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View Full Version : What Happens to my Guns If I Die?


TripleThreat
03-19-2012, 9:50 AM
I'd like to leave my handguns and rifles to my Family (Wife and children) if I should die before my Wife.

Is that okay to do? Any special considerations or paper work that needs to be filled out in advance?

Thanks!

Librarian
03-19-2012, 10:24 AM
Write a will (or, have an attorney draw one up - likely to get better results.)

Without a written will, in California property will be distributed according to CA Probate Code.

TripleThreat
03-19-2012, 10:39 AM
I guess I may of worded it wrong, I want to know about the laws (if any) there are regarding the transfer of my weapons to my Wife/Kids, can she/they legally have them if they were mine, the Will part is already taken care of.

Thanks,

Yemff
03-19-2012, 10:50 AM
http://oag.ca.gov/firearms/pubfaqs

If they are rifles then whomever gets them doesn't have to do anything, as long as they are a spouse, child, or parent. If it is a handgun I believe they have to fill out the intrafamilial handgun form and send it in. This is all assuming whoever gets the guns is not a prohibited person.

Librarian
03-19-2012, 11:13 AM
http://oag.ca.gov/firearms/pubfaqs

If they are rifles then whomever gets them doesn't have to do anything, as long as they are a spouse, child, or parent. If it is a handgun I believe they have to fill out the intrafamilial handgun form and send it in. This is all assuming whoever gets the guns is not a prohibited person.

Right; also, to receive handguns, the beneficiaries need to get their Handgun Safety Certificates.

Otherwise, so long as they don't somehow become 'prohibited persons', the executor distributes them according to the will, the receivers file the form for any handguns, and things will go on.

odysseus
03-19-2012, 11:15 AM
Write a will (or, have an attorney draw one up - likely to get better results.)

Without a written will, in California property will be distributed according to CA Probate Code.

Consider a Trust and designated Trustee to bypass Probate. There is still a chance Probate Court is involved with a Will for an estate. It all depends on the estate, and a family law attorney can help you with that.

Burbur
03-19-2012, 11:37 AM
http://oag.ca.gov/firearms/pubfaqs

If they are rifles then whomever gets them doesn't have to do anything, as long as they are a spouse, child, or parent. If it is a handgun I believe they have to fill out the intrafamilial handgun form and send it in. This is all assuming whoever gets the guns is not a prohibited person.

AB809 (long gun registration) will go into effect 1/1/2014. So long guns will be treated the same as handguns, in this scenario.

TripleThreat
03-19-2012, 12:03 PM
Great info, thank you all!

alfred1222
03-19-2012, 12:29 PM
i recommend starting a living trust. its one of the best ways to make sure the government doesnt interfere with your affair if you pass away