How To Leave Your Heirs Your Gun Collection in Illinois

July 18, 2022

There are many people enjoy hunting as a hobby, and often hunting is a shared interest amongst family members. When you wish to leave your collection of guns to someone after you die such as your child or other loved one, a gun trust is a good option.


A gun trust can be used alongside a will to direct your assets when you die. But a trust can offer several benefits that a will cannot.

To qualify for a hunting license, applicants must be Illinois residents. An Illinois Driver’s License or State ID card number must be included on the application. Applicants under the age of 21 must have a parent’s signature on a notarized form. The parent must have or be eligible to have a FOID (Firearm Owners Identification) card.

What Is A Gun Trust?

When building an estate plan, many people choose to have both a will and trust. A gun trust allows gun collectors to safely and legally transfer their personal guns to a family member without exposing them or the will’s executor to criminal liability.


Some benefits of having a gun trust are:

  • Bypass Probate - Probate court may be expensive and take a long time before the collection is given to the beneficiary. You can bypass going through probate with a trust. It allows the opportunity for guns to transfer to the named person immediately.


  • Avoids Fingerprinting - When a person receives a gun, they often must contact the local police department and be photographed and fingerprinted before accepting it. With a gun trust, this step is not necessary.


  • No ATF Fee - When someone transfers the ownership of a gun, the ATF (Bureau of Alcohol, Tobacco and Firearms) typically requires a $200 transfer fee. This fee is unnecessary with a gun trust, but all guns still need to be registered.


A gun collector must comply with all Illinois state and federal gun regulations before leaving their collection to a specific beneficiary. This is why it’s crucial to work with an experienced Illinois estate planning attorney.

Why You Need an Estate Planning Attorney

There are strict state and federal regulations when transferring ownership of guns to another party. Before setting up a gun trust, you must ensure all firearms have a serial number and are registered. It is illegal to own or transfer guns that are not registered.


A well-drafted trust should ensure there are no violations of federal and state laws. The trust will also guide trustees and beneficiaries to make the transfer of the collection legally.

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As a blog exclusive, we also have some free estate planning resources for you! View our life planning guide and our estate planning checklist below to either begin your estate planning or check to be sure you're up-to-date on your documents.

Sivia Law presents a six-step checklist to create your own “Life Planning Guide.” This guide helps you advise your loved ones so that they can honor your wishes for your health care desires as well as for the distribution of your estate. 


Click here to learn more!

When it comes to planning your estate, having a checklist and important documents in hand is a key part of the process.


Click here to get started with your estate planning checklist!

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If you need help with estate planning or any other legal concerns, we are here for you. Don't hesitate to contact our firm directly for assistance. Our dedicated team is ready to provide support and guidance to you and your loved ones during important life transitions.


Whether you're ready to schedule a strategy session to discuss your specific needs or if you're interested in exploring our wide range of complimentary guides and additional resources, we encourage you to get in touch with us.


With licensed attorneys and offices located in both Illinois and Missouri, we are well-equipped to serve clients in these regions. Reach out to us today and let us leverage our expertise and care to guide you through the legal process.

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