When you pass away, gifting specific items to beneficiaries is usually a straightforward task for your executor. However, there are some items that you may not be able to gift automatically. You may need to take proactive steps prior to your death if you wish for them to be dealt with according to your Will.
Under Western Australian law, a licence is required to own a firearm. Upon the death of a licensed firearm holder, an executor should hand in firearms into a local police station or alternatively to a licensed firearms dealer for safe custody, regardless of whether the firearms are collectors' items or are actively used. This is because a firearms licence expires on the death of the licensee.
If firearms are handed to a licensed firearms dealer, the executor should inform police of their name and contact details, the details of the deceased licence holder, and the deceased's firearm licence number. The executor should also advise police what is to happen to the firearms, such as if they are to be disposed of, sold, or gifted under a Will.
If you intend to gift your firearms in your Will, you can take some steps to assist your executor in attempting to transfer the firearms to your beneficiaries.
Your executor could be co-licensed for each of the firearms. This will allow your executor to retain the firearms upon your death while administering your estate, rather than having to hand them to police or a firearms dealer. If the executor is co-licensed and retains the firearms, he or she must inform police of the whereabouts of the firearms.
To be licensed, an executor must have a genuine reason why they need a firearm. Being an executor under a Will is not considered a genuine reason, and in general, it can be difficult to meet the required test of obtain a firearm licence. Accordingly, you may wish to choose an executor who can display a genuine reason or currently holds a firearm licence.
Regardless of whether the executor is able to be co-licensed, the beneficiaries are ultimately the intended owners of the firearms and will therefore be required to be licensed. If they are unable to obtain a licence, they will not be able to take ownership of your intended firearm gifts. Accordingly, when specifying a gift of firearms, you may wish to consider if your beneficiary is currently, or is likely to be, licensed.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
