Firearms and Incapacity

Bob, a retired veteran, was living alone at his home following the death of his wife. His children were in the area and saw him every few weeks. The children had noticed some changes in Bob following the loss of his wife, but the chalked it up to grief and loneliness.

One day Bob discovered a leaky pipe on his second floor. He called a plumber to come and assist him. When the plumber arrived and pulled into Bob’s long driveway, Bob met him with a loaded shotgun and threats of harm. The plumber got back in his truck and fled calling 911 to report the incident.

The plumber and Bob’s children had no idea he had been diagnosed with dementia and was experiencing delusions. Bob believed the plumber was someone posing a risk of harm to him.

Bob was a lifelong hunter, military trained firearm user, and responsible firearm owner. He did not, however, have a plan for what would happen with his firearms if he had cognitive changes. Bob’s children are concerned and want to know what options they have to protect Bob and the community.

Until January of 2024, under Minnesota law there were few options to legally deal with this situation. Law enforcement used to advise family members with concerns to separate ammunition from firearms, have locks on the firearms, freeze the key to a lock in a Tupperware filled with water to delay access if someone was delusional.

On January 1, 2024, Minnesota’s “Red Flag” order, or Extreme Risk Protection Order law went into effect. This law allows family members, loved ones, law enforcement and mental health professionals to seek an order to lawfully remove firearms from someone who poses an extreme threat to public safety. This law could assist someone like Bob’s children if they wanted to remove firearms from Bob’s possession. Alternately, If Bob were to be proactive with his estate planning, he could also prepare a Firearm Life Plan as part of his estate plan.

A Firearm Life Plan is a proactive strategy to manage ownership, use, and eventual transfer or disposal of firearms throughout a person’s life. Like estate or retirement planning, it ensures that firearms are handled responsibly as an individual ages or their life circumstances change.

The plan begins with a thorough inventory of all firearms, including serial numbers, purchase records, and secure storage details. Owners should assess their physical and cognitive ability to handle firearms safely over time. As an individual ages, they should have honest discussions with family members or trusted advisors about their capability and make a timeline for transitioning away from firearm use if necessary.

The plan also outlines legal procedures for transferring firearms to heirs or authorized individuals in accordance with federal, state, and local laws. This includes identifying beneficiaries, ensuring they are legally eligible to possess firearms, and possibly working with an attorney or firearms dealer to complete the transfer properly.

A firearm life plan promotes safety, reduces the risk of misuse or accidents, and respects the rights and responsibilities of gun ownership. It's a vital component of responsible firearm stewardship and ensures peace of mind for both the owner and their loved ones.

Contact Bravura Group to discuss incorporating a Firearm Life Plan into your estate plan!