It’s one of the most common questions we hear from executors in the Charleston area: Dad lived on James Island, but the son who’s inheriting his rifles lives in Virginia, and the daughter who wants his pistol lives in Texas. Can the guns go to them?
In many cases, yes. Federal law makes allowances for firearms passed down through a will or by inheritance, even across state lines. The part that trips people up is usually not the inheritance itself. It’s how the firearm physically gets from here to there.
The inheritance is usually allowed
Normally, someone who isn’t a licensed dealer can’t transfer a gun to a resident of another state. Federal law carves out an exception for firearms acquired “by bequest or intestate succession,” meaning through a will or under the state’s inheritance rules when there is no will. The heir also has to be allowed to own that firearm where they live.
That second part matters. A few states require registration, permits, or have their own lists of restricted firearms. A rifle that is perfectly ordinary in South Carolina may not be legal to own in the heir’s state at all. Check the heir’s state rules before anything moves.
Getting the gun there: three common routes
- The heir picks it up in person. If the heir can travel to South Carolina, they can usually take the firearm home with them. On the drive, it should be unloaded and locked in a case, out of reach of the passenger area. Federal law protects travelers passing through other states with firearms stored that way, as long as the trip starts and ends where they can legally have the gun.
- Ship it to a licensed dealer near the heir. This is the route we recommend most often, especially for handguns. The firearm goes to a federally licensed dealer (FFL) in the heir’s state, and the heir picks it up there. That dealer handles any paperwork or background check their state requires.
- Ship it directly to the heir. This is the route to be most careful with. As a private person:
- Handguns can’t be mailed through the U.S. Postal Service at all.
- Rifles and shotguns can be mailed by a private person only to a resident of their own state, or to a licensed dealer.
- Private carriers like UPS and FedEx must be told the package contains a firearm, and their own policies are generally stricter than the law. Many will only accept firearm shipments to or from licensed dealers.
In practice, an executor shipping a gun straight to an out-of-state heir’s front door is rarely the simplest or safest option.
NFA items: slow down
Machine guns are still fully regulated under the National Firearms Act. A registered machine gun can be inherited, but the transfer to the heir has to be approved by ATF first, and the firearm shouldn’t cross state lines until it is.
The rules for suppressors, short-barreled rifles, and short-barreled shotguns changed under ATF’s guidance in October 2026, and the details for heirs in other states are still being sorted out. If the estate includes any of these, call a Class III dealer before moving or shipping them.
Before anything ships: a quick checklist
- Confirm the heir can legally own a firearm. A gun should never go to someone who is prohibited from having one.
- Check the heir’s state and local rules for that specific firearm.
- Decide on the route: in-person pickup, or shipment to a dealer near the heir.
- Keep a copy of the will or the court papers naming you as personal representative. The receiving dealer may ask to see them.
- Write down what went to whom, when, and how, for the estate file.
How we help
Charleston FFL Transfers is a federally licensed dealer and Class III SOT on Wappoo Creek Drive. For executors with heirs outside South Carolina, we can take in the firearms locally, document each one, and ship them to a licensed dealer near each heir, so nothing is mailed by the family. We also handle NFA items and work directly with the estate’s attorney.
Learn more about our Estate Firearms Services →
This article is general information, not legal advice. Every estate is different, so we always work alongside the estate’s attorney.