What to Do with a Gun When Owner Dies in Georgia?

When a gun owner dies in Georgia, their firearm may be transferred to a lawful heir—someone who is not prohibited under Georgia or federal law from possessing a gun.

If the heir doesn’t want to keep the firearm or can’t legally own it, the estate may dispose of it. The options are surrendering it to law enforcement, destroying it, or selling it to a federally licensed entity such as GunBuyback.org.

How GunBuyback.org Can Help Dispose of Firearms

If you've inherited a firearm in Georgia and aren’t sure how to handle it legally, GunBuyback.org is here to help. We are a federal firearms licensee (FFL) authorized to receive and transfer firearms under Georgia and federal regulations.

We provide fair compensation for each submitted firearm and manage all necessary paperwork, shipping logistics, and compliance with ATF rules and applicable state laws.

Frequently Asked Questions

How can GunBuyback.org help get rid of the gun?

GunBuyback.org offers a straightforward and legal way to dispose of inherited firearms.

We assess your firearm and provide a cash offer. Once you accept, we send you a prepaid shipping label and take care of all required ATF documentation and compliance with Georgia law.

You can learn more in our guide to legal gun disposal in Georgia.

Are there legal requirements for transferring a deceased owner's gun?

The executor of the estate just needs to give the gun to the heir, who needs to be legally eligible under OCGA § 16-11-131 and federal law. Firearm transfers through inheritance are exempt from background checks in Georgia.

However, if the inherited firearm is classified under the National Firearms Act (NFA), ATF Form 5 must be submitted by the executor to process the tax-exempt transfer to the heir.

Can I keep the gun if I'm the heir?

You can keep an inherited gun in Georgia as long as:

• You are legally designated as the heir to the firearm,
• You are not prohibited from owning firearms under Georgia or federal law, and
• If applicable, you complete the proper ATF paperwork for any NFA-regulated items.

How do I transfer ownership of the gun?

In Georgia, if you are the executor of an estate, you may lawfully pass the firearm to the heir without going through a background check. You need to submit an ATF Form 5 first if the gun is an NFA one, though.

Do I need to notify law enforcement about the transfer?

Georgia does not require notification to law enforcement when a firearm is transferred through inheritance.

What if I don't want to keep the gun?

If you do not wish to retain an inherited firearm, you have several legal options:

• Destroy it: Render the firearm permanently unusable using an ATF-approved method.
• Surrender it: Contact your local police department and ask about their firearm turn-in procedures.
• Use GunBuyback.org: Sell the gun to our federally licensed service for secure, documented disposal and receive compensation.

Is it legal to sell a deceased person's gun?

The lawful heir or executor of an estate in Georgia may sell a firearm as long as the buyer is not legally prohibited from owning one.

How do I safely store the gun until decisions are made?

Store the firearm unloaded in a locked, secure container such as a gun safe.

Are there local programs for gun buyback?

Some Georgia municipalities occasionally offer local buyback programs, often in larger cities like Atlanta. However, these are typically temporary or limited in scope.

For a dependable, year-round alternative, GunBuyback.org provides secure and licensed firearm disposal services throughout Georgia.

Disclaimer: The information supplied here is designed to be informative, but does not constitute legal advice. Laws change regularly and these pages are not updated often enough to guarantee accuracy at all times. Please see a lawyer if you need precise legal counsel.