NC Estates and the Transfer of Firearms: 5 Key Questions for Personal Representative
At NC Planning, we know that estate planning isn’t a one-time event. It’s an ongoing process that changes as your needs and circumstances change. Serving as a Personal Representative (PR) for an estate can be a big responsibility, especially when it comes to handling firearms. Whether the person who passed away specifically mentioned firearms in their will or they’re part of the general estate, there are several important things to consider when handling them.
Here are five key questions every PR should ask when transferring firearms in North Carolina:
1. What Type of Firearm is It?
There are many different types of firearms, from handguns and pistols to rifles, shotguns, and even antique long-barrel guns. North Carolina law defines a firearm as “a handgun, shotgun, or rifle that expels a projectile by an explosion” (NCGS 14-409-93). Knowing what type of firearm you’re dealing with is important because different laws apply depending on the type. This will help you understand the legal steps for transferring ownership.
2. What Title Considerations Are There for Each Firearm?
The rules for owning and transferring handguns are different from those for long-barrel firearms like rifles and shotguns. In North Carolina, you need a purchase permit or a concealed carry permit for handguns. Long-barrel firearms, like rifles and shotguns, don’t usually need these permits. As the PR, it’s important to make sure any necessary permits are in place before transferring ownership of a firearm.
3. What Happens to the Firearm After the Owner’s Death?
When someone passes away, their heirs automatically inherit the title and right to possess any firearms they owned. However, once a Personal Representative is appointed that title and right are transferred to the PR to manage the estate. This gives the PR the authority to control the firearms and handle them according to the law and the estate plan.
4. How Should a PR Transfer a Firearm After the Owner’s Death?
Even though the PR holds the title to the firearms in the estate, transferring them to the beneficiaries can be complicated, especially for handguns. Under NCGS 14-402(a), it is illegal to transfer a handgun without a permit or a valid concealed carry license. Although the North Carolina Department of Justice doesn’t require a PR to get a handgun purchase permit, the PR must verify that the beneficiary has the necessary permits before handing over any handguns. For rifles and shotguns the process is usually simpler, but all legal guidelines must still be followed.
5. What If a Firearm Is Left to a Minor?
If a firearm, especially a handgun is left to someone under 18 there are specific legal rules to follow. North Carolina law doesn’t allow minors to own handguns, except in certain cases like education, recreation, or hunting. A County Sheriff must issue a handgun purchase permit for minors in these cases. Without the permit, owning a handgun under 18 is considered a Class 1 misdemeanor. As the PR, it’s your job to make sure that firearms given to minors are transferred legally.
Ongoing Estate Planning with NC Planning
At NC Planning, we know that estate planning isn’t the same for everyone. It changes as your needs change, and we’re here to help keep your estate plan up to date with your goals. If you’ve been named as a Personal Representative and need help with transferring firearms, or any other part of estate administration we’re here to support you.
Contact NC Planning today to learn how we can guide you through this process and help keep your plan in line with your needs, now and in the future.
