Transfer of firearms from estates

On this page

• If you are an executor
• If you are a beneficiary
• Handguns and unwanted firearms

If you are an executor

While estate law may vary in your province or territory of residence, when an estate is being settled, an executor is responsible for the management for the deceased's estate.

Even if you are not personally licensed to possess firearms, you can possess firearms left in an estate while an estate is being settled. If a court has prohibited you from possessing firearms, you cannot take possession of firearms left in an estate. However, as executor of the estate, you can transfer the firearms to someone who can lawfully possess them.

To act as an executor of an estate with firearms, you are required to provide documentation to the RCMP Canadian Firearms Program:

1. A completed form RCMP 6016 - Declaration of Authority to Act on Behalf of an Estate
2. Either provide a death certificate, or letters of probate, or a document on official letterhead from a police department or coroner that confirms the registered owner of the firearms is deceased

As executor of an estate, you are responsible for:

1. Ensuring the firearms are transferred or registered to a properly licensed individual or business or disposed of in a safe and lawful manner within a reasonable time
2. Ensuring that the firearms remain safely stored until they have been disposed of or transferred

You must also determine if the deceased held a valid firearms licence and valid registration certificates for any restricted or prohibited firearms. If these documents do not exist or cannot be located, the Canadian Firearms Program will provide assistance.

You may not transfer a handgun to an individual unless the individual qualifies for an exemption.

Handguns remaining in an estate must be lawfully disposed of in a timely manner.

If you are a beneficiary

To acquire a firearm through inheritance, you must be 18 years of age and hold a valid Possession and Acquisition Licence with the correct privileges (non-restricted, restricted prohibited).

You may not inherit a handgun unless you qualify for an exemption.

Handguns and unwanted firearms

If there is no eligible beneficiary, the estate may do one of the following:

• transfer handguns to an exempt individual
• transfer firearms to a licensed business or museum that is authorized to acquire and possess that particular type of firearm
• lawfully export firearms (contact Global Affairs Canada for information on requirements for an export permit)
• have the firearms permanently deactivated by an approved gunsmith so that they no longer meet the definition of a firearm and therefore are exempted from the requirements of the Firearm Act
• contact a police officer or a firearms officer to dispose of the firearms