Estate administration often involves assets that require special handling. Few assets are capable of creating the degree of liability, both civil and criminal, as firearms. Where a deceased owned one or more firearms, an Estate Trustee must proceed carefully to ensure compliance with federal firearms legislation while also fulfilling their obligations to the beneficiaries of an estate.
This post outlines a practical legal protocol for Estate Trustees when firearms form part of an estate, with a particular focus on guarding public safety while minimizing personal liability.
1. Immediate Legal Context
In Canada, firearms are regulated under the Firearms Act and related regulations, including the Storage, Display, Transportation and Handling of Firearms by Individuals Regulations. An Estate Trustee who is not personally licensed to possess firearms cannot lawfully do so on behalf of the estate indefinitely, and steps to register with the Canadian Firearms Program should be taken expeditiously.
The Estate Trustee must notify the Canadian Firearms Program of the death and submit the required form RCMP 6016, together with a copy of the death certificate.
2. Secure the Firearm(s)
The Estate Trustee is responsible for ensuring that the firearms are immediately stored in a secure environment, locked and inaccessible. They should be unloaded and away from ammunition. If an Estate Trustee is not satisfied that the firearms can be securely stored on the premises, they should immediately seek qualified advice with respect to whether they should transport the firearms offsite in the circumstances, and how to do so in compliance with the law.
3. Reasonable Time to Deal with Firearms
Once the required documentation has been submitted to the Canadian Firearms Program, the Estate Trustee is typically afforded a reasonable period of time to determine how the firearms will be handled. During this period, the Trustee must either:
- Transfer the firearms to a beneficiary who is legally licensed and otherwise eligible to receive them; or
- Arrange for lawful disposal of the firearms.
What constitutes a “reasonable” period will depend on the circumstances. Where there is no specific testamentary direction dealing with firearms, disposal will often be the prudent course.
4. Disposal Through Police Services
Where firearms are to be disposed of, the safest and most reliable approach is to contact the local police service as soon as possible. Police can provide circumstance-specific guidance on how firearms may be surrendered without exposing the Estate Trustee to liability.
Importantly, firearms should not be transported or delivered without first receiving instructions. Improper transportation alone can result in significant legal consequences. Early contact with police services demonstrates diligence and reduces the risk of inadvertent non-compliance.
5. Gifting to a Beneficiary
Firearms cannot be treated as if they were any other form of property. Before gifting a firearm to a beneficiary, the full process must be undertaken with the Canadian Firearms Program, which includes further steps.
Conclusion
Firearms require prompt, careful, and informed handling during estate administration. Estate Trustees should act early, document their steps, and avoid informal or improvised solutions. When in doubt, consultation with police services and legal counsel is advisable.
For further guidance, Estate Trustees should review the Storage, Display, Transportation and Handling of Firearms by Individuals Regulations under the Firearms Act, which provide detailed statutory requirements.
Hull & Hull LLP regularly advises Estate Trustees on complex administration issues, including regulated assets and risk management during the administration period.