Someday This Will Be Yours: A Guide to Inheriting Firearms in Florida

April 15, 2026

Someday This Will Be Yours: A Guide to Inheriting Firearms in Florida

As an avid gun enthusiast, I’ve spent years learning about firearms, collecting unique and old models, and perfecting my skills at the range. The engineering behind each piece fascinates me, and I find genuine satisfaction in modifying rifles and pistols for greater accuracy. This passion isn’t just mine - it’s something I’ve shared with my sons. They enjoy the challenge of target shooting and appreciate the craftsmanship that goes into every firearm, even though their interest isn’t quite as intense as mine.

Naturally, it’s important to me that, when my time comes, my collection - and hopefully my passion - can be passed on to my sons. But as with anything involving firearms, understanding the law is crucial. Federal and State regulations govern how firearms can be transferred, especially after someone passes away. Let’s take a closer look at what the State of Florida, my residency, requires when it comes to inheriting firearms.

NOTE: Always check your local and state laws. We are NOT attorneys, nor are we offering legal advice. The breakdown below can be used as a guide to research the laws in your residency.

Identifying Your Firearms: Title I vs. Title II

The first step in planning your legacy is knowing which "bucket" your firearms fall into, as the rules for each are very different.
Title I Firearms: These include standard rifles, shotguns, and handguns. In Florida, these are generally straightforward to pass down. If your heirs are Florida residents and are not "prohibited persons," they can typically receive these through a will or intestate succession without a complex federal filing.
Title II (NFA) Firearms: If your collection includes suppressors, short-barreled rifles (SBRs), or machine guns, these fall under the National Firearms Act (NFA).

Important 2026 Update: Under the "One Big, Beautiful Bill" (OBBB), the $200 transfer tax has been removed for suppressors, SBRs, and SBSs. However, machine guns and destructive devices still require the $200 tax stamp. Regardless of the tax, the registration paperwork is still mandatory.

The Transfer Process: Form 5 is Your Friend

When an individual owner passes away, the NFA items in their estate are not automatically "free." The executor of the estate must file ATF Form 5.
Tax-Exempt: Form 5 allows for a tax-exempt transfer to a lawful heir.
Possession: Heirs cannot take possession until the ATF approves the Form 5. During the waiting period, the executor is responsible for the safe and legal storage of the items.

Florida’s New Age Requirements (2026)

As of July 1, 2026, Florida law has shifted regarding age. HB 133 reduced the minimum age to purchase or receive a firearm transfer (including long guns) from 21 back to 18. This is a significant change for fathers looking to pass collections to their adult children who may have previously been in a legal "gray zone" between 18 and 21.

Why Use a "Gun Trust"?

To avoid the public and often slow process of probate, many Florida collectors use a Florida Gun Trust.
Privacy: Unlike a will, a trust doesn't become public record.
Shared Possession: You can name your sons as "Co-Trustees," allowing them to legally use and possess the firearms while you are still alive.
Avoids "Constructive Possession": If you own an NFA item individually and your son has the key to the safe, he could technically be in "constructive possession" of an unregistered firearm. A trust solves this by making him a legally authorized user.

The "Prohibited Person" Check

Even with a perfect trust, a person cannot legally inherit a firearm in Florida if they are a "prohibited person." This includes:

Convicted felons (without restored rights).
Individuals with active domestic violence injunctions.
Those adjudicated as mentally incompetent.

Conclusion: Plan Today for Their Tomorrow

Inheriting a collection is about more than just hardware; it’s about passing down a piece of history and a family bond. By taking the legal steps today - whether through a specialized Gun Trust or a clearly defined Will - you ensure that "someday" remains a gift, not a legal burden for your sons.

We put together this checklist designed to be kept with your collection. It provides a step-by-step roadmap for your executor (or your sons) to ensure that your firearms are handled with the care and legal precision they deserve.

Executor’s Checklist: Inheriting Firearms in Florida (2026 Edition)

Note to Executor: Under 27 CFR 479.90a, you may legally possess the decedent’s registered NFA firearms during the probate process without it being considered an illegal "transfer," provided you are following the required steps for final distribution.

Phase 1: Immediate Safety & Security

Secure the Collection: Ensure all firearms are in a locked safe or cabinet. Store ammunition separately.
Verify "Cleared" Status: If you are not familiar with firearms, do not handle them. Contact a trusted professional or a licensed dealer (FFL) to ensure all pieces are unloaded and safe.
Locate Documentation: Find the original Will, any Gun Trust documents, and purchase receipts.

Phase 2: The Inventory

Create a Detailed Log: Record the Manufacturer, Model, Serial Number, and Caliber/Gauge for every item.
Identify NFA Items: Flag any suppressors, short-barreled rifles (SBRs), or machine guns. These require specific federal forms.
Photo Documentation: Take clear photos of each firearm, specifically focusing on the serial numbers and any unique markings.

Phase 3: Legal Compliance & Transfer

Confirm Beneficiary Eligibility: Verify that the heirs are at least 18 years old (per 2026 Florida law HB 133) and are not "prohibited persons" (e.g., felons, certain domestic violence injunctions).
Title I Transfers (Standard Guns): If the heir is a Florida resident, you can typically transfer these directly once the probate court approves.
Title II/NFA Transfers:

Complete ATF Form 5 (Application for Tax-Exempt Transfer).
Tax Check: Confirm if the $200 tax is required. (Reminder: Under the OBBB Act of 2026, suppressors and SBRs are now $0, but machine guns still require the $200 stamp).
Fingerprints/Photos: Ensure the heir provides the required fingerprints and passport photos for the ATF.
Wait for Approval: Do not hand over NFA items until the ATF returns the approved Form 5 with the appropriate stamp.

Phase 4: Final Records

Update the Registry: Once the transfer is complete, ensure the new owner keeps the approved Form 5 in a safe place (digital copies are recommended).
Close the Estate File: Maintain a copy of the final distribution receipt signed by the heirs for the estate records.

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Sources:

Legacy Assurance Plan

legacyassuranceplan.com

“How to transfer in your estate plan: Gun trusts vs. living trusts”

National Gun Trust

www.nationalguntrust.com

“Do you still need a gun trust after Tax Stamp change?”

“What is the future of AFT Form 5? – National Gun Trusts”

75^th Bunker & Morgan Firearms

75thbunker.com

“Purchasing NFA Items – 75^th Bunker & Morgan Firearms”

Molenaar Law PLLC