Can Firearms Be Included in an Estate Plan in Illinois?

For gun owners in Illinois, the question of what happens to your firearms after you pass away or become incapacitated is one that deserves serious attention. Firearms are not like most other assets. They are subject to a web of state and federal laws that govern how they can be stored, transferred and inherited. Getting it wrong can create real legal consequences for your loved ones, even when everyone’s intentions are good.

At Wilson & Wilson, we help Illinois gun owners understand their options and build estate plans that protect both their firearms and their beneficiaries. If you’re wondering whether your firearms can be included in your estate plan, you’ll need to know:

• How Illinois law governs firearm transfers upon death or incapacity
• What documentation and ownership records are required
• How a firearm trust can simplify the process
• Key storage and access considerations to keep in mind

What Are the Rules for Transferring Firearms in Illinois?

Under the Illinois Revised Statute and the Illinois State Police Firearm and Ammunition Transfer Rules, firearm ownership transfers are subject to specific legal requirements. After a firearm owner passes away, the executor of their estate or the trustee of their living trust is responsible for legally transferring the firearms to the chosen beneficiaries.

A few key rules to be aware of:

• FOID card requirement: Any beneficiary receiving a firearm in Illinois must hold a valid Firearm Owner’s Identification (FOID) card in the state where they reside.
• 60-day grace period: If a beneficiary does not have a FOID card at the time of transfer, Illinois law provides a 60-day window to obtain one. However, during this period, the trustee is still subject to an immediate FOID requirement, which can create complications.
• Federal law always applies: Regardless of state or local rules, federal firearms laws govern the possession, transport and transfer of all firearms. State and local ordinances may impose additional requirements on top of federal standards.

What Documentation and Ownership Records Are Required?

Illinois law places clear record-keeping obligations on anyone transferring a firearm, including estate administrators and trustees. Under 430 ILCS 65/3(b), the transferor in any person-to-person firearm transfer must:

• Verify that the transferee holds a valid and unrevoked FOID card
• Keep a record of the transfer for at least 10 years
• Follow all procedures involved

The record must include the date of transfer, the transferee’s name and address, and the firearm’s description and serial number. These requirements apply to estate administrators and trustees just as they do to any other transferor. Proper record-keeping from the start makes this process far more manageable.

Should You Consider a Firearm Trust?

A firearm trust (also known as an NFA trust) is a legal structure specifically designed to hold title to firearms and certain accessories. It can be one of the most practical tools available to Illinois gun owners who want to plan ahead.

Here is why a firearm trust may be worth considering:

• Probate avoidance: Assets held in a trust can pass directly to your designated beneficiaries, bypassing the often lengthy and costly probate process.
• Multiple trustees: A firearm trust allows more than one person to legally own and possess a firearm, provided they are named as trustees.
• Continuity upon incapacity: If you become incapacitated, a successor trustee can manage your firearms without the need for court intervention.
• Legal protection for heirs: Improper firearm transfers can have severe legal repercussions for your heirs, including potential felony charges. A well-structured trust reduces that risk significantly.

For many gun owners, a revocable grantor living trust paired with a Power of Attorney offers strong protection for both disability planning and post-death transfers. A firearm trust may be appropriate in other situations, particularly when the collection includes firearms regulated under the National Firearms Act.

What Are the Storage and Access Considerations?

Firearm ownership upon disability raises its own set of concerns. Even a current FOID card holder may become ineligible to possess firearms if they are:

• Prohibited from possession under any state or federal law
• Adjudicated as mentally disabled or involuntarily admitted to a mental health facility
• Diagnosed with a mental condition that poses a clear and present danger to themselves or others

Beyond eligibility, there are practical safety and liability considerations. Proper planning addresses both sides of that equation with clear instructions for storage and access.

Contact Wilson & Wilson to Discuss Your Estate Planning Options

Planning for the transfer of firearms requires careful attention to both the legal requirements and the practical realities of your situation. Without a proper plan in place, your loved ones may face delays, legal complications and significant stress at an already difficult time.

At Wilson & Wilson, our attorneys are experienced in helping Illinois families protect their assets and plan for the future. We offer guidance tailored to your circumstances, so you can feel confident that your firearms and your estate are in good hands. Contact us now to see how we can help you build a plan that protects everything you’ve worked for.