Managing guns in your Delaware estate refers to the transfer of a firearm in an estate plan. Your estate in Delaware can gift a gun to a designated person listed in your will. If you leave no instructions in your will, the executor can choose what to do with the gun.
Gifting a gun
One of the easiest ways to gift a gun in your Delaware estate planning is to do a transfer by a Federal Firearms Licensed (FFL) dealer. The person who receives the weapon must pass a background check.
You can choose a blood relative who lives in the same state and is legally allowed to purchase and own a gun. If the person of choice isn’t a blood relative or lives in another state, the transfer must occur at a gun store with a Federal Firearms License.
Beneficiaries and federal restrictions
There are federal laws that prohibit gun ownership for certain people. You might want to familiarize yourself with these laws before choosing a beneficiary. Consider the following:
The Gun Control Act of 1968 established that a person convicted of a felony is usually not allowed to own or purchase a gun. In 1996, the government amended the gun control act to include people convicted of domestic violence.
Some restraining orders prohibit a person from owning or buying a gun. Any person diagnosed with a mental illness or who spent time in a mental institution is also likely excluded.
Several more federal restrictions regulate gun ownership. When gifting your gun, you’re responsible for knowing if the person you choose is eligible. You might need legal guidance to determine who can receive your gun.
