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View Full Version : Inherited guns in California


bodiebill
12-23-2008, 9:56 PM
What are the CA laws pertaining to passing guns on to immediate family members? Particularly at death.

rayra
12-23-2008, 10:01 PM
you need to look up intrafamilial transfer, there are several recent topics on it.
You also need to read up on the forms for reporting handgun ownership / transfer.
And you need to read up on the penalties for not doing so, to see if they concern you at all.
And if it's an 'assault weapon' as defined by this benighted state, it isn't transferable at all. You'll have to liquidate it to a dealer or an out of state buyer.

ontargetrange
12-24-2008, 10:12 AM
you need to see section Penal Code § l2078
and follow those instructions -- there are some downlable forms from the DOJ website that are needed as well --- good luck
http://caag.state.ca.us/firearms/forms/
REPORT OF OPERATION OF LAW OR
INTRA-FAMILIAL HANDGUN TRANSACTION

corrosively_armed
12-24-2008, 10:38 AM
I still want to know what you are technically supposed to do when a guy dies and his wife sells off his stuff including his hicaps. I passed some up years ago because I didn't know.

Librarian
12-24-2008, 12:15 PM
I still want to know what you are technically supposed to do when a guy dies and his wife sells off his stuff including his hicaps. I passed some up years ago because I didn't know.

With no more information than that....

Wife inherits, either as named beneficiary or as community property. She owns them, just like her husband did.

If there were California 'assault weapons' she has to get rid of them - transfer by inheritance is not allowed; she cannot sell them to anyone in CA who is not an FFL with an AW permit.

She shouldn't receive the large-capacity magazines, but if they were community property, she owned them anyway, so let's call that OK. She can't sell them to anyone in CA but an FFL or LEO, though.

With those two exceptions, she can sell the guns to anyone not legally prohibited from owning them.

glockman19
12-24-2008, 12:37 PM
If there were California 'assault weapons' she has to get rid of them - transfer by inheritance is not allowed; she cannot sell them to anyone in CA who is not an FFL with an AW permit.

Wouldn't she also own half, (Community property) of the AW ? and the hi-cap mag's as well?

All my property is owned by both my wife and I equally, inherited or pre marital assets exempt unless comingled or added to the ownership, (trust deed).

What happens if you have a name change? Can you Amend your AW registration?

Librarian
12-24-2008, 1:21 PM
Wouldn't she also own half, (Community property) of the AW ? and the hi-cap mag's as well?

All my property is owned by both my wife and I equally, inherited or pre marital assets exempt unless comingled or added to the ownership, (trust deed).

What happens if you have a name change? Can you Amend your AW registration?

I have no idea if one could have registered an aw as 'John Doe, and Jane Doe, His Wife, as community property'. My limited understanding of aw registration suggests the named owner is it, but I really don't know.

I think your questions require input from a Real Lawyer™.

Hmm. Imagine registering an owner list such as 'John Smith, an undivided 1/10 interest with right of survivorship, Bill Smith...'

ke6guj
12-24-2008, 2:14 PM
IIRC, both the husband and wife, and any other people over the age of 18 that resided together could send in registration cards for the same AWs. Each person would fill out the card with send it in. For example; 4 people, 4 registration, 4x the fee.

jas000
12-24-2008, 2:54 PM
Continuing on the Inherited AW:

I also recall that relatives living in the same household could co-register (I actually did in 1989/90).

But some years later I hard that this co-registration stuff was null, void, moot.

But, I wonder, is the null, void, moot info from that era just FUD? Can I inherit my dad's AW - it's still currently listed on my AW registration letter.