Inherited Firearms in Delaware
A practical guide to inheriting firearms in Delaware, including estate transfers, executors, prohibited-person status, inherited assault weapons, NFA firearms, interstate inheritance and what to do before taking possession.
Important
Assault weapons: Special inheritance exception
NFA firearms: Federal transfer process applies
Heir: Must be legally eligible
Inheritance is not the same as buying a firearm
A firearm passing through an estate can be treated differently from a voluntary sale or gift, but the heir must still be legally eligible to possess the firearm and the firearm itself must be lawful for the heir to receive.
Executor or Administrator
The personal representative may possess estate firearms as necessary to administer and distribute the estate.
Must Be Eligible
Inheritance does not override prohibited-person restrictions under Delaware or federal law.
Extra Rules May Apply
Assault weapons and federally regulated NFA firearms have additional inheritance procedures.
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Does an inherited firearm require the same transfer as a private sale?
Not necessarily. Delaware’s private-transfer statute defines a firearm “transfer” broadly, but specifically excludes a transfer that occurs by operation of law or because of a person’s death when handled by an executor, administrator of an estate, or trustee of a trust created in a will.
Estate inheritance is treated differently from an ordinary person-to-person sale
That distinction can eliminate the ordinary Delaware private-transfer background-check procedure when the firearm passes through the estate by operation of law. It does not eliminate other restrictions that may apply to the firearm or recipient.
What should the executor do?
Before distributing firearms, the personal representative should identify what firearms are in the estate and determine whether any are subject to special state or federal restrictions.
Record manufacturer, model, caliber, serial number and magazine capacity where applicable.
Determine whether any firearm may be an assault weapon, NFA firearm or otherwise specially regulated item.
Follow the will, trust or applicable probate and succession rules.
Do not give possession to an heir who is prohibited from possessing the firearm.
Is an FFL background check always required?
No. Delaware’s ordinary unlicensed-person transfer statute expressly excludes qualifying transfers that occur by operation of law or because of death through an executor, administrator or testamentary trustee.
But do not confuse inheritance with a later sale
Once an heir owns the firearm, a later sale or voluntary transfer to another person is a separate transaction and may be subject to Delaware’s normal firearm-transfer rules.
A prohibited person cannot lawfully inherit possession of a firearm
Inheritance does not override Delaware or federal prohibited-person laws.
Do not simply hand over the firearm
If there is any question about the heir’s firearm eligibility, the estate should resolve that issue before transferring physical possession.
Can a Delaware assault weapon be inherited?
Delaware expressly provides an inheritance exception to its assault-weapon prohibition.
An assault weapon may be received by inheritance if:
Delaware also permits a personal representative of an estate to receive and possess the assault weapon as necessary to perform estate duties, including transferring it under the will or probate proceedings.
Certificate of possession for an inherited assault weapon
Delaware law allows a person who inherits, or lawfully receives from a family member, a qualifying assault weapon to apply for a certificate of possession within 60 days after taking possession.
Proof is required
The applicant must establish that the prior owner lawfully possessed the firearm and that the applicant is the lawful recipient of the transfer.
Do inherited magazines automatically become lawful?
No. Delaware regulates large-capacity magazines separately from the firearm itself.
A magazine capable of accepting more than 17 rounds generally falls within Delaware’s large-capacity-magazine definition unless an applicable exception applies.
Inheriting the firearm does not necessarily create an exception for its magazines
Analyze the magazines separately before taking possession.
What if the estate contains an NFA firearm?
NFA firearms require a separate federal estate process. Do not simply give an NFA firearm to the beneficiary.
Form 5 may be used
A registered NFA firearm may generally be transferred tax-exempt from an estate to a lawful heir through the federal Form 5 process.
Do not take possession
An unregistered NFA firearm presents a serious federal legal issue and generally cannot simply be registered by the estate after the owner’s death.
What if the decedent or heir lived in another state?
Interstate inheritance requires consideration of federal law and the laws of the relevant states.
Inheritance is different from an interstate private sale
Federal law contains inheritance rules that can allow firearms to pass by bequest or intestate succession without following the ordinary interstate dealer-transfer procedure, but the heir’s possession must still be lawful where the heir lives.
What if the heir does not want the firearms?
An heir does not have to keep inherited firearms. Depending on the firearm, legal options may include sale through a licensed dealer, consignment, lawful transfer to another eligible person, or other lawful disposition.
Restricted firearms need special handling
An assault weapon, NFA firearm or firearm associated with restricted magazines should not be treated like an ordinary hunting rifle or shotgun. Determine the lawful disposition method before transferring possession.
Need help identifying or selling inherited firearms?
Coastal Firearms
DelawareGunLaws.com is supported by Coastal Firearms, a Delaware federally licensed firearms dealer.
Coastal Firearms can assist families and estate representatives with identifying firearms, reviewing potential Delaware restrictions, lawful dealer transfers, and consignment or sale options when appropriate.
If the estate includes an unfamiliar AR-platform firearm, NFA-regulated item or other potentially restricted firearm, identify the item before transporting or transferring it.
Frequently asked questions
Do inherited firearms have to go through an FFL in Delaware?
Not necessarily. Delaware’s ordinary private-transfer provision excludes qualifying transfers occurring by operation of law or because of death through an executor, administrator or testamentary trustee. Special firearms and other circumstances can still require additional procedures.
Do I need a Handgun Qualified Purchaser Permit to inherit a handgun?
Delaware’s ordinary unlicensed-transfer requirements, including the handgun permit provision within § 1448B, operate through the statute’s definition of a transfer. A qualifying estate transfer occurring by operation of law or because of death is excluded from that definition. The heir must still be legally eligible to possess the handgun.
Can I inherit an AR-15 or other Delaware assault weapon?
Delaware has a specific inheritance exception for an assault weapon when the decedent lawfully possessed it and the heir is not otherwise prohibited from possessing it. Additional possession and documentation rules should be reviewed.
Is there a deadline involving an inherited assault weapon?
Section 1467 allows a person who inherits or lawfully receives a qualifying assault weapon from a family member to apply for a certificate of possession within 60 days after taking possession.
Can I inherit a 30-round magazine with the firearm?
Do not assume so. Delaware separately restricts magazines capable of accepting more than 17 rounds, and inheritance of the firearm does not automatically establish an exception for the magazine.
Can I inherit an NFA firearm?
Potentially, but the federal NFA process must be followed. A registered NFA firearm can generally be transferred tax-exempt from an estate to a lawful heir using ATF Form 5, subject to federal, state and local law.
What if the estate contains an unregistered NFA firearm?
Do not take personal possession or attempt an ordinary transfer. Unregistered NFA firearms create serious federal issues and require direct guidance from ATF or qualified legal counsel.
Can I sell a gun after I inherit it?
Potentially. Once ownership has lawfully passed to the heir, a later sale is a new transaction subject to the laws applicable to that sale or transfer. Restricted firearms may have additional limitations.
Related Delaware firearm-law topics
Official sources
11 Del. C. § 1448B — Private-transfer rules and estate-transfer exclusion
11 Del. C. § 1466 — Assault-weapon inheritance and estate exceptions
11 Del. C. § 1467 — Voluntary certificate of possession
ATF Form 5 — Tax-exempt estate transfer of qualifying NFA firearms
Legal information, not legal advice.
DelawareGunLaws.com is an independent educational resource and is not affiliated with the State of Delaware, ATF, a probate court or any government agency. Firearm inheritance can involve Delaware law, federal law, probate law and the law of another state. Special rules apply to assault weapons and NFA firearms. Executors and heirs should verify the exact firearm, ownership history and recipient eligibility before transferring possession.
Family Firearm Transfers in Delaware
Learn when Delaware family transfers are exempt from ordinary private-transfer requirements and when other firearm laws still apply.