AW Law - Inheritance

[dfletcher]

I know it's prohibited by law - at least if any inheriting is to be done in state.

I was at the range this weekend and another shooter was talking to a new shooter about CA AW laws in general, the usual "allowed, not allowed" stuff and having heard it a few times, my sense of irritation at our laws is sort of dulled. When they discussed how registered AWs can't even be inherited, that piqued my interest - the thought that a Grandfather or Dad is legally prohibited from passing on their legally owned property by way of an inheritance is irritating as hell.

Has this aspect of the law ever been challenged, any thoughts on how it would be done and liklihood of success?

[bwiese]

It does have major problems.

However, it doesn't have a seizure/loss outcome which would really prime the legal flow: because the 'inheritor' can receive supposedly equivalent cash value for it when sold out of state via the executor or via CA FFL wAW permit. Whether that is fair cash value or not, and how much chunk the AW permittee FFL takes is a whole 'nuther thing.

It may not have reached its legal prime, either, because not that many folks with reg'd AWs have died off and have had kids old enough to otherwise inherit an AW (18).

As AW owning population ages a bit, this may come up more and get traction - I believe some Demos have concerns over this too, all the way back to Roberti-Roos.

[dfletcher]

It does have major problems.

However, it doesn't have a seizure/loss outcome which would really prime the legal flow: because the 'inheritor' can receive supposedly equivalent cash value for it when sold out of state via the executor or via CA FFL wAW permit. Whether that is fair cash value or not, and how much chunk the AW permittee FFL takes is a whole 'nuther thing.

It may not have reached its legal prime, either, because not that many folks with reg'd AWs have died off and have had kids old enough to otherwise inherit an AW (18).

As AW owning population ages a bit, this may come up more and get traction - I believe some Demos have concerns over this too, all the way back to Roberti-Roos.

Is selling the AW out of state what would permit this part of the law to stand? I was approaching it from the point of view that the law prevents me from receiving (in theory) property via a will. I realize $$$ is used as legal remedy to almost everything including missing body parts and alienation of affection, is that the function here?

[bwiese]

Is selling the AW out of state what would permit this part of the law to stand? I was approaching it from the point of view that the law prevents me from receiving (in theory) property via a will. I realize $$$ is used as legal remedy to almost everything including missing body parts and alienation of affection, is that the function here?

I would think that that is part of an 'escape clause' allowing at least partial remedy.

[mymonkeyman]

Also, there is traditionally a strong state authority to regulate chattels. SCOTUS has held there is little right to renumeration for takings of chattels, although the cases are typically oddball cases (I think one was the whole Indian-only bald eagle feather case).

The problem is, there is a lot of case law where the government just banned chattels and it was okay. Think about all the drug laws, there were no grandfather clauses that says that you could keep pot that you bought before the first laws banning it. Same with CA's dangerous weapon law (no leaded canes, etc.), no grandfather clause. These types of laws have almost always been upheld against due process / takings claims. Without the individual 2nd amendment right incorporated to apply to the states via the 14th, there isn't much to stop them from just banning guns and requiring you to turn them in to be destroyed.

[deleted by PC police]

I have been wondering the same thing in regards to someone passing down a gun. I find it despicable that anyone would right something like that in a law. It's probably the kind of person that supports death taxes. Hopefully someone unfortunate enough to have to go through this will sue the state.

[Riodog]

Just wondering, if anyone tried to register their assault weapon back in 1999, 2000, to a trust?
Rio

[DRH]

I know of one person, in the legal profession, that tried and was finally able to get the DOJ to accept a trust registration for his AWs. He can now legally tranfer them to his son when he comes of age.

[GuyW]

If they are "features" AW, perhaps the guns can be modified to be non-featured non-AWs.

Sell 'em to a friend outside KA, modify, reimport as non-AW....

[Centurion_D]

I know of one person, in the legal profession, that tried and was finally able to get the DOJ to accept a trust registration for his AWs. He can now legally tranfer them to his son when he comes of age.

That sounds like a plan. Can you PM me the name/contact info of the person? I want to transfer my registered AW's to my son when he comes of age..

[1919A4]

Would it be possible to have this person call me or get there contact information with there permision. I would like to know how they went about it or represent me. My father has three registered AW's that will not be destroyed or sold when he passes away. I would like to be able to legally keep them. I will not break any laws. Worst case I have to store them out of state. He already has no use for them with his age and wants me to have them now. But until I can figure something out there in his safe collecting dust. This is all my father has to leave to me and I sure would hate to loose them. ****ing California laws are not right. If anyone can help me I will pay you very generously for your time.


I know of one person, in the legal profession, that tried and was finally able to get the DOJ to accept a trust registration for his AWs. He can now legally tranfer them to his son when he comes of age.

[Riodog]

Correct me if I'm mistaken BUT if the weapons were left in the name of a trust then they would actually never be in a persons name but the acting trustees would have control of them. They could be just passed on down the inheritance line.
In Calif. since the registration period is ended this might not fly AT THE MOMENT but depending upon the outcome of certain lawsuits or whatever we do not know if another registration go-round might be forth coming. Back in 89, 94, etc., we didn't know what 99-2000 would bring.

Trust me, if I had even had some notice of '86 I'd have mortgaged my business and my sole and stocked up on playtoys.

Rio

[dfletcher]

I know of one person, in the legal profession, that tried and was finally able to get the DOJ to accept a trust registration for his AWs. He can now legally tranfer them to his son when he comes of age.


Although brief, I infer from this posting the guns were registered to the trust during the initial AW registration period - is that correct?

[uclaplinker]

Anyone else disgusted by the logic that allowing California residents to transfer their evil babykilling semi-automatic machine guns to individuals out of state is what makes the loss of property from inheritance acceptable?

I find that hypocrisy boundless.

[CCWFacts]

Although brief, I infer from this posting the guns were registered to the trust during the initial AW registration period - is that correct?

I'd really like to know more about this. I didn't realize that AW registration could be to a trust. I guess it's too late to change the reg entry now, but if it was possible to register it to a trust, that was a smart thing to do. It seems like a trust would be transferable, also, so the trust could be sold and the trustees could be changed, and that would change who has possession of the AW without changing the ownership of it.

[DRH]

Yes, the DOJ acccepted his application in a trust after some intial reluctance at first. This was back during the intial AW registration period and I believe he also registered his .50 BMGs in the same manner. It was done so he could pass his firearms along to his under age children. I wish I had the same foresight, but at the time I did not know this was an option.:mad:

[AKman]

I have been wondering the same thing in regards to someone passing down a gun. I find it despicable that anyone would right something like that in a law. It's probably the kind of person that supports death taxes. Hopefully someone unfortunate enough to have to go through this will sue the state.

It just ain't right.