Transferring Firearms into a Minnesota Estate Plan

If you own firearms in Minnesota, your estate plan needs to address them—carefully. Firearms are unlike most other personal property. Transfer them incorrectly, and your family could face serious legal consequences, including federal felony exposure. With the right planning, however, you can keep your collection in the family, out of probate, and out of trouble. Here is what every Minnesota gun owner should understand.

First: Categorize the Firearms

The right strategy depends heavily on what kind of firearms the client owns.

Title I (Ordinary Firearms) — standard rifles, shotguns, handguns not regulated by the NFA

Title II (NFA Firearms) — suppressors, short-barreled rifles (SBRs), Any Other Weapons (AOWs), destructive devices

Minnesota-specific note: Machine guns and short-barreled shotguns are banned at the state level in Minnesota, so those two NFA categories are off the table for Minnesota residents entirely.

Option 1: Will / Intestate Transfer (Title I Firearms)

For ordinary firearms, a will works fine. Minnesota’s transfer reporting requirements under Minn. Stat. § 624.7132 do not apply to transfers at death—so the 30-day waiting period and background check requirements for pistol/assault weapon transfers are exempted for estate transfers.

Practical considerations:

• Identify specific firearms and beneficiaries clearly in the will or a personal property memorandum

• Confirm beneficiaries are legally eligible to possess firearms (Minn. Stat. § 624.713)

• Firearms go through probate, which creates a public record

Option 2: Revocable Trust (Title I Firearms)

Titling firearms in a revocable living trust avoids probate and keeps the collection private. This works well for clients with significant collections of ordinary firearms. The trustee takes possession at death and distributes per trust terms without court involvement.

Option 3: Gun Trust (NFA Firearms — Suppressors, SBRs, AOWs)

For clients with NFA-regulated items, a dedicated gun trust is generally the best planning vehicle. Key advantages:

• NFA firearms registered to a Minnesota gun trust pass to beneficiaries outside of the probate process according to the trust’s terms

• NFA firearms registered to an individual pass through probate, which can be both slow and expensive

• Multiple trustees can lawfully use and possess the NFA firearms, whereas NFA firearms registered to an individual can only be used and possessed by that registered individual during their lifetime

• If a family member has access to a safe containing an NFA item they aren’t authorized to possess, it is technically a felony—a gun trust eliminates that exposure

• If the settlor is later deemed incompetent, a co-trustee can take possession of the NFA firearms and hold them on behalf of the settlor

At Death: NFA Transfer Process Through an Estate

If a client dies with NFA items owned individually (no gun trust), the executor handles the transfer:

• NFA firearms may be transferred on a tax-exempt basis to a lawful heir using ATF Form 5 (Application for Tax Exempt Transfer and Registration of a Firearm). A lawful heir is anyone named in the will, or anyone entitled to inherit under Minnesota intestacy law.

• For transfers outside the estate (to a non-heir), ATF Form 4 is used and the $200 transfer tax applies

• Unregistered NFA firearms in an estate are contraband and cannot be registered—the executor should contact the local ATF office

Practical Checklist for Estate Planning Clients

1. Inventory the collection — identify every firearm, its type, and whether it’s NFA-regulated

2. Confirm beneficiary eligibility — no prohibited persons under state or federal law

3. Consider a gun trust for any NFA items (suppressors, SBRs, AOWs)

4. Use a revocable trust or will with a personal property memorandum for Title I firearms

5. Secure storage instructions — address who has access and when, to avoid inadvertent possession violations

6. Coordinate with a licensed firearms dealer for any post-death transfers that require Form 4 processing

Questions? We Can Help.

Estate planning for gun owners requires careful attention to both federal and Minnesota-specific law. At Donohue McKenney, Ltd., we help clients build plans that protect their families and their collections. Contact our Maple Grove office to schedule a consultation.

763-201-1450 or info@dmlawltd.com

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By Chad Mckenney • February 6, 2026

WHO WE ARE Donohue McKenney Ltd. is a full-service law firm in Maple Grove, Minnesota, providing comprehensive legal services to business and individual clients throughout the Twin Cities and nationwide since 1994. Our practice areas include business law, construction law, employment law, real estate, estate planning, probate, family law, personal injury, and civil litigation. Visit dmlawltd.com for additional information. POSITION OVERVIEW We are seeking an experienced Legal Assistant or Paralegal to join our team, providing support to our family law and civil litigation attorney. The ideal candidate is a detail-oriented self-starter who thrives in a collaborative, team-oriented environment and can effectively manage multiple priorities while meeting deadlines. KEY RESPONSIBILITIES Case Management & Administration • Assist in all aspects of family law and civil litigation matters • Maintain attorney's calendar and coordinate phone calls, meetings, depositions, mediations, and court appearances • Monitor intake of new matters and schedule consultations with attorneys • Ensure proper docketing and timely filing of all court papers • Track case progress, deadlines, and procedural requirements • Maintain organized case files with all relevant documents, pleadings, and correspondence Document Preparation & Filing • Draft, prepare, proofread, and review legal documents including pleadings, correspondence, deeds, and estate planning documents • File and eFile documents with courts and governmental offices Client Relations • Conduct new client intake calls and gather essential case information • Create and update client and matter records in case management database • Communicate case status updates and upcoming deadlines to clients and respond to client questions • Gather information from clients to respond to discovery requests Research & Support • Research and compile case-related documentation, reports, and billing summaries • Organize discovery materials and evidence • Assist in hearing and trial preparation • Perform various clerical duties including routing mail and screening calls/emails QUALIFICATIONS Required • Minimum 2 years of administrative assistant experience • Knowledge of Minnesota state court procedures and e-filing systems or willingness to learn • Proficiency in Microsoft Office, Adobe Acrobat, case management software, and legal research tools. Willingness to learn unfamiliar software. • Exceptional organizational abilities and attention to detail • Excellent written and verbal communication skills • Ability to manage multiple priorities and meet deadlines • Strong interpersonal skills and team collaboration abilities • Self-motivated with a positive, professional, can-do attitude • Commitment to strict confidentiality Preferred • Legal Assistant or Paralegal experience • Experience with family and domestic law matters COMPENSATION & BENEFITS • Competitive salary based on experience • Medical, Dental, HSA, and 401K options • Flexible/hybrid schedule available after initial training period TO APPLY Please send your resume to Info@dmlawltd.com We are not accepting search firm submissions for this position. Please apply directly.