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 THE PROCESS OF LIQUIDATING FIREARMS WHEN SOMEONE PASSES AWAY IN MAINE

​When the owner dies in Maine, the executor of the estate is responsible for handling any firearms according to both federal and state laws
. The process for transferring or disposing of the firearms depends on the deceased's estate plan and the legal eligibility of the beneficiaries. 

Step 1: Determine who has legal authority

With a will or trust: The executor of the will or trustee of the trust is legally responsible for the deceased person's property, including firearms.
Without a will or trust: If no estate plan is in place, the probate court will appoint a personal representative to handle the estate. The person handling the estate should secure the firearms immediately. 

Step 2: Secure the firearms
The first priority is to secure the weapons to prevent theft or misuse. You can do one of the following: 

 

- Make sure all firearms are unloaded! We have seen many guns loaded. Many guns have been handed to us stating that they were unloaded. If you do not know what to do we can help.
- Store them in a secure, locked gun safe. Storing them in an abandon home is a terrible idea. Storing firearms in an unheated location, near an outside wall, or an enclosed location like a closet or under a bed that does not have good air flow is a bad idea also. Rust and mold greatly effects the value. Improper cleaning of guns can also greatly effect the value. Do not attempt to clean them yourself. It they have rust on them don't let them sit with rust on them it is a cancer that grows. Mold typically is VERY hard to get off the wood most of the time the stock needs to be refinished.
- Transfer them temporarily to an entity with a Federal Firearms License (FFL) for safekeeping.
Contact your local police department to ask about storing the firearms with them while the estate is settled. Only your local FFL will stabilize the condition of the firearms the local police department will do nothing to make sure they don't rust.  

Step 3: Assess the firearms
Once the firearms are secured, the executor must determine how to proceed with the inventory.

All items must be inventoried. Recording information such as the make, model, and serial number of every firearm. A firearms dealer can help you with that.
         
Identify NFA items: Some firearms, such as fully automatic weapons, short-barreled rifles, and silencers, are regulated by the National Firearms Act (NFA). Check with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to see if these items were properly registered.
If registered: They can be transferred to a legally eligible heir through an FFL dealer.
If unregistered: These are illegal contraband and must be surrendered to the ATF.

Appraise their value: If you plan to sell the guns or distribute their value among multiple heirs, get a professional appraisal. This ensures an accurate valuation for the estate. 

Step 4: Transfer or sell the firearms - The executor has several options for what to do with the firearms.

Option 1: Transfer to a beneficiary

In-state transfers: To legally transfer a firearm to a beneficiary, the transfer should be facilitated by an FFL dealer. Both the executor and the beneficiary must go to the dealer, who will perform a background check on the beneficiary. If the beneficiary passes the background check, the transfer can be completed.
    
Eligibility: The beneficiary must be legally able to possess a firearm under both federal and Maine law. Certain individuals, such as those convicted of a domestic violence misdemeanor, are prohibited persons. The FFL dealer's background check will confirm this.
    
Interstate transfers: If the beneficiary lives outside of Maine, the firearms must be shipped from a Maine FFL dealer to an FFL dealer in the recipient's home state. 

Option 2: Sell the firearms

If none of the heirs want the firearms, the executor can sell them to a licensed dealer. The dealer will handle all required background checks and paperwork. The proceeds from the sale become part of the estate. 

Before selling make sure the estate have been cleaned and organized so that all parts, accessories, boxes, paperwork, and ammunition for the firearms are collected and are grouped together with the firearms.

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ATTN: TAKING EFFECT ON AUGUST 9TH 2024

 

LD. 2224 An Act to Strengthen Public Safety by Improving Maine's Firearm Laws and Mental Health System: 

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This will require background checks on ALL advertised firearms sales (such as Uncle Henry's or other online or newspaper ads).  LD 2224 will be in effect soon! It will be a Class C the crime of intentionally, knowingly or recklessly selling or transferring a firearm to a person who is prohibited from owning, possessing or having under that person's control a firearm. Establishes a Class C crime for a seller who is not a federally licensed firearms dealer to complete a transaction unless the seller facilitates the transaction through a federally licensed firearms dealer and the dealer performs a background check of the seller by using the Federal Bureau of Investigation, National Instant Criminal Background Check System. This legislation takes effect August 9th 2024.

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If you have a relative with firearms in another state you can have those firearms shipped to us. 

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We provide can help with this process to make it quick and easy.

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A.P. INC. / Maine Gun Dealer

681 Bog Road

Hermon, Maine 04401

 

Text: 2078484995

E-mail: Sales@mainegundealer.com

© 2025 by Fred Emerson III, Allsport Performance Inc

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