reading Acquiring Firearms from a Deceased Person’s Estate"
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Who is the “person” you acquired from?

Under the Gun Control Act, a “person” is an individual, corporation, company, association, firm, partnership, society, or joint stock company (27 CFR § 478.11). An estate is not on that list. The National Firearms Act definition of “person” is broader and does include an estate, but that definition does not apply to ordinary GCA recordkeeping.

The deceased owner can’t transfer firearms after death, and the estate isn’t a GCA “person,” so you can’t record either as the source. Record the individual serving as the executor or administrator as the person you acquired the firearms from.

Example: Mary Doe, Executor of the Estate of John Doe

What ATF Ruling 96-2 says

ATF Ruling 96-2 addresses estate sales conducted through auctioneers. For firearms in an estate, it explains that:

The firearms belong to and are possessed by the executor, and the estate controls their sale to third parties.

An auctioneer helping an executor sell estate firearms acts as the executor’s agent. That is not “engaging in the business” of dealing in firearms and does not require a license.

This differs from regularly held consignment auctions (for example, every 1–2 months) where the auctioneer takes possession of firearms from multiple owners. Those auctioneers must be licensed.

The ruling supports treating the executor as the party who holds and transfers the firearms. You can read the full text on the ATF website.

Recording the acquisition in FastBound

Add the executor or administrator as the contact (name and address) and enter the acquisition from that contact.

Put the estate relationship in the name or notes so the record is clear on inspection, such as Mary Roe, Executor of the Estate of John Doe.

Enter the acquisition within the time required by 27 CFR § 478.125.

Keep a copy of the documentation showing the executor’s authority, such as letters testamentary or letters of administration.

Things to keep in mind

NFA firearms. Transferring NFA items out of an estate has its own ATF approval requirements. Confirm the process before you take possession.

State and local law. Some states have additional rules for estate transfers.

Not legal advice. When in doubt, contact ATF or an attorney who knows firearms law.