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Alpha-Leader
11-27-2007, 2:01 PM
OLD....

BONECUTTER
11-27-2007, 2:23 PM
From the DOJ web site.....

"Can I inherit and keep a registered assault weapon?

No. Pursuant to California Penal Code section 12285(b), any person who obtains title to a registered assault weapon by bequest or intestate succession shall, within 90 days, render the weapon permanently inoperable, sell the weapon to a licensed gun dealer who has a permit from the Department of Justice to purchase assault weapons, obtain a permit from the Department of Justice to possess assault weapons, or remove the weapon from this state. "

Librarian
11-27-2007, 2:38 PM
Before the 2000, ban my dad went out and bought two AR-15s and an Armalite AR-10. After the ban, law required that they were registered to my parents, and as far as I know the registered user is the only person allowed to be in possession of them. I have two questions.

1. Is it possible at all for my parents to transfer the guns/registration to me.

2. Can the guns be transferred on death? Or would I have to turn the guns over to the state?

Thank you.
Chris
1) probably not, unless you were a joint owner on the original paperwork.

2) no, and no - the estate can sell them to someone out of state.PC 12285 (b) (1) Except as provided in paragraph (2), no assault weapon possessed pursuant to this section may be sold or transferred on or after January 1, 1990, to anyone within this state other than to a licensed gun dealer, as defined in subdivision (c) of Section 12290, or as provided in Section 12288.

Any person who (A) obtains title to an assault weapon registered under this section or that was possessed pursuant to paragraph (1) of subdivision (f) of Section 12280 by bequest or intestate succession, or (B) lawfully possessed a firearm subsequently declared to be an assault weapon pursuant to Section 12276.5, or subsequently defined as an assault weapon pursuant to Section 12276.1, shall, within 90 days,

render the weapon permanently inoperable,

sell the weapon to a licensed gun dealer,

obtain a permit from the Department of Justice in the same manner as specified in Article 3 (commencing with Section 12230) of Chapter 2,

or remove the weapon from this state.

G17GUY
11-27-2007, 2:59 PM
So can he remove it from the state and put a bullet button on it, then return it to the state as a non assault weapon?

I would just buy a OLL and move all the parts over to it, then the assault weapon is just a stripped lower which could be sold out of state or buried next to the tin foil hat.

ohsmily
11-27-2007, 3:05 PM
So can he remove it from the state and put a bullet button on it, then return it to the state as a non assault weapon?



Uh, not if they aren't OLLs. Did you know that OLL stands for "Off List Lower?" The Armalite AR-10 is definitely listed but don't know about the "AR-15s" this guy's dad bought since he didn't specify what they were. If they are OLLs, he doesn't have to "remove them from the state" ...what purpose would that serve other than cause him to transport an illegally configured rifle. If they are indeed off-list, then IMMEDIATELY remove the offending features and configure it legally.

When your dad dies or no longer wants the rifles, the rifles must either be surrendered to law enforcement, destroyed, or sold/transferred to or through a properly permitted AW dealer.

G17GUY
11-27-2007, 3:17 PM
When your dad dies or no longer wants the rifles, the rifles must either be surrendered to law enforcement, destroyed, or sold/transferred to or through a properly permitted AW dealer.


Or he can get a Oll and transfer all the parts off the AW to it before seling the AW lower.

ETD1010
11-27-2007, 3:22 PM
Or he can get a Oll and transfer all the parts off the AW to it before seling the AW lower.

best option, IMO... strip the lower, buy a new OLL ($100ish + DROS) and then sell the banned lower within those 90 days.

ohsmily
11-27-2007, 3:26 PM
best option, IMO... strip the lower, buy a new OLL ($100ish + DROS) and then sell the banned lower within those 90 days.

Just remember, the sale must go through a licensed "Assault Weapon" dealer. There aren't very many in CA and they often charge a large sum to do a transfer/sale (hundreds of dollars sometimes). It might be more cost effective to surrender the lower or destroy it.

Piper
11-27-2007, 5:54 PM
Buy an OLL, transfer all of the parts from the illegal lower, get a BB and bury the illegal lower in some obscure place that only you know about and wait about 2-5 years when the PRK's AWB is repealed. Problem solved.