Inherited Weapons: Rules for Succession

Understanding the Italian Laws on Inheriting and Handling Firearms

Italian regulations regarding the possession and transportation of firearms are particularly strict.
To respect the law and avoid unpleasant consequences, certain precautions must be taken.
Firearms should only be held if in possession of the required license and within its limits.
In cases of inheriting firearms, doubts may arise about the correct procedures to follow, especially when the heirs do not have a gun permit.

While firearms become part of the inherited assets, there are specific regulations to keep in mind to avoid illegal actions.
Several rulings from the Court of Cassation help clarify this matter, as it is not straightforward.
Let’s delve into how the succession of the deceased’s firearms works.

Reporting the Deceased’s Firearms

By law, anyone acquiring a firearm is obligated to report it to the authorities within 72 hours.
The death of the owner, as confirmed by the Court of Cassation, does not exempt anyone from this duty.
Therefore, heirs or beneficiaries who come into possession of firearms must fulfill this obligation.

It is crucial to note that the actual acceptance of the inheritance or its division does not matter; what is important is the mere “material availability” of firearms and ammunition with the obligation to report them.
This report can be made to the competent public security office in the area, the local Carabinieri station, the relevant police headquarters, or via certified email to one of the aforementioned recipients.

The report must include the deceased’s declaration, if possible, along with the death certificate and any renunciation of the inheritance by other entitled parties or an agreement on the distribution; otherwise, the firearms must be reported as co-ownership.
Individuals with other firearms must also include previous reports.
The circumstances of how the individual acquired the firearms or ammunition, or whether the owner had reported them, are irrelevant.
Failing to comply constitutes the crime of unauthorized possession, resulting in imprisonment for 3 to 12 months or a fine of up to 321 euros if the firearms are held; or imprisonment for up to 2 months or a fine of up to 258 euros if it is known that they are in one’s home.

Reporting to the authorities is different from declaring the firearms for inheritance purposes; these are independent and non-interchangeable tasks.

Heirs with (or without) Gun Permits

Even heirs with a valid gun permit must report the firearms, as emphasized by the Court.
In this case, they must follow the regulations of the license for the necessary transportation of firearms and ammunition, for instance, from the deceased’s home to their own.

If heirs do not have a gun permit or it does not allow them to transport firearms outside the home, they must request authorization from the police headquarters.
This permit allows them to possess and transport the firearms for the required journey and is valid for 30 days.

Destination of Inherited Firearms

Like with other inherited assets, a co-ownership of the deceased’s firearms is established among the heirs, proportional to the shares each is entitled to as per the law and/or the will.
When there is more than one heir who accepted the inheritance, the division must occur through a mutual agreement or be determined by the court upon the request of the involved parties.

Normally, this procedure involves selling the assets and distributing the proceeds proportionally, which is not very convenient, especially for firearms and ammunition, unless none of the heirs are interested in keeping them.
Heirs can also choose to relinquish the firearms and deliver them to the competent local office for disposal.

An intermediate solution between selling and disposal is deactivation.
This process renders the firearm harmless and can be requested from the locally competent police headquarters, to be entrusted to an authorized entity that also provides the corresponding certification.
This way, firearms, which may hold sentimental value, can be safely preserved.

If the firearms were already deactivated and certified, the obligations of reporting and permits (or gun permits) do not apply.

For further information, you can also read the article Obtaining a Gun Permit: A Guide on Procedures and Costs.