Photo Credit: Time Inc. Gun ownership is a very important subject for many individuals in New York State. As most know, New York State has many regulations regarding gun ownership. One of the most important items individuals need to be aware of is the legality of transferring a firearm to beneficiaries through an estate.. Learn how to legally pass down firearms with wills, trusts and smart estate planning. Understand gun inheritance laws, NFA item transfers and how to avoid probate for your gun collection.
When a gun owner dies, one would first need to determine whether the New York Penal Law considers the gun a firearm or not. If it is not a firearm (e.g., antique firearms, rifles with barrels over 16 inches in length, and shotguns with barrels over 18 inches in length), they can be transferred freely without the oversight of a licensed gun dealer.. What are the laws on inheriting guns from a New York estate during probate? New York Probate Attorney Ron L. Meyers can answer questions about assets that will be distributed to beneficiaries of New York Estates after a person dies and a will is filed with New York Surrogate Court.