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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 02-06-2010, 12:22 PM
sc2dave sc2dave is offline
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Default leaving arms to son....

what do i need to do to be able to legally leave my legal arms to my son in case i die? i'm in Cal. 1 is a Colt Sporter bought in '91, and a serbu .50 .
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  #2  
Old 02-06-2010, 1:02 PM
taperx taperx is offline
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You cant unless he lives out of state. This question would be better posted in the centerfire rifle thread also. Just and FYI

Last edited by taperx; 02-06-2010 at 1:08 PM..
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  #3  
Old 02-06-2010, 1:39 PM
sc2dave sc2dave is offline
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I'm sorry,should have said we both live in Cal.
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  #4  
Old 02-06-2010, 1:45 PM
sc2dave sc2dave is offline
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Quote:
Originally Posted by taperx View Post
You cant unless he lives out of state. This question would be better posted in the centerfire rifle thread also. Just and FYI
Centerfire section for a legal question????
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  #5  
Old 11-17-2012, 10:14 PM
sc2dave sc2dave is offline
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So there's no way of transferring my rifles to my son?
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  #6  
Old 11-17-2012, 11:58 PM
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Yes, you will get more answers in the correct subforum.
In this case the Centerfire forum.

I am going to assume that these are legally owned RAWs. As in you actually sent in the registration preban. No, not the paperwork when you purchased them that was not the registration I am talking about.

If these are Registered Assault weapons (RAW) then what you where previously told is correct. They can not be transferred/passed down to anyone in CA.

The Colt Sporter is "Banned by Name".
You could sell the whole thing to someone out of state using an assault weapon dealer permit holder FFL.
Or you could sell just the lower to someone out of state using an assault weapon dealer permit holder FFL. Then build it on a new "OLL" Off list lower and using a magazine lock.

Not exactly sure what the serbu 50 is but from a google search it looks like the best option would to be to find an assault weapon dealer permit holder FFL and have that one sold out of state.

BTW it is also it is technically illegal to give (among other listed things) "large capacity magazines" after Jan 1st 2000.

Sorry that your previous questions went unanswered satisfactory for so long.
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Last edited by Chaos47; 11-18-2012 at 12:04 AM..
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  #7  
Old 11-18-2012, 2:04 AM
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Serbu 50 is a .50 caliber, and like 'assault weapons', it may not be transferred to anyone in state except a dealer with the a/w permit.

It's in the Penal Code:

30910 - Cannot transfer an assault weapon inside CA

Quote:
Except as provided in Section 30925, no assault weapon
possessed pursuant to this article may be sold or transferred on or
after January 1, 1990, to anyone within this state other than to a
licensed gun dealer or as provided in Section 31100.
30915 - Cannot inherit an assault weapon

Quote:
Any person who obtains title to an assault weapon registered
under this article or that was possessed pursuant to subdivision (a)
of Section 30630 by bequest or intestate succession shall, within 90
days, do one or more of the following:
(a) Render the weapon permanently inoperable.
(b) Sell the weapon to a licensed gun dealer.
(c) Obtain a permit from the Department of Justice in the same
manner as specified in Article 3 (commencing with Section 32650) of
Chapter 6.
(d) Remove the weapon from this state.
Similarly for .50 caliber rifles, 30930 - cannot transfer

30935 - Cannot inherit .50 BMG rifle
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  #8  
Old 11-18-2012, 4:21 AM
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Not so fast.... let's think this thru....

  • The specialty firearms in question are not inheritable... WITHIN CALIFORNIA.
    .
  • Fed law DOES allow lawful inheritance across state lines and without use of an FFL (providing inheritor is
    not a prohibited person, and there is no law in the state where possession is taken, etc.)
    .
    . .
  • The firearms in question could be prepositioned in a free state (say, NV) and taken possession in that free
    state by the lawful inheritor who is in fact a CA resident. California law does not control this.

    Of course, the CA inheritor can't bring these guns back into CA - I note that the Colt rifle is 99% likely to
    be banned by name so no features changes or BulletBUtton maglocks will render it CA legal.
    .
  • In CA the executor of the estate has a very short period to legally "dispose" of reg AWs/50BMGs - which
    would mean either surrendering them, running them thru a CA FFL w/AW permit to sell to authorized LE,
    or to parties outside CA, or by moving them outside CA so they could be taken posession of per above.

    An executor moving AWs/50BMGs (reg'd to someone else) outside CA within the estate period should carry
    his stamped executor papers and a copy of the will just in case of a traffic stop.
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Last edited by bwiese; 11-18-2012 at 4:31 AM..
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  #9  
Old 11-19-2012, 12:09 AM
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I will help you get that Colt legal (80%) and you can legally dispose of that "banned evil looking lower" lol
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  #10  
Old 11-20-2012, 8:54 AM
sc2dave sc2dave is offline
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Quote:
Originally Posted by Seesm View Post
Colt legal (80%)
I'm still kinda new to all this legal mods.what does this mean?
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  #11  
Old 11-20-2012, 11:06 AM
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The lower is the only technical 'firearm'. Replace the lower and you can keep everything else on the rifle as is. For the Colt anyways.
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  #12  
Old 11-20-2012, 1:49 PM
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Your Colt Sporter is banned two ways. First is by make and model number. So you would have to change the lower receiver to another make/model (OLL - off list lower) to avoid that first issue. The 2nd issue is the feature ban with the pistol grip and flash hider. To avoid that issue you would have to add a bullet button or take off the evil features (grip wrap and muzzle brake).
The semi auto ban flow chart in the title block will have all the technical information you need to get the gun compliant. If you bought a new AR lower now and gave it to your son before 1/1/2014 that lower could be handed down without any paperwork or official transfer you could keep your AR for now and just give him the part off the lower when the time comes. The BFG-50 is harder, see my post above, but not impossible.
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  #13  
Old 11-20-2012, 2:39 PM
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Quote:
Originally Posted by bwiese View Post
Not so fast.... let's think this thru....

  • The specialty firearms in question are not inheritable... WITHIN CALIFORNIA.
    .
  • Fed law DOES allow lawful inheritance across state lines and without use of an FFL (providing inheritor is
    not a prohibited person, and there is no law in the state where possession is taken, etc.)
    .
    . .
  • The firearms in question could be prepositioned in a free state (say, NV) and taken possession in that free
    state by the lawful inheritor who is in fact a CA resident. California law does not control this.

    Of course, the CA inheritor can't bring these guns back into CA - I note that the Colt rifle is 99% likely to
    be banned by name so no features changes or BulletBUtton maglocks will render it CA legal.
    .
  • In CA the executor of the estate has a very short period to legally "dispose" of reg AWs/50BMGs - which
    would mean either surrendering them, running them thru a CA FFL w/AW permit to sell to authorized LE,
    or to parties outside CA, or by moving them outside CA so they could be taken posession of per above.

    An executor moving AWs/50BMGs (reg'd to someone else) outside CA within the estate period should carry
    his stamped executor papers and a copy of the will just in case of a traffic stop.
Yes, of course. If the son lives/moves out of state the RAWs can be given to him in the free state. I think the OP was implying that his son was still here (or would still be here in CA) in which case, the son is SOL as to the RAW's.
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  #14  
Old 11-20-2012, 3:16 PM
edgerly779 edgerly779 is offline
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DRH has it right. Have Mark rebarrel the 50 and switch parts into new lower for ar15 and sell stripped lower out of state.
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  #15  
Old 11-20-2012, 3:23 PM
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Quote:
Originally Posted by djandj View Post
Yes, of course. If the son lives/moves out of state the RAWs can be given to him in the free state. I think the OP was implying that his son was still here (or would still be here in CA) in which case, the son is SOL as to the RAW's.
Hi Djandj,

Quite a few people are willing to keep valuable guns if they can, even in other states [lawd knows lotsa folks moved guns to NV/AZ/OR before SB23 hit.] This also likely is more applicable to high-value guns than a typical AR parts gun that was a RAW.

I just wanted that info out there so that the plain bald statement "you can't inherit RAWs" is somewhat refuted in part.

The other undercurrent in doing this allows the individual time to sell a high value gun properly and not have to dispose of it at a fire-sale price with high transaction costs via a CA AW permittee.
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  #16  
Old 11-20-2012, 3:59 PM
sc2dave sc2dave is offline
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Quote:
Originally Posted by DRH View Post
To avoid that issue you would have to add a bullet button or take off the evil features (grip wrap and muzzle brake).
The semi auto ban flow chart in the title block will have all the technical information you need to get the gun compliant. If you bought a new AR lower now and gave it to your son before 1/1/2014 that lower could be handed down without any paperwork or official transfer you could keep your AR for now and just give him the part off the lower when the time comes.
right now,it is registered as an a/w.So if i take off the "evil features" will that make it non-a/w?. What's changes are going to happen after 01/01/14?
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  #17  
Old 11-20-2012, 4:27 PM
edgerly779 edgerly779 is offline
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The colt lower cannot be reconfigured in any way to make it legal to give to son in California. Do what you like with the evil features still an raw. When you die so does it in Ca.
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  #18  
Old 11-20-2012, 5:16 PM
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Quote:
Originally Posted by sc2dave View Post
right now,it is registered as an a/w.So if i take off the "evil features" will that make it non-a/w?. What's changes are going to happen after 01/01/14?
The Colt lower is most likely an AW by make and model (check the flow chart), nothing can be done to change that. If you replace the lower with a non listed lower (less than $100) then removing the evil features or adding a bullet button will make the rifle legal. Long gun registration begins in 2014, there is a thread about it further up in this category.
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