11 Sep What to Do with Firearms & Other Restricted Items in Your Arizona Estate Plan

When it comes to estate planning, most people think about protecting their homes, bank accounts, or family heirlooms. However, if you own firearms or other restricted items, the planning process can be more complex. 

Arizona has relatively permissive gun laws compared to other states, but there are still important state and federal regulations that come into play when passing firearms to your heirs. Careful planning ensures your loved ones inherit responsibly and legally—here’s what to know. 

Why Firearms Require Special Consideration in Estate Planning

Firearms are not like other assets you can simply list in a will. Depending on the type of weapon, its registration status, and who is set to inherit it, the transfer process could involve federal laws under the National Firearms Act (NFA) or the Gun Control Act (GCA). 

Standard firearms (rifles, shotguns, handguns) are often easier to transfer under Arizona law, but must still go to someone legally allowed to own them. Restricted firearms (silencers, short-barreled rifles, machine guns, etc.), on the other hand, are heavily regulated by the NFA and require approval from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) before being transferred. 

What Happens to Firearms Left in a Will?

Including firearms in your will may carry some risks. For instance, a will generally states that your property passes directly to your heirs. But with firearms, especially NFA-regulated weapons, a direct transfer without ATF approval could result in an unlawful possession charge. Firearms listed in a will also go through the probate process, which is public record. So how can you protect your firearms? We lay out the best steps for including firearms in your estate plan without the need for a will below.  

Steps for Including Firearms in Your Arizona Estate Plan

1. Take a Complete Inventory of Your Firearms

Start by creating a detailed list of what you own. For each firearm, make a note of the:

• Make, model, and serial number: this provides a clear record of exactly what is owned. The serial number is especially important for tracking and transfer purposes.
• Type of firearm: such as handgun, shotgun, rifle, semi-automatic, etc.
• NFA status: Identify whether the firearm is regulated under the National Firearms Act, such as silencers/suppressors, short-barreled rifles, or automatic weapons.

A clear inventory prevents confusion, ensures all firearms are accounted for, and avoids accidental violations of the law during transfer to heirs. Without a proper record, your executor might unintentionally transfer a restricted item illegally, which could lead to criminal penalties.

It’s a good idea to store this inventory in a secure location with your estate planning documents, but never directly in your will (since probate is public). Keep it updated any time you buy, sell, or dispose of a firearm. 

2. Confirm Who Can Legally Inherit Firearms

Not everyone is eligible to own a firearm. Under federal law, people who are prohibited from possessing a firearm include:

• Convicted felons
• Individuals convicted of domestic violence offenses
• Those under restraining orders related to harassment or threats
• Individuals with certain mental health restrictions
• Unlawful drug users

Arizona law also requires that the recipient be at least 18 years old to own a firearm purchased by a private individual, and 21 years old for handguns purchased from a federally licensed dealer. Verifying your heir’s eligibility now prevents delays or illegal transfers later. 

3. Consider a Gun Trust

A gun trust is a specialized legal tool designed to hold and manage firearms, especially NFA-regulated items. One of the most effective tools for estate planning with firearms is a gun trust, which allows multiple trustees to lawfully use and possess firearms. A trust simplifies the transfer of restricted weapons without committing accidental felonies. It also keeps sensitive information about firearms private, and avoids probate. 

4. Work with the ATF on Restricted Items

If your estate includes silencers, automatic weapons, or other NFA items, your executor (or trustee, if using a gun trust) must file the proper paperwork with the ATF before transferring ownership. Your executor or trustee must:

• File ATF Form 5 (Application for Tax-Exempt Transfer and Registration of Firearm)
• Wait for the ATF to approve the transfer before the heir takes possession
• Maintain secure storage of the firearm during this approval period. 

This process can take months, sometimes longer. If you plan ahead by establishing a gun trust or ensuring your executor understands the process, you’ll help prevent legal issues and unnecessary stress for your heirs. 

5. Secure Proper Storage and Access

Firearms must be safely stored during your lifetime and after your death. Poor planning can create liability for your family and make compliance with state and federal laws more difficult. Make sure to store your firearms in a secure safe or cabinet, and restrict access to those legally permitted. You should also provide your executor or trustee with clear instructions for accessing your firearms. They must store them safely until the transfer is complete. 

If your executor does not wish to be personally responsible for the firearms, they can arrange for temporary safekeeping with a licensed dealer. This prevents unlawful possession and provides additional security while the transfer process is finalized. 

6. Update Your Plan as Laws Change

Gun laws—both at the state and federal level—can change over the years. What is legal and valid today may require different handling in the future. Regularly review your estate plan with the Phelps LaClair team to ensure your plan stays compliant and is successful when the time comes. 

Consult with an Arizona Estate Planning Attorney

Firearms come with unique responsibilities in estate planning. The Phelps LaClair team understands Arizona and federal gun laws and can help you protect your legacy and your loved ones. We’ll help you determine the classification of your firearms, set up a gun trust or other legal structures for safe transfer of your assets, and ensure your heirs avoid accidental violations of state or federal laws. 

Ready to get started on your estate plan? Contact Phelps LaClair today to schedule a free consultation in the Phoenix Valley. 

Images used under creative commons license – commercial use (9/11/2025). Photo by David Levêque on Unsplash