When a parent or relative passes away, firearms are often one of the last things the family thinks about, and one of the easiest places for an executor to make a mistake. Some guns can go straight to a family member. Some should go through a licensed dealer. A few require federal approval before they can move at all.
Here’s a simple checklist we walk executors and families through in the Charleston area.
1. Secure them and leave them where they are
Lock the firearms up, or leave them locked where they are. Don’t sell, give away, or hand out guns to relatives yet, even if someone was “promised” a particular one. Moving firearms before you know what you have is where most problems start.
2. Make a simple list
For each firearm, note the make, model, and serial number if you can see it. A phone photo of each one is fine. Also note anything that looks unusual:
- A silencer (suppressor) attached or in a case
- A very short barrel on a rifle or shotgun
- Anything that might be fully automatic
3. Set NFA items aside
Machine guns are still fully regulated under the National Firearms Act. A registered machine gun can be inherited, but it has to be transferred with ATF’s approval, and it shouldn’t be moved, sold, or given away until it’s been checked. The rules for suppressors and short-barreled rifles changed in October 2026, but it’s still worth having a licensed Class III dealer identify these items before anything else happens. (See our NFA transfers page.)
4. Think about who is receiving each gun
Two questions matter for every firearm:
- Can this person legally own a gun? A firearm shouldn’t go to, or be stored in a home with, someone who is prohibited from having one. This comes up more often than families expect.
- Where does this person live? Heirs in South Carolina are usually simple. Federal law also makes allowances for firearms passed by inheritance to someone in another state, but that person’s state may have its own rules, and shipping a gun across state lines has strict requirements. The safest route is usually a transfer through a licensed dealer near the heir.
5. Decide what to do with guns no one wants
Private sales are legal in South Carolina in many situations, but they put the burden on the executor to make sure every buyer can legally own a gun. Selling through a licensed dealer, on consignment, means every buyer goes through a federal background check and the estate gets a clean written record of each sale.
6. Keep a record for the estate file
Whatever happens to each firearm, write it down: who received it, when, and how. The estate’s attorney will want it, and it protects the executor.
How we help
Charleston FFL Transfers is a federally licensed dealer and Class III SOT on Wappoo Creek Drive. For executors, families, and estate attorneys, we can inventory the collection on site, identify NFA items, value the firearms, complete transfers to heirs (including out-of-state heirs), and sell what the family doesn’t want to keep. Engagements are flat-fee and quoted up front.
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.