In the state of Illinois, where firearm regulations are stringent, it’s crucial to understand the legal and practical considerations involved in dealing with firearms during the estate administration process.
- Compliance with State and Federal Laws
In Illinois, strict firearm regulations apply. The first step in handling firearms as part of an estate is to ensure the executors and trustees adhere to both state and federal laws when handling firearms. The Illinois Firearm Owners Identification (FOID) Card Act requires any Illinois resident who acquires or possesses firearms or ammunition to have a valid FOID card. There is no exemption for a person who is administering the estate or trust, so the person administering the estate needs to obtain a FOID card before possessing the firearms. Further, certain “Title II” weapons have additional registration requirements. These weapons include, but are not limited to, machine guns, sound suppressors, short-barreled rifles and shotguns, and explosives.
- Identification and Valuation of Firearms
The next step in the administration of firearms is to identify and inventory all firearms owned by the decedent. This includes rifles, shotguns, handguns, and any related accessories. An inventory that includes a description and serial number of the firearms is vital. Accurate valuation of firearms is essential for tax and distribution purposes, and it’s advisable to seek professional assistance, such as an appraiser or a licensed firearm dealer, to ensure fair valuation.
- Transferring Firearms to Heirs or Beneficiaries
Transferring firearms to heirs or beneficiaries requires careful adherence to the law. In Illinois, the transfer of firearms can only be made to individuals with valid FOID cards. The federal Gun Control Act prohibits the transfer of firearms to individuals prohibited by law from possessing them, such as convicted felons and individuals with certain mental health conditions.
Executors and trustees are required to ensure that recipients possess a FOID card, and confirm the card has not been revoked, before proceeding with transfers. A background check may also be required for certain transfers. The administrator of the estate must keep a record of the transfer for a minimum of ten years and the record shall include the date of the transfer, name and address of the transferee, and the serial number and an identifying description of the firearm that was transferred.
- Selling or Transferring Firearms Out of State
If an heir or beneficiary resides out of state and wishes to receive a firearm from the estate, the transfer process becomes more complex and legal counsel should be consulted to ensure legal requirements are met. The executor is required to make sure the person receiving the firearm is legally allowed to possess the firearm both in Illinois and in the state that person resides.
- Temporary Storage and Safety Measures
During the estate administration process, the firearms need to be safely stored to prevent unauthorized access and ensure compliance with relevant laws. If the firearms are to be sold or transferred at a later date, they should remain in a secure location, such as a locked gun safe, until the transfer is complete.
Further, when transporting a firearm in Illinois, the person in possession must transport the firearm unloaded and completely enclosed in a case.
- Legal Assistance and Documentation
Administering an estate that involves firearms in Illinois requires a thorough understanding of state and federal regulations, meticulous documentation, and careful consideration of the unique circumstances surrounding the types of firearms and individuals involved. An attorney experienced in both estate and trust administration law and firearm regulations can guide you through the process, ensure compliance, and help draft necessary documents to complete the transfer of ownership of the firearms.