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  #1  
Old 05-22-2009, 11:22 AM
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eltee eltee is offline
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Default Legally Owned AW's, owner deceased

Someone asked me about what to do with legally registered AW's since the owner is deceased (recently). I advised them to immediately disassemble them by taking the uppers off. It is my understanding that there is no successorship with registered AW's, so they cannot be passed on to immediate family but I'm not sure and a search here was unsuccessful.

My guess is that they need to either:

1. If they want to sell them as complete firearms, sell them out of state
2. Keep them disassembled until the laws change in Calif
3. Have someone install a Bullet Button on the lower (upperless) although the DOJ has not rendered an official opinion on them and there is no test case to my knowledge
4. Store them out of state as complete rifles (but transport disassembled)
5. Turn them over to an FFL who is additionally licensed for AWs f

I also believe that they must submit to DOJ a form declaring disposition of a registered AW.

Any advice for these folks appreciated. They came to me for advice, but I am not experienced with their particular situation
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  #2  
Old 05-22-2009, 11:30 AM
Jicko Jicko is offline
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If it is a banned by name and model AW, it won't help even if they disassemble it.
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  #3  
Old 05-22-2009, 11:35 AM
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Quote:
Originally Posted by Jicko View Post
If it is a banned by name and model AW, it won't help even if they disassemble it.
They are Colts so I assume they are on the list. However, they were legally registered. Since the guy died unexpectedly he did not arrange to ship them or dispose of them. I can't see the state going after a family in possession of a legally registered AW a couple of days after the licensee dies, so I am trying to determine the best and legal course of action for them.
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Old 05-22-2009, 11:47 AM
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DOJ has a FAQ entry for this, FWIW:

http://ag.ca.gov/firearms/regagunfaqs.php#12

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.


-- Michael
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  #5  
Old 05-22-2009, 11:49 AM
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Quote:
Originally Posted by eltee View Post
They are Colts so I assume they are on the list. However, they were legally registered. Since the guy died unexpectedly he did not arrange to ship them or dispose of them. I can't see the state going after a family in possession of a legally registered AW a couple of days after the licensee dies, so I am trying to determine the best and legal course of action for them.
There is an exemption in the PC for just this circumstance,

Quote:
12280(i) Subdivision (a) shall not apply to a person who is the executor or administrator of an estate that includes an assault weapon or a .50 BMG rifle registered under Section 12285 or that was possessed pursuant to paragraph (1) of subdivision (f) which is disposed of as authorized by the probate court, if the disposition is otherwise permitted by this chapter.
(j) Subdivisions (b) and (c) shall not apply to a person who is the executor or administrator of an estate that includes an assault weapon or a .50 BMG rifle registered under Section 12285 or that was possessed pursuant to paragraph (1) of subdivision (f), if the assault weapon or .50 BMG rifle is possessed at a place set forth in paragraph (1) of subdivision (c) of Section 12285 or as authorized by the probate court.

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. A person who lawfully possessed a firearm that was subsequently declared to be an assault weapon pursuant to Section 12276.5 may alternatively register the firearm within 90 days of the declaration issued pursuant to subdivision (f) of Section 12276.5.
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Old 05-22-2009, 11:50 AM
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How is that NOT a violation of keep and bare?

I say you take the state to court.
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Old 05-22-2009, 12:12 PM
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It's an unfortunate situation, but the AW bans created a two class society in California in regards to guns. The 'haves' and 'have nots'. There are zero exceptions to the law, unless you are LE or military.

I was recently informed that my local PD has a recovered AW from a burglary at my father's now defunct gun store. It was stolen prior to the AW ban and was not in our posession during the registration period. Now that it has been recovered, we have no way to obtain the AW back, because there are no provisions written into the AW ban for this type of scenario.

Logic would dictate that they allow us to register it and release it to us, but reality speaks otherwise. The only way I have found that we could get it back would be to have our local PD send it to another LE agency out of state and then convince that LE agency to release it to my brother in that "free" state.

DOJ indicated to me ddirectly that the only way our local PD can dispose of the AW is by retaining it for department use (chuckles, it's a Tec-9), destroying it, or transferring it to another agency. They are NOT allowed to transfer it to an out of state FLL, because it is unregistered. (gee, it was stolen, I wonder why it is not registered)

All I can say for your customers is, I feel the frustration....
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Old 05-22-2009, 12:18 PM
Jicko Jicko is offline
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Quote:
Originally Posted by eltee View Post
They are Colts so I assume they are on the list. However, they were legally registered. Since the guy died unexpectedly he did not arrange to ship them or dispose of them. I can't see the state going after a family in possession of a legally registered AW a couple of days after the licensee dies, so I am trying to determine the best and legal course of action for them.
If the family still want to keep the parts, then best is to get an OLL and reuse as much parts as possible (most likely they would need new trigger/hammer/pins).... just dispose the lower receiver... or sell it to an AW dealer...

OR take that lower receiver, and "render the weapon permanently inoperable" (cut it in half), and keep that in the family....
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  #9  
Old 05-22-2009, 2:03 PM
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Strip the lower, sell it on GB and buy a new OLL lower and keep it.
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  #10  
Old 05-22-2009, 2:33 PM
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Quote:
Originally Posted by elSquid View Post
DOJ has a FAQ entry for this, FWIW:

http://ag.ca.gov/firearms/regagunfaqs.php#12

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.


-- Michael
Yes. Thanks. Pretty much what I told the folks per my OP. They have 90 days from the guy's time of death so they have a little breathing room. THANKS for the link, the 90 days info is helpful.
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  #11  
Old 05-22-2009, 6:31 PM
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Default AW

Registered AW`s cannot be inherited, it is a illegal gun, unless when originally registered it was put in 2 names, father and son. That`s what I did so they are owned by both people.thnx
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  #12  
Old 05-25-2009, 9:02 PM
m5shooter m5shooter is offline
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So is there a list of approved Assult Weapon Dealers/FFL that will purchase the weapons?
What other states still have the Ban in effect that the Reg. CA Assult weapons cannot be shipped to?
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  #13  
Old 05-26-2009, 12:41 AM
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Poor COLT. It should stay with the family, but since we have this stupid gun laws, it has to go.
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  #14  
Old 05-26-2009, 8:38 AM
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I'm not sure where you're located but I've heard that these are not considered assult weapons in Nevada and there are companies there that will store them for you so when you go to nevada you can enjoy them and even take them out and shoot them. If you're close it may be something to check into.
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  #15  
Old 05-26-2009, 6:28 PM
m5shooter m5shooter is offline
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I know the Assult weapon has exprired in Nev. and no longer in effect there.
Do you happen to know the name or website to some companies that store them for a fee?
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