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Executors of Estates and Gun Collections

Published on March 29th, 2018

You might need to become a licensed dealer to sell estate property…

This article is not intended to take a position in the debate on Gun Control; but to show how that debate effects ordinary people dealing with ordinary problems. Selling the gun collection from an estate was something more focused on getting the most value for the heirs until now. Illinois Senate Bill SB 1657 which has passed the Senate as the “Gun Dealer Licensing Act” makes individuals; including executors, dealers if they sell more than Nine (9) guns in a year.

This means as an executor you might need to obtain a State Gun Dealer’s license if you have more than Nine (9) guns to sell for an estate. It could require you to perform background checks on purchasers, keep records on the sales for a long period of time, and risk liability for misuse of the guns by a purchaser. To keep from having to get the license an executor might need to keep the estate open longer to sell more than Nine (9) guns.

The act provides that licenses auctioneers or licensed pawnbrokers can sell without needing license under the Gun Dealer Licensing Act, but again there is a license and a fee to pay for each of these job titles. These titles have their own licensing requirements which could be expensive and involved beyond filling out a form and paying a fee.

If you hoped to close the estate of a loved one including selling a gun collection in a reasonable time at a reasonable cost; financially and emotionally; this act could complicate matters if it passes into law. Consulting an attorney on any matter where the Courts or the Government is involved is your best move.

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