What to do if you find a parent's gun after they have passed, and how to avoid this mess.

Your parents have just passed away, and you must now, as so many had before, clean out and organize their house of all of their tangible personal property. One of your children, here to help, but causing more of a mess than helping, runs up to you saying "Mommy, what is this?" holding a black handgun.

This article will be addressing a number of key estate planning techniques related to firearms. However, if you have come to this page because you are experiencing what I described above;

IGNORE THE REMAINDER OF THE ARTICLE UNTIL LATER AND FOLLOW THE STEPS BELOW:

1) POINT THE GUN IN A SAFE DIRECTION.

Firearms are dangerous, they can potentially go off without warning. Gently place the gun pointing in such a way that even if it did fire. no one would be horned. The National Rifle Association recommends that you treat every Firearm as though it were loaded even if you believe wholeheartedly that it is not. Safety is no Accident.

2) REMOVE CHILDREN FROM THE ENVIRONMENT AS SOON AS POSSIBLE.

Firearms are the leading cause of death for Children in the U.S., without proper training and experience, their lives are at risk. Under no circumstances allow a child to touch the firearm. 

3) DO NOT TOUCH THE TRIGGER.

Never.

4) FIND SOMEONE WHO IS PROPERLY EXPERIENCED TO CLEAR THE WEAPON, AND TO STORE IT PROPERLY.

This may be a close friend, a neighbor experienced in firearms handling, or in an emergency,  a police officer. If you call your local non- emergency line, an officer will be sent to secure the firearm. I know that this is scary, but do not panic. leave the gun alone, and do not touch it again until someone trained can clear and secure the weapon.

5) REPORT THE FIREARM TO THE COMMONWEALTH OF MASSACHUSETTS

Once the immediate danger is averted, you, as the beneficiary, have 7 days to report this firearm to the State through the Massachusetts gun transaction portal. This is serious. Failure to register a firearm is a crime punishable by up to 10 years in prison. Speak to your local police, or your local gun store, or a qualified and experienced attorney to ensure that this is completed properly. Depending on the situation, you may have to pay someone else to hold the firearm during this period. You may also choose then to sell or consign the firearm to a gun store for sale. Please be aware that a myriad of laws

6) OBTAIN A LICENSE TO CARRY (LTC)

Currently, the Commonwealth allows You, a proud new gun owner One Hundred Eighty days (180) to obtain a new LTC. However, please stay up to date on the current laws or contact an attorney. These laws are subject to change at any time with very little notice given to the public. In addition, depending on your local laws and practices, six months seems a lot longer than it actually is. I would recommend starting the process as quickly as possible. 

In order to obtain a LTC, you will need to contact your local police department to go over what their requirements are. Generally, an LTC requires you to:

• Be above the age of 21,

• Take and pass a Firearms Safety Course, 

• File an application with your local police

• Provide letters of recommendation or references, and

• Meet with your local department for an interview.

These requirements are fairly extensive and time consuming, and are in no way conclusive. Contact your local Police Department to find their requirements.

Firearms Planning: How to avoid a dangerous situation.

If you have read this and are not in an emergency, perhaps you would like to avoid your children panicking, and to keep them safe, the remainder of this article is for your consideration.

1) ASSESSING YOUR NEEDS

No two cases are alike, and no two client's needs are identical. Some situations may require little planning at all. Others may receive extensive trusts. As with all topics in Estate Planning, your plan will be prepared to match your situation. For those with a small number of firearms, and licensed beneficiaries, limited changes in  your documents can be a simple and cost effective solution to your firearms. For those with larger collections, a separate Trust or other entity may be used to ensure that your plan is enacted as quickly and with as little trouble as possible.

2) DRAFT YOUR ESTATE PLAN

Your plan will be drafted to align with the laws of the Commonwealth, to provide the proper distribution of Firearms in accordance with the law. Your documents will be customized to fit your needs, in a clear and concise way that will allow you to show and explain the plan to anyone you wish.

3) NOTIFY YOUR BENEFICIARIES

While in Estate Planning, notifying the Beneficiaries of your estate is not necessary, and is often not preferred by clients to avoid any issues, with Firearms Planning, it is recommended that the beneficiaries are aware of their requirements in receiving the Firearms. If someone is unlicensed, it is recommended that they start the process now, before someone passes away. Taking a safety course is recommended for all Americans, but especially for those who will receive one or more in their inheritance.

4) UPDATE YOUR PLAN

Most Estate Plans should be revisited every 5 or so years. This guideline should generally be ignored if a major life event occurs: you wish to buy a new home, change major investments, another child is born, anything which might necessitate another look. For plans that involve Firearms, your plan should be checked against local laws at least once a year. While most plans will not require any changes, staying up to date on the law regarding Firearms is necessary for any owner.

5) STORE YOUR FIREARMS SAFELY

Proper storage of Firearms is not just safe, it is the law. Stay up to date with your local regulations, and make sure that at no time does a child have access to your Firearms.