Firearms. . community property for husband/wife?

[LAK Supply]

Looking for a little info here. . . If I own a handgun is it automatically owned by my wife as well?

I'd hate to have her get into trouble for transporting it somewhere or something of the like just because it is in my name specifically.

We have a set of G-20's, and I purchased both. Any opinions? :confused:

While I am on this topic, I guess I should ask about magazines as well. I have a few pre-ban, standard-capacity mags (15 round) for my 20. . . is it a no-no for her to use them, or is it ok since we are married?

[Scarecrow Repair]

On the same topic, I suppose that since AWs are not inheritable, they aren't community property either, to be divvied up in a divorce. If they list, or when they did list last time, is there a way to register them to both husband and wife, and if so, what happens in a divorce, are they treated like community property then?

[James R.]

On the same topic, I suppose that since AWs are not inheritable, they aren't community property either, to be divvied up in a divorce. If they list, or when they did list last time, is there a way to register them to both husband and wife, and if so, what happens in a divorce, are they treated like community property then?

My understanding is they can't be transferred period...they are registered to *individuals*. My uncle had several HK 91's and 93's and when the ban came around he was busy with work and had his SO register them. When they split up she got to keep the rifles because they were registered in her name.

I'm sure you can grapple over the $$$ value of them however. If he gets to keep the rifles she gets XYZ of equal value etc. Otherwise you can both choose to sell them out of state to a AW Licensed dealer.

Regards,

James R.

[LAK Supply]

These are not AW's; they are just CA-approved Glocks. Are you referring to my question about the magazines here or the one about the guns? :confused:

[James R.]

These are not AW's; they are just CA-approved Glocks. Are you referring to my question about the magazines here or the one about the guns? :confused:

Actually I was answering Scarecrow ;-)

As to your magazines, there's no such thing as hi-cap magazine registration. It's true, to the letter of the law you cannot give or sell them to someone. However if your wife was using them she could simply say they were hers if someone questioned her about them. The proof of burden on that issue lies with the state and good luck proving she isn't the owner of them.

I don't see what sort of trouble your wife would get into by shooting one of your pistols. You can lend firearms to friends, however to lend a handgun I believe the party to whom the handgun is loaned is required to have an HSC and the loan can only be for 30 days or some such.

Dig around on the CADOJ website...

Regards,

James R.

[The SoCal Gunner]

Looking for a little info here. . . If I own a handgun is it automatically owned by my wife as well?

I'd hate to have her get into trouble for transporting it somewhere or something of the like just because it is in my name specifically.

We have a set of G-20's, and I purchased both. Any opinions? :confused:

While I am on this topic, I guess I should ask about magazines as well. I have a few pre-ban, standard-capacity mags (15 round) for my 20. . . is it a no-no for her to use them, or is it ok since we are married?

From my understanding, if you purchased these firearms while married to your wife they also belong to her, of course unless you have a signed/notarized document stating that they are your sole and separate property. Whether she can legally possess the firearms does not matter, you purchased the firearms with money that is otherwise community property so the items purchased are also community property.

Now if these were purchases prior to your marriage, they are solely yours but in the case of a divorce, you better be able to prove it.

I don't really know the for sure answer to your question but she may get into trouble if she is transporting them while unable to possess them i.e., no HSC or in a prohibited category.

I am really unsure still because lets say you have them locked up according to CA law in your vehicle. She is drving around with them in the trunk but is she actually in possession of the firearm? How would this play out if the pistol was in a locked case vs. just unloaded in the trunk?

[LAK Supply]

From my understanding, if you purchased these firearms while married to your wife they also belong to her, of course unless you have a signed/notarized document stating that they are your sole and separate property. Whether she can legally possess the firearms does not matter, you purchased the firearms with money that is otherwise community property so the items purchased are also community property.

Now if these were purchases prior to your marriage, they are solely yours but in the case of a divorce, you better be able to prove it.

I don't really know the for sure answer to your question but she may get into trouble if she is transporting them while unable to possess them i.e., no HSC or in a prohibited category.

I am really unsure still because lets say you have them locked up according to CA law in your vehicle. She is drving around with them in the trunk but is she actually in possession of the firearm? How would this play out if the pistol was in a locked case vs. just unloaded in the trunk?



This is more about what I was asking. She is not prohibited and the HSC is not a problem. I am also aware of the lending/sharing between private parties (no more than 30 days, etc.), I just did not know if that was a factor since she is my wife.

[hoffmang]

You need to make sure she has an HSC, but they are considered community property and the HSC only keeps her from taking possession if you should meet an untimely demise.

-Gene

[grammaton76]

Another interesting question... say your wife suddenly has some reason she's concerned (i.e. weirdo or something), so she drops one of your pistols into her purse.

Then somehow it gets discovered that she was CC'ing with an unregistered pistol.

I take it there's no exemption for a pistol registered to her husband, thus instead of an infraction, she's talking ... felony? Misdemeanor?

For this specific circumstance, obviously the safest thing is to ensure that she has a handgun or two that's registered to her.

Joint registration of handguns would also be really useful in this context...

[Sgt Raven]

My understanding is they can't be transferred period...they are registered to *individuals*. My uncle had several HK 91's and 93's and when the ban came around he was busy with work and had his SO register them. When they split up she got to keep the rifles because they were registered in her name.

I'm sure you can grapple over the $$$ value of them however. If he gets to keep the rifles she gets XYZ of equal value etc. Otherwise you can both choose to sell them out of state to a AW Licensed dealer.

Regards,

James R.

Hindsight is 20/20, but he was to busy to sign a card and use a inkpad to put his thumbprint on it? Those AW's could have been "joint" registered to both parties instead.